Am. Sub. H. B. No. 119 As Reported by the Committee of Conference

As Reported by the Committee of Conference

127th General Assembly

Regular Session

2007-2008

Am. Sub. H. B. No. 119

Representative Dolan

Cosponsors: Representatives Peterson, McGregor, R., Hottinger, Bacon, Evans, Hite, Budish, Strahorn, Yates, Chandler, Stewart, D., Boyd, Hagan, R., Skindell, Brown, Bolon, Adams, Aslanides, Barrett, Beatty, Blessing, Bubp, Celeste, Collier, Combs, DeBose, DeGeeter, Domenick, Fende, Flowers, Gibbs, Goodwin, Goyal, Hagan, J., Harwood, Healy, Heard, Jones, Koziura, Letson, Luckie, Mallory, Miller, Otterman, Patton, Redfern, Schindel, Schlichter, Setzer, Szollosi, Uecker, Ujvagi, Wagoner, White, Williams, B., Williams, S., Zehringer
Senators Carey, Niehaus, Clancy, Miller, D., Roberts, Padgett, Austria, Boccieri, Cates, Goodman, Harris, Jacobson, Miller, R., Spada, Stivers, Mumper, Faber, Wilson, Mason, Fedor, Smith, Sawyer, Schaffer, Cafaro, Amstutz, Grendell, Gardner

A BILL

To amend sections 9.821, 9.822, 9.823, 9.83, 107.12,

107.40, 109.57, 109.572, 109.93, 111.18, 117.11,

119.07, 120.33, 121.48, 121.51, 122.17, 122.171,

122.602, 122.652, 124.152, 125.04, 125.45,

125.93, 125.96, 125.97, 125.98, 126.07, 126.08,

126.16, 126.21, 126.22, 127.16, 131.44, 133.01,

133.081, 149.311, 151.08, 151.40, 156.02, 164.03,

164.08, 164.09, 166.08, 167.04, 173.04, 173.35,

173.71, 173.85, 173.86, 174.03, 174.06, 183.01,

183.021, 183.17, 183.33, 183.34, 183.35, 305.31,

307.672, 307.695, 307.98, 307.981, 308.04,

317.08, 319.202, 319.54, 322.01, 323.131,

323.151, 323.152, 323.153, 323.154, 325.31,

329.04, 329.05, 329.14, 340.03, 505.37, 505.376,

505.705, 517.08, 709.01, 711.001, 711.05, 711.10,

711.131, 718.01, 718.03, 718.13, 901.171,

1503.05, 1504.02, 1506.01, 1506.99, 1513.08,

1513.18, 1514.081, 1514.40, 1521.01, 1521.20,

1521.21, 1521.22, 1521.23, 1521.24, 1521.25,

1521.26, 1521.27, 1521.28, 1521.29, 1521.99,

1531.06, 1531.35, 1555.08, 1557.03, 1901.34,

2113.041, 2117.061, 2117.25, 2151.362, 2305.2341,

2744.02, 2913.40, 2921.42, 2927.023, 2935.03,

3109.04, 3109.041, 3119.022, 3119.023, 3119.05,

3119.27, 3119.29, 3119.30, 3119.32, 3125.12,

3301.011, 3301.07, 3301.0711, 3301.0714,

3301.0718, 3301.12, 3301.311, 3301.53, 3302.03,

3302.10, 3307.01, 3307.31, 3309.01, 3309.51,

3310.41, 3311.24, 3311.51, 3311.521, 3313.532,

3313.537, 3313.603, 3313.615, 3313.64, 3313.646,

3313.66, 3313.661, 3313.841, 3313.843, 3313.97,

3313.974, 3313.977, 3313.978, 3313.98, 3313.983,

3314.015, 3314.02, 3314.06, 3314.061, 3314.074,

3314.08, 3314.083, 3314.091, 3314.26, 3317.01,

3317.012, 3317.013, 3317.014, 3317.015, 3317.016,

3317.017, 3317.02, 3317.021, 3317.022, 3317.023,

3317.024, 3317.025, 3317.026, 3317.027, 3317.028,

3317.029, 3317.0216, 3317.0217, 3317.03,

3317.031, 3317.032, 3317.04, 3317.05, 3317.051,

3317.052, 3317.06, 3317.063, 3317.07, 3317.08,

3317.15, 3317.16, 3317.19, 3317.20, 3317.201,

3318.01, 3318.011, 3318.023, 3318.12, 3318.15,

3318.26, 3318.36, 3319.29, 3319.291, 3319.301,

3319.31, 3319.55, 3321.03, 3323.011, 3323.02,

3323.03, 3323.031, 3323.04, 3323.05, 3323.051,

3323.07, 3323.09, 3323.091, 3323.12, 3323.13,

3323.14, 3323.141, 3323.142, 3323.143, 3323.15,

3323.17, 3323.18, 3323.20, 3323.30, 3325.011,

3325.02, 3327.01, 3327.05, 3327.16, 3333.04,

3333.122, 3333.36, 3333.38, 3345.05, 3345.32,

3353.03, 3354.10, 3357.01, 3357.10, 3358.06,

3365.01, 3365.02, 3365.03, 3365.04, 3365.041,

3365.05, 3365.07, 3365.09, 3365.11, 3381.04,

3501.01, 3501.05, 3501.11, 3501.17, 3501.31,

3505.062, 3505.063, 3505.23, 3509.08, 3513.21,

3517.093, 3517.106, 3517.11, 3517.13, 3517.992,

3599.17, 3599.19, 3599.37, 3701.74, 3701.741,

3702.52, 3702.5211, 3702.5212, 3702.5213,

3702.57, 3702.68, 3704.03, 3705.24, 3706.01,

3706.03, 3706.041, 3706.05, 3706.07, 3718.03,

3721.51, 3721.541, 3721.56, 3727.391, 3734.57,

3735.672, 3743.17, 3743.19, 3743.25, 3743.75,

3745.04, 3745.11, 3767.41, 3769.087, 3770.03,

3770.06, 3905.36, 3923.281, 4112.12, 4112.13,

4117.06, 4141.09, 4301.20, 4301.24, 4301.43,

4303.03, 4503.06, 4503.061, 4503.064, 4503.065,

4503.066, 4503.067, 4503.10, 4503.102, 4503.35,

4505.06, 4508.10, 4513.241, 4513.263, 4513.35,

4715.251, 4717.07, 4723.32, 4723.621, 4723.63,

4723.64, 4723.65, 4723.66, 4731.053, 4731.142,

4731.22, 4735.10, 4735.141, 4736.01, 4743.05,

4755.03, 4766.05, 4775.08, 4921.40, 5101.141,

5101.16, 5101.162, 5101.21, 5101.211, 5101.212,

5101.213, 5101.24, 5101.242, 5101.244, 5101.26,

5101.27, 5101.47, 5101.50, 5101.571, 5101.572,

5101.58, 5101.59, 5101.802, 5101.98, 5104.04,

5104.30, 5107.02, 5107.03, 5107.05, 5107.10,

5107.12, 5107.14, 5107.16, 5107.17, 5107.18,

5107.281, 5107.30, 5107.36, 5107.41, 5107.42,

5107.70, 5111.01, 5111.013, 5111.014, 5111.016,

5111.019, 5111.0111, 5111.0112, 5111.023,

5111.03, 5111.06, 5111.084, 5111.10, 5111.101,

5111.11, 5111.112, 5111.113, 5111.163, 5111.17,

5111.172, 5111.20, 5111.851, 5111.871, 5111.872,

5111.8814, 5111.89, 5111.891, 5111.95, 5111.96,

5112.341, 5115.12, 5119.611, 5123.01, 5123.012,

5123.043, 5123.045, 5123.046, 5123.047, 5123.048,

5123.049, 5123.0411, 5123.051, 5123.19, 5123.196,

5123.198, 5123.20, 5123.211, 5123.38, 5123.41,

5123.51, 5123.60, 5123.602, 5123.99, 5126.038,

5126.04, 5126.041, 5126.042, 5126.046, 5126.05,

5126.054, 5126.055, 5126.056, 5126.057, 5126.06,

5126.12, 5126.15, 5126.18, 5126.19, 5126.25,

5126.40, 5126.42, 5126.43, 5126.45, 5126.47,

5139.43, 5323.01, 5323.02, 5323.99, 5528.54,

5531.10, 5537.04, 5537.16, 5537.99, 5703.80,

5705.01, 5705.25, 5705.29, 5705.44, 5709.68,

5711.01, 5713.011, 5725.24, 5727.06, 5727.45,

5727.81, 5727.84, 5727.85, 5727.86, 5727.87,

5733.12, 5733.39, 5733.98, 5739.02, 5739.032,

100

5739.033, 5739.035, 5739.09, 5739.12, 5739.122,

101

5739.123, 5739.21, 5741.02, 5741.03, 5741.05,

102

5741.121, 5743.01, 5743.20, 5743.99, 5745.02,

103

5745.05, 5745.13, 5747.01, 5747.03, 5747.47,

104

5747.50, 5747.501, 5747.51, 5747.54, 5747.98,

105

5748.01, 5748.02, 5749.02, 5751.20, 5751.21,

106

5751.23, 5907.15, 6109.21, 6111.04, 6111.44,

107

6119.06, 6121.04, and 6131.23; to amend, for the

108

purpose of adopting new section numbers as

109

indicated in parentheses, sections 1521.20

110

(1506.38), 1521.21 (1506.39), 1521.22 (1506.40),

111

1521.23 (1506.41), 1521.24 (1506.42), 1521.25

112

(1506.43), 1521.26 (1506.44), 1521.27 (1506.45),

113

1521.28 (1506.46), 1521.29 (1506.47), 1521.30

114

(1506.48), 3323.011 (3323.013), 3702.63

115

(3702.591), 3702.68 (3702.59), 5101.521 (9.15),

116

5111.95 (5111.033), 5111.96 (5111.034), and

117

5126.057 (5126.0511); to enact new sections

118

3318.47, 3323.01, 3323.011, 3323.06, 3323.08,

119

3323.11, 3704.14, 5101.521, and 5123.16 and

120

sections 5.2235, 109.521, 117.112, 117.113,

121

122.051, 122.071, 122.076, 122.174, 126.04,

122

126.24, 126.40, 131.51, 133.061, 167.10, 167.101,

123

167.102, 167.103, 167.104, 167.105, 173.351,

124

173.401, 183.061, 183.51, 183.52, 901.261,

125

1713.031, 3119.302, 3123.23, 3301.0724, 3301.162,

126

3303.20, 3310.51 to 3310.63, 3313.82, 3314.016,

127

3314.017, 3314.086, 3314.087, 3314.19, 3317.161,

128

3319.28, 3323.014, 3323.041, 3323.052, 3326.01,

129

3326.02, 3326.03, 3326.04, 3326.05, 3326.06,

130

3326.07, 3326.08, 3326.09, 3326.10, 3326.11,

131

3326.12, 3326.13, 3326.14, 3326.15, 3326.16,

132

3326.17, 3326.18, 3326.19, 3326.20, 3326.21,

133

3326.22, 3326.23, 3326.31, 3326.32, 3326.33,

134

3326.34, 3326.35, 3326.36, 3326.37, 3326.38,

135

3326.49, 3326.50, 3327.17, 3333.50, 3333.55,

136

3333.60, 3333.61, 3333.62, 3333.63, 3333.64,

137

3333.65, 3333.66, 3333.67, 3333.68, 3333.69,

138

3333.70, 3345.02, 3345.35, 3353.20, 3353.21,

139

3353.22, 3353.23, 3353.24, 3353.25, 3353.26,

140

3353.27, 3353.28, 3353.29, 3353.30, 3357.13,

141

3503.09, 3701.047, 3701.135, 4303.071, 4303.232,

142

4303.233, 4511.093, 4517.261, 4703.071, 4766.22,

143

4923.26, 5101.272, 5101.52, 5101.522, 5101.523,

144

5101.524, 5101.525, 5101.526, 5101.527, 5101.528,

145

5101.529, 5101.5211, 5101.5212, 5101.5213,

146

5101.5214, 5101.5215, 5101.5216, 5101.541,

147

5101.573, 5101.574, 5101.575, 5101.591, 5107.04,

148

5107.121, 5107.71, 5107.711, 5107.712, 5107.713,

149

5107.714, 5107.715, 5107.716, 5107.717, 5111.017,

150

5111.0120, 5111.028, 5111.029, 5111.031,

151

5111.032, 5111.085, 5111.102, 5111.165, 5111.166,

152

5111.69, 5111.70, 5111.701, 5111.702, 5111.703,

153

5111.704, 5111.705, 5111.706, 5111.707, 5111.708,

154

5111.709, 5111.7010, 5111.7011, 5111.84, 5111.894,

155

5123.033, 5123.0414, 5123.0415, 5123.0416,

156

5123.161, 5123.162, 5123.163, 5123.164, 5123.165,

157

5123.166, 5123.167, 5123.168, 5123.169, 5123.605,

158

5126.059, 5126.0510, 5126.0512, 5302.221,

159

5309.082, 5533.531, 5533.632, 5533.91, 5703.058,

160

5705.219, 5733.48, 5739.029, 5739.124, 5739.213,

161

5740.10, 5741.122, 5747.77, 5748.022, 5907.16,

162

and 6111.0381; to repeal sections 103.141,

163

125.95, 183.02, 183.27, 183.32, 3318.47, 3318.48,

164

3318.49, 3323.01, 3323.06, 3323.08, 3323.11,

165

3333.29, 3704.14, 4911.021, 5111.161, 5123.16,

166

5123.182, 5123.199, 5126.035, 5126.036, 5126.053,

167

5126.431, 5126.44, 5126.451, 5743.331, 5747.61,

168

5747.62, and 5747.63 of the Revised Code; to

169

amend Section 4 of Sub. H.B. 2 of the 127th

170

General Assembly, to amend Sections 203.10,

171

203.50, 209.10, 227.10, 555.08, and 557.10 of Am.

172

Sub. H.B. 67 of the 127th General Assembly; to

173

amend Section 252.70 of Am. Sub. H.B. 530 of the

174

126th General Assembly, to amend Sections

175

227.10, 235.10.50, and 235.50.80 of Am. Sub.

176

H.B. 699 of the 126th General Assembly, to amend

177

Section 235.20.20 of Am. Sub. H.B. 699 of the

178

126th General Assembly, as subsequently amended,

179

to amend Section 203.20 of Sub. S.B. 321 of the

180

126th General Assembly, to amend Section 153 of

181

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

182

as subsequently amended, to repeal Section 3 of

183

Am. Sub. H.B. 694 of the 126th General Assembly,

184

and to repeal the version of section 3702.68 of

185

the Revised Code that was to have taken effect

186

July 1, 2007, to make operating appropriations

187

for the biennium beginning July 1, 2007, and

188

ending June 30, 2009, and to provide

189

authorization and conditions for the operation of

190

state programs; to suspend sections 3718.02,

191

3718.05, 3718.06, 3718.07, 3718.08, 3718.09,

192

3718.10, 3718.99, and 6111.441 of the Revised

193

Code until July 1, 2009, and to further amend

194

sections 711.001, 711.05, 711.10, 711.131,

195

4736.01, 6111.04, and 6111.44 and to enact

196

section 3718.022 of the Revised Code effective

197

July 1, 2009; to confirm and to order

198

implementation of sections 9.833, 9.90, 3311.19,

199

3313.12, 3313.202, 3313.33, 4117.03, and 4117.08

200

and to confirm and to order complete

201

implementation of section 9.901 of the Revised

202

Code as the sections result from Am. Sub. H.B. 66

203

of the 126th General Assembly; to repeal Section

204

611.03 of Am. Sub. H.B. 66 of the 126th General

205

Assembly; and to amend sections 9.833, 9.90,

206

9.901, 3313.202, 3313.33, and 4117.03 of the

207

Revised Code to make other specifications

208

pertaining to that implementation as have become

209

necessary; and to terminate operation of section

210

5101.213 of the Revised Code on July 1, 2008, by

211

repealing the section on that date.

212

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

Section 101.01. That sections 9.821, 9.822, 9.823, 9.83,	213
107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 117.11, 119.07,	214
120.33, 121.48, 121.51, 122.17, 122.171, 122.602, 122.652,	215
124.152, 125.04, 125.45, 125.93, 125.96, 125.97, 125.98,	216
126.07, 126.08, 126.16, 126.21, 126.22, 127.16, 131.44, 133.01,	217
133.081, 149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09,	218
166.08, 167.04, 173.04, 173.35, 173.71, 173.85, 173.86, 174.03,	219
174.06, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 305.31,	220
307.672, 307.695, 307.98, 307.981, 308.04, 317.08, 319.202,	221
319.54, 322.01, 323.131, 323.151, 323.152, 323.153, 323.154,	222
325.31, 329.04, 329.05, 329.14, 340.03, 505.37, 505.376, 505.705,	223
517.08, 709.01, 711.001, 711.05, 711.10, 711.131, 718.01, 718.03,	224
718.13, 901.171, 1503.05, 1504.02, 1506.01, 1506.99, 1513.08,	225
1513.18, 1514.081, 1514.40, 1521.01, 1521.20, 1521.21, 1521.22,	226
1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29,	227
1521.99, 1531.06, 1531.35, 1555.08, 1557.03, 1901.34, 2113.041,	228
2117.061, 2117.25, 2151.362, 2305.2341, 2744.02, 2913.40,	229
2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023,	230
3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12, 3301.011,	231
3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12, 3301.311,	232
3301.53, 3302.03, 3302.10, 3307.01, 3307.31, 3309.01, 3309.51,	233
3310.41, 3311.24, 3311.51, 3311.521, 3313.532, 3313.537,	234
3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661,	235
3313.841, 3313.843, 3313.97, 3313.974, 3313.977, 3313.978,	236
3313.98, 3313.983, 3314.015, 3314.02, 3314.06, 3314.061,	237
3314.074, 3314.08, 3314.083, 3314.091, 3314.26, 3317.01, 3317.012,	238
3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.02,	239
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026,	240
3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03,	241
3317.031, 3317.032, 3317.04, 3317.05, 3317.051, 3317.052,	242
3317.06, 3317.063, 3317.07, 3317.08, 3317.15, 3317.16, 3317.19,	243
3317.20, 3317.201, 3318.01, 3318.011, 3318.023, 3318.12, 3318.15,	244
3318.26, 3318.36, 3319.29, 3319.291, 3319.301, 3319.31, 3319.55,	245
3321.03, 3323.011, 3323.02, 3323.03, 3323.031, 3323.04, 3323.05,	246
3323.051, 3323.07, 3323.09, 3323.091, 3323.12, 3323.13, 3323.14,	247
3323.141, 3323.142, 3323.143, 3323.15, 3323.17, 3323.18, 3323.20,	248
3323.30, 3325.011, 3325.02, 3327.01, 3327.05, 3327.16, 3333.04,	249
3333.122, 3333.36, 3333.38, 3345.05, 3345.32, 3353.03, 3354.10,	250
3357.01, 3357.10, 3358.06, 3365.01, 3365.02, 3365.03, 3365.04,	251
3365.041, 3365.05, 3365.07, 3365.09, 3365.11, 3381.04, 3501.01,	252
3501.05, 3501.11, 3501.17, 3501.31, 3505.062, 3505.063, 3505.23,	253
3509.08, 3513.21, 3517.093, 3517.106, 3517.11, 3517.13, 3517.992,	254
3599.17, 3599.19, 3599.37, 3701.74, 3701.741, 3702.52, 3702.5211,	255
3702.5212, 3702.5213, 3702.57, 3702.68, 3704.03, 3705.24,	256
3706.01, 3706.03, 3706.041, 3706.05, 3706.07, 3718.03, 3721.51,	257
3721.541, 3721.56, 3727.391, 3734.57, 3735.672, 3743.17, 3743.19,	258
3743.25, 3743.75, 3745.04, 3745.11, 3767.41, 3769.087, 3770.03,	259
3770.06, 3905.36, 3923.281, 4112.12, 4112.13, 4117.06, 4141.09,	260
4301.20, 4301.24, 4301.43, 4303.03, 4503.06, 4503.061, 4503.064,	261
4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35,	262
4505.06, 4508.10, 4513.241, 4513.263, 4513.35, 4715.251, 4717.07,	263
4723.32, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4731.053,	264
4731.142, 4731.22, 4735.10, 4735.141, 4736.01, 4743.05, 4755.03,	265
4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162, 5101.21,	266
5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244,	267
5101.26, 5101.27, 5101.47, 5101.50, 5101.571, 5101.572, 5101.58,	268
5101.59, 5101.802, 5101.98, 5104.04, 5104.30, 5107.02, 5107.03,	269
5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.18,	270
5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5107.70, 5111.01,	271
5111.013, 5111.014, 5111.016, 5111.019, 5111.0111, 5111.0112,	272
5111.023, 5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.11,	273
5111.112, 5111.113, 5111.163, 5111.17, 5111.172, 5111.20,	274
5111.851, 5111.871, 5111.872, 5111.8814, 5111.89, 5111.891,	275
5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.012,	276
5123.043, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049,	277
5123.0411, 5123.051, 5123.19, 5123.196, 5123.198, 5123.20,	278
5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602, 5123.99,	279
5126.038, 5126.04, 5126.041, 5126.042, 5126.046, 5126.05,	280
5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.12, 5126.15,	281
5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45,	282
5126.47, 5139.43, 5323.01, 5323.02, 5323.99, 5528.54, 5531.10,	283
5537.04, 5537.16, 5537.99, 5703.80, 5705.01, 5705.25, 5705.29,	284
5705.44, 5709.68, 5711.01, 5713.011, 5725.24, 5727.06, 5727.45,	285
5727.81, 5727.84, 5727.85, 5727.86, 5727.87, 5733.12, 5733.39,	286
5733.98, 5739.02, 5739.032, 5739.033, 5739.035, 5739.09, 5739.12,	287
5739.122, 5739.123, 5739.21, 5741.02, 5741.03, 5741.05, 5741.121,	288
5743.01, 5743.20, 5743.99, 5745.02, 5745.05, 5745.13, 5747.01,	289
5747.03, 5747.47, 5747.50, 5747.501, 5747.51, 5747.54, 5747.98,	290
5748.01, 5748.02, 5749.02, 5751.20, 5751.21, 5751.23, 5907.15,	291
6109.21, 6111.04, 6111.44, 6119.06, 6121.04, and 6131.23 be	292
amended; sections 1521.20 (1506.38), 1521.21 (1506.39), 1521.22	293
(1506.40), 1521.23 (1506.41), 1521.24 (1506.42), 1521.25	294
(1506.43), 1521.26 (1506.44), 1521.27 (1506.45), 1521.28	295
(1506.46), 1521.29 (1506.47), 1521.30 (1506.48), 3323.011	296
(3323.013), 3702.63 (3702.591), 3702.68 (3702.59), 5101.521	297
(9.15), 5111.95 (5111.033), 5111.96 (5111.034), and 5126.057	298
(5126.0511) be amended for the purpose of adopting new section	299
numbers as indicated in parentheses; and new sections 3318.47,	300
3323.01, 3323.011, 3323.06, 3323.08, 3323.11, 3704.14, 5101.521,	301
and 5123.16 and sections 5.2235, 109.521, 117.112, 117.113,	302
122.051, 122.071, 122.076, 122.174, 126.04, 126.24, 126.40,	303
131.51, 133.061, 167.10, 167.101, 167.102, 167.103, 167.104,	304
167.105, 173.351, 173.401, 183.061, 183.51, 183.52, 901.261,	305
1713.031, 3319.302, 3123.23, 3301.0724, 3301.162, 3303.20,	306
3310.51, 3310.52, 3310.53, 3310.54, 3310.55, 3310.56, 3310.57,	307
3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63, 3313.82,	308
3314.016, 3314.017, 3314.086, 3314.087, 3314.19, 3317.161,	309
3319.28, 3323.014, 3323.041, 3323.052, 3326.01, 3326.02, 3326.03,	310
3326.04, 3326.05, 3326.06, 3326.07, 3326.08, 3326.09, 3326.10,	311
3326.11, 3326.12, 3326.13, 3326.14, 3326.15, 3326.16, 3326.17,	312
3326.18, 3326.19, 3326.20, 3326.21, 3326.22, 3326.23, 3326.31,	313
3326.32, 3326.33, 3326.34, 3326.35, 3326.36, 3326.37, 3326.38,	314
3326.49, 3326.50, 3327.17, 3333.50, 3333.55, 3333.60, 3333.61,	315
3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68,	316
3333.69, 3333.70, 3345.02, 3345.35, 3353.20, 3353.21, 3353.22,	317
3353.23, 3353.24, 3353.25, 3353.26, 3353.27, 3353.28, 3353.29,	318
3353.30, 3357.13, 3503.09, 3701.047, 3701.135, 4303.071,	319
4303.232, 4303.233, 4511.093, 4517.261, 4703.071, 4766.22,	320
4923.26, 5101.272, 5101.52, 5101.522, 5101.523, 5101.524,	321
5101.525, 5101.526, 5101.527, 5101.528, 5101.529, 5101.5211,	322
5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216, 5101.541,	323
5101.573, 5101.574, 5101.575, 5101.591, 5107.04, 5107.121,	324
5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715,	325
5107.716, 5107.717, 5111.017, 5111.0120, 5111.028, 5111.029,	326
5111.031, 5111.032, 5111.085, 5111.102, 5111.165, 5111.166,	327
5111.69, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704,	328
5111.705, 5111.706, 5111.707, 5111.708, 5111.709, 5111.7010,	329
5111.7011, 5111.84, 5111.894, 5123.033, 5123.0414, 5123.0415,	330
5123.0416, 5123.161, 5123.162, 5123.163, 5123.164, 5123.165,	331
5123.166, 5123.167, 5123.168, 5123.169, 5123.605, 5126.059,	332
5126.0510, 5126.0512, 5302.221, 5309.082, 5533.531, 5533.632,	333
5533.91, 5703.058, 5705.219, 5733.48, 5739.029, 5739.124,	334
5739.213, 5740.10, 5741.122, 5747.77, 5748.022, 5907.16, and	335
6111.0381 of the Revised Code be enacted to read as follows:	336

Sec. 5.2235. The month of May is designated as "Nutrition and	337
Physical Fitness Month" to increase public awareness of the	338
paramount roles that nutrition and physical fitness play in	339
promoting a healthy lifestyle for all of the citizens of this	340
state.	341

~~Sec. 5101.521.~~ Sec. 9.15. When the body of a dead person is found	342
in a township or municipal corporation, and such person was not an	343
inmate of a correctional, benevolent, or charitable institution of	344
this state, and the body is not claimed by any person for private	345
interment or cremation at the person's own expense, or delivered	346
for the purpose of medical or surgical study or dissection in	347
accordance with section 1713.34 of the Revised Code, it shall be	348
disposed of as follows:	349

(A) If the person was a legal resident of the county, the	350
proper officers of the township or municipal corporation in which	351
the person's body was found shall cause it to be buried or	352
cremated at the expense of the township or municipal corporation	353
in which the person had a legal residence at the time of death.	354

(B) If the person had a legal residence in any other county	355
of the state at the time of death, the superintendent of the	356
county home of the county in which such body was found shall cause	357
it to be buried or cremated at the expense of the township or	358
municipal corporation in which the person had a legal residence at	359
the time of death.	360

(C) If the person was an inmate of a correctional institution	361
of the county or a patient or resident of a benevolent institution	362
of the county, the person had no legal residence in the state, or	363
the person's legal residence is unknown, the superintendent shall	364
cause the person to be buried or cremated at the expense of the	365
county.	366

Such officials shall provide, at the grave of the person or,	367
if the person's cremated remains are buried, at the grave of the	368
person's cremated remains, a stone or concrete marker on which the	369
person's name and age, if known, and date of death shall be	370
inscribed.	371

A political subdivision is not relieved of its duty to bury	372
or cremate a person at its expense under this section when the	373
body is claimed by an indigent person.	374

Sec. 9.821. (A) The department of administrative services	375
shall direct and manage for state agencies all risk management and	376
insurance programs authorized under section 9.822 of the Revised	377
Code.	378

(B) The office of risk management is hereby established	379
within the department of administrative services. The director of	380
administrative services, or a deputy director appointed by the	381
director, shall control and supervise the office.	382

(C) The office may take any of the following actions that it	383
determines to be in the best interests of the state:	384

(1) Provide all insurance coverages for the state, including,	385
but not limited to, automobile liability, casualty, property,	386
public liability, and~~, except as provided in division (C)(6) of~~	387
~~this section,~~ fidelity ~~bond insurance~~bonding. The cost of	388
insurance coverage shall be paid from appropriations made to the	389
state agencies that the office has designated to receive the	390
coverage.	391

(2) Provide coverage of legal expenses that are necessary and	392
related to the legal defense of claims against the state;	393

(3) Purchase insurance policies consistent with sections	394
125.01 to 125.111 of the Revised Code, develop and administer	395
self-insurance programs, or do both;	396

(4) Consolidate and combine state insurance coverages;

397

(5) Provide technical services in risk management and	398
insurance to state agencies;	399

(6)~~(a) Establish and administer a self-insured fidelity bond~~	400
~~program for a particular class or subclass of state officer,~~	401
~~employee, or agent, if, prior to the establishment and~~	402
~~administration of this program, the director does both of the~~	403
~~following:~~	404

~~(i) Holds a hearing in accordance with Chapter 119. of the~~	405
~~Revised Code to determine whether fidelity bond insurance for that~~	406
~~particular class or subclass of state officer, employee, or agent~~	407
~~is available in the voluntary market;~~	408

~~(ii) If, as a result of that hearing, the director determines~~	409
~~that fidelity bond insurance for a particular class or subclass of~~	410
~~state officer, employee, or agent is unavailable in the voluntary~~	411
~~market and that the absence of this insurance threatens the~~	412
~~operation of state government and will be detrimental to the~~	413
~~general welfare of the citizens of this state, adopts rules in~~	414
~~accordance with Chapter 119. of the Revised Code to establish~~	415
~~standards and procedures governing the establishment,~~	416
~~administration, and termination of the fidelity bond program for~~	417
~~that particular class or subclass of state officer, employee, or~~	418
~~agent.~~	419

~~(b) Division (C)(6)(a) of this section does not apply to any~~	420
~~self-insured blanket fidelity bond program that, on September 20,~~	421
~~1993, has been established pursuant to section 9.831 of the~~	422
~~Revised Code.~~	423

~~(7) Except as provided in division (C)(6) of this section,~~	424
~~adopt~~Adopt and publish, in accordance with section 111.15 of the	425
Revised Code, necessary rules and procedures governing the	426
administration of the state's insurance and risk management	427
activities.	428

(D) No state agency, except a state agency exempted under	429
section 125.02 or 125.04 of the Revised Code from the department's	430
purchasing authority, shall purchase any insurance described in	431
this section except as authorized by the department, when the	432
office of risk management determines that the purchase is in the	433
best interest of the state pursuant to division (C)(1) of this	434
section, and in accordance with terms, conditions, and procurement	435
methods established by the department.	436

(E) With respect to any civil action, demand, or claim	437
against the state that could be filed in the court of claims,	438
nothing in sections 9.82 to 9.823 of the Revised Code shall be	439
interpreted to permit the settlement or compromise of those civil	440
actions, demands, or claims, except in the manner provided in	441
Chapter 2743. of the Revised Code.	442

Sec. 9.822. (A) The department of administrative services	443
through the office of risk management shall establish an insurance	444
plan or plans that may provide for self-insurance or the purchase	445
of insurance, or both, for ~~any~~either of the following purposes:	446

(1) Insuring state real and personal property against losses	447
occasioned by fire, windstorm, or other accidents and perils;	448

(2) Insuring the state and its officers and employees against	449
liability resulting from any civil action, demand, or claim	450
against the state or its officers and employees arising out of any	451
act or omission of an officer or employee in the performance of	452
official duties, except acts and omissions for which	453
indemnification is prohibited under section 9.87 of the Revised	454
Code;.	455

~~(3) Insuring~~(B) The department of administrative services	456
through the office of risk management shall establish one or more	457
insurance plans that provide for the purchase of insurance for the	458
purpose of insuring the state through the fidelity bonding of	459
state officers, employees, and agents who are required by law to	460
provide a fidelity bond. Nothing in this section shall be	461
construed to allow the department of administrative services	462
through the office of risk management to administer the state's	463
fidelity bonding program through a program of self-insurance.	464

~~(B)(1) Prior to the establishment of any self-insured~~	465
~~fidelity bond program for a particular class or subclass of state~~	466
~~officer, employee, or agent authorized pursuant to division (A)(3)~~	467
~~of this section, the director of administrative services shall~~	468
~~follow the procedures for holding a hearing and adopting rules set~~	469
~~forth in division (C)(6)(a) of section 9.821 of the Revised Code.~~	470

~~(2) Division (B)(1) of this section does not apply to any~~	471
~~self-insured blanket fidelity bond program that, on September 20,~~	472
~~1993, has been established pursuant to section 9.831 of the~~	473
~~Revised Code.~~	474

~~(3) The director shall prepare annually a written report~~	475
~~detailing any self-insured fidelity bond program established~~	476
~~pursuant to division (A)(3) of this section. The report shall~~	477
~~include, but is not limited to, information relating to premiums~~	478
~~collected, income from recovery, loss experience, and~~	479
~~administrative costs of the program. A copy of the report,~~	480
~~together with a copy of those portions of the most recent reports~~	481
~~submitted under division (D) of section 9.823 of the Revised Code~~	482
~~that pertain to any such self-insured fidelity bond program, shall~~	483
~~be submitted to the speaker of the house of representatives and~~	484
~~the president of the senate by the last day of March of each year.~~	485

Sec. 9.823. (A) All contributions collected by the director	486
of administrative services under division (E) of this section	487
shall be deposited into the state treasury to the credit of the	488
risk management reserve fund, which is hereby created. The fund	489
shall be used to provide insurance and self-insurance for the	490
state under ~~section~~sections 9.822 and 9.83 of the Revised Code.	491
All investment earnings of the fund shall be credited to it.	492

(B) The director, through the office of risk management,	493
shall operate the risk management reserve fund on an actuarially	494
sound basis.	495

(C) Reserves shall be maintained in the risk management	496
reserve fund in any amount that is necessary and adequate, in the	497
exercise of sound and prudent actuarial judgment, to cover	498
potential liability claims, expenses, fees, or damages. Money in	499
the fund may be applied to the payment of liability claims that	500
are filed against the state in the court of claims and determined	501
in the manner provided for under Chapter 2743. of the Revised	502
Code. The director may procure the services of a qualified	503
actuarial firm for the purpose of recommending the specific amount	504
of money that would be required to maintain adequate reserves for	505
a given period of time.	506

(D) A report of the amounts reserved and disbursements made	507
from the reserves, together with a written report of a competent	508
property and casualty actuary, shall be submitted, on or before	509
the last day of March for the preceding calendar year, to the	510
speaker of the house of representatives and the president of the	511
senate. The actuary shall certify the adequacy of the rates of	512
contributions, the sufficiency of excess insurance, and whether	513
the amounts reserved conform to the requirements of this section,	514
are computed in accordance with accepted loss reserving standards,	515
and are fairly stated in accordance with sound loss reserving	516
principles. The report shall include disbursements made for the	517
administration of the fund, including claims paid, cost of legal	518
representation of state agencies and employees, and fees paid to	519
consultants.	520

(E) The director shall collect from each state agency or any	521
participating state body its contribution to the risk management	522
reserve fund for the purpose of purchasing insurance or	523
administering self-insurance programs for coverages authorized	524
under ~~section~~sections 9.822 and 9.83 of the Revised Code. The	525
contribution shall be determined by the director, with the	526
approval of the director of budget and management, and shall be	527
based upon actuarial assumptions and the relative risk and loss	528
experience of each state agency or participating state body. The	529
contribution shall further include a reasonable sum to cover the	530
department's administrative costs.	531

Sec. 9.83. (A) The state and any political subdivision may	532
procure a policy or policies of insurance insuring its officers	533
and employees against liability for injury, death, or loss to	534
person or property that arises out of the operation of an	535
automobile, truck, motor vehicle with auxiliary equipment,	536
self-propelling equipment or trailer, aircraft, or watercraft by	537
the officers or employees while engaged in the course of their	538
employment or official responsibilities for the state or the	539
political subdivision. The state is authorized to expend funds to	540
pay judgments that are rendered in any court against its officers	541
or employees and that result from such operation, and is	542
authorized to expend funds to compromise claims for liability	543
against its officers or employees that result from such operation.	544
No insurer shall deny coverage under such a policy, and the state	545
shall not refuse to pay judgments or compromise claims, on the	546
ground that an automobile, truck, motor vehicle with auxiliary	547
equipment, self-propelling equipment or trailer, aircraft, or	548
watercraft was not being used in the course of an officer's or	549
employee's employment or official responsibilities for the state	550
or a political subdivision unless the officer or employee who was	551
operating an automobile, truck, motor vehicle with auxiliary	552
equipment, or self-propelling equipment or trailer is convicted of	553
a violation of section 124.71 of the Revised Code as a result of	554
the same events.	555

(B) Funds shall be reserved as necessary, in the exercise of	556
sound and prudent actuarial judgment, to cover potential expense,	557
fees, damage, loss, or other liability. The ~~superintendent of~~	558
~~insurance~~office of risk management may recommend or, if the state	559
requests of the ~~superintendent~~office of risk management, shall	560
recommend, a specific amount for any period of time that, in the	561
~~superintendent's~~ opinion of the office of risk management,	562
represents such a judgment.	563

(C) Nothing in this section shall be construed to require the	564
department of administrative services to purchase liability	565
insurance for all state vehicles in a single policy of insurance	566
or to cover all state vehicles under a single plan of	567
self-insurance.	568

(D) Insurance procured by the state pursuant to this section	569
shall be procured as provided in section 125.03 of the Revised	570
Code.	571

(E) For purposes of liability insurance procured under this	572
section to cover the operation of a motor vehicle by a prisoner	573
for whom the insurance is procured, "employee" includes a prisoner	574
in the custody of the department of rehabilitation and correction	575
who is enrolled in a work program that is established by the	576
department pursuant to section 5145.16 of the Revised Code and in	577
which the prisoner is required to operate a motor vehicle, as	578
defined in section 4509.01 of the Revised Code, and who is engaged	579
in the operation of a motor vehicle in the course of the work	580
program.	581

(F) ~~There is hereby created in the state treasury the vehicle~~	582
~~liability fund.~~ All contributions collected by the director of	583
administrative services under division ~~(I)~~(H) of this section	584
shall be deposited into the ~~fund. The fund shall be used to~~	585
~~provide insurance and self-insurance for the state under this~~	586
~~section. All investment earnings of the fund shall be credited to~~	587
itrisk management reserve fund created in section 9.823 of the	588
Revised Code to the credit of the vehicle liability program.	589

(G) ~~The director of administrative services, through the~~	590
~~office of risk management, shall operate the vehicle liability~~	591
~~fund on an actuarially sound basis.~~	592

~~(H)~~ Reserves shall be maintained in the ~~vehicle liability~~	593
risk management reserve fund to the credit of the vehicle	594
liability program in any amount that is necessary and adequate, in	595
the exercise of sound and prudent actuarial judgment, to cover	596
potential liability claims, expenses, fees, or damages. Money in	597
the fund may be applied to the payment of liability claims that	598
are filed against the state in the court of claims and determined	599
in the manner provided in Chapter 2743. of the Revised Code. The	600
director of administrative services may procure the services of a	601
qualified actuarial firm for the purpose of recommending the	602
specific amount of money that is required to maintain adequate	603
reserves for a specified period of time.	604

~~(I)~~(H) The director of administrative services shall collect	605
from each state agency or any participating state body its	606
contribution to the vehicle liability ~~fund~~program for the purpose	607
of purchasing insurance or administering self-insurance programs	608
for coverage authorized under this section. The amount of the	609
contribution shall be determined by the director, with the	610
approval of the director of budget and management. It shall be	611
based upon actuarial assumptions and the relative risk and loss	612
experience of each state agency or participating state body. The	613
amount of the contribution also shall include a reasonable sum to	614
cover administrative costs of the department of administrative	615
services. The amounts collected pursuant to this division shall be	616
deposited in the risk management reserve fund to the credit of the	617
vehicle liability program.	618

Sec. 107.12. (A) As used in this section, "organization"	619
means a faith-based or other organization that is exempt from	620
federal income taxation under section 501(c)(3) of the Internal	621
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and	622
provides charitable services to needy residents of this state.	623

(B) There is hereby established within the office of the	624
governor the governor's office of faith-based and community	625
initiatives. The office shall:	626

(1) Serve as a clearinghouse of information on federal,	627
state, and local funding for charitable services performed by	628
organizations;	629

(2) Encourage organizations to seek public funding for their	630
charitable services;	631

(3) Act as a liaison between state agencies and	632
organizations;	633

(4) Advise the governor, general assembly, and the advisory	634
board of the governor's office of faith-based community	635
initiatives on the barriers that exist to collaboration between	636
organizations and governmental entities and on ways to remove the	637
barriers.	638

(C) The governor shall appoint an executive assistant to	639
manage the office and perform or oversee the performance of the	640
duties of the office.	641

(D)(1) There is hereby created the advisory board of the	642
governor's office of faith-based and community initiatives. The	643
board shall consist of members appointed as follows:	644

(a) The directors of aging, alcohol and drug addiction	645
services, rehabilitation and correction, health, job and family	646
services, mental health, and youth services shall each appoint to	647
the board one employee of that director's department.	648

(b) The speaker of the house of representatives shall appoint	649
to the board two members of the house of representatives, not more	650
than one of whom shall be from the same political party and at	651
least one of whom shall be from the legislative black caucus. ~~The~~	652
~~speaker of the house of representatives shall consult with the~~	653
~~president of the legislative black caucus in making the~~	654
legislative black caucus member appointment. The president of the	655
senate shall appoint to the board two members of the senate, not	656
more than one of whom shall be from the same political party.	657

(c) The governor, speaker of the house of representatives,	658
and president of the senate shall each appoint to the board three	659
representatives of the nonprofit, faith-based and other nonprofit	660
community.	661

(2) ~~The appointments to the board shall be made within thirty~~	662
~~days after the effective date of this section.~~ Terms of the office	663
shall be one year. Any vacancy that occurs on the board shall be	664
filled in the same manner as the original appointment. The members	665
of the board shall serve without compensation.	666

(3) At its initial meeting, the board shall elect a	667
chairperson. The chairperson shall be a member of the board who is	668
a member of the house of representatives.	669

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

670

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

671

(2) Publish a report of its activities on or before the first	672
day of August of each year, and deliver copies of the report to	673
the governor, the speaker and minority leader of the house of	674
representatives, and the president and minority leader of the	675
senate.	676

(F) No member of the board or organization that the member is	677
affiliated or involved with is eligible to receive any grant that	678
the office administers or assists in administering.	679

Sec. 107.40. (A) There is hereby created the governor's	680
residence advisory commission. The commission shall provide for	681
the preservation, restoration, acquisition, and conservation of	682
all decorations, objects of art, chandeliers, china, silver,	683
statues, paintings, furnishings, accouterments, and other	684
aesthetic materials that have been acquired, donated, loaned, or	685
otherwise obtained by the state for the governor's residence and	686
that have been approved by the commission. In addition, the	687
commission shall provide for the maintenance of plants that have	688
been acquired, donated, loaned, or otherwise obtained by the state	689
for the governor's residence and that have been approved by the	690
commission.	691

(B) The commission shall be responsible for the care,	692
provision, repair, and placement of furnishings and other objects	693
and accessories of the grounds and public areas of the first story	694
of the governor's residence and for the care and placement of	695
plants on the grounds. In exercising this responsibility, the	696
commission shall preserve and seek to further establish all of the	697
following:	698

(1) The authentic ambiance and decor of the historic era	699
during which the governor's residence was constructed;	700

(2) The grounds as a representation of Ohio's natural	701
ecosystems;	702

(3) The heritage garden for all of the following purposes:

703

(a) To preserve, sustain, and encourage the use of native	704
flora throughout the state;	705

(b) To replicate the state's physiographic regions, plant	706
communities, and natural landscapes;	707

(c) To serve as an educational garden that demonstrates the	708
artistic, industrial, political, horticultural, and geologic	709
history of the state through the use of plants;	710

(d) To serve as a reservoir of rare species of plants from	711
the physiographic regions of the state.	712

These duties shall not affect the obligation of the	713
department of administrative services to provide for ~~the~~and adopt	714
policies and procedures regarding the use, general maintenance,	715
and operating expenses of the governor's residence.	716

(C) The commission shall consist of eleven members. One	717
member shall be the director of administrative services or the	718
director's designee, who shall serve during the director's term of	719
office and shall serve as chairperson. One member shall be the	720
director of the Ohio historical society or the director's	721
designee, who shall serve during the director's term of office and	722
shall serve as vice-chairperson. One member shall represent the	723
Columbus landmarks foundation. One member shall represent the	724
Bexley historical society. One member shall be the mayor of the	725
city of Bexley, who shall serve during the mayor's term of office.	726
One member shall be the chief executive officer of the Franklin	727
park conservatory joint recreation district, who shall serve	728
during the term of employment as chief executive officer. The	729
remaining five members shall be appointed by the governor with the	730
advice and consent of the senate. The five members appointed by	731
the governor shall be persons with knowledge of Ohio history,	732
architecture, decorative arts, or historic preservation, and one	733
of those members shall have knowledge of landscape architecture,	734
garden design, horticulture, and plants native to this state.	735

(D) Of the initial appointees, the representative of the	736
Columbus landmarks foundation shall serve for a term expiring	737
December 31, 1996, and the representative of the Bexley historical	738
society shall serve for a term expiring December 31, 1997. Of the	739
five members appointed by the governor, three shall serve for	740
terms ending December 31, 1998, and two shall serve for terms	741
ending December 31, 1999. Thereafter, each term shall be for four	742
years, commencing on the first day of January and ending on the	743
last day of December. The member having knowledge of landscape	744
architecture, garden design, horticulture, and plants native to	745
this state initially shall be appointed upon the first vacancy on	746
the commission occurring on or after June 30, 2006.	747

Each member shall hold office from the date of the member's	748
appointment until the end of the term for which the member was	749
appointed. Any member appointed to fill a vacancy occurring prior	750
to the end of the term for which the member's predecessor was	751
appointed shall hold office for the remainder of the term. Any	752
member shall continue in office subsequent to the expiration of	753
the term until the member's successor takes office.	754

(E) Six members of the commission constitute a quorum, and	755
the affirmative vote of six members is required for approval of	756
any action by the commission.	757

(F) After each initial member of the commission has been	758
appointed, the commission shall meet and select one member as	759
secretary and another as treasurer. Organizational meetings of the	760
commission shall be held at the time and place designated by call	761
of the chairperson. Meetings of the commission may be held	762
anywhere in the state and shall be in compliance with Chapters	763
121. and 149. of the Revised Code. The commission may adopt,	764
pursuant to section 111.15 of the Revised Code, rules necessary to	765
carry out the purposes of this section.	766

(G) Members of the commission shall serve without	767
remuneration, but shall be compensated for actual and necessary	768
expenses incurred in the performance of their official duties.	769

(H) All expenses incurred in carrying out this section are	770
payable solely from money accrued under this section or	771
appropriated for these purposes by the general assembly, and the	772
commission shall incur no liability or obligation beyond such	773
money.	774

(I) ~~The~~Except as otherwise provided in this division, the	775
commission may accept any payment for the use of the governor's	776
residence or may accept any donation, gift, bequest, or devise for	777
the governor's residence or as an endowment for the maintenance	778
and care of the garden on the grounds of the governor's residence	779
in furtherance of its duties. The commission shall not accept any	780
donation, gift, bequest, or devise from a person, individual, or	781
member of an individual's immediate family if the person or	782
individual is receiving payments under a contract with the state	783
or a state agency for the purchase of supplies, services, or	784
equipment or for the construction, reconstruction, improvement,	785
enlargement, alteration, repair, painting, or decoration of a	786
public improvement, except for payments received under an	787
employment contract or a collective bargaining agreement. Any	788
revenue received by the commission shall be deposited into the	789
governor's residence fund, which is hereby established in the	790
state treasury, for use by the commission in accordance with the	791
performance of its duties. All investment earnings of the fund	792
shall be credited to the fund. Title to all property acquired by	793
the commission shall be taken in the name of the state and shall	794
be held for the use and benefit of the commission.	795

(J) Nothing in this section limits the ability of a person or	796
other entity to purchase decorations, objects of art, chandeliers,	797
china, silver, statues, paintings, furnishings, accouterments,	798
plants, or other aesthetic materials for placement in the	799
governor's residence or on the grounds of the governor's residence	800
or donation to the commission. No such object or plant, however,	801
shall be placed on the grounds or public areas of the first story	802
of the governor's residence without the consent of the commission.	803

(K) The heritage garden established under this section shall	804
be officially known as "the heritage garden at the Ohio governor's	805
residence."	806

(L) As used in this section, "heritage garden" means the	807
botanical garden of native plants established at the governor's	808
residence.	809

Sec. 109.521. There is hereby created in the state treasury	810
the bureau of criminal identification and investigation asset	811
forfeiture and cost reimbursement fund. All amounts awarded to the	812
bureau of criminal identification and investigation as a result of	813
shared federal asset forfeiture and state and local moneys	814
designated as restitution for reimbursement of the costs of	815
investigations shall be deposited into this fund. The moneys in	816
this fund shall be used in accordance with federal asset	817
forfeiture rules, regulations, and laws. Interest earned on the	818
money in this fund shall be credited to the fund.	819

Sec. 109.57. (A)(1) The superintendent of the bureau of	820
criminal identification and investigation shall procure from	821
wherever procurable and file for record photographs, pictures,	822
descriptions, fingerprints, measurements, and other information	823
that may be pertinent of all persons who have been convicted of	824
committing within this state a felony, any crime constituting a	825
misdemeanor on the first offense and a felony on subsequent	826
offenses, or any misdemeanor described in division (A)(1)(a) or	827
(A)(10)(a) of section 109.572 of the Revised Code, of all children	828
under eighteen years of age who have been adjudicated delinquent	829
children for committing within this state an act that would be a	830
felony or an offense of violence if committed by an adult or who	831
have been convicted of or pleaded guilty to committing within this	832
state a felony or an offense of violence, and of all well-known	833
and habitual criminals. The person in charge of any county,	834
multicounty, municipal, municipal-county, or multicounty-municipal	835
jail or workhouse, community-based correctional facility, halfway	836
house, alternative residential facility, or state correctional	837
institution and the person in charge of any state institution	838
having custody of a person suspected of having committed a felony,	839
any crime constituting a misdemeanor on the first offense and a	840
felony on subsequent offenses, or any misdemeanor described in	841
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	842
Code or having custody of a child under eighteen years of age with	843
respect to whom there is probable cause to believe that the child	844
may have committed an act that would be a felony or an offense of	845
violence if committed by an adult shall furnish such material to	846
the superintendent of the bureau. Fingerprints, photographs, or	847
other descriptive information of a child who is under eighteen	848
years of age, has not been arrested or otherwise taken into	849
custody for committing an act that would be a felony or an offense	850
of violence if committed by an adult, has not been adjudicated a	851
delinquent child for committing an act that would be a felony or	852
an offense of violence if committed by an adult, has not been	853
convicted of or pleaded guilty to committing a felony or an	854
offense of violence, and is not a child with respect to whom there	855
is probable cause to believe that the child may have committed an	856
act that would be a felony or an offense of violence if committed	857
by an adult shall not be procured by the superintendent or	858
furnished by any person in charge of any county, multicounty,	859
municipal, municipal-county, or multicounty-municipal jail or	860
workhouse, community-based correctional facility, halfway house,	861
alternative residential facility, or state correctional	862
institution, except as authorized in section 2151.313 of the	863
Revised Code.	864

(2) Every clerk of a court of record in this state, other	865
than the supreme court or a court of appeals, shall send to the	866
superintendent of the bureau a weekly report containing a summary	867
of each case involving a felony, involving any crime constituting	868
a misdemeanor on the first offense and a felony on subsequent	869
offenses, involving a misdemeanor described in division (A)(1)(a)	870
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	871
an adjudication in a case in which a child under eighteen years of	872
age was alleged to be a delinquent child for committing an act	873
that would be a felony or an offense of violence if committed by	874
an adult. The clerk of the court of common pleas shall include in	875
the report and summary the clerk sends under this division all	876
information described in divisions (A)(2)(a) to (f) of this	877
section regarding a case before the court of appeals that is	878
served by that clerk. The summary shall be written on the standard	879
forms furnished by the superintendent pursuant to division (B) of	880
this section and shall include the following information:	881

(a) The incident tracking number contained on the standard	882
forms furnished by the superintendent pursuant to division (B) of	883
this section;	884

(b) The style and number of the case;

885

886

(d) The date that the person was convicted of or pleaded	887
guilty to the offense, adjudicated a delinquent child for	888
committing the act that would be a felony or an offense of	889
violence if committed by an adult, found not guilty of the	890
offense, or found not to be a delinquent child for committing an	891
act that would be a felony or an offense of violence if committed	892
by an adult, the date of an entry dismissing the charge, an entry	893
declaring a mistrial of the offense in which the person is	894
discharged, an entry finding that the person or child is not	895
competent to stand trial, or an entry of a nolle prosequi, or the	896
date of any other determination that constitutes final resolution	897
of the case;	898

(e) A statement of the original charge with the section of	899
the Revised Code that was alleged to be violated;	900

(f) If the person or child was convicted, pleaded guilty, or	901
was adjudicated a delinquent child, the sentence or terms of	902
probation imposed or any other disposition of the offender or the	903
delinquent child.	904

If the offense involved the disarming of a law enforcement	905
officer or an attempt to disarm a law enforcement officer, the	906
clerk shall clearly state that fact in the summary, and the	907
superintendent shall ensure that a clear statement of that fact is	908
placed in the bureau's records.	909

(3) The superintendent shall cooperate with and assist	910
sheriffs, chiefs of police, and other law enforcement officers in	911
the establishment of a complete system of criminal identification	912
and in obtaining fingerprints and other means of identification of	913
all persons arrested on a charge of a felony, any crime	914
constituting a misdemeanor on the first offense and a felony on	915
subsequent offenses, or a misdemeanor described in division	916
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	917
of all children under eighteen years of age arrested or otherwise	918
taken into custody for committing an act that would be a felony or	919
an offense of violence if committed by an adult. The	920
superintendent also shall file for record the fingerprint	921
impressions of all persons confined in a county, multicounty,	922
municipal, municipal-county, or multicounty-municipal jail or	923
workhouse, community-based correctional facility, halfway house,	924
alternative residential facility, or state correctional	925
institution for the violation of state laws and of all children	926
under eighteen years of age who are confined in a county,	927
multicounty, municipal, municipal-county, or multicounty-municipal	928
jail or workhouse, community-based correctional facility, halfway	929
house, alternative residential facility, or state correctional	930
institution or in any facility for delinquent children for	931
committing an act that would be a felony or an offense of violence	932
if committed by an adult, and any other information that the	933
superintendent may receive from law enforcement officials of the	934
state and its political subdivisions.	935

(4) The superintendent shall carry out Chapter 2950. of the	936
Revised Code with respect to the registration of persons who are	937
convicted of or plead guilty to either a sexually oriented offense	938
that is not a registration-exempt sexually oriented offense or a	939
child-victim oriented offense and with respect to all other duties	940
imposed on the bureau under that chapter.	941

(5) The bureau shall perform centralized recordkeeping	942
functions for criminal history records and services in this state	943
for purposes of the national crime prevention and privacy compact	944
set forth in section 109.571 of the Revised Code and is the	945
criminal history record repository as defined in that section for	946
purposes of that compact. The superintendent or the	947
superintendent's designee is the compact officer for purposes of	948
that compact and shall carry out the responsibilities of the	949
compact officer specified in that compact.	950

(B) The superintendent shall prepare and furnish to every	951
county, multicounty, municipal, municipal-county, or	952
multicounty-municipal jail or workhouse, community-based	953
correctional facility, halfway house, alternative residential	954
facility, or state correctional institution and to every clerk of	955
a court in this state specified in division (A)(2) of this section	956
standard forms for reporting the information required under	957
division (A) of this section. The standard forms that the	958
superintendent prepares pursuant to this division may be in a	959
tangible format, in an electronic format, or in both tangible	960
formats and electronic formats.	961

(C) The superintendent may operate a center for electronic,	962
automated, or other data processing for the storage and retrieval	963
of information, data, and statistics pertaining to criminals and	964
to children under eighteen years of age who are adjudicated	965
delinquent children for committing an act that would be a felony	966
or an offense of violence if committed by an adult, criminal	967
activity, crime prevention, law enforcement, and criminal justice,	968
and may establish and operate a statewide communications network	969
to gather and disseminate information, data, and statistics for	970
the use of law enforcement agencies. The superintendent may	971
gather, store, retrieve, and disseminate information, data, and	972
statistics that pertain to children who are under eighteen years	973
of age and that are gathered pursuant to sections 109.57 to 109.61	974
of the Revised Code together with information, data, and	975
statistics that pertain to adults and that are gathered pursuant	976
to those sections. In addition to any other authorized use of	977
information, data, and statistics of that nature, the	978
superintendent or the superintendent's designee may provide and	979
exchange the information, data, and statistics pursuant to the	980
national crime prevention and privacy compact as described in	981
division (A)(5) of this section.	982

(D) The information and materials furnished to the	983
superintendent pursuant to division (A) of this section and	984
information and materials furnished to any board or person under	985
division (F) or (G) of this section are not public records under	986
section 149.43 of the Revised Code.	987

(E) The attorney general shall adopt rules, in accordance	988
with Chapter 119. of the Revised Code, setting forth the procedure	989
by which a person may receive or release information gathered by	990
the superintendent pursuant to division (A) of this section. A	991
reasonable fee may be charged for this service. If a temporary	992
employment service submits a request for a determination of	993
whether a person the service plans to refer to an employment	994
position has been convicted of or pleaded guilty to an offense	995
listed in division (A)(1), (3), (4), (5), or (6) of section	996
109.572 of the Revised Code, the request shall be treated as a	997
single request and only one fee shall be charged.	998

(F)(1) As used in division (F)(2) of this section, "head	999
start agency" means an entity in this state that has been approved	1000
to be an agency for purposes of subchapter II of the "Community	1001
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1002
as amended.	1003

(2)(a) In addition to or in conjunction with any request that	1004
is required to be made under section 109.572, 2151.86, 3301.32, or	1005
3301.541, division (C) of section 3310.58, or section 3319.39,	1006
3701.881, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	1007
5153.111 of the Revised Code, the board of education of any school	1008
district; the director of mental retardation and developmental	1009
disabilities; any county board of mental retardation and	1010
developmental disabilities; any entity under contract with a	1011
county board of mental retardation and developmental disabilities;	1012
the chief administrator of any chartered nonpublic school; the	1013
chief administrator of a registered private provider that is not	1014
also a chartered nonpublic school; the chief administrator of any	1015
home health agency; the chief administrator of or person operating	1016
any child day-care center, type A family day-care home, or type B	1017
family day-care home licensed or certified under Chapter 5104. of	1018
the Revised Code; the administrator of any type C family day-care	1019
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1020
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1021
general assembly; the chief administrator of any head start	1022
agency; or the executive director of a public children services	1023
agency may request that the superintendent of the bureau	1024
investigate and determine, with respect to any individual who has	1025
applied for employment in any position after October 2, 1989, or	1026
any individual wishing to apply for employment with a board of	1027
education may request, with regard to the individual, whether the	1028
bureau has any information gathered under division (A) of this	1029
section that pertains to that individual. On receipt of the	1030
request, the superintendent shall determine whether that	1031
information exists and, upon request of the person, board, or	1032
entity requesting information, also shall request from the federal	1033
bureau of investigation any criminal records it has pertaining to	1034
that individual. The superintendent or the superintendent's	1035
designee also may request criminal history records from other	1036
states or the federal government pursuant to the national crime	1037
prevention and privacy compact set forth in section 109.571 of the	1038
Revised Code. Within thirty days of the date that the	1039
superintendent receives a request, the superintendent shall send	1040
to the board, entity, or person a report of any information that	1041
the superintendent determines exists, including information	1042
contained in records that have been sealed under section 2953.32	1043
of the Revised Code, and, within thirty days of its receipt, shall	1044
send the board, entity, or person a report of any information	1045
received from the federal bureau of investigation, other than	1046
information the dissemination of which is prohibited by federal	1047
law.	1048

(b) When a board of education or a registered private	1049
provider is required to receive information under this section as	1050
a prerequisite to employment of an individual pursuant to division	1051
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	1052
may accept a certified copy of records that were issued by the	1053
bureau of criminal identification and investigation and that are	1054
presented by an individual applying for employment with the	1055
district in lieu of requesting that information itself. In such a	1056
case, the board or provider shall accept the certified copy issued	1057
by the bureau in order to make a photocopy of it for that	1058
individual's employment application documents and shall return the	1059
certified copy to the individual. In a case of that nature, a	1060
district or provider only shall accept a certified copy of records	1061
of that nature within one year after the date of their issuance by	1062
the bureau.	1063

(3) The state board of education may request, with respect to	1064
any individual who has applied for employment after October 2,	1065
1989, in any position with the state board or the department of	1066
education, any information that a school district board of	1067
education is authorized to request under division (F)(2) of this	1068
section, and the superintendent of the bureau shall proceed as if	1069
the request has been received from a school district board of	1070
education under division (F)(2) of this section.	1071

(4) When the superintendent of the bureau receives a request	1072
for information under section 3319.291 of the Revised Code, the	1073
superintendent shall proceed as if the request has been received	1074
from a school district board of education under division (F)(2) of	1075
this section.	1076

(5) When a recipient of a classroom reading improvement grant	1077
paid under section 3301.86 of the Revised Code requests, with	1078
respect to any individual who applies to participate in providing	1079
any program or service funded in whole or in part by the grant,	1080
the information that a school district board of education is	1081
authorized to request under division (F)(2)(a) of this section,	1082
the superintendent of the bureau shall proceed as if the request	1083
has been received from a school district board of education under	1084
division (F)(2)(a) of this section.	1085

(G) In addition to or in conjunction with any request that is	1086
required to be made under section 3701.881, 3712.09, 3721.121, or	1087
3722.151 of the Revised Code with respect to an individual who has	1088
applied for employment in a position that involves providing	1089
direct care to an older adult, the chief administrator of a home	1090
health agency, hospice care program, home licensed under Chapter	1091
3721. of the Revised Code, adult day-care program operated	1092
pursuant to rules adopted under section 3721.04 of the Revised	1093
Code, or adult care facility may request that the superintendent	1094
of the bureau investigate and determine, with respect to any	1095
individual who has applied after January 27, 1997, for employment	1096
in a position that does not involve providing direct care to an	1097
older adult, whether the bureau has any information gathered under	1098
division (A) of this section that pertains to that individual.	1099

In addition to or in conjunction with any request that is	1100
required to be made under section 173.27 of the Revised Code with	1101
respect to an individual who has applied for employment in a	1102
position that involves providing ombudsperson services to	1103
residents of long-term care facilities or recipients of	1104
community-based long-term care services, the state long-term care	1105
ombudsperson, ombudsperson's designee, or director of health may	1106
request that the superintendent investigate and determine, with	1107
respect to any individual who has applied for employment in a	1108
position that does not involve providing such ombudsperson	1109
services, whether the bureau has any information gathered under	1110
division (A) of this section that pertains to that applicant.	1111

In addition to or in conjunction with any request that is	1112
required to be made under section 173.394 of the Revised Code with	1113
respect to an individual who has applied for employment in a	1114
position that involves providing direct care to an individual, the	1115
chief administrator of a community-based long-term care agency may	1116
request that the superintendent investigate and determine, with	1117
respect to any individual who has applied for employment in a	1118
position that does not involve providing direct care, whether the	1119
bureau has any information gathered under division (A) of this	1120
section that pertains to that applicant.	1121

On receipt of a request under this division, the	1122
superintendent shall determine whether that information exists	1123
and, on request of the individual requesting information, shall	1124
also request from the federal bureau of investigation any criminal	1125
records it has pertaining to the applicant. The superintendent or	1126
the superintendent's designee also may request criminal history	1127
records from other states or the federal government pursuant to	1128
the national crime prevention and privacy compact set forth in	1129
section 109.571 of the Revised Code. Within thirty days of the	1130
date a request is received, the superintendent shall send to the	1131
requester a report of any information determined to exist,	1132
including information contained in records that have been sealed	1133
under section 2953.32 of the Revised Code, and, within thirty days	1134
of its receipt, shall send the requester a report of any	1135
information received from the federal bureau of investigation,	1136
other than information the dissemination of which is prohibited by	1137
federal law.	1138

(H) Information obtained by a government entity or person	1139
under this section is confidential and shall not be released or	1140
disseminated.	1141

(I) The superintendent may charge a reasonable fee for	1142
providing information or criminal records under division (F)(2) or	1143
(G) of this section.	1144

(J) As used in this section, "registered private provider"	1145
means a nonpublic school or entity registered with the	1146
superintendent of public instruction under section 3310.41 of the	1147
Revised Code to participate in the autism scholarship program or	1148
section 3310.58 of the Revised Code to participate in the special	1149
education scholarship pilot program.	1150

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1151
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	1152
of the Revised Code, a completed form prescribed pursuant to	1153
division (C)(1) of this section, and a set of fingerprint	1154
impressions obtained in the manner described in division (C)(2) of	1155
this section, the superintendent of the bureau of criminal	1156
identification and investigation shall conduct a criminal records	1157
check in the manner described in division (B) of this section to	1158
determine whether any information exists that indicates that the	1159
person who is the subject of the request previously has been	1160
convicted of or pleaded guilty to any of the following:	1161

(a) A violation of section 2903.01, 2903.02, 2903.03,	1162
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1163
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1164
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1165
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1166
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1167
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1168
2925.06, or 3716.11 of the Revised Code, felonious sexual	1169
penetration in violation of former section 2907.12 of the Revised	1170
Code, a violation of section 2905.04 of the Revised Code as it	1171
existed prior to July 1, 1996, a violation of section 2919.23 of	1172
the Revised Code that would have been a violation of section	1173
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1174
had the violation been committed prior to that date, or a	1175
violation of section 2925.11 of the Revised Code that is not a	1176
minor drug possession offense;	1177

(b) A violation of an existing or former law of this state,	1178
any other state, or the United States that is substantially	1179
equivalent to any of the offenses listed in division (A)(1)(a) of	1180
this section.	1181

(2) On receipt of a request pursuant to section 5123.081 of	1182
the Revised Code with respect to an applicant for employment in	1183
any position with the department of mental retardation and	1184
developmental disabilities, pursuant to section 5126.28 of the	1185
Revised Code with respect to an applicant for employment in any	1186
position with a county board of mental retardation and	1187
developmental disabilities, or pursuant to section 5126.281 of the	1188
Revised Code with respect to an applicant for employment in a	1189
direct services position with an entity contracting with a county	1190
board for employment, a completed form prescribed pursuant to	1191
division (C)(1) of this section, and a set of fingerprint	1192
impressions obtained in the manner described in division (C)(2) of	1193
this section, the superintendent of the bureau of criminal	1194
identification and investigation shall conduct a criminal records	1195
check. The superintendent shall conduct the criminal records check	1196
in the manner described in division (B) of this section to	1197
determine whether any information exists that indicates that the	1198
person who is the subject of the request has been convicted of or	1199
pleaded guilty to any of the following:	1200

(a) A violation of section 2903.01, 2903.02, 2903.03,	1201
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1202
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	1203
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	1204
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1205
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	1206
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	1207
2925.03, or 3716.11 of the Revised Code;	1208

(b) An existing or former municipal ordinance or law of this	1209
state, any other state, or the United States that is substantially	1210
equivalent to any of the offenses listed in division (A)(2)(a) of	1211
this section.	1212

(3) On receipt of a request pursuant to section 173.27,	1213
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	1214
completed form prescribed pursuant to division (C)(1) of this	1215
section, and a set of fingerprint impressions obtained in the	1216
manner described in division (C)(2) of this section, the	1217
superintendent of the bureau of criminal identification and	1218
investigation shall conduct a criminal records check with respect	1219
to any person who has applied for employment in a position for	1220
which a criminal records check is required by those sections. The	1221
superintendent shall conduct the criminal records check in the	1222
manner described in division (B) of this section to determine	1223
whether any information exists that indicates that the person who	1224
is the subject of the request previously has been convicted of or	1225
pleaded guilty to any of the following:	1226

(a) A violation of section 2903.01, 2903.02, 2903.03,	1227
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1228
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1229
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1230
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1231
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1232
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1233
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1234
2925.22, 2925.23, or 3716.11 of the Revised Code;	1235

(b) An existing or former law of this state, any other state,	1236
or the United States that is substantially equivalent to any of	1237
the offenses listed in division (A)(3)(a) of this section.	1238

(4) On receipt of a request pursuant to section 3701.881 of	1239
the Revised Code with respect to an applicant for employment with	1240
a home health agency as a person responsible for the care,	1241
custody, or control of a child, a completed form prescribed	1242
pursuant to division (C)(1) of this section, and a set of	1243
fingerprint impressions obtained in the manner described in	1244
division (C)(2) of this section, the superintendent of the bureau	1245
of criminal identification and investigation shall conduct a	1246
criminal records check. The superintendent shall conduct the	1247
criminal records check in the manner described in division (B) of	1248
this section to determine whether any information exists that	1249
indicates that the person who is the subject of the request	1250
previously has been convicted of or pleaded guilty to any of the	1251
following:	1252

(a) A violation of section 2903.01, 2903.02, 2903.03,	1253
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1254
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1255
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1256
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1257
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1258
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1259
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	1260
violation of section 2925.11 of the Revised Code that is not a	1261
minor drug possession offense;	1262

(b) An existing or former law of this state, any other state,	1263
or the United States that is substantially equivalent to any of	1264
the offenses listed in division (A)(4)(a) of this section.	1265

(5) On receipt of a request pursuant to section ~~5111.95 or~~	1266
~~5111.96~~5111.032, 5111.033, or 5111.034 of the Revised Code ~~with~~	1267
~~respect to an applicant for employment with a waiver agency~~	1268
~~participating in a department of job and family services~~	1269
~~administered home and community-based waiver program or an~~	1270
~~independent provider participating in a department administered~~	1271
~~home and community-based waiver program in a position that~~	1272
~~involves providing home and community-based waiver services to~~	1273
~~consumers with disabilities~~, a completed form prescribed pursuant	1274
to division (C)(1) of this section, and a set of fingerprint	1275
impressions obtained in the manner described in division (C)(2) of	1276
this section, the superintendent of the bureau of criminal	1277
identification and investigation shall conduct a criminal records	1278
check. The superintendent shall conduct the criminal records check	1279
in the manner described in division (B) of this section to	1280
determine whether any information exists that indicates that the	1281
person who is the subject of the request previously has been	1282
convicted of or, has pleaded guilty to, or has been found eligible	1283
for intervention in lieu of conviction for any of the following:	1284

(a) A violation of section 2903.01, 2903.02, 2903.03,	1285
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1286
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	1287
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1288
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	1289
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	1290
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	1291
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	1292
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	1293
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	1294
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	1295
3716.11 of the Revised Code, felonious sexual penetration in	1296
violation of former section 2907.12 of the Revised Code, a	1297
violation of section 2905.04 of the Revised Code as it existed	1298
prior to July 1, 1996, a violation of section 2919.23 of the	1299
Revised Code that would have been a violation of section 2905.04	1300
of the Revised Code as it existed prior to July 1, 1996, had the	1301
violation been committed prior to that date;	1302

(b) An existing or former law of this state, any other state,	1303
or the United States that is substantially equivalent to any of	1304
the offenses listed in division (A)(5)(a) of this section.	1305

(6) On receipt of a request pursuant to section 3701.881 of	1306
the Revised Code with respect to an applicant for employment with	1307
a home health agency in a position that involves providing direct	1308
care to an older adult, a completed form prescribed pursuant to	1309
division (C)(1) of this section, and a set of fingerprint	1310
impressions obtained in the manner described in division (C)(2) of	1311
this section, the superintendent of the bureau of criminal	1312
identification and investigation shall conduct a criminal records	1313
check. The superintendent shall conduct the criminal records check	1314
in the manner described in division (B) of this section to	1315
determine whether any information exists that indicates that the	1316
person who is the subject of the request previously has been	1317
convicted of or pleaded guilty to any of the following:	1318

(a) A violation of section 2903.01, 2903.02, 2903.03,	1319
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1320
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1321
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1322
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1323
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1324
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1325
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1326
2925.22, 2925.23, or 3716.11 of the Revised Code;	1327

(b) An existing or former law of this state, any other state,	1328
or the United States that is substantially equivalent to any of	1329
the offenses listed in division (A)(6)(a) of this section.	1330

(7) When conducting a criminal records check upon a request	1331
pursuant to section 3319.39 of the Revised Code for an applicant	1332
who is a teacher, in addition to the determination made under	1333
division (A)(1) of this section, the superintendent shall	1334
determine whether any information exists that indicates that the	1335
person who is the subject of the request previously has been	1336
convicted of or pleaded guilty to any offense specified in section	1337
3319.31 of the Revised Code.	1338

(8) On a request pursuant to section 2151.86 of the Revised	1339
Code, a completed form prescribed pursuant to division (C)(1) of	1340
this section, and a set of fingerprint impressions obtained in the	1341
manner described in division (C)(2) of this section, the	1342
superintendent of the bureau of criminal identification and	1343
investigation shall conduct a criminal records check in the manner	1344
described in division (B) of this section to determine whether any	1345
information exists that indicates that the person who is the	1346
subject of the request previously has been convicted of or pleaded	1347
guilty to any of the following:	1348

(a) A violation of section 2903.01, 2903.02, 2903.03,	1349
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1350
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1351
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1352
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1353
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1354
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1355
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	1356
violation of section 2905.04 of the Revised Code as it existed	1357
prior to July 1, 1996, a violation of section 2919.23 of the	1358
Revised Code that would have been a violation of section 2905.04	1359
of the Revised Code as it existed prior to July 1, 1996, had the	1360
violation been committed prior to that date, a violation of	1361
section 2925.11 of the Revised Code that is not a minor drug	1362
possession offense, or felonious sexual penetration in violation	1363
of former section 2907.12 of the Revised Code;	1364

(b) A violation of an existing or former law of this state,	1365
any other state, or the United States that is substantially	1366
equivalent to any of the offenses listed in division (A)(8)(a) of	1367
this section.	1368

(9) When conducting a criminal records check on a request	1369
pursuant to section 5104.013 of the Revised Code for a person who	1370
is an owner, licensee, or administrator of a child day-care center	1371
or type A family day-care home, an authorized provider of a	1372
certified type B family day-care home, or an adult residing in a	1373
type A or certified type B home, or when conducting a criminal	1374
records check or a request pursuant to section 5104.012 of the	1375
Revised Code for a person who is an applicant for employment in a	1376
center, type A home, or certified type B home, the superintendent,	1377
in addition to the determination made under division (A)(1) of	1378
this section, shall determine whether any information exists that	1379
indicates that the person has been convicted of or pleaded guilty	1380
to any of the following:	1381

(a) A violation of section 2913.02, 2913.03, 2913.04,	1382
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1383
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1384
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	1385
2921.13, or 2923.01 of the Revised Code, a violation of section	1386
2923.02 or 2923.03 of the Revised Code that relates to a crime	1387
specified in this division or division (A)(1)(a) of this section,	1388
or a second violation of section 4511.19 of the Revised Code	1389
within five years of the date of application for licensure or	1390
certification.	1391

(b) A violation of an existing or former law of this state,	1392
any other state, or the United States that is substantially	1393
equivalent to any of the offenses or violations described in	1394
division (A)(9)(a) of this section.	1395

(10) Upon receipt of a request pursuant to section 5153.111	1396
of the Revised Code, a completed form prescribed pursuant to	1397
division (C)(1) of this section, and a set of fingerprint	1398
impressions obtained in the manner described in division (C)(2) of	1399
this section, the superintendent of the bureau of criminal	1400
identification and investigation shall conduct a criminal records	1401
check in the manner described in division (B) of this section to	1402
determine whether any information exists that indicates that the	1403
person who is the subject of the request previously has been	1404
convicted of or pleaded guilty to any of the following:	1405

(a) A violation of section 2903.01, 2903.02, 2903.03,	1406
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1407
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1408
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1409
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1410
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1411
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1412
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1413
felonious sexual penetration in violation of former section	1414
2907.12 of the Revised Code, a violation of section 2905.04 of the	1415
Revised Code as it existed prior to July 1, 1996, a violation of	1416
section 2919.23 of the Revised Code that would have been a	1417
violation of section 2905.04 of the Revised Code as it existed	1418
prior to July 1, 1996, had the violation been committed prior to	1419
that date, or a violation of section 2925.11 of the Revised Code	1420
that is not a minor drug possession offense;	1421

(b) A violation of an existing or former law of this state,	1422
any other state, or the United States that is substantially	1423
equivalent to any of the offenses listed in division (A)(10)(a) of	1424
this section.	1425

(11) On receipt of a request for a criminal records check	1426
from an individual pursuant to section 4749.03 or 4749.06 of the	1427
Revised Code, accompanied by a completed copy of the form	1428
prescribed in division (C)(1) of this section and a set of	1429
fingerprint impressions obtained in a manner described in division	1430
(C)(2) of this section, the superintendent of the bureau of	1431
criminal identification and investigation shall conduct a criminal	1432
records check in the manner described in division (B) of this	1433
section to determine whether any information exists indicating	1434
that the person who is the subject of the request has been	1435
convicted of or pleaded guilty to a felony in this state or in any	1436
other state. If the individual indicates that a firearm will be	1437
carried in the course of business, the superintendent shall	1438
require information from the federal bureau of investigation as	1439
described in division (B)(2) of this section. The superintendent	1440
shall report the findings of the criminal records check and any	1441
information the federal bureau of investigation provides to the	1442
director of public safety.	1443

(12) On receipt of a request pursuant to section 1322.03,	1444
1322.031, or 4763.05 of the Revised Code, a completed form	1445
prescribed pursuant to division (C)(1) of this section, and a set	1446
of fingerprint impressions obtained in the manner described in	1447
division (C)(2) of this section, the superintendent of the bureau	1448
of criminal identification and investigation shall conduct a	1449
criminal records check with respect to any person who has applied	1450
for a license, permit, or certification from the department of	1451
commerce or a division in the department. The superintendent shall	1452
conduct the criminal records check in the manner described in	1453
division (B) of this section to determine whether any information	1454
exists that indicates that the person who is the subject of the	1455
request previously has been convicted of or pleaded guilty to any	1456
of the following: a violation of section 2913.02, 2913.11,	1457
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	1458
criminal offense involving theft, receiving stolen property,	1459
embezzlement, forgery, fraud, passing bad checks, money	1460
laundering, or drug trafficking, or any criminal offense involving	1461
money or securities, as set forth in Chapters 2909., 2911., 2913.,	1462
2915., 2921., 2923., and 2925. of the Revised Code; or any	1463
existing or former law of this state, any other state, or the	1464
United States that is substantially equivalent to those offenses.	1465

(13) Not later than thirty days after the date the	1466
superintendent receives the request, completed form, and	1467
fingerprint impressions, the superintendent shall send the person,	1468
board, or entity that made the request any information, other than	1469
information the dissemination of which is prohibited by federal	1470
law, the superintendent determines exists with respect to the	1471
person who is the subject of the request that indicates that the	1472
person previously has been convicted of or pleaded guilty to any	1473
offense listed or described in division (A)(1), (2), (3), (4),	1474
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	1475
appropriate. The superintendent shall send the person, board, or	1476
entity that made the request a copy of the list of offenses	1477
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	1478
(9), (10), (11), or (12) of this section, as appropriate. If the	1479
request was made under section 3701.881 of the Revised Code with	1480
regard to an applicant who may be both responsible for the care,	1481
custody, or control of a child and involved in providing direct	1482
care to an older adult, the superintendent shall provide a list of	1483
the offenses specified in divisions (A)(4) and (6) of this	1484
section.	1485

(B) The superintendent shall conduct any criminal records	1486
check requested under section 121.08, 173.27, 173.394, 1322.03,	1487
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1488
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	1489
~~5111.95, 5111.96~~5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1490
5126.281, or 5153.111 of the Revised Code as follows:	1491

(1) The superintendent shall review or cause to be reviewed	1492
any relevant information gathered and compiled by the bureau under	1493
division (A) of section 109.57 of the Revised Code that relates to	1494
the person who is the subject of the request, including any	1495
relevant information contained in records that have been sealed	1496
under section 2953.32 of the Revised Code;	1497

(2) If the request received by the superintendent asks for	1498
information from the federal bureau of investigation, the	1499
superintendent shall request from the federal bureau of	1500
investigation any information it has with respect to the person	1501
who is the subject of the request and shall review or cause to be	1502
reviewed any information the superintendent receives from that	1503
bureau.	1504

(3) The superintendent or the superintendent's designee may	1505
request criminal history records from other states or the federal	1506
government pursuant to the national crime prevention and privacy	1507
compact set forth in section 109.571 of the Revised Code.	1508

(C)(1) The superintendent shall prescribe a form to obtain	1509
the information necessary to conduct a criminal records check from	1510
any person for whom a criminal records check is required by	1511
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	1512
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1513
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~	1514
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1515
5153.111 of the Revised Code. The form that the superintendent	1516
prescribes pursuant to this division may be in a tangible format,	1517
in an electronic format, or in both tangible and electronic	1518
formats.	1519

(2) The superintendent shall prescribe standard impression	1520
sheets to obtain the fingerprint impressions of any person for	1521
whom a criminal records check is required by section 121.08,	1522
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	1523
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	1524
4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~5111.032, 5111.033,	1525
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1526
Code. Any person for whom a records check is required by any of	1527
those sections shall obtain the fingerprint impressions at a	1528
county sheriff's office, municipal police department, or any other	1529
entity with the ability to make fingerprint impressions on the	1530
standard impression sheets prescribed by the superintendent. The	1531
office, department, or entity may charge the person a reasonable	1532
fee for making the impressions. The standard impression sheets the	1533
superintendent prescribes pursuant to this division may be in a	1534
tangible format, in an electronic format, or in both tangible and	1535
electronic formats.	1536

(3) Subject to division (D) of this section, the	1537
superintendent shall prescribe and charge a reasonable fee for	1538
providing a criminal records check requested under section 121.08,	1539
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	1540
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	1541
4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~5111.032, 5111.033,	1542
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1543
Code. The person making a criminal records request under section	1544
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	1545
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,	1546
4749.06, 4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96,~~5111.033,	1547
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1548
Code shall pay the fee prescribed pursuant to this division. A	1549
person making a request under section 3701.881 of the Revised Code	1550
for a criminal records check for an applicant who may be both	1551
responsible for the care, custody, or control of a child and	1552
involved in providing direct care to an older adult shall pay one	1553
fee for the request. In the case of a request under section	1554
5111.032 of the Revised Code, the fee shall be paid in the manner	1555
specified in that section.	1556

(4) The superintendent of the bureau of criminal	1557
identification and investigation may prescribe methods of	1558
forwarding fingerprint impressions and information necessary to	1559
conduct a criminal records check, which methods shall include, but	1560
not be limited to, an electronic method.	1561

(D) A determination whether any information exists that	1562
indicates that a person previously has been convicted of or	1563
pleaded guilty to any offense listed or described in division	1564
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1565
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	1566
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	1567
section that is made by the superintendent with respect to	1568
information considered in a criminal records check in accordance	1569
with this section is valid for the person who is the subject of	1570
the criminal records check for a period of one year from the date	1571
upon which the superintendent makes the determination. During the	1572
period in which the determination in regard to a person is valid,	1573
if another request under this section is made for a criminal	1574
records check for that person, the superintendent shall provide	1575
the information that is the basis for the superintendent's	1576
initial determination at a lower fee than the fee prescribed for	1577
the initial criminal records check.	1578

(E) When the superintendent receives a request for	1579
information from a registered private provider, the superintendent	1580
shall proceed as if the request has been received from a school	1581
district board of education under section 3319.39 of the Revised	1582
Code. The superintendent shall apply division (A)(7) of this	1583
section to any such request for an applicant who is a teacher.	1584

(F) As used in this section:

1585

(1) "Criminal records check" means any criminal records check	1586
conducted by the superintendent of the bureau of criminal	1587
identification and investigation in accordance with division (B)	1588
of this section.	1589

(2) ~~"Home and community-based waiver services" and "waiver~~	1590
~~agency" have the same meanings as in section 5111.95 of the~~	1591
~~Revised Code.~~	1592

~~(3) "Independent provider" has the same meaning as in section~~	1593
~~5111.96 of the Revised Code.~~	1594

~~(4)~~ "Minor drug possession offense" has the same meaning as	1595
in section 2925.01 of the Revised Code.	1596

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

1597

(4) "Registered private provider" means a nonpublic school or	1598
entity registered with the superintendent of public instruction	1599
under section 3310.41 of the Revised Code to participate in the	1600
autism scholarship program or section 3310.58 of the Revised Code	1601
to participate in the special education scholarship pilot program.	1602

Sec. 109.93. The attorney general education fund is hereby	1603
created in the ~~custody of the treasurer of~~ state treasury. The	1604
fund shall consist of gifts and grants received by the attorney	1605
general for the purposes of the fund. The fund shall be	1606
administered by the attorney general and shall be used to support	1607
various educational programs. These educational programs may	1608
include programs for consumer protection, victims of crime,	1609
environmental protection, drug abuse, child abuse, peace officer	1610
training, crime prevention, and law. The fund may also be used to	1611
pay costs associated with the solicitation of gifts and grants for	1612
the purposes of the fund, and the costs of administering the fund.	1613
The fund shall not be used to replace money spent by local	1614
programs for similar purposes.	1615

Sec. 111.18. (A) The secretary of state shall keep a record	1616
of all fees collected by the secretary of state and, subject to	1617
division (B) of section 1309.528 of the Revised Code and except as	1618
otherwise provided in the Revised Code, shall pay them into the	1619
state treasury to the credit of the corporate and uniform	1620
commercial code filing fund created by section 1309.528 of the	1621
Revised Code.	1622

(B) The secretary of state may implement alternative payment	1623
programs that permit payment of any fee charged by the secretary	1624
of state by means other than cash, check, money order, or credit	1625
card; an alternative payment program may include, but is not	1626
limited to, one that permits a fee to be paid by electronic means	1627
of transmission. Fees paid under an alternative payment program	1628
shall be deposited to the credit of the secretary of state	1629
alternative payment program fund, which is hereby created~~. The~~	1630
~~secretary of state alternative payment program fund shall be~~ in	1631
the ~~custody of the treasurer of state but shall not be part of the~~	1632
state treasury. Any investment income of the secretary of state	1633
alternative payment program fund shall be credited to that fund	1634
and used to operate the alternative payment program. Within two	1635
working days following the deposit of funds to the credit of the	1636
secretary of state alternative payment program fund, the secretary	1637
of state shall pay those funds ~~into the state treasury~~ to the	1638
credit of the corporate and uniform commercial code filing fund,	1639
subject to division (B) of section 1309.401 of the Revised Code	1640
and except as otherwise provided in the Revised Code.	1641

The secretary of state shall adopt rules necessary to carry	1642
out the purposes of this division.	1643

Sec. 117.11. (A) Except as otherwise provided in this	1644
division and in sections 117.112 and 117.113 of the Revised Code,	1645
the auditor of state shall audit each public office at least once	1646
every two fiscal years. The auditor of state shall audit a public	1647
office each fiscal year if that public office is required to be	1648
audited on an annual basis pursuant to "The Single Audit Act of	1649
1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et seq., as amended. In	1650
the annual or biennial audit, inquiry shall be made into the	1651
methods, accuracy, and legality of the accounts, financial	1652
reports, records, files, and reports of the office, whether the	1653
laws, rules, ordinances, and orders pertaining to the office have	1654
been observed, and whether the requirements and rules of the	1655
auditor of state have been complied with. Except as otherwise	1656
provided in this division or where auditing standards or	1657
procedures dictate otherwise, each audit shall cover at least one	1658
fiscal year. If a public office is audited only once every two	1659
fiscal years, the audit shall cover both fiscal years.	1660

(B) In addition to the annual or biennial audit provided for	1661
in division (A) of this section, the auditor of state may conduct	1662
an audit of a public office at any time when so requested by the	1663
public office or upon the auditor of state's own initiative if the	1664
auditor of state has reasonable cause to believe that an	1665
additional audit is in the public interest.	1666

(C)(1) The auditor of state shall identify any public office	1667
in which the auditor of state will be unable to conduct an audit	1668
at least once every two fiscal years as required by division (A)	1669
of this section and shall provide immediate written notice to the	1670
clerk of the legislative authority or governing board of the	1671
public office so identified. Within six months of the receipt of	1672
such notice, the legislative authority or governing board may	1673
engage an independent certified public accountant to conduct an	1674
audit pursuant to section 117.12 of the Revised Code.	1675

(2) When the chief fiscal officer of a public office notifies	1676
the auditor of state that an audit is required at a time prior to	1677
the next regularly scheduled audit by the auditor of state, the	1678
auditor of state shall either cause an earlier audit to be made by	1679
the auditor of state or authorize the legislative authority or	1680
governing board of the public office to engage an independent	1681
certified public accountant to conduct the required audit. The	1682
scope of the audit shall be as authorized by the auditor of state.	1683

(3) The auditor of state shall approve the scope of an audit	1684
under division (C)(1) or (2) of this section as set forth in the	1685
contract for the proposed audit before the contract is executed on	1686
behalf of the public office that is to be audited. The independent	1687
accountant conducting an audit under division (C)(1) or (2) of	1688
this section shall be paid by the public office.	1689

(D) If a uniform accounting network is established under	1690
section 117.101 of the Revised Code, the auditor of state or a	1691
certified public accountant employed pursuant to this section or	1692
section 115.56 or 117.112 of the Revised Code shall, to the extent	1693
practicable, utilize services offered by the network in order to	1694
conduct efficient and economical audits of public offices.	1695

(E) The auditor of state shall, in accordance with division	1696
(A)(3) of section 9.65 of the Revised Code and this section, audit	1697
an annuity program for volunteer fire fighters established by a	1698
political subdivision under section 9.65 of the Revised Code. As	1699
used in this section, "volunteer fire fighters" and "political	1700
subdivision" have the same meanings as in division (C) of section	1701
9.65 of the Revised Code.	1702

Sec. 117.112. The auditor of state shall audit the buckeye	1703
tobacco settlement financing authority each fiscal year in	1704
accordance with this chapter. The auditor may engage an	1705
independent certified public accountant to conduct the audit.	1706

Sec. 117.113. The auditor of state shall audit each science,	1707
technology, engineering, and mathematics school established under	1708
Chapter 3326. of the Revised Code in accordance with this chapter	1709
each fiscal year.	1710

Sec. 119.07. Except when a statute prescribes a notice and	1711
the persons to whom it shall be given, in all cases in which	1712
section 119.06 of the Revised Code requires an agency to afford an	1713
opportunity for a hearing prior to the issuance of an order, the	1714
agency shall give notice to the party informing ~~him~~the party of	1715
~~his~~the party's right to a hearing. Notice shall be given by	1716
registered mail, return receipt requested, and shall include the	1717
charges or other reasons for the proposed action, the law or rule	1718
directly involved, and a statement informing the party that hethe	1719
party is entitled to a hearing if hethe party requests it within	1720
thirty days of the time of mailing the notice. The notice shall	1721
also inform the party that at the hearing hethe party may appear	1722
in person, by ~~his~~the party's attorney, or by such other	1723
representative as is permitted to practice before the agency, or	1724
may present ~~his~~the party's position, arguments, or contentions in	1725
writing and that at the hearing hethe party may present evidence	1726
and examine witnesses appearing for and against ~~him~~the party. A	1727
copy of the notice shall be mailed to attorneys or other	1728
representatives of record representing the party. This paragraph	1729
does not apply to situations in which such section provides for a	1730
hearing only when it is requested by the party.	1731

When a statute specifically permits the suspension of a	1732
license without a prior hearing, notice of the agency's order	1733
shall be sent to the party by registered mail, return receipt	1734
requested, not later than the business day next succeeding such	1735
order. The notice shall state the reasons for the agency's action,	1736
cite the law or rule directly involved, and state that the party	1737
will be afforded a hearing if hethe party requests it within	1738
thirty days of the time of mailing the notice. A copy of the	1739
notice shall be mailed to attorneys or other representatives of	1740
record representing the party.	1741

Whenever a party requests a hearing in accordance with this	1742
section and section 119.06 of the Revised Code, the agency shall	1743
immediately set the date, time, and place for the hearing and	1744
forthwith notify the party thereof. The date set for the hearing	1745
shall be within fifteen days, but not earlier than seven days,	1746
after the party has requested a hearing, unless otherwise agreed	1747
to by both the agency and the party.	1748

When any notice sent by registered mail, as required by	1749
sections 119.01 to 119.13 of the Revised Code, is returned because	1750
~~of failure of delivery~~the party fails to claim the notice, the	1751
agency shall send the notice by ordinary mail to the party at the	1752
party's last known address and shall obtain a certificate of	1753
mailing. Service by ordinary mail is complete when the certificate	1754
of mailing is obtained unless the notice is returned showing	1755
failure of delivery.	1756

If any notice sent by registered or ordinary mail is returned	1757
for failure of delivery, the agency either shall make personal	1758
delivery of the notice by an employee or agent of the agency or	1759
shall cause a summary of the substantive provisions of the notice	1760
to be published once a week for three consecutive weeks in a	1761
newspaper of general circulation in the county where the last	1762
known ~~place of residence or business~~address of the party is	1763
located. When notice is given by publication, a ~~copy of the~~	1764
~~newspaper~~proof of publication affidavit, with the first	1765
publication of the notice ~~marked~~set forth in the affidavit, shall	1766
be mailed by ordinary mail to the party at the party's last known	1767
address and the notice shall be deemed received as of the date of	1768
the last publication. An employee or agent of the agency may make	1769
personal delivery of the notice upon a party at any time.	1770

Refusal of delivery by personal service or by mail is not	1771
failure of delivery and service is deemed to be complete. Failure	1772
of delivery occurs only when a mailed notice is returned by the	1773
postal authorities marked undeliverable, address or addressee	1774
unknown, or forwarding address unknown or expired. A party's last	1775
known address is the mailing address of the party appearing in the	1776
records of the agency.	1777

The failure of an agency to give the notices for any hearing	1778
required by sections 119.01 to 119.13 of the Revised Code in the	1779
manner provided in this section shall invalidate any order entered	1780
pursuant to the hearing.	1781

Sec. 120.33. (A) In lieu of using a county public defender	1782
or joint county public defender to represent indigent persons in	1783
the proceedings set forth in division (A) of section 120.16 of the	1784
Revised Code, the board of county commissioners of any county may	1785
adopt a resolution to pay counsel who are either personally	1786
selected by the indigent person or appointed by the court. The	1787
resolution shall include those provisions the board of county	1788
commissioners considers necessary to provide effective	1789
representation of indigent persons in any proceeding for which	1790
counsel is provided under this section. The resolution shall	1791
include provisions for contracts with any municipal corporation	1792
under which the municipal corporation shall reimburse the county	1793
for counsel appointed to represent indigent persons charged with	1794
violations of the ordinances of the municipal corporation.	1795

(1) In a county that adopts a resolution to pay counsel, an	1796
indigent person shall have the right to do either of the	1797
following:	1798

(a) To select the person's own personal counsel to represent	1799
the person in any proceeding included within the provisions of the	1800
resolution;	1801

(b) To request the court to appoint counsel to represent the	1802
person in such a proceeding.	1803

(2) The court having jurisdiction over the proceeding in a	1804
county that adopts a resolution to pay counsel shall, after	1805
determining that the person is indigent and entitled to legal	1806
representation under this section, do either of the following:	1807

(a) By signed journal entry recorded on its docket, enter the	1808
name of the lawyer selected by the indigent person as counsel of	1809
record;	1810

(b) Appoint counsel for the indigent person if the person has	1811
requested the court to appoint counsel and, by signed journal	1812
entry recorded on its dockets, enter the name of the lawyer	1813
appointed for the indigent person as counsel of record.	1814

(3) The board of county commissioners shall establish a	1815
schedule of fees by case or on an hourly basis to be paid to	1816
counsel for legal services provided pursuant to a resolution	1817
adopted under this section. Prior to establishing the schedule,	1818
the board of county commissioners shall request the bar	1819
association or associations of the county to submit a proposed	1820
schedule. The schedule submitted shall be subject to the review,	1821
amendment, and approval of the board of county commissioners.	1822

(4) Counsel selected by the indigent person or appointed by	1823
the court at the request of an indigent person in a county that	1824
adopts a resolution to pay counsel, except for counsel appointed	1825
to represent a person charged with any violation of an ordinance	1826
of a municipal corporation that has not contracted with the county	1827
commissioners for the payment of appointed counsel, shall be paid	1828
by the county and shall receive the compensation and expenses the	1829
court approves. Each request for payment shall be accompanied by a	1830
financial disclosure form and an affidavit of indigency that are	1831
completed by the indigent person on forms prescribed by the state	1832
public defender. Compensation and expenses shall not exceed the	1833
amounts fixed by the board of county commissioners in the schedule	1834
adopted pursuant to division (A)(3) of this section. No court	1835
shall approve compensation and expenses that exceed the amount	1836
fixed pursuant to division (A)(3) of this section.	1837

The fees and expenses approved by the court shall not be	1838
taxed as part of the costs and shall be paid by the county.	1839
However, if the person represented has, or may reasonably be	1840
expected to have, the means to meet some part of the cost of the	1841
services rendered to the person, the person shall pay the county	1842
an amount that the person reasonably can be expected to pay.	1843
Pursuant to section 120.04 of the Revised Code, the county shall	1844
pay to the state public defender a percentage of the payment	1845
received from the person in an amount proportionate to the	1846
percentage of the costs of the person's case that were paid to the	1847
county by the state public defender pursuant to this section. The	1848
money paid to the state public defender shall be credited to the	1849
client payment fund created pursuant to division (B)(5) of section	1850
120.04 of the Revised Code.	1851

The county auditor shall draw a warrant on the county	1852
treasurer for the payment of counsel in the amount fixed by the	1853
court, plus the expenses the court fixes and certifies to the	1854
auditor. The county auditor shall report periodically, but not	1855
less than annually, to the board of county commissioners and to	1856
the ~~Ohio~~state public defender ~~commission~~ the amounts paid out	1857
pursuant to the approval of the court. The board of county	1858
commissioners, after review and approval of the auditor's report,	1859
or the county auditor, with permission from and notice to the	1860
board of county commissioners, may then certify it to the state	1861
public defender for reimbursement. ~~If a~~The state public defender	1862
may pay a requested reimbursement only if the request for	1863
reimbursement is ~~not~~ accompanied by a financial disclosure form	1864
and an affidavit of indigency completed by the indigent person on	1865
forms prescribed by the state public defender~~, the state public~~	1866
~~defender shall not pay the requested reimbursement~~or if the court	1867
certifies by electronic signature as prescribed by the state	1868
public defender that a financial disclosure form and affidavit of	1869
indigency have been completed by the indigent person and are	1870
available for inspection. If a request for the reimbursement of	1871
the cost of counsel in any case is not received by the state	1872
public defender within ninety days after the end of the calendar	1873
month in which the case is finally disposed of by the court,	1874
unless the county has requested and the state public defender has	1875
granted an extension of the ninety-day limit, the state public	1876
defender shall not pay the requested reimbursement. The state	1877
public defender shall also review the report and, in accordance	1878
with the standards, guidelines, and maximums established pursuant	1879
to divisions (B)(7) and (8) of section 120.04 of the Revised Code,	1880
prepare a voucher for fifty per cent of the total cost of each	1881
county appointed counsel system in the period of time covered by	1882
the certified report and a voucher for fifty per cent of the costs	1883
and expenses that are reimbursable under section 120.35 of the	1884
Revised Code, if any, or, if the amount of money appropriated by	1885
the general assembly to reimburse counties for the operation of	1886
county public defender offices, joint county public defender	1887
offices, and county appointed counsel systems is not sufficient to	1888
pay fifty per cent of the total cost of all of the offices and	1889
systems other than costs and expenses that are reimbursable under	1890
section 120.35 of the Revised Code, for the lesser amount required	1891
by section 120.34 of the Revised Code.	1892

(5) If any county appointed counsel system fails to maintain	1893
the standards for the conduct of the system established by the	1894
rules of the Ohio public defender commission pursuant to divisions	1895
(B) and (C) of section 120.03 or the standards established by the	1896
state public defender pursuant to division (B)(7) of section	1897
120.04 of the Revised Code, the Ohio public defender commission	1898
shall notify the board of county commissioners of the county that	1899
the county appointed counsel system has failed to comply with its	1900
rules or the standards of the state public defender. Unless the	1901
board of county commissioners corrects the conduct of its	1902
appointed counsel system to comply with the rules and standards	1903
within ninety days after the date of the notice, the state public	1904
defender may deny all or part of the county's reimbursement from	1905
the state provided for in division (A)(4) of this section.	1906

(B) In lieu of using a county public defender or joint county	1907
public defender to represent indigent persons in the proceedings	1908
set forth in division (A) of section 120.16 of the Revised Code,	1909
and in lieu of adopting the resolution and following the procedure	1910
described in division (A) of this section, the board of county	1911
commissioners of any county may contract with the state public	1912
defender for the state public defender's legal representation of	1913
indigent persons. A contract entered into pursuant to this	1914
division may provide for payment for the services provided on a	1915
per case, hourly, or fixed contract basis.	1916

(C) If a court appoints an attorney pursuant to this section	1917
to represent a petitioner in a postconviction relief proceeding	1918
under section 2953.21 of the Revised Code, the petitioner has	1919
received a sentence of death, and the proceeding relates to that	1920
sentence, the attorney who represents the petitioner in the	1921
proceeding pursuant to the appointment shall be certified under	1922
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	1923
represent indigent defendants charged with or convicted of an	1924
offense for which the death penalty can be or has been imposed.	1925

Sec. 121.48. There is hereby created the office of the	1926
inspector general, to be headed by the inspector general.	1927

The governor shall appoint the inspector general, subject to	1928
section 121.49 of the Revised Code and the advice and consent of	1929
the senate. The inspector general shall hold office for a term	1930
coinciding with the term of the appointing governor. The governor	1931
may remove the inspector general from office only after delivering	1932
written notice to the inspector general of the reasons for which	1933
the governor intends to remove the inspector general from office	1934
and providing the inspector general with an opportunity to appear	1935
and show cause why the inspector general should not be removed.	1936

In addition to the duties imposed by section 121.42 of the	1937
Revised Code, the inspector general shall manage the office of the	1938
inspector general. The inspector general shall establish and	1939
maintain offices in Columbus.	1940

The inspector general may ~~appoint~~employ and fix the	1941
compensation of one or more deputy inspectors general. Each deputy	1942
inspector general shall serve for a term coinciding with the term	1943
of the appointing inspector general, and shall perform the duties,	1944
including the performance of investigations, that are assigned by	1945
the inspector general. All deputy inspectors general are in the	1946
unclassified service and serve at the pleasure of the inspector	1947
general.	1948

In addition to deputy inspectors general, the inspector	1949
general may ~~appoint~~employ and fix the compensation of	1950
professional, technical, and clerical employees that are necessary	1951
for the effective and efficient operation of the office of the	1952
inspector general. All professional, technical, and clerical	1953
employees of the office of the inspector general are in the	1954
unclassified service and serve at the pleasure of the appointing	1955
inspector general.	1956

The inspector general may enter into any contracts that are	1957
necessary to the operation of the office of the inspector general.	1958
The contracts may include, but are not limited to, contracts for	1959
the services of persons who are experts in a particular field and	1960
whose expertise is necessary to the successful completion of an	1961
investigation.	1962

Not later than the first day of March in each year, the	1963
inspector general shall publish an annual report summarizing the	1964
activities of the inspector general's office during the previous	1965
calendar year. The annual report shall not disclose the results of	1966
any investigation insofar as the results are designated as	1967
confidential under section 121.44 of the Revised Code.	1968

The inspector general shall provide copies of the inspector	1969
general's annual report to the governor and the general assembly.	1970
The inspector general also shall provide a copy of the annual	1971
report to any other person who requests the copy and pays a fee	1972
prescribed by the inspector general. The fee shall not exceed the	1973
cost of reproducing and delivering the annual report.	1974

Sec. 121.51. There is hereby created in the office of the	1975
inspector general the position of deputy inspector general for the	1976
department of transportation. The inspector general shall appoint	1977
the deputy inspector general, and the deputy inspector general	1978
shall serve at the pleasure of the inspector general. A person	1979
employed as the deputy inspector general shall have the same	1980
qualifications as those specified in section 121.49 of the Revised	1981
Code for the inspector general. The inspector general shall	1982
provide technical, professional, and clerical assistance to the	1983
deputy inspector general. The inspector general shall certify to	1984
the director of budget and management the costs ~~incurred by the~~	1985
~~deputy inspector general~~, including the salaries of the deputy	1986
inspector general and the employees assisting the deputy inspector	1987
general, that the inspector general expects the deputy inspector	1988
general to incur during the fiscal year or such lesser period for	1989
which the certification is made. The director of budget and	1990
management shall transfer the ~~amount~~amounts certified to the	1991
deputy inspector general for ODOT fund, which is hereby created in	1992
the state treasury, from the appropriation made to the department	1993
of transportation from which expenditures for general	1994
administrative purposes, as distinguished from specific	1995
infrastructure projects, are made. The transfers shall be made in	1996
accordance with a schedule that the inspector general considers to	1997
be appropriate but shall not be in amounts that would create a	1998
balance in the fund in excess of need or that would exceed the	1999
amount appropriated from the fund. The inspector general shall use	2000
the deputy inspector general for ODOT fund to pay costs incurred	2001
by the deputy inspector general.	2002

The deputy inspector general shall investigate all wrongful	2003
acts or omissions that have been committed or are being committed	2004
by employees of the department. In addition, the deputy inspector	2005
general shall conduct a program of random review of the processing	2006
of contracts associated with building and maintaining the state's	2007
infrastructure. The random review program shall be designed by the	2008
inspector general. The program shall be confidential and may be	2009
altered by the inspector general at any time. The deputy inspector	2010
general has the same powers and duties regarding matters	2011
concerning the department as those specified in sections 121.42,	2012
121.43, and 121.45 of the Revised Code for the inspector general.	2013
Complaints may be filed with the deputy inspector general in the	2014
same manner as prescribed for complaints filed with the inspector	2015
general under section 121.46 of the Revised Code. All	2016
investigations conducted and reports issued by the deputy	2017
inspector general are subject to section 121.44 of the Revised	2018
Code.	2019

All officers and employees of the department shall cooperate	2020
with and provide assistance to the deputy inspector general in the	2021
performance of any investigation conducted by the deputy inspector	2022
general. In particular, those persons shall make their premises,	2023
equipment, personnel, books, records, and papers readily available	2024
to the deputy inspector general. In the course of an	2025
investigation, the deputy inspector general may question any	2026
officers or employees of the department and any person transacting	2027
business with the department and may inspect and copy any books,	2028
records, or papers in the possession of the department, taking	2029
care to preserve the confidentiality of information contained in	2030
responses to questions or the books, records, or papers that are	2031
made confidential by law. In performing any investigation, the	2032
deputy inspector general shall avoid interfering with the ongoing	2033
operations of the department, except insofar as is reasonably	2034
necessary to complete the investigation successfully.	2035

At the conclusion of an investigation by the deputy inspector	2036
general, the deputy inspector general shall deliver to the	2037
director of transportation and the governor any case for which	2038
remedial action is necessary. The deputy inspector general shall	2039
maintain a public record of the activities of the deputy inspector	2040
general to the extent permitted under this section, ensuring that	2041
the rights of the parties involved in each case are protected. The	2042
inspector general shall include in the annual report required by	2043
section 121.48 of the Revised Code a summary of the deputy	2044
inspector general's activities during the previous year.	2045

No person shall disclose any information that is designated	2046
as confidential in accordance with section 121.44 of the Revised	2047
Code or any confidential information that is acquired in the	2048
course of an investigation conducted under this section to any	2049
person who is not legally entitled to disclosure of that	2050
information.	2051

Sec. 122.051. There is hereby created in the state treasury	2052
the international trade cooperative projects fund. The fund shall	2053
consist of moneys received from private and nonprofit	2054
organizations involved in cooperative agreements related to	2055
import/export and direct foreign investment activities and cash	2056
transfers from other state agencies or any state or local	2057
government to encourage, promote, and assist trade and commerce	2058
between this state and foreign nations, pursuant to section 122.05	2059
and division (E) of section 122.04 of the Revised Code.	2060

Sec. 122.071. There is hereby created in the state treasury	2061
the travel and tourism cooperative projects fund consisting of all	2062
grants, gifts, and contributions made to the director of	2063
development for marketing and promotion of travel and tourism	2064
within this state pursuant to division (F) of section 122.04 and	2065
section 122.07 of the Revised Code.	2066

Sec. 122.076. There is hereby created in the state treasury	2067
the energy projects fund consisting of nonfederal revenue that is	2068
remitted to the director of development for the purpose of energy	2069
projects. Money in the fund shall be used by the department of	2070
development for energy projects and to pay the costs incurred in	2071
administering the energy projects.	2072

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

2073

(1) "Full-time employee" means an individual who is employed	2074
for consideration for at least an average of thirty-five hours a	2075
week or, who renders any other standard of service generally	2076
accepted by custom or specified by contract as full-time	2077
employment, or who is employed for consideration for such time or	2078
renders such service but is on family or medical leave under the	2079
federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3,	2080
107 Stat. 6, as amended, or on active duty reserve or Ohio	2081
national guard service.	2082

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

2083

(a) A full-time employee first employed by a taxpayer in the	2084
project that is the subject of the agreement after the taxpayer	2085
enters into a tax credit agreement with the tax credit authority	2086
under this section;	2087

(b) A full-time employee first employed by a taxpayer in the	2088
project that is the subject of the tax credit after the tax credit	2089
authority approves a project for a tax credit under this section	2090
in a public meeting, as long as the taxpayer enters into the tax	2091
credit agreement prepared by the department of development after	2092
such meeting within sixty days after receiving the agreement from	2093
the department. If the taxpayer fails to enter into the agreement	2094
within sixty days, "new employee" has the same meaning as under	2095
division (A)(2)(a) of this section. A full-time employee may be	2096
considered a "new employee" of a taxpayer, despite previously	2097
having been employed by a related member of the taxpayer, if all	2098
of the following apply:	2099

(i) The related member is a party to the tax credit agreement	2100
at the time the employee is first employed with the taxpayer;	2101

(ii) The related member will remain subject to the tax	2102
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	2103
under Chapter 5751. of the Revised Code for the remainder of the	2104
term of the tax credit, and the tax credit is taken against	2105
liability for that same tax through the remainder of the term of	2106
the tax credit; and	2107

(iii) The employee was considered a new employee of the	2108
related member prior to employment with the taxpayer.	2109

Under division (A)(2)(a) or (b) of this section, if the tax	2110
credit authority determines it appropriate, "new employee" also	2111
may include an employee re-hired or called back from lay-off to	2112
work in a new facility or on a new product or service established	2113
or produced by the taxpayer after entering into the agreement	2114
under this section or after the tax credit authority approves the	2115
tax credit in a public meeting. Except as otherwise provided in	2116
this paragraph, "new employee" does not include any employee of	2117
the taxpayer who was previously employed in this state by a	2118
related member of the taxpayer and whose employment was shifted to	2119
the taxpayer after the taxpayer entered into the tax credit	2120
agreement or after the tax credit authority approved the credit in	2121
a public meeting, or any employee of the taxpayer for which the	2122
taxpayer has been granted a certificate under division (B) of	2123
section 5709.66 of the Revised Code. However, if the taxpayer is	2124
engaged in the enrichment and commercialization of uranium or	2125
uranium products or is engaged in research and development	2126
activities related thereto and if the tax credit authority	2127
determines it appropriate, "new employee" may include an employee	2128
of the taxpayer who was previously employed in this state by a	2129
related member of the taxpayer and whose employment was shifted to	2130
the taxpayer after the taxpayer entered into the tax credit	2131
agreement or after the tax credit authority approved the credit in	2132
a public meeting. "New employee" does not include an employee of	2133
the taxpayer who is employed in an employment position that was	2134
relocated to a project from other operations of the taxpayer in	2135
this state or from operations of a related member of the taxpayer	2136
in this state. In addition, "new employee" does not include a	2137
child, grandchild, parent, or spouse, other than a spouse who is	2138
legally separated from the individual, of any individual who is an	2139
employee of the taxpayer and who has a direct or indirect	2140
ownership interest of at least five per cent in the profits,	2141
capital, or value of the taxpayer. Such ownership interest shall	2142
be determined in accordance with section 1563 of the Internal	2143
Revenue Code and regulations prescribed thereunder.	2144

(3) "New income tax revenue" means the total amount withheld	2145
under section 5747.06 of the Revised Code by the taxpayer during	2146
the taxable year, or during the calendar year that includes the	2147
tax period, from the compensation of new employees for the tax	2148
levied under Chapter 5747. of the Revised Code.	2149

(4) "Related member" has the same meaning as under division	2150
(A)(6) of section 5733.042 of the Revised Code without regard to	2151
division (B) of that section.	2152

(B) The tax credit authority may make grants under this	2153
section to foster job creation in this state. Such a grant shall	2154
take the form of a refundable credit allowed against the tax	2155
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	2156
under Chapter 5751. of the Revised Code. The credit shall be	2157
claimed for the taxable years or tax periods specified in the	2158
taxpayer's agreement with the tax credit authority under division	2159
(D) of this section. With respect to taxes imposed under section	2160
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	2161
credit shall be claimed in the order required under section	2162
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	2163
the credit available for a taxable year or for a calendar year	2164
that includes a tax period equals the new income tax revenue for	2165
that year multiplied by the percentage specified in the agreement	2166
with the tax credit authority. Any credit granted under this	2167
section against the tax imposed by section 5733.06 or 5747.02 of	2168
the Revised Code, to the extent not fully utilized against such	2169
tax for taxable years ending prior to 2008, shall automatically be	2170
converted without any action taken by the tax credit authority to	2171
a credit against the tax levied under Chapter 5751. of the Revised	2172
Code for tax periods beginning on or after July 1, 2008, provided	2173
that the person to whom the credit was granted is subject to such	2174
tax. The converted credit shall apply to those calendar years in	2175
which the remaining taxable years specified in the agreement end.	2176

(C) A taxpayer or potential taxpayer who proposes a project	2177
to create new jobs in this state may apply to the tax credit	2178
authority to enter into an agreement for a tax credit under this	2179
section. The director of development shall prescribe the form of	2180
the application. After receipt of an application, the authority	2181
may enter into an agreement with the taxpayer for a credit under	2182
this section if it determines all of the following:	2183

(1) The taxpayer's project will create new jobs in this	2184
state;	2185

(2) The taxpayer's project is economically sound and will	2186
benefit the people of this state by increasing opportunities for	2187
employment and strengthening the economy of this state;	2188

(3) Receiving the tax credit is a major factor in the	2189
taxpayer's decision to go forward with the project.	2190

(D) An agreement under this section shall include all of the	2191
following:	2192

(1) A detailed description of the project that is the subject	2193
of the agreement;	2194

(2) The term of the tax credit, which shall not exceed	2195
fifteen years, and the first taxable year, or first calendar year	2196
that includes a tax period, for which the credit may be claimed;	2197

(3) A requirement that the taxpayer shall maintain operations	2198
at the project location for at least twice the number of years as	2199
the term of the tax credit;	2200

(4) The percentage, as determined by the tax credit	2201
authority, of new income tax revenue that will be allowed as the	2202
amount of the credit for each taxable year or for each calendar	2203
year that includes a tax period;	2204

(5) A specific method for determining how many new employees	2205
are employed during a taxable year or during a calendar year that	2206
includes a tax period;	2207

(6) A requirement that the taxpayer annually shall report to	2208
the director of development the number of new employees, the new	2209
income tax revenue withheld in connection with the new employees,	2210
and any other information the director needs to perform the	2211
director's duties under this section;	2212

(7) A requirement that the director of development annually	2213
shall verify the amounts reported under division (D)(6) of this	2214
section, and after doing so shall issue a certificate to the	2215
taxpayer stating that the amounts have been verified;	2216

(8)(a) A provision requiring that the taxpayer, except as	2217
otherwise provided in division (D)(8)(b) of this section, shall	2218
not relocate employment positions from elsewhere in this state to	2219
the project site that is the subject of the agreement for the	2220
lesser of five years from the date the agreement is entered into	2221
or the number of years the taxpayer is entitled to claim the tax	2222
credit.	2223

(b) The taxpayer may relocate employment positions from	2224
elsewhere in this state to the project site that is the subject of	2225
the agreement if the director of development determines both of	2226
the following:	2227

(i) That the site from which the employment positions would	2228
be relocated is inadequate to meet market and industry conditions,	2229
expansion plans, consolidation plans, or other business	2230
considerations affecting the taxpayer;	2231

(ii) That the legislative authority of the county, township,	2232
or municipal corporation from which the employment positions would	2233
be relocated has been notified of the relocation.	2234

For purposes of this section, the movement of an employment	2235
position from one political subdivision to another political	2236
subdivision shall be considered a relocation of an employment	2237
position, but the transfer of an individual employee from one	2238
political subdivision to another political subdivision shall not	2239
be considered a relocation of an employment position as long as	2240
the individual's employment position in the first political	2241
subdivision is refilled.	2242

(E) If a taxpayer fails to meet or comply with any condition	2243
or requirement set forth in a tax credit agreement, the tax credit	2244
authority may amend the agreement to reduce the percentage or term	2245
of the tax credit. The reduction of the percentage or term shall	2246
take effect (1) in the taxable year immediately following the	2247
taxable year in which the authority amends the agreement or the	2248
director of development notifies the taxpayer in writing of such	2249
failure, or (2) in the first tax period beginning in the calendar	2250
year immediately following the calendar year in which the	2251
authority amends the agreement or the director notifies the	2252
taxpayer in writing of such failure. If the taxpayer fails to	2253
annually report any of the information required by division (D)(6)	2254
of this section within the time required by the director, the	2255
reduction of the percentage or term may take effect in the current	2256
taxable year. If the taxpayer relocates employment positions in	2257
violation of the provision required under division (D)(8)(a) of	2258
this section, the taxpayer shall not claim the tax credit under	2259
section 5733.0610 of the Revised Code for any tax years following	2260
the calendar year in which the relocation occurs, or shall not	2261
claim the tax credit under section 5725.32, 5729.032, or 5747.058	2262
of the Revised Code for the taxable year in which the relocation	2263
occurs and any subsequent taxable years, and shall not claim the	2264
tax credit under division (A) of section 5751.50 of the Revised	2265
Code for any tax period in the calendar year in which the	2266
relocation occurs and any subsequent tax periods.	2267

(F) Projects that consist solely of point-of-final-purchase	2268
retail facilities are not eligible for a tax credit under this	2269
section. If a project consists of both point-of-final-purchase	2270
retail facilities and nonretail facilities, only the portion of	2271
the project consisting of the nonretail facilities is eligible for	2272
a tax credit and only the new income tax revenue from new	2273
employees of the nonretail facilities shall be considered when	2274
computing the amount of the tax credit. If a warehouse facility is	2275
part of a point-of-final-purchase retail facility and supplies	2276
only that facility, the warehouse facility is not eligible for a	2277
tax credit. Catalog distribution centers are not considered	2278
point-of-final-purchase retail facilities for the purposes of this	2279
division, and are eligible for tax credits under this section.	2280

(G) Financial statements and other information submitted to	2281
the department of development or the tax credit authority by an	2282
applicant or recipient of a tax credit under this section, and any	2283
information taken for any purpose from such statements or	2284
information, are not public records subject to section 149.43 of	2285
the Revised Code. However, the chairperson of the authority may	2286
make use of the statements and other information for purposes of	2287
issuing public reports or in connection with court proceedings	2288
concerning tax credit agreements under this section. Upon the	2289
request of the tax commissioner or, if the applicant or recipient	2290
is an insurance company, upon the request of the superintendent of	2291
insurance, the chairperson of the authority shall provide to the	2292
commissioner or superintendent any statement or information	2293
submitted by an applicant or recipient of a tax credit in	2294
connection with the credit. The commissioner or superintendent	2295
shall preserve the confidentiality of the statement or	2296
information.	2297

(H) A taxpayer claiming a credit under this section shall	2298
submit to the tax commissioner or, if the taxpayer is an insurance	2299
company, to the superintendent of insurance, a copy of the	2300
director of development's certificate of verification under	2301
division (D)(7) of this section with the taxpayer's tax report or	2302
return for the taxable year or for the calendar year that includes	2303
the tax period. Failure to submit a copy of the certificate with	2304
the report or return does not invalidate a claim for a credit if	2305
the taxpayer submits a copy of the certificate to the commissioner	2306
or superintendent within sixty days after the commissioner or	2307
superintendent requests it.	2308

(I) The director of development, after consultation with the	2309
tax commissioner and the superintendent of insurance and in	2310
accordance with Chapter 119. of the Revised Code, shall adopt	2311
rules necessary to implement this section. The rules may provide	2312
for recipients of tax credits under this section to be charged	2313
fees to cover administrative costs of the tax credit program. The	2314
fees collected shall be credited to the tax incentive programs	2315
operating fund created in section 122.174 of the Revised Code. At	2316
the time the director gives public notice under division (A) of	2317
section 119.03 of the Revised Code of the adoption of the rules,	2318
the director shall submit copies of the proposed rules to the	2319
chairpersons of the standing committees on economic development in	2320
the senate and the house of representatives.	2321

(J) For the purposes of this section, a taxpayer may include	2322
a partnership, a corporation that has made an election under	2323
subchapter S of chapter one of subtitle A of the Internal Revenue	2324
Code, or any other business entity through which income flows as a	2325
distributive share to its owners. A ~~credit received under this~~	2326
~~section by a~~ partnership, S-corporation, or other such business	2327
entity ~~shall be apportioned among~~may elect to pass the credit	2328
received under this section through to the persons to whom the	2329
income or profit of the partnership, S-corporation, or other	2330
entity is distributed,. The election shall be made on the annual	2331
report required under division (D)(6) of this section. The	2332
election applies to and is irrevocable for the credit for which	2333
the report is submitted. If the election is made, the credit shall	2334
be apportioned among those persons in the same proportions as	2335
those in which the income or profit is distributed.	2336

(K) If the director of development determines that a taxpayer	2337
who has received a credit under this section is not complying with	2338
the requirement under division (D)(3) of this section, the	2339
director shall notify the tax credit authority of the	2340
noncompliance. After receiving such a notice, and after giving the	2341
taxpayer an opportunity to explain the noncompliance, the tax	2342
credit authority may require the taxpayer to refund to this state	2343
a portion of the credit in accordance with the following:	2344

(1) If the taxpayer maintained operations at the project	2345
location for at least one and one-half times the number of years	2346
of the term of the tax credit, an amount not exceeding twenty-five	2347
per cent of the sum of any previously allowed credits under this	2348
section;	2349

(2) If the taxpayer maintained operations at the project	2350
location for at least the number of years of the term of the tax	2351
credit, an amount not exceeding fifty per cent of the sum of any	2352
previously allowed credits under this section;	2353

(3) If the taxpayer maintained operations at the project	2354
location for less than the number of years of the term of the tax	2355
credit, an amount not exceeding one hundred per cent of the sum of	2356
any previously allowed credits under this section.	2357

In determining the portion of the tax credit to be refunded	2358
to this state, the tax credit authority shall consider the effect	2359
of market conditions on the taxpayer's project and whether the	2360
taxpayer continues to maintain other operations in this state.	2361
After making the determination, the authority shall certify the	2362
amount to be refunded to the tax commissioner or superintendent of	2363
insurance, as appropriate. If the amount is certified to the	2364
commissioner, the commissioner shall make an assessment for that	2365
amount against the taxpayer under Chapter 5733., 5747., or 5751.	2366
of the Revised Code. If the amount is certified to the	2367
superintendent, the superintendent shall make an assessment for	2368
that amount against the taxpayer under Chapter 5725. or 5729. of	2369
the Revised Code. The time limitations on assessments under those	2370
chapters do not apply to an assessment under this division, but	2371
the commissioner or superintendent, as appropriate, shall make the	2372
assessment within one year after the date the authority certifies	2373
to the commissioner or superintendent the amount to be refunded.	2374

(L) On or before the thirty-first day of March each year, the	2375
director of development shall submit a report to the governor, the	2376
president of the senate, and the speaker of the house of	2377
representatives on the tax credit program under this section. The	2378
report shall include information on the number of agreements that	2379
were entered into under this section during the preceding calendar	2380
year, a description of the project that is the subject of each	2381
such agreement, and an update on the status of projects under	2382
agreements entered into before the preceding calendar year.	2383

(M) There is hereby created the tax credit authority, which	2384
consists of the director of development and four other members	2385
appointed as follows: the governor, the president of the senate,	2386
and the speaker of the house of representatives each shall appoint	2387
one member who shall be a specialist in economic development; the	2388
governor also shall appoint a member who is a specialist in	2389
taxation. Of the initial appointees, the members appointed by the	2390
governor shall serve a term of two years; the members appointed by	2391
the president of the senate and the speaker of the house of	2392
representatives shall serve a term of four years. Thereafter,	2393
terms of office shall be for four years. Initial appointments to	2394
the authority shall be made within thirty days after January 13,	2395
1993. Each member shall serve on the authority until the end of	2396
the term for which the member was appointed. Vacancies shall be	2397
filled in the same manner provided for original appointments. Any	2398
member appointed to fill a vacancy occurring prior to the	2399
expiration of the term for which the member's predecessor was	2400
appointed shall hold office for the remainder of that term.	2401
Members may be reappointed to the authority. Members of the	2402
authority shall receive their necessary and actual expenses while	2403
engaged in the business of the authority. The director of	2404
development shall serve as chairperson of the authority, and the	2405
members annually shall elect a vice-chairperson from among	2406
themselves. Three members of the authority constitute a quorum to	2407
transact and vote on the business of the authority. The majority	2408
vote of the membership of the authority is necessary to approve	2409
any such business, including the election of the vice-chairperson.	2410

The director of development may appoint a professional	2411
employee of the department of development to serve as the	2412
director's substitute at a meeting of the authority. The director	2413
shall make the appointment in writing. In the absence of the	2414
director from a meeting of the authority, the appointed substitute	2415
shall serve as chairperson. In the absence of both the director	2416
and the director's substitute from a meeting, the vice-chairperson	2417
shall serve as chairperson.	2418

(N) For purposes of the credits granted by this section	2419
against the taxes imposed under sections 5725.18 and 5729.03 of	2420
the Revised Code, "taxable year" means the period covered by the	2421
taxpayer's annual statement to the superintendent of insurance.	2422

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

2423

(1) "Capital investment project" means a plan of investment	2424
at a project site for the acquisition, construction, renovation,	2425
or repair of buildings, machinery, or equipment, or for	2426
capitalized costs of basic research and new product development	2427
determined in accordance with generally accepted accounting	2428
principles, but does not include any of the following:	2429

(a) Payments made for the acquisition of personal property	2430
through operating leases;	2431

(b) Project costs paid before January 1, 2002;

2432

(c) Payments made to a related member as defined in section	2433
5733.042 of the Revised Code or to an elected consolidated	2434
taxpayer or a combined taxpayer as defined in section 5751.01 of	2435
the Revised Code.	2436

(2) "Eligible business" means a business with Ohio operations	2437
satisfying all of the following:	2438

(a) Employed an average of at least one thousand employees in	2439
full-time employment positions at a project site during each of	2440
the twelve months preceding the application for a tax credit under	2441
this section; and	2442

(b) On or after January 1, 2002, has made or has caused to be	2443
made payments for the capital investment project, including	2444
payments made by an unrelated third party entity as a result of a	2445
lease of not less than twenty years in term, of either of the	2446
following:	2447

(i) At least two hundred million dollars in the aggregate at	2448
the project site during a period of three consecutive calendar	2449
years including the calendar year that includes a day of the	2450
taxpayer's taxable year or tax period with respect to which the	2451
credit is granted;	2452

(ii) If the average wage of all full-time employment	2453
positions at the project site is greater than four hundred per	2454
cent of the federal minimum wage, at least one hundred million	2455
dollars in the aggregate at the project site during a period of	2456
three consecutive calendar years including the calendar year that	2457
includes a day of the taxpayer's taxable year or tax period with	2458
respect to which the credit is granted.	2459

(c) Is engaged at the project site primarily as a	2460
manufacturer or is providing significant corporate administrative	2461
functions;. If the investment under division (A)(2)(b) of this	2462
section was made by a third party entity as a result of a lease of	2463
not less than twenty years in term, the project must include	2464
headquarters operations that are part of a mixed use development	2465
that includes at least two of the following: office, hotel,	2466
research and development, or retail facilities.	2467

(d) Has had a capital investment project reviewed and	2468
approved by the tax credit authority as provided in divisions (C),	2469
(D), and (E) of this section.	2470

(3) "Full-time employment position" means a position of	2471
employment for consideration for at least an average of	2472
thirty-five hours a week that has been filled for at least one	2473
hundred eighty days immediately preceding the filing of an	2474
application under this section and for at least one hundred eighty	2475
days during each taxable year or each calendar year that includes	2476
a tax period with respect to which the credit is granted, or is	2477
employed in such position for consideration for such time, but is	2478
on active duty reserve or Ohio national guard service.	2479

(4) "Manufacturer" has the same meaning as in section	2480
5739.011 of the Revised Code.	2481

(5) "Project site" means an integrated complex of facilities	2482
in this state, as specified by the tax credit authority under this	2483
section, within a fifteen-mile radius where a taxpayer is	2484
primarily operating as an eligible business.	2485

(6) "Applicable corporation" means a corporation satisfying	2486
all of the following:	2487

(a)(i) For the entire taxable year immediately preceding the	2488
tax year, the corporation develops software applications primarily	2489
to provide telecommunication billing and information services	2490
through outsourcing or licensing to domestic or international	2491
customers.	2492

(ii) Sales and licensing of software generated at least six	2493
hundred million dollars in revenue during the taxable year	2494
immediately preceding the tax year the corporation is first	2495
entitled to claim the credit provided under division (B) of this	2496
section.	2497

(b) For the entire taxable year immediately preceding the tax	2498
year, the corporation or one or more of its related members	2499
provides customer or employee care and technical support for	2500
clients through one or more contact centers within this state, and	2501
the corporation and its related members together have a daily	2502
average, based on a three-hundred-sixty-five-day year, of at least	2503
five hundred thousand successful customer contacts through one or	2504
more of their contact centers, wherever located.	2505

(c) The corporation is eligible for the credit under division	2506
(B) of this section for the tax year.	2507

(7) "Related member" has the same meaning as in section	2508
5733.042 of the Revised Code as that section existed on the	2509
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	2510
general assembly, September 29, 1997.	2511

(8) "Successful customer contact" means a contact with an end	2512
user via telephone, including interactive voice recognition or	2513
similar means, where the contact culminates in a conversation or	2514
connection other than a busy signal or equipment busy.	2515

(9) "Telecommunications" means all forms of	2516
telecommunications service as defined in section 5739.01 of the	2517
Revised Code, and includes services in wireless, wireline, cable,	2518
broadband, internet protocol, and satellite.	2519

(10)(a) "Applicable difference" means the difference between	2520
the tax for the tax year under Chapter 5733. of the Revised Code	2521
applying the law in effect for that tax year, and the tax for that	2522
tax year if section 5733.042 of the Revised Code applied as that	2523
section existed on the effective date of its amendment by Am. Sub.	2524
H.B. 215 of the 122nd general assembly, September 29, 1997,	2525
subject to division (A)(10)(b) of this section.	2526

(b) If the tax rate set forth in division (B) of section	2527
5733.06 of the Revised Code for the tax year is less than eight	2528
and one-half per cent, the tax calculated under division	2529
(A)(10)(a) of this section shall be computed by substituting a tax	2530
rate of eight and one-half per cent for the rate set forth in	2531
division (B) of section 5733.06 of the Revised Code for the tax	2532
year.	2533

(c) If the resulting difference is negative, the applicable	2534
tax difference for the tax year shall be zero.	2535

(B) The tax credit authority created under section 122.17 of	2536
the Revised Code may grant tax credits under this section for the	2537
purpose of fostering job retention in this state. Upon application	2538
by an eligible business and upon consideration of the	2539
recommendation of the director of budget and management, tax	2540
commissioner, and director of development under division (C) of	2541
this section, the tax credit authority may grant to an eligible	2542
business a nonrefundable credit against the tax imposed by section	2543
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	2544
taxable years and against the tax levied by Chapter 5751. of the	2545
Revised Code for a period of up to fifteen calendar years	2546
provided, however, that if the project site is leased, the term of	2547
the tax credit cannot exceed the lesser of fifteen years or	2548
one-half the term of the lease, including any permitted renewal	2549
periods. The credit shall be in an amount not exceeding	2550
seventy-five per cent of the Ohio income tax withheld from the	2551
employees of the eligible business occupying full-time employment	2552
positions at the project site during the calendar year that	2553
includes the last day of such business' taxable year or tax period	2554
with respect to which the credit is granted. The amount of the	2555
credit shall not be based on the Ohio income tax withheld from	2556
full-time employees for a calendar year prior to the calendar year	2557
in which the minimum investment requirement referred to in	2558
division (A)(2)(b) of this section is completed. The credit shall	2559
be claimed only for the taxable years or tax periods specified in	2560
the eligible business' agreement with the tax credit authority	2561
under division (E) of this section, but in no event shall the	2562
credit be claimed for a taxable year or tax period terminating	2563
before the date specified in the agreement. Any credit granted	2564
under this section against the tax imposed by section 5733.06 or	2565
5747.02 of the Revised Code, to the extent not fully utilized	2566
against such tax for taxable years ending prior to 2008, shall	2567
automatically be converted without any action taken by the tax	2568
credit authority to a credit against the tax levied under Chapter	2569
5751. of the Revised Code for tax periods beginning on or after	2570
July 1, 2008, provided that the person to whom the credit was	2571
granted is subject to such tax. The converted credit shall apply	2572
to those calendar years in which the remaining taxable years	2573
specified in the agreement end.	2574

The credit computed under this division is in addition to any	2575
credit allowed under division (M) of this section which the tax	2576
credit authority may also include in the agreement.	2577

Any unused portion of a tax credit may be carried forward for	2578
not more than three additional years after the year for which the	2579
credit is granted.	2580

(C) A taxpayer that proposes a capital investment project to	2581
retain jobs in this state may apply to the tax credit authority to	2582
enter into an agreement for a tax credit under this section. The	2583
director of development shall prescribe the form of the	2584
application. After receipt of an application, the authority shall	2585
forward copies of the application to the director of budget and	2586
management, the tax commissioner, and the director of development,	2587
each of whom shall review the application to determine the	2588
economic impact the proposed project would have on the state and	2589
the affected political subdivisions and shall submit a summary of	2590
their determinations and recommendations to the authority.	2591

(D) Upon review of the determinations and recommendations	2592
described in division (C) of this section, the tax credit	2593
authority may enter into an agreement with the taxpayer for a	2594
credit under this section if the authority determines all of the	2595
following:	2596

(1) The taxpayer's capital investment project will result in	2597
the retention of full-time employment positions in this state.	2598

(2) The taxpayer is economically sound and has the ability to	2599
complete the proposed capital investment project.	2600

(3) The taxpayer intends to and has the ability to maintain	2601
operations at the project site for at least twice the term of the	2602
credit.	2603

(4) Receiving the credit is a major factor in the taxpayer's	2604
decision to begin, continue with, or complete the project.	2605

(5) The political subdivisions in which the project is	2606
located have agreed to provide substantial financial support to	2607
the project.	2608

(E) An agreement under this section shall include all of the	2609
following:	2610

(1) A detailed description of the project that is the subject	2611
of the agreement, including the amount of the investment, the	2612
period over which the investment has been or is being made, and	2613
the number of full-time employment positions at the project site.	2614

(2) The method of calculating the number of full-time	2615
employment positions as specified in division (A)(3) of this	2616
section.	2617

(3) The term and percentage of the tax credit, and the first	2618
year for which the credit may be claimed.	2619

(4) A requirement that the taxpayer maintain operations at	2620
the project site for at least twice the number of years as the	2621
term of the credit.	2622

(5) A requirement that the taxpayer retain a specified number	2623
of full-time employment positions at the project site and within	2624
this state for the term of the credit, including a requirement	2625
that the taxpayer continue to employ at least one thousand	2626
employees in full-time employment positions at the project site	2627
during the entire term of any agreement, subject to division	2628
(E)(7) of this section.	2629

(6) A requirement that the taxpayer annually report to the	2630
director of development the number of full-time employment	2631
positions subject to the credit, the amount of tax withheld from	2632
employees in those positions, the amount of the payments made for	2633
the capital investment project, and any other information the	2634
director needs to perform the director's duties under this	2635
section.	2636

(7) A requirement that the director of development annually	2637
review the annual reports of the taxpayer to verify the	2638
information reported under division (E)(6) of this section and	2639
compliance with the agreement. Upon verification, the director	2640
shall issue a certificate to the taxpayer stating that the	2641
information has been verified and identifying the amount of the	2642
credit for the taxable year. Unless otherwise specified by the tax	2643
credit authority in a resolution and included as part of the	2644
agreement, the director shall not issue a certificate for any year	2645
in which the total number of filled full-time employment positions	2646
for each day of the calendar year divided by three hundred	2647
sixty-five is less than ninety per cent of the full-time	2648
employment positions specified in division (E)(5) of this section.	2649
In determining the number of full-time employment positions, no	2650
position shall be counted that is filled by an employee who is	2651
included in the calculation of a tax credit under section 122.17	2652
of the Revised Code.	2653

(8)(a) A provision requiring that the taxpayer, except as	2654
otherwise provided in division (E)(8)(b) of this section, shall	2655
not relocate employment positions from elsewhere in this state to	2656
the project site that is the subject of the agreement for the	2657
lesser of five years from the date the agreement is entered into	2658
or the number of years the taxpayer is entitled to claim the	2659
credit.	2660

(b) The taxpayer may relocate employment positions from	2661
elsewhere in this state to the project site that is the subject of	2662
the agreement if the director of development determines both of	2663
the following:	2664

(i) That the site from which the employment positions would	2665
be relocated is inadequate to meet market and industry conditions,	2666
expansion plans, consolidation plans, or other business	2667
considerations affecting the taxpayer;	2668

(ii) That the legislative authority of the county, township,	2669
or municipal corporation from which the employment positions would	2670
be relocated has been notified of the relocation.	2671

For purposes of this section, the movement of an employment	2672
position from one political subdivision to another political	2673
subdivision shall be considered a relocation of an employment	2674
position unless the movement is confined to the project site. The	2675
transfer of an individual employee from one political subdivision	2676
to another political subdivision shall not be considered a	2677
relocation of an employment position as long as the individual's	2678
employment position in the first political subdivision is	2679
refilled.	2680

(9) A waiver by the taxpayer of any limitations periods	2681
relating to assessments or adjustments resulting from the	2682
taxpayer's failure to comply with the agreement.	2683

(F) If a taxpayer fails to meet or comply with any condition	2684
or requirement set forth in a tax credit agreement, the tax credit	2685
authority may amend the agreement to reduce the percentage or term	2686
of the credit. The reduction of the percentage or term shall take	2687
effect (1) in the taxable year immediately following the taxable	2688
year in which the authority amends the agreement or the director	2689
of development notifies the taxpayer in writing of such failure,	2690
or (2) in the first tax period beginning in the calendar year	2691
immediately following the calendar year in which the authority	2692
amends the agreement or the director notifies the taxpayer in	2693
writing of such failure. If the taxpayer fails to annually report	2694
any of the information required by division (E)(6) of this section	2695
within the time required by the director, the reduction of the	2696
percentage or term may take effect in the current taxable year. If	2697
the taxpayer relocates employment positions in violation of the	2698
provision required under division (D)(8)(a) of this section, the	2699
taxpayer shall not claim the tax credit under section 5733.0610 of	2700
the Revised Code for any tax years following the calendar year in	2701
which the relocation occurs, shall not claim the tax credit under	2702
section 5747.058 of the Revised Code for the taxable year in which	2703
the relocation occurs and any subsequent taxable years, and shall	2704
not claim the tax credit under division (A) of section 5751.50 of	2705
the Revised Code for the tax period in which the relocation occurs	2706
and any subsequent tax periods.	2707

(G) Financial statements and other information submitted to	2708
the department of development or the tax credit authority by an	2709
applicant for or recipient of a tax credit under this section, and	2710
any information taken for any purpose from such statements or	2711
information, are not public records subject to section 149.43 of	2712
the Revised Code. However, the chairperson of the authority may	2713
make use of the statements and other information for purposes of	2714
issuing public reports or in connection with court proceedings	2715
concerning tax credit agreements under this section. Upon the	2716
request of the tax commissioner, the chairperson of the authority	2717
shall provide to the commissioner any statement or other	2718
information submitted by an applicant for or recipient of a tax	2719
credit in connection with the credit. The commissioner shall	2720
preserve the confidentiality of the statement or other	2721
information.	2722

(H) A taxpayer claiming a tax credit under this section shall	2723
submit to the tax commissioner a copy of the director of	2724
development's certificate of verification under division (E)(7) of	2725
this section with the taxpayer's tax report or return for the	2726
taxable year or for the calendar year that includes the tax	2727
period. Failure to submit a copy of the certificate with the	2728
report or return does not invalidate a claim for a credit if the	2729
taxpayer submits a copy of the certificate to the commissioner	2730
within sixty days after the commissioner requests it.	2731

(I) For the purposes of this section, a taxpayer may include	2732
a partnership, a corporation that has made an election under	2733
subchapter S of chapter one of subtitle A of the Internal Revenue	2734
Code, or any other business entity through which income flows as a	2735
distributive share to its owners. A ~~tax credit received under this~~	2736
~~section by a~~ partnership, S-corporation, or other such business	2737
entity ~~shall be apportioned among~~may elect to pass the credit	2738
received under this section through to the persons to whom the	2739
income or profit of the partnership, S-corporation, or other	2740
entity is distributed,. The election shall be made on the annual	2741
report required under division (E)(6) of this section. The	2742
election applies to and is irrevocable for the credit for which	2743
the report is submitted. If the election is made, the credit shall	2744
be apportioned among those persons in the same proportions as	2745
those in which the income or profit is distributed.	2746

(J) If the director of development determines that a taxpayer	2747
that received a tax credit under this section is not complying	2748
with the requirement under division (E)(4) of this section, the	2749
director shall notify the tax credit authority of the	2750
noncompliance. After receiving such a notice, and after giving the	2751
taxpayer an opportunity to explain the noncompliance, the	2752
authority may terminate the agreement and require the taxpayer to	2753
refund to the state all or a portion of the credit claimed in	2754
previous years, as follows:	2755

(1) If the taxpayer maintained operations at the project site	2756
for less than the term of the credit, the amount required to be	2757
refunded shall not exceed the amount of any tax credits previously	2758
allowed and received under this section.	2759

(2) If the taxpayer maintained operations at the project site	2760
longer than the term of the credit but less than one and one-half	2761
times the term of the credit, the amount required to be refunded	2762
shall not exceed fifty per cent of the sum of any tax credits	2763
previously allowed and received under this section.	2764

(3) If the taxpayer maintained operations at the project site	2765
for at least one and one-half times the term of the credit but	2766
less than twice the term of the credit, the amount required to be	2767
refunded shall not exceed twenty-five per cent of the sum of any	2768
tax credits previously allowed and received under this section.	2769

In determining the portion of the credit to be refunded to	2770
this state, the authority shall consider the effect of market	2771
conditions on the taxpayer's project and whether the taxpayer	2772
continues to maintain other operations in this state. After making	2773
the determination, the authority shall certify the amount to be	2774
refunded to the tax commissioner. The commissioner shall make an	2775
assessment for that amount against the taxpayer under Chapter	2776
5733., 5747., or 5751. of the Revised Code. The time limitations	2777
on assessments under those chapters do not apply to an assessment	2778
under this division, but the commissioner shall make the	2779
assessment within one year after the date the authority certifies	2780
to the commissioner the amount to be refunded.	2781

If the director of development determines that a taxpayer	2782
that received a tax credit under this section has reduced the	2783
number of employees agreed to under division (E)(5) of this	2784
section by more than ten per cent, the director shall notify the	2785
tax credit authority of the noncompliance. After receiving such	2786
notice, and after providing the taxpayer an opportunity to explain	2787
the noncompliance, the authority may amend the agreement to reduce	2788
the percentage or term of the tax credit. The reduction in the	2789
percentage or term shall take effect in the taxable year, or in	2790
the calendar year that includes the tax period, in which the	2791
authority amends the agreement.	2792

(K) The director of development, after consultation with the	2793
tax commissioner and in accordance with Chapter 119. of the	2794
Revised Code, shall adopt rules necessary to implement this	2795
section. The rules may provide for recipients of tax credits under	2796
this section to be charged fees to cover administrative costs of	2797
the tax credit program. The fees collected shall be credited to	2798
the tax incentive programs operating fund created in section	2799
122.174 of the Revised Code. At the time the director gives public	2800
notice under division (A) of section 119.03 of the Revised Code of	2801
the adoption of the rules, the director shall submit copies of the	2802
proposed rules to the chairpersons of the standing committees on	2803
economic development in the senate and the house of	2804
representatives.	2805

(L) On or before the thirty-first day of March of each year,	2806
the director of development shall submit a report to the governor,	2807
the president of the senate, and the speaker of the house of	2808
representatives on the tax credit program under this section. The	2809
report shall include information on the number of agreements that	2810
were entered into under this section during the preceding calendar	2811
year, a description of the project that is the subject of each	2812
such agreement, and an update on the status of projects under	2813
agreements entered into before the preceding calendar year.	2814

(M)(1) A nonrefundable credit shall be allowed to an	2815
applicable corporation and its related members in an amount equal	2816
to the applicable difference. The credit is in addition to the	2817
credit granted to the corporation or related members under	2818
division (B) of this section. The credit is subject to divisions	2819
(B) to (E) and division (J) of this section.	2820

(2) A person qualifying as an applicable corporation under	2821
this section for a tax year does not necessarily qualify as an	2822
applicable corporation for any other tax year. No person is	2823
entitled to the credit allowed under division (M) of this section	2824
for the tax year immediately following the taxable year during	2825
which the person fails to meet the requirements in divisions	2826
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	2827
to the credit allowed under division (M) of this section for any	2828
tax year for which the person is not eligible for the credit	2829
provided under division (B) of this section.	2830

Sec. 122.174. There is hereby created in the state treasury	2831
the tax incentive programs operating fund. Money collected	2832
pursuant to division (I) of section 121.17, division (K) of	2833
section 122.171, division (C) of section 3735.672, and division	2834
(C) of section 5709.68 of the Revised Code shall be credited to	2835
the fund. The director of development shall use money in the fund	2836
to pay expenses related to the administration of the tax credit	2837
programs authorized by sections 122.17, 122.171, 3735.672, and	2838
5709.68 of the Revised Code.	2839

Sec. 122.602. (A) There is hereby created in the department	2840
of development the capital access loan program to assist	2841
participating financial institutions in making program loans to	2842
eligible businesses that face barriers in accessing working	2843
capital and obtaining fixed asset financing. In administering the	2844
program, the director of development may do any of the following:	2845

(1) Receive and accept grants, gifts, and contributions of	2846
money, property, labor, and other things of value to be held,	2847
used, and applied only for the purpose for which the grants,	2848
gifts, and contributions are made, from individuals, private and	2849
public corporations, the United States or any agency of the United	2850
States, the state or any agency of the state, or any political	2851
subdivision of the state;	2852

(2) Agree to repay any contribution of money or return any	2853
property contributed or the value of that property at the times,	2854
in the amounts, and on the terms and conditions, excluding the	2855
payment of interest, that the director consents to at the time a	2856
contribution is made; and evidence obligations by notes, bonds, or	2857
other written instruments;	2858

(3) Adopt rules under Chapter 119. of the Revised Code to	2859
carry out the purposes of the program specified in sections 122.60	2860
to 122.605 of the Revised Code;	2861

(4) Engage in all other acts, and enter into contracts and	2862
execute all instruments, necessary or appropriate to carry out the	2863
purposes specified in sections 122.60 to 122.605 of the Revised	2864
Code.	2865

(B) The director shall determine the eligibility of a	2866
financial institution to participate in the program and may set a	2867
limit on the number of financial institutions that may participate	2868
in the program.	2869

(C) To be considered eligible by the director to participate	2870
in the program, a financial institution shall enter into a	2871
participation agreement with the department that sets out the	2872
terms and conditions under which the department will deposit	2873
moneys from the fund into the financial institution's program	2874
reserve account, specifies the criteria for loan qualification	2875
under the program, and contains any additional terms the director	2876
considers necessary.	2877

(D) After receiving the certification required under division	2878
(C) of section 122.603 of the Revised Code, the director may	2879
disburse moneys from the fund to a participating financial	2880
institution for deposit in its program reserve account if the	2881
director determines that the capital access loan involved meets	2882
all of the following criteria:	2883

(1) It will be made to an eligible business.

2884

(2) It will be used by the eligible business for a project,	2885
activity, or enterprise that fosters economic development.	2886

(3) It will not be made in order to enroll in the program	2887
prior debt that is not covered under the program and that is owed	2888
or was previously owed by an eligible business to the financial	2889
institution.	2890

(4) It will not be utilized for a project or development	2891
related to the on-site construction or purchase of residential	2892
housing.	2893

(5) It will not be used to finance passive real estate	2894
ownership.	2895

(6) It conforms to the requirements of divisions (E), (F),	2896
(G), (H), and (I) of this section, and to the rules adopted by the	2897
director under division (A)(3) of this section.	2898

(E) The director shall not approve a capital access loan to	2899
an eligible business that exceeds two hundred fifty thousand	2900
dollars for working capital or five hundred thousand dollars for	2901
the purchase of fixed assets. An eligible business may apply for	2902
the maximum amount of both working capital and the purchase of	2903
fixed assets in the same capital access loan.	2904

(F) A financial institution may apply to the director for the	2905
approval of a capital access loan to any business that is owned or	2906
operated by a person that has previously defaulted under any state	2907
financial assistance program.	2908

(G) Eligible businesses that apply for a capital access loan	2909
shall comply with section 9.66 of the Revised Code.	2910

(H) A financial institution may apply to the director for the	2911
approval of a capital access loan that refinances a nonprogram	2912
loan made by another financial institution.	2913

(I) The director shall not approve a capital access loan that	2914
refinances a nonprogram loan made by the same financial	2915
institution, unless the amount of the refinanced loan exceeds the	2916
existing debt, in which case only the amount exceeding the	2917
existing debt is eligible for a loan under the program.	2918

~~(J) The director shall not approve any capital access loan~~	2919
~~made after June 30, 2007, or enter into a participation agreement~~	2920
~~with any financial institution after that date.~~	2921

Sec. 122.652. (A)(1) An applicant seeking a grant or loan for	2922
a brownfield cleanup or remediation project from the clean Ohio	2923
revitalization fund created in section 122.658 of the Revised Code	2924
shall request an application form from the appropriate integrating	2925
committee with geographical jurisdiction over the project for	2926
which a grant or loan is sought. The applicant shall complete the	2927
application and include all of the information required by	2928
sections 122.65 to 122.658 of the Revised Code and policies and	2929
requirements established under section 122.657 of the Revised	2930
Code.	2931

(2) In addition to the information that is required to be	2932
included in the application under division (A)(1) of this section,	2933
an applicant shall include an affidavit signed by the authorized	2934
representative of the applicant certifying that the applicant did	2935
not cause or contribute to the release of hazardous substances or	2936
petroleum at the brownfield that is the subject of the	2937
application.	2938

No person shall submit a false affidavit under division	2939
(A)(2) of this section.	2940

(3) After completion of the application, but prior to the	2941
submission of the application to the integrating committee under	2942
division (B) of this section, the applicant shall conduct a public	2943
meeting concerning the application and the proposed cleanup or	2944
remediation. Not later than forty-five days prior to conducting	2945
the public meeting, the applicant shall provide notice of the	2946
date, time, and location of the public meeting in a newspaper of	2947
general circulation in the county in which the property that is	2948
the subject of the application is located. In addition, not later	2949
than forty-five days prior to the hearing, the applicant shall	2950
post notice of the date, time, and location of the public meeting	2951
at the property on a sign that measures not less than four feet by	2952
four feet or, if the political subdivision in which the sign is to	2953
be posted prohibits a sign of that size, the maximum size of sign	2954
permitted by that political subdivision.	2955

In addition, not later than forty-five days prior to the	2956
public meeting, the applicant shall provide a copy of the	2957
application to a public library in the vicinity of the property	2958
for public review. The submission of the application and the	2959
location of the public library shall be included in the notice	2960
required under this division. The general public may submit	2961
comments to the applicant concerning the application prior to and	2962
at the public meeting.	2963

(B) An applicant shall submit a completed application, all	2964
required information, and an application summary to the	2965
appropriate integrating committee. Based on a review of the	2966
application summaries submitted to it, an integrating committee	2967
or, if required under division (C) of this section, the executive	2968
committee of the integrating committee shall prioritize all	2969
applications in accordance with criteria and procedures	2970
established pursuant to section 122.657 of the Revised Code. The	2971
integrating committee shall choose not more than six applications	2972
annually that it determines merit funding and shall forward those	2973
applications and all accompanying information to the clean Ohio	2974
council. In prioritizing and choosing applications under this	2975
division, an integrating committee or, if required under division	2976
(C) of this section, the executive committee of the integrating	2977
committee shall consult with local and regional economic	2978
development agencies or resources, community development agencies	2979
or organizations, local business organizations, and other	2980
appropriate entities located or operating in the geographic	2981
jurisdiction of the integrating committee.	2982

Notwithstanding this division or division (C) of this	2983
section, if an integrating committee receives only one application	2984
in any given year, the chair of the integrating committee or, if	2985
required under division (C) of this section, the chair of the	2986
executive committee of the integrating committee may forward that	2987
application to the clean Ohio council as the district's top	2988
priority project for that year without a vote of the full	2989
integrating committee or executive committee, as applicable.	2990
However, the chair of the integrating committee or chair of the	2991
executive committee, as applicable, shall provide written notice	2992
of the chair's intent to forward the application to each member of	2993
the integrating committee or executive committee, as applicable,	2994
not later than fiftenn days prior to forwarding the application.	2995

(C) For purposes of division (B) of this section, all	2996
decisions of an integrating committee that is required to be	2997
organized in accordance with division (A)(5) or (6) of section	2998
164.04 of the Revised Code shall be approved by its executive	2999
committee that is required to be established under division (A)(7)	3000
or (8) of that section. The affirmative vote of at least seven	3001
members of an executive committee established under division	3002
(A)(7) of section 164.04 of the Revised Code, or of at least nine	3003
members of an executive committee established under division	3004
(A)(8) of that section, is required for any action taken by an	3005
executive committee for purposes of division (B) of this section.	3006
A decision of an executive committee may be rejected by a vote of	3007
at least two-thirds of the full membership of the applicable	3008
integrating committee not later than thirty days after the	3009
executive committee action. If an executive committee is required	3010
under this division to prioritize applications under division (B)	3011
of this section, only applications that are approved by the	3012
executive committee may be submitted to the clean Ohio council for	3013
purposes of sections 122.65 to 122.659 of the Revised Code.	3014

(D) The clean Ohio council shall supply application forms to	3015
each integrating committee.	3016

Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)	3017
and (3) of this section, each exempt employee shall be paid a	3018
salary or wage in accordance with schedule E-1 or schedule E-2 of	3019
division (B), (C), or (D) of this section, as applicable.	3020

(2) Each exempt employee who holds a position in the	3021
unclassified civil service pursuant to division (A)(26) or (30) of	3022
section 124.11 of the Revised Code may be paid a salary or wage in	3023
accordance with schedule E-1, schedule E-1 for step seven only, or	3024
schedule E-2 of division (B) or, (C), (D), (E), (F), or (G) of	3025
this section, as applicable.	3026

(3)(a) Except as provided in division (A)(3)(b) of this	3027
section, each exempt employee who was paid a salary or wage at	3028
step 7 in the employee's pay range on June 28, 2003, in accordance	3029
with the applicable schedule E-1 of former section 124.152 of the	3030
Revised Code and who continued to be so paid on June 29, 2003,	3031
shall be paid a salary or wage in the corresponding pay range in	3032
schedule E-1 for step seven only of division ~~(C)~~(E), (F), or (G)	3033
of this section, as applicable, for as long as the employee	3034
remains in the position the employee held as of July 1, 2003.	3035

(b) Except as provided in division (A)(3)(c) of this section,	3036
if an exempt employee who is being paid a salary or wage in	3037
accordance with schedule E-1 for step seven only of division	3038
~~(C)~~(E), (F), or (G) of this section, as applicable, moves to	3039
another position, the employee shall not receive a salary or wage	3040
for that position or any other position in the future in	3041
accordance with that schedule.	3042

(c) If an exempt employee who is being paid a salary or wage	3043
in accordance with schedule E-1 for step seven only of division	3044
~~(C)~~(E), (F), or (G) of this section, as applicable, moves to	3045
another position assigned to pay range 12 or above, the appointing	3046
authority ~~has the discretion to~~may assign the employee to be paid	3047
a salary or wage in the appropriate pay range for that position in	3048
accordance with the applicable schedule E-1 for step seven only,	3049
provided that the appointing authority so notifies the director of	3050
administrative services in writing at the time the employee is	3051
appointed to that position.	3052

(B) Beginning on the first day of the pay period that	3053
includes July 1, 2006, each exempt employee who must be paid in	3054
accordance with schedule E-1 or schedule E-2 of this section shall	3055
be paid a salary or wage in accordance with the following schedule	3056
of rates:	3057

Schedule E-1	3058

Pay Ranges and Step Values	3059

		Step	Step	Step	Step	Step	Step	3060
	Range	1	2	3	4	5	6	3061
1	Hourly	9.40	9.82	10.24	10.68			3062
	Annually	19552	20426	21299	22214			3063
2	Hourly	11.40	11.88	12.40	12.94			3064
	Annually	23712	24710	25792	26915			3065
3	Hourly	11.94	12.48	13.03	13.60			3066
	Annually	24835	25958	27102	28288			3067
4	Hourly	12.54	13.10	13.72	14.34			3068
	Annually	26083	27248	28538	29827			3069
5	Hourly	13.15	13.75	14.34	14.97			3070
	Annually	27352	28600	29827	31138			3071
6	Hourly	13.86	14.43	15.07	15.69			3072
	Annually	28829	30014	31346	32635			3073
7	Hourly	14.72	15.27	15.88	16.44	17.08		3074
	Annually	30618	31762	33030	34195	35526		3075
8	Hourly	15.56	16.24	16.95	17.71	18.46		3076
	Annually	32365	33779	35256	36837	38397		3077
9	Hourly	16.60	17.46	18.32	19.23	20.21		3078
	Annually	34528	36317	38106	39998	42037		3079
10	Hourly	17.91	18.89	19.90	21.05	22.18		3080
	Annually	37253	39291	41392	43784	46134		3081
11	Hourly	19.50	20.64	21.84	23.06	24.38		3082
	Annually	40560	42931	45427	47965	50710		3083
12	Hourly	21.51	22.72	23.94	25.27	26.68	28.13	3084
	Annually	44741	47258	49795	52562	55494	58510	3085
13	Hourly	23.71	25.01	26.39	27.80	29.36	30.96	3086
	Annually	49317	52021	54891	57824	61069	64397	3087
14	Hourly	26.08	27.55	29.03	30.62	32.35	34.15	3088
	Annually	54246	57304	60382	63690	67288	71032	3089
15	Hourly	28.64	30.25	31.96	33.72	35.59	37.55	3090
	Annually	59571	62920	66477	70138	74027	78104	3091
16	Hourly	31.58	33.33	35.17	37.14	39.19	41.43	3092
	Annually	65686	69326	73154	77251	81515	86174	3093
17	Hourly	34.80	36.72	38.78	40.92	43.20	45.61	3094
	Annually	72384	76378	80662	85114	89856	94869	3095
18	Hourly	38.35	40.47	42.75	45.10	47.60	50.26	3096
	Annually	79768	84178	88920	93808	99008	104541	3097

Schedule E-2	3098

	Range	Minimum	Maximum	3099
41	Hourly	16.23	34.77	3100
	Annually	33758	72322	3101
42	Hourly	17.89	38.41	3102
	Annually	37211	79893	3103
43	Hourly	19.70	42.30	3104
	Annually	40976	87984	3105
44	Hourly	21.73	46.21	3106
	Annually	45198	96117	3107
45	Hourly	24.01	50.44	3108
	Annually	49941	104915	3109
46	Hourly	26.43	55.13	3110
	Annually	54974	114670	3111
47	Hourly	29.14	60.16	3112
	Annually	60611	125133	3113
48	Hourly	32.14	65.65	3114
	Annually	66851	136552	3115
49	Hourly	35.44	70.89	3116
	Annually	73715	147451	3117

(C) Beginning on the first day of the pay period that	3118
includes July 1, 2007, each exempt employee who must be paid in	3119
accordance with schedule E-1 or schedule E-2 of this section shall	3120
be paid a salary or wage in accordance with the following schedule	3121
of rates:	3122

Schedule E-1	3123

Pay Ranges and Step Values	3124

		Step	Step	Step	Step	Step	Step	3125
	Range	1	2	3	4	5	6	3126
1	Hourly	9.73	10.16	10.60	11.05			3127
	Annually	20238	21133	22048	22984			3128
2	Hourly	11.80	12.30	12.83	13.39			3129
	Annually	24544	25584	26686	27851			3130
3	Hourly	12.36	12.92	13.49	14.08			3131
	Annually	25709	26874	28059	29286			3132
4	Hourly	12.98	13.56	14.20	14.84			3133
	Annually	26998	28205	29536	30867			3134
5	Hourly	13.61	14.23	14.84	15.49			3135
	Annually	28309	29598	30867	32219			3136
6	Hourly	14.35	14.94	15.60	16.24			3137
	Annually	29848	31075	32448	33779			3138
7	Hourly	15.24	15.80	16.44	17.02	17.68		3139
	Annually	31699	32864	34195	35402	36774		3140
8	Hourly	16.10	16.81	17.54	18.33	19.11		3141
	Annually	33488	34965	36483	38126	39749		3142
9	Hourly	17.18	18.07	18.96	19.90	20.92		3143
	Annually	35734	37586	39437	41392	43514		3144
10	Hourly	18.54	19.55	20.60	21.79	22.96		3145
	Annually	38563	40664	42848	45323	47757		3146
11	Hourly	20.18	21.36	22.60	23.87	25.23		3147
	Annually	41974	44429	47008	49650	52478		3148
12	Hourly	22.26	23.52	24.78	26.15	27.61	29.11	3149
	Annually	46301	48922	51542	54392	57429	60549	3150
13	Hourly	24.54	25.89	27.31	28.77	30.39	32.04	3151
	Annually	51043	53851	56805	59842	63211	66643	3152
14	Hourly	26.99	28.51	30.05	31.69	33.48	35.35	3153
	Annually	56139	59301	62504	65915	69638	73528	3154
15	Hourly	29.64	31.31	33.08	34.90	36.84	38.86	3155
	Annually	61651	65125	68806	72592	76627	80829	3156
16	Hourly	32.69	34.50	36.40	38.44	40.56	42.88	3157
	Annually	67995	71760	75712	79955	84365	89190	3158
17	Hourly	36.02	38.01	40.14	42.35	44.71	47.21	3159
	Annually	74922	79061	83491	88088	92997	98197	3160
18	Hourly	39.69	41.89	44.25	46.68	49.27	52.02	3161
	Annually	82555	87131	92040	97094	102482	108202	3162

Schedule E-2	3163

	Range	Minimum	Maximum	3164
41	Hourly	16.23	35.99	3165
	Annually	33758	74859	3166
42	Hourly	17.89	39.75	3167
	Annually	37211	82680	3168
43	Hourly	19.70	43.78	3169
	Annually	40976	91062	3170
44	Hourly	21.73	47.83	3171
	Annually	45198	99486	3172
45	Hourly	24.01	52.21	3173
	Annually	49941	108597	3174
46	Hourly	26.43	57.06	3175
	Annually	54974	118685	3176
47	Hourly	29.14	62.27	3177
	Annually	60611	129522	3178
48	Hourly	32.14	67.95	3179
	Annually	66851	141336	3180
49	Hourly	35.44	73.37	3181
	Annually	73715	152610	3182

(D) Beginning on the first day of the pay period that	3183
includes July 1, 2008, each exempt employee who must be paid in	3184
accordance with schedule E-1 or schedule E-2 of this section shall	3185
be paid a salary or wage in accordance with the following schedule	3186
of rates:	3187

Schedule E-1	3188

Pay Ranges and Step Values	3189

		Step	Step	Step	Step	Step	Step	3190
	Range	1	2	3	4	5	6	3191
1	Hourly	10.07	10.52	10.97	11.44			3192
	Annually	20946	21882	22818	23795			3193
2	Hourly	12.21	12.73	13.28	13.86			3194
	Annually	25397	26478	27622	28829			3195
3	Hourly	12.79	13.37	13.96	14.57			3196
	Annually	26603	27810	29037	30306			3197
4	Hourly	13.43	14.03	14.70	15.36			3198
	Annually	27934	29182	30576	31949			3199
5	Hourly	14.09	14.73	15.36	16.03			3200
	Annually	29307	30638	31949	33342			3201
6	Hourly	14.85	15.46	16.15	16.81			3202
	Annually	30888	32157	33592	34965			3203
7	Hourly	15.77	16.35	17.02	17.62	18.30		3204
	Annually	32802	34008	35402	36650	38064		3205
8	Hourly	16.66	17.40	18.15	18.97	19.78		3206
	Annually	34653	36192	37752	39458	41142		3207
9	Hourly	17.78	18.70	19.62	20.60	21.65		3208
	Annually	36982	38896	40810	42848	45032		3209
10	Hourly	19.19	20.23	21.32	22.55	23.76		3210
	Annually	39915	42078	44346	46904	49421		3211
11	Hourly	20.89	22.11	23.39	24.71	26.11		3212
	Annually	43451	45989	48651	51397	54309		3213
12	Hourly	23.04	24.34	25.65	27.07	28.58	30.13	3214
	Annually	47923	50627	53352	56306	59446	62670	3215
13	Hourly	25.40	26.80	28.27	29.78	31.45	33.16	3216
	Annually	52832	55744	58802	61942	65416	68973	3217
14	Hourly	27.93	29.51	31.10	32.80	34.65	36.59	3218
	Annually	58094	61381	64688	68224	72072	76107	3219
15	Hourly	30.68	32.41	34.24	36.12	38.13	40.22	3220
	Annually	63814	67413	71219	75130	79310	83658	3221
16	Hourly	33.83	35.71	37.67	39.79	41.98	44.38	3222
	Annually	70366	74277	78354	82763	87318	92310	3223
17	Hourly	37.28	39.34	41.54	43.83	46.27	48.86	3224
	Annually	77542	81827	86403	91166	96242	101629	3225
18	Hourly	41.08	43.36	45.80	48.31	50.99	53.84	3226
	Annually	85446	90189	95264	100485	106059	111987	3227

Schedule E-2	3228

	Range	Minimum	Maximum	3229
41	Hourly	16.23	37.25	3230
	Annually	33758	77480	3231
42	Hourly	17.89	41.14	3232
	Annually	37211	85571	3233
43	Hourly	19.70	45.31	3234
	Annually	40976	94245	3235
44	Hourly	21.73	49.50	3236
	Annually	45198	102960	3237
45	Hourly	24.01	54.04	3238
	Annually	49941	112403	3239
46	Hourly	26.43	59.06	3240
	Annually	54974	122845	3241
47	Hourly	29.14	64.45	3242
	Annually	60611	134056	3243
48	Hourly	32.14	70.33	3244
	Annually	66851	146286	3245
49	Hourly	35.44	75.94	3246
	Annually	73715	157955	3247

(E) Beginning on the first day of the pay period that	3248
includes July 1, 2006, each exempt employee who must be paid in	3249
accordance with schedule E-1 for step seven only shall be paid a	3250
salary or wage in accordance with the following schedule of rates:	3251

Schedule E-1 for Step Seven Only	3252

Pay Ranges and Step Seven Values	3253

	Range		3254
12	Hourly	29.68	3255
	Annually	61734	3256
13	Hourly	32.66	3257
	Annually	67933	3258
14	Hourly	36.01	3259
	Annually	74901	3260
15	Hourly	39.61	3261
	Annually	82389	3262
16	Hourly	43.70	3263
	Annually	90896	3264
17	Hourly	48.13	3265
	Annually	100110	3266
18	Hourly	53.02	3267
	Annually	110282	3268

~~(D)~~(F) Beginning on the first day of the pay period that	3269
includes July 1, 2007, each exempt employee who must be paid in	3270
accordance with schedule E-1 for step seven only shall be paid a	3271
salary or wage in accordance with the following schedule of rates:	3272

Schedule E-1 for Step Seven Only	3273

Pay Ranges and Step Values	3274

	Range		3275
12	Hourly	30.72	3276
	Annually	63898	3277
13	Hourly	33.80	3278
	Annually	70304	3279
14	Hourly	37.27	3280
	Annually	77522	3281
15	Hourly	41.00	3282
	Annually	85280	3283
16	Hourly	45.23	3284
	Annually	94078	3285
17	Hourly	49.81	3286
	Annually	103605	3287
18	Hourly	54.88	3288
	Annually	114150	3289

(G) Beginning on the first day of the pay period that	3290
includes July 1, 2008, each exempt employee who must be paid in	3291
accordance with salary schedule E-1 for step seven only shall be	3292
paid a salary or wage in accordance with the following schedule of	3293
rates:	3294

Schedule E-1 for Step Seven Only	3295

Pay Ranges and Step Values	3296

	Range		3297
12	Hourly	31.80	3298
	Annually	66144	3299
13	Hourly	34.98	3300
	Annually	72758	3301
14	Hourly	38.57	3302
	Annually	80226	3303
15	Hourly	42.44	3304
	Annually	88275	3305
16	Hourly	46.81	3306
	Annually	97365	3307
17	Hourly	51.55	3308
	Annually	107224	3309
18	Hourly	56.80	3310
	Annually	118144	3311

(H) As used in this section, "exempt employee" means a	3312
permanent full-time or permanent part-time employee paid directly	3313
by warrant of the director of budget and management whose position	3314
is included in the job classification plan established under	3315
division (A) of section 124.14 of the Revised Code but who is not	3316
considered a public employee for the purposes of Chapter 4117. of	3317
the Revised Code. As used in this section, "exempt employee" also	3318
includes a permanent full-time or permanent part-time employee of	3319
the secretary of state, auditor of state, treasurer of state, or	3320
attorney general who has not been placed in an appropriate	3321
bargaining unit by the state employment relations board.	3322

Sec. 125.04. (A) Except as provided in division (D) of this	3323
section, the department of administrative services shall determine	3324
what supplies and services are purchased by or for state	3325
agencies. Whenever the department of administrative services	3326
makes any change or addition to the lists of supplies and	3327
services that it determines to purchase for state agencies, it	3328
shall provide a list to the agencies of the changes or additions	3329
and indicate when the department will be prepared to furnish each	3330
item listed. Except for the requirements of division (B) of	3331
section 125.11 of the Revised Code, sections 125.04 to 125.08 and	3332
125.09 to 125.15 of the Revised Code do not apply to or affect the	3333
educational institutions of the state. The department shall not	3334
include the bureau of workers' compensation in the lists of	3335
supplies, equipment, and services purchased and furnished by the	3336
department.	3337

Nothing in this division precludes the bureau from entering	3338
into a contract with the department for the department to perform	3339
services relative to supplies, equipment, and services contained	3340
in this division for the bureau.	3341

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

3342

(a) "Emergency medical service organization" has the same	3343
meaning as in section 4765.01 of the Revised Code.	3344

(b) "Political subdivision" means any county, township,	3345
municipal corporation, school district, conservancy district,	3346
township park district, park district created under Chapter 1545.	3347
of the Revised Code, regional transit authority, regional airport	3348
authority, regional water and sewer district, or port authority.	3349
"Political subdivision" also includes any other political	3350
subdivision described in the Revised Code that has been approved	3351
by the department to participate in the department's contracts	3352
under this division.	3353

(c) "Private fire company" has the same meaning as in section	3354
9.60 of the Revised Code.	3355

(2) Subject to division (C) of this section, the department	3356
of administrative services may permit a political subdivision,	3357
county board of elections, private fire company, or private,	3358
nonprofit emergency medical service organization to participate	3359
in contracts into which the department has entered for the	3360
purchase of supplies and services. The department may charge the	3361
entity a reasonable fee to cover the administrative costs the	3362
department incurs as a result of participation by the entity in	3363
such a purchase contract.	3364

A political subdivision desiring to participate in such	3365
purchase contracts shall file with the department a certified copy	3366
of an ordinance or resolution of the legislative authority or	3367
governing board of the political subdivision. The resolution or	3368
ordinance shall request that the political subdivision be	3369
authorized to participate in such contracts and shall agree that	3370
the political subdivision will be bound by such terms and	3371
conditions as the department prescribes and that it will directly	3372
pay the vendor under each purchase contract. A board of elections	3373
desiring to participate in such purchase contracts shall file	3374
with the purchasing authority a written request for inclusion in	3375
the program. A private fire company or private, nonprofit	3376
emergency medical service organization desiring to participate in	3377
such purchase contracts shall file with the department a written	3378
request for inclusion in the program signed by the chief officer	3379
of the company or organization. ~~The~~A request for inclusion shall	3380
include an agreement to be bound by such terms and conditions as	3381
the department prescribes and to make direct payments to the	3382
vendor under each purchase contract.	3383

The department shall include in its annual report an	3384
estimate of the cost it incurs by permitting political	3385
subdivisions, county boards of elections, private fire companies,	3386
and private, nonprofit emergency medical service organizations to	3387
participate in contracts pursuant to this division. The department	3388
may require such entities to file a report with the department,	3389
as often as it finds necessary, stating how many such contracts	3390
the entities participated in within a specified period of time,	3391
and any other information the department requires.	3392

(3) Purchases made by a political subdivision or a county	3393
board of elections under this division are exempt from any	3394
competitive selection procedures otherwise required by law. No	3395
political subdivision shall make any purchase under this division	3396
when bids have been received for such purchase by the subdivision,	3397
unless such purchase can be made upon the same terms, conditions,	3398
and specifications at a lower price under this division.	3399

(C) A political subdivision as defined in division (B) of	3400
this section or a county board of elections may purchase supplies	3401
or services from another party, including ~~another~~a political	3402
subdivision, instead of through participation in contracts	3403
described in division (B) of this section if the political	3404
subdivision or county board of elections can purchase those	3405
supplies or services from the other party upon equivalent terms,	3406
conditions, and specifications but at a lower price than it can	3407
through those contracts. Purchases that a political subdivision or	3408
county board of elections makes under this division are exempt	3409
from any competitive selection procedures otherwise required by	3410
law. A political subdivision or county board of elections that	3411
makes any purchase under this division shall maintain sufficient	3412
information regarding the purchase to verify that the political	3413
subdivision or county board of elections satisfied the conditions	3414
for making a purchase under this division. Nothing in this	3415
division restricts any action taken by a county or township as	3416
authorized by division (A)(1) of section 9.48 of the Revised Code.	3417

(D) This section does not apply to supplies or services	3418
required by the legislative or judicial branches, ~~boards of~~	3419
~~elections,~~ the capitol square review and advisory board, the	3420
adjutant general, to supplies or services purchased by a state	3421
agency directly as provided in division (A) or (E) of section	3422
125.05 of the Revised Code, to purchases of supplies or services	3423
for the emergency management agency as provided in section 125.023	3424
of the Revised Code, or to purchases of supplies or services for	3425
the department of rehabilitation and correction in its operation	3426
of the program for the employment of prisoners established under	3427
section 5145.16 of the Revised Code that shall be made pursuant to	3428
rules adopted by the director of administrative services and the	3429
director of rehabilitation and correction in accordance with	3430
Chapter 119. of the Revised Code. The rules may provide for the	3431
exemption of the program for the employment of prisoners from the	3432
requirements of division (A) of this section.	3433

Sec. 125.45. The department of administrative services shall	3434
maintain facilities to perform office reproduction services for	3435
all boards, commissions, or departments except for the bureau of	3436
workers' compensation. Upon written application to the department	3437
of administrative services, permission may be granted to a board,	3438
commission, or department to perform such services outside the	3439
central facility and such permission shall state the extent of the	3440
services which the department, board, or commission shall perform.	3441

Office reproduction services using stencils, masters, or	3442
plates are restricted to duplicating equipment not larger than	3443
seventeen by twenty-two inches. Not to exceed five thousand press	3444
impressions shall be produced of any such order except that up to	3445
one thousand production copies may be produced of any item	3446
consisting of multiple pages and except that over five thousand,	3447
but not more than ten thousand, press impressions may be produced	3448
if the director of administrative services determines that there	3449
is an emergency due to the timing of service delivery or another	3450
factor that may cause financial hardship to the state.	3451

Nothing in this section precludes the bureau from entering	3452
into a contract with the department of administrative services for	3453
the department to perform office reproduction services for the	3454
bureau.	3455

~~Neither the department nor any other~~No state agency, other	3456
than the department of administrative services, shall perform	3457
printing or office reproduction services for political	3458
subdivisions.	3459

Sec. 125.93. The state forms management program shall do	3460
each of the following:	3461

(A) Assist state agencies in establishing internal forms	3462
management capabilities;	3463

(B) ~~Study, develop, coordinate, and initiate forms of~~	3464
~~interagency and common administrative usage, and establish basic~~	3465
~~design and specification criteria to standardize state forms;~~	3466

~~(C)~~ Assist state agencies to design economical forms;

3467

~~(D)~~(C) Assist, train, and instruct state agencies and their	3468
forms management representatives in forms management techniques,	3469
and provide direct forms management assistance to new state	3470
agencies as they are created;	3471

~~(E) Maintain a central forms repository of all state forms to~~	3472
~~facilitate standardization of the forms, eliminate redundant~~	3473
~~forms, and provide a central source of information on forms usage~~	3474
~~and availability~~.	3475

Sec. 125.96. The director of administrative services may	3476
adopt, amend, or rescind rules necessary to carry out the powers	3477
and duties imposed upon the state forms management program and	3478
state agencies by sections 125.92 to 125.98 of the Revised Code.	3479
~~The director shall adopt, and may amend or rescind, rules~~	3480
~~providing each of the following:~~	3481

~~(A) After a date to be determined by the state forms~~	3482
~~management program, no state agency shall utilize any form, other~~	3483
~~than a form subject to division (B) of section 125.95 of the~~	3484
~~Revised Code, the management of which has not been delegated to~~	3485
~~the agency by the program under division (A) of that section or~~	3486
~~been approved by the program.~~	3487

~~(B) The notice required by section 125.97 of the Revised Code~~	3488
~~shall appear in a standard place and a standard manner on each~~	3489
~~form to which the notice applies, and shall include specified~~	3490
~~indicia of approval by the state forms management program.~~	3491

~~(C) Any form required by a state agency on an emergency basis~~	3492
~~may be given interim approval by the state forms management~~	3493
~~program if the form is accompanied by a letter from the director~~	3494
~~or other head of the agency setting forth the nature of the~~	3495
~~emergency and requesting interim approval.~~	3496

Sec. 125.97. All forms~~, other than those forms subject to~~	3497
~~division (B) of section 125.95 of the Revised Code,~~ used to obtain	3498
information from private business, agriculture, or local	3499
governments, except those forms used by the tax commissioner for	3500
administration of taxes and programs, shall contain a conspicuous	3501
notice on the first page setting forth the authorization for the	3502
form and stating whether providing the information sought is	3503
required or voluntary, and any penalties that apply to failure to	3504
provide the information.	3505

Sec. 125.98. (A) Each state agency shall appoint a forms	3506
management representative, who may be from existing personnel. The	3507
appointee shall cooperate with, and provide other necessary	3508
assistance to, the director of administrative services and the	3509
state forms management program in implementing the program. A	3510
forms management representative shall do all of the following:	3511

(1) Manage the agency's forms management program and	3512
cooperate with and provide other necessary assistance to the	3513
director of administrative services in implementing the state	3514
forms management program;	3515

(2) Monitor the use and reproduction of all forms to ensure	3516
that all policies, procedures, guidelines, and standards	3517
established by the agency and the director of administrative	3518
services are followed;	3519

(3) ~~Ensure that every form used by the agency is presented to~~	3520
~~the state forms management program for registration prior to its~~	3521
~~reproduction;~~	3522

~~(4)~~ Maintain ~~a master forms file history file, in numeric~~	3523
~~order, of all agency forms;~~	3524

~~(5) Verify and update the~~all historical information on all	3525
forms in the agency's central forms repository database.	3526

(B) Any state agency, as defined in section 1.60 of the	3527
Revised Code, not included within the definition of a state agency	3528
in section 125.91 of the Revised Code may elect to participate in	3529
the state forms management program. The program may provide to any	3530
such agency any service required or authorized by sections 125.92	3531
to 125.98 of the Revised Code to be performed for a state agency.	3532

Sec. 126.04. Funds appropriated for purposes of fulfilling	3533
the state's obligations under the consent order filed March 5,	3534
2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United	3535
States district court for the southern district of Ohio, eastern	3536
division, shall be in an appropriation item that authorizes	3537
expenditures only for purposes of fulfilling the state's	3538
obligations under the consent order.	3539

Sec. 126.07. NoExcept as provided in division (B) of	3540
section 126.21 of the Revised Code, no contract, agreement, or	3541
obligation involving the expenditure of money chargeable to an	3542
appropriation, nor any resolution or order for the expenditure of	3543
money chargeable to an appropriation, shall be valid and	3544
enforceable unless the director of budget and management first	3545
certifies that there is a balance in the appropriation not already	3546
obligated to pay existing obligations, in an amount at least equal	3547
to the portion of the contract, agreement, obligation, resolution,	3548
or order to be performed in the current fiscal year. Any written	3549
contract or agreement entered into by the state shall contain a	3550
clause stating that the obligations of the state are subject to	3551
this section.	3552

The chief administrative officer of a state agency is	3553
responsible for the preaudit and approval of expenditures and	3554
other transactions of the agency. In order to ~~make~~initiate the	3555
making of a payment from the state treasury, the person in a state	3556
agency who requests that the payment be made shall first submit to	3557
the ~~director~~chief administrative officer of the agency all	3558
invoices, claims, vouchers, and other ~~evidentiary matter~~	3559
documentation related to the payment. ~~If the director approves~~	3560
~~payment to be made, the director shall draw a warrant as provided~~	3561
~~in section 126.35 of the Revised Code.~~The chief administrative	3562
officer shall examine each voucher and all other documentation	3563
required to support the voucher and determine whether they meet	3564
all the requirements established by the director of budget and	3565
management for making the payment. If they do meet those	3566
requirements, the chief administrative officer shall certify to	3567
the director the approval of the chief administrative officer for	3568
payment.	3569

Prior to drawing a warrant as provided in section 126.35 of	3570
the Revised Code, the director may review and audit the voucher,	3571
any documentation accompanying the voucher, and any other	3572
documentation related to the transaction that the director may	3573
require to determine if the transaction is in accordance with law.	3574
The director shall not approve payment to be made if the director	3575
finds that there is not an unobligated balance in the	3576
appropriation for the payment, that the payment is not for a valid	3577
claim against the state that is legally due, or that insufficient	3578
~~evidentiary matter~~documentation has been submitted. If the	3579
director does not approve payment, the director shall notify the	3580
agency of the reasons the director has not given approval.	3581

In approving payments to be made under this section, the	3582
director, upon receipt of certification from the director of job	3583
and family services pursuant to section 4141.231 of the Revised	3584
Code, shall withhold from amounts otherwise payable to a person	3585
who is the subject of the director of jobs and family services'	3586
certification, the amount certified to be due and unpaid to the	3587
director of job and family services, and shall approve for payment	3588
to the director of job and family services, the amount withheld.	3589

As used in this section and in section 126.21 of the Revised	3590
Code, "chief administrative officer" means either of the	3591
following:	3592

(A) The director of the agency or, in the case of a state	3593
agency without a director, the equivalent officer of that agency;	3594

(B) The designee of the chief administrative officer for the	3595
purposes of such sections.	3596

Sec. 126.08. The director of budget and management may	3597
exercise control over the financial transactions of state	3598
agencies, including approving, disapproving, voiding, or	3599
invalidating encumbrances or transactions, except those in the	3600
judicial and legislative branches, by:	3601

(A) Requiring encumbrancing documents or any other financial	3602
information to be submitted to the director~~, where such submission~~	3603
~~is prescribed by law or where the director considers such~~	3604
~~submission necessary~~ to evaluate the legality of ~~a proposed~~an	3605
expenditure, ~~and by approving or disapproving any encumbrance~~	3606
~~requested,~~ except that the director shall not disapprove any	3607
encumbrancing document submitted by the attorney general, auditor	3608
of state, secretary of state, or treasurer of state unless there	3609
is an insufficient unobligated balance in the appropriation or the	3610
encumbrance does not meet all other legal requirements. Those	3611
portions of an appropriation that are encumbered are not available	3612
for expenditure for any purpose other than that indicated on the	3613
encumbrancing document. If any requirements of the director	3614
regarding the submission of encumbrancing documents or other	3615
financial information are not complied with, or if any	3616
encumbrancing document is disapproved in whole or in part, the	3617
director shall notify the submitting agency thereof and shall not	3618
authorize payment unless the reasons for disapproval are	3619
corrected.	3620

(B) Requiring the allocation and allotment of any	3621
appropriation by quarter or by any other period of time.	3622

(C) Reporting to the attorney general for such action, civil	3623
or criminal, as the attorney general considers necessary, all	3624
facts showing improper payment of public money or misappropriation	3625
of public property;	3626

(D) By adopting rules for carrying into effect any powers	3627
granted by this chapter.	3628

Sec. 126.16. (A) This section is in implementation of	3629
division (D) of Section 17 of Article VIII, Ohio Constitution, for	3630
purposes of issuing direct obligations of the state subject to	3631
that section.	3632

(B) For purposes of the computation of debt service under	3633
Section 17 of Article VIII, Ohio Constitution, there shall be	3634
included debt service payable on bonds that are direct obligations	3635
of the state issued under Article VIII, Ohio Constitution, and on	3636
those bonds anticipated by bond anticipation notes, to the extent	3637
that debt service on those bonds is anticipated to be paid from	3638
the state general revenue fund or net state lottery proceeds.	3639
Examples of bonds the debt service on which is not anticipated to	3640
be paid from either of those sources are bonds of the state issued	3641
for highway purposes pursuant to Section 2i or 2m of Article VIII,	3642
Ohio Constitution, which, although general obligations of the	3643
state, have been and are anticipated to be paid from highway user	3644
receipts and not from the general revenue fund or net state	3645
lottery proceeds.	3646

(C) If there is no separate constitutional or statutory	3647
provision applicable for the purpose, debt service on bonds	3648
anticipated by bond anticipation notes shall be estimated as	3649
provided in division (C) of this section. That amount, to be	3650
certified either by the issuing authority of the particular notes	3651
or by the governor or the governor's designee pursuant to division	3652
(E) of this section, shall be the estimated amount that would have	3653
been payable on bonds maturing serially in each fiscal year after	3654
the fiscal year of the issuance of the notes over the maximum	3655
period of maturity for the bonds authorized in the particular	3656
governing constitutional or statutory provision, as if those bonds	3657
had been issued without the prior issuance of the notes, and	3658
computed on a substantially level debt service basis applying an	3659
interest rate or rates certified to be market rates at the time of	3660
issuance of the notes.	3661

(D) In the case of bonds issued to refund or retire bonds,	3662
the debt service on the new bonds shall be counted and the debt	3663
service on the bonds being refunded or retired shall not be	3664
counted.	3665

(E) The governor, or the governor's designee for the purpose,	3666
shall determine and certify the fiscal year amounts required to be	3667
applied or set aside for payment of debt service, including debt	3668
service on any variable rate bonds, the securities to which that	3669
debt service relates, the total office of budget and management	3670
estimated revenues of the state for the general revenue fund and	3671
from net state lottery proceeds during the particular fiscal year,	3672
and any other financial data necessary or appropriate for the	3673
purpose of the computations under division (A) of Section 17 of	3674
Article VIII, Ohio Constitution, and this section. Those	3675
determinations and certifications shall be filed with the director	3676
of budget and management, the treasurer of state, and the issuing	3677
authority for the particular obligations, at or prior to the time	3678
those securities are issued. The governor's designee for the	3679
purpose may be the director or assistant director of budget and	3680
management, or any employee or official of the governor's office.	3681

(F) For purposes of this section, "securities," "interest or	3682
interest equivalent," and "outstanding" have the same meanings as	3683
in section 133.01 of the Revised Code, and "debt service" means	3684
principal, including any mandatory sinking fund deposits and	3685
mandatory redemption payments, and interest or interest equivalent	3686
payable on securities, as those payments are stated to come due	3687
and to be payable.	3688

(G)(1) As used in this division, "avoided obligations" means	3689
direct obligations of the state that are not issued because the	3690
capital facilities they would have financed are instead paid for	3691
with the proceeds of obligations issued under division (C) of	3692
section 183.51 of the Revised Code.	3693

(2) For purposes of computing the limitation on issuing	3694
direct obligations of the state under this section and Section 17	3695
of Article VIII, Ohio Constitution, any avoided obligations shall	3696
be considered as having been issued. The fiscal year amounts that	3697
would have been required to be applied or set aside for payment of	3698
debt service over the maximum period of maturity of the avoided	3699
obligations had the avoided obligations been issued shall be	3700
included in the computations.	3701

Sec. 126.21. (A) The director of budget and management shall	3702
do all of the following:	3703

(1) Keep all necessary accounting records;

3704

(2) Prescribe and maintain the accounting system of the state	3705
and establish appropriate accounting procedures and charts of	3706
accounts;	3707

(3) Establish procedures for the use of written, electronic,	3708
optical, or other communications media for approving and reviewing	3709
payment vouchers;	3710

(4) Reconcile, in the case of any variation between the	3711
amount of any appropriation and the aggregate amount of items of	3712
the appropriation, with the advice and assistance of the state	3713
agency affected by it and the legislative service commission,	3714
totals so as to correspond in the aggregate with the total	3715
appropriation. In the case of a conflict between the item and the	3716
total of which it is a part, the item shall be considered the	3717
intended appropriation.	3718

(5) Evaluate on an ongoing basis and, if necessary, recommend	3719
improvements to the internal controls used in state agencies;	3720

(6) Authorize the establishment of petty cash accounts. The	3721
director ~~of budget and management~~ may withdraw approval for any	3722
petty cash account and require the officer in charge to return to	3723
the state treasury any unexpended balance shown by the officer's	3724
accounts to be on hand. Any officer who is issued a warrant for	3725
petty cash shall render a detailed account of the expenditures of	3726
the petty cash and shall report when requested the balance of	3727
petty cash on hand at any time.	3728

(7) Process orders, invoices, vouchers, claims, and payrolls	3729
and prepare financial reports and statements;	3730

(8) Perform extensions, reviews, and compliance checks prior	3731
to or after approving a payment as the director considers	3732
necessary;	3733

(9) Issue the official comprehensive annual financial report	3734
of the state. The report shall cover all funds of the state	3735
reporting entity and shall include basic financial statements and	3736
required supplementary information prepared in accordance with	3737
generally accepted accounting principles and other information as	3738
the director provides. All state agencies, authorities,	3739
institutions, offices, retirement systems, and other component	3740
units of the state reporting entity as determined by the director	3741
shall furnish the director whatever financial statements and other	3742
information the director requests for the report, in the form, at	3743
the times, covering the periods, and with the attestation the	3744
director prescribes. The information for state institutions of	3745
higher education, as defined in section 3345.011 of the Revised	3746
Code, shall be submitted to the ~~director~~chancellor by the Ohio	3747
board of regents. The board shall establish a due date by which	3748
each such institution shall submit the information to the board,	3749
but no such date shall be later than one hundred twenty days after	3750
the end of the state fiscal year unless a later date is approved	3751
by the director.	3752

(B) In addition to the director's duties under division (A)	3753
of this section, the director ~~of budget and management~~ may	3754
establish and administer one or more state payment card programs	3755
that permit or require state agencies to use a payment card to	3756
purchase equipment, materials, supplies, or services in accordance	3757
with guidelines issued by the director. The chief administrative	3758
officer of a state agency that uses a payment card for such	3759
purposes shall ensure that purchases made with the card are made	3760
in accordance with the guidelines issued by the director and do	3761
not exceed the unexpended, unencumbered, unobligated balance in	3762
the appropriation to be charged for the purchase. State agencies	3763
may ~~only~~ participate in only those state payment card programs	3764
that the director establishes pursuant to this section.	3765

(C) In addition to the director's duties under divisions (A)	3766
and (B) of this section, the director may enter into any contract	3767
or agreement necessary for and incidental to the performance of	3768
the director's duties or the duties of the office of budget and	3769
management.	3770

Sec. 126.22. The director of budget and management may:

3771

(A) Perform accounting services for and design and implement	3772
accounting systems with state agencies;	3773

(B) Provide other accounting services, including the	3774
maintenance and periodic auditing of the financial records of and	3775
submission of vouchers by state agencies, provision of assistance	3776
in the analysis of the financial position of state agencies, and	3777
preparation and submission of reports;	3778

(C) Change any accounting code appearing in appropriations	3779
acts of the general assembly.	3780

Sec. 126.24. The OAKS support organization fund is hereby	3781
created in the state treasury for the purpose of paying the	3782
operating expenses of the state's enterprise resource planning	3783
system. The fund shall consist of cash transfers from the	3784
accounting and budgeting fund and the human resources services	3785
fund, and other revenues designated to support the operating costs	3786
of the Ohio administrative knowledge system. All investment	3787
earnings of the fund shall be credited to the fund.	3788

Sec. 126.40. There is hereby created in the state treasury	3789
the forgery recovery fund. The fund shall consist of all moneys	3790
collected by the attorney general from the resolution of cases of	3791
fraud or forgery involving warrants issued by the director of the	3792
office of budget and management. The director shall use the fund	3793
to pay costs associated with the reissue of state warrants to	3794
payees whose warrants were fraudulently redeemed.	3795

Sec. 127.16. (A) Upon the request of either a state agency	3796
or the director of budget and management and after the controlling	3797
board determines that an emergency or a sufficient economic reason	3798
exists, the controlling board may approve the making of a purchase	3799
without competitive selection as provided in division (B) of this	3800
section.	3801

(B) Except as otherwise provided in this section, no state	3802
agency, using money that has been appropriated to it directly,	3803
shall:	3804

(1) Make any purchase from a particular supplier, that would	3805
amount to fifty thousand dollars or more when combined with both	3806
the amount of all disbursements to the supplier during the fiscal	3807
year for purchases made by the agency and the amount of all	3808
outstanding encumbrances for purchases made by the agency from the	3809
supplier, unless the purchase is made by competitive selection or	3810
with the approval of the controlling board;	3811

(2) Lease real estate from a particular supplier, if the	3812
lease would amount to seventy-five thousand dollars or more when	3813
combined with both the amount of all disbursements to the supplier	3814
during the fiscal year for real estate leases made by the agency	3815
and the amount of all outstanding encumbrances for real estate	3816
leases made by the agency from the supplier, unless the lease is	3817
made by competitive selection or with the approval of the	3818
controlling board.	3819

(C) Any person who authorizes a purchase in violation of	3820
division (B) of this section shall be liable to the state for any	3821
state funds spent on the purchase, and the attorney general shall	3822
collect the amount from the person.	3823

(D) Nothing in division (B) of this section shall be	3824
construed as:	3825

(1) A limitation upon the authority of the director of	3826
transportation as granted in sections 5501.17, 5517.02, and	3827
5525.14 of the Revised Code;	3828

(2) Applying to medicaid provider agreements under Chapter	3829
5111. of the Revised Code or payments or provider agreements under	3830
the disability medical assistance program established under	3831
Chapter 5115. of the Revised Code;	3832

(3) Applying to the purchase of examinations from a sole	3833
supplier by a state licensing board under Title XLVII of the	3834
Revised Code;	3835

(4) Applying to entertainment contracts for the Ohio state	3836
fair entered into by the Ohio expositions commission, provided	3837
that the controlling board has given its approval to the	3838
commission to enter into such contracts and has approved a total	3839
budget amount for such contracts as agreed upon by commission	3840
action, and that the commission causes to be kept itemized records	3841
of the amounts of money spent under each contract and annually	3842
files those records with the clerk of the house of representatives	3843
and the clerk of the senate following the close of the fair;	3844

(5) Limiting the authority of the chief of the division of	3845
mineral resources management to contract for reclamation work with	3846
an operator mining adjacent land as provided in section 1513.27 of	3847
the Revised Code;	3848

(6) Applying to investment transactions and procedures of any	3849
state agency, except that the agency shall file with the board the	3850
name of any person with whom the agency contracts to make, broker,	3851
service, or otherwise manage its investments, as well as the	3852
commission, rate, or schedule of charges of such person with	3853
respect to any investment transactions to be undertaken on behalf	3854
of the agency. The filing shall be in a form and at such times as	3855
the board considers appropriate.	3856

(7) Applying to purchases made with money for the per cent	3857
for arts program established by section 3379.10 of the Revised	3858
Code;	3859

(8) Applying to purchases made by the rehabilitation services	3860
commission of services, or supplies, that are provided to persons	3861
with disabilities, or to purchases made by the commission in	3862
connection with the eligibility determinations it makes for	3863
applicants of programs administered by the social security	3864
administration;	3865

(9) Applying to payments by the department of job and family	3866
services under section 5111.13 of the Revised Code for group	3867
health plan premiums, deductibles, coinsurance, and other	3868
cost-sharing expenses;	3869

(10) Applying to any agency of the legislative branch of the	3870
state government;	3871

(11) Applying to agreements or contracts entered into under	3872
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	3873
Revised Code;	3874

(12) Applying to purchases of services by the adult parole	3875
authority under section 2967.14 of the Revised Code or by the	3876
department of youth services under section 5139.08 of the Revised	3877
Code;	3878

(13) Applying to dues or fees paid for membership in an	3879
organization or association;	3880

(14) Applying to purchases of utility services pursuant to	3881
section 9.30 of the Revised Code;	3882

(15) Applying to purchases made in accordance with rules	3883
adopted by the department of administrative services of motor	3884
vehicle, aviation, or watercraft fuel, or emergency repairs of	3885
such vehicles;	3886

(16) Applying to purchases of tickets for passenger air	3887
transportation;	3888

(17) Applying to purchases necessary to provide public	3889
notifications required by law or to provide notifications of job	3890
openings;	3891

(18) Applying to the judicial branch of state government;

3892

(19) Applying to purchases of liquor for resale by the	3893
division of liquor control;	3894

(20) Applying to purchases of motor courier and freight	3895
services made in accordance with department of administrative	3896
services rules;	3897

(21) Applying to purchases from the United States postal	3898
service and purchases of stamps and postal meter replenishment	3899
from vendors at rates established by the United States postal	3900
service;	3901

(22) Applying to purchases of books, periodicals, pamphlets,	3902
newspapers, maintenance subscriptions, and other published	3903
materials;	3904

(23) Applying to purchases from other state agencies,	3905
including state-assisted institutions of higher education;	3906

(24) Limiting the authority of the director of environmental	3907
protection to enter into contracts under division (D) of section	3908
3745.14 of the Revised Code to conduct compliance reviews, as	3909
defined in division (A) of that section;	3910

(25) Applying to purchases from a qualified nonprofit agency	3911
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	3912
the Revised Code;	3913

(26) Applying to payments by the department of job and family	3914
services to the United States department of health and human	3915
services for printing and mailing notices pertaining to the tax	3916
refund offset program of the internal revenue service of the	3917
United States department of the treasury;	3918

(27) Applying to contracts entered into by the department of	3919
mental retardation and developmental disabilities under ~~sections~~	3920
section 5123.18~~, 5123.182, and 5123.199~~ of the Revised Code;	3921

(28) Applying to payments made by the department of mental	3922
health under a physician recruitment program authorized by section	3923
5119.101 of the Revised Code;	3924

(29) Applying to contracts entered into with persons by the	3925
director of commerce for unclaimed funds collection and remittance	3926
efforts as provided in division (F) of section 169.03 of the	3927
Revised Code. The director shall keep an itemized accounting of	3928
unclaimed funds collected by those persons and amounts paid to	3929
them for their services.	3930

(30) Applying to purchases made by a state institution of	3931
higher education in accordance with the terms of a contract	3932
between the vendor and an inter-university purchasing group	3933
comprised of purchasing officers of state institutions of higher	3934
education;	3935

(31) Applying to the department of job and family services'	3936
purchases of health assistance services under the children's	3937
health insurance program part I provided for under section 5101.50	3938
of the Revised Code,or the children's health insurance program	3939
part II provided for under section 5101.51 of the Revised Code, or	3940
the children's health insurance program part III provided for	3941
under section 5101.52 of the Revised Code;	3942

(32) Applying to payments by the attorney general from the	3943
reparations fund to hospitals and other emergency medical	3944
facilities for performing medical examinations to collect physical	3945
evidence pursuant to section 2907.28 of the Revised Code;	3946

(33) Applying to contracts with a contracting authority or	3947
administrative receiver under division (B) of section 5126.056 of	3948
the Revised Code;	3949

(34) Applying to reimbursements paid to the United States	3950
department of veterans affairs for pharmaceutical and patient	3951
supply purchases made on behalf of the Ohio veterans' home agency;	3952

(35) Applying to agreements entered into with terminal	3953
distributors of dangerous drugs under section 173.79 of the	3954
Revised Code;	3955

(36) Applying to payments by the superintendent of the bureau	3956
of criminal identification and investigation to the federal bureau	3957
of investigation for criminal records checks pursuant to section	3958
109.572 of the Revised Code.	3959

(E) Notwithstanding division (B)(1) of this section, the	3960
cumulative purchase threshold shall be seventy-five thousand	3961
dollars for the departments of mental retardation and	3962
developmental disabilities, mental health, rehabilitation and	3963
correction, and youth services.	3964

(F) When determining whether a state agency has reached the	3965
cumulative purchase thresholds established in divisions (B)(1),	3966
(B)(2), and (E) of this section, all of the following purchases by	3967
such agency shall not be considered:	3968

(1) Purchases made through competitive selection or with	3969
controlling board approval;	3970

(2) Purchases listed in division (D) of this section;

3971

(3) For the purposes of the thresholds of divisions (B)(1)	3972
and (E) of this section only, leases of real estate.	3973

(G) As used in this section, "competitive selection,"	3974
"purchase," "supplies," and "services" have the same meanings as	3975
in section 125.01 of the Revised Code.	3976

Sec. 131.44. (A) As used in this section:

3977

(1) "Surplus revenue" means the excess, if any, of the total	3978
fund balance over the required year-end balance.	3979

(2) "Total fund balance" means the sum of the unencumbered	3980
balance in the general revenue fund on the last day of the	3981
preceding fiscal year plus the balance in the budget stabilization	3982
fund.	3983

(3) "Required year-end balance" means the sum of the	3984
following:	3985

(a) Five per cent of the general revenue fund revenues for	3986
the preceding fiscal year;	3987

(b) "Ending fund balance," which means one-half of one per	3988
cent of general revenue fund revenues for the preceding fiscal	3989
year;	3990

(c) "Carryover balance," which means, with respect to a	3991
fiscal biennium, the excess, if any, of the estimated general	3992
revenue fund appropriation and transfer requirement for the second	3993
fiscal year of the biennium over the estimated general revenue	3994
fund revenue for that fiscal year;	3995

(d) "Capital appropriation reserve," which means the amount,	3996
if any, of general revenue fund capital appropriations made for	3997
the current biennium that the director of budget and management	3998
has determined will be encumbered or disbursed;	3999

(e) "Income tax reduction impact reserve," which means an	4000
amount equal to the reduction projected by the director of budget	4001
and management in income tax revenue in the current fiscal year	4002
attributable to the previous reduction in the income tax rate made	4003
by the tax commissioner pursuant to division (B) of section	4004
5747.02 of the Revised Code.	4005

(4) "Estimated general revenue fund appropriation and	4006
transfer requirement" means the most recent adjusted	4007
appropriations made by the general assembly from the general	4008
revenue fund and includes both of the following:	4009

(a) Appropriations made and transfers of appropriations from	4010
the first fiscal year to the second fiscal year of the biennium in	4011
provisions of acts of the general assembly signed by the governor	4012
but not yet effective;	4013

(b) Transfers of appropriation from the first fiscal year to	4014
the second fiscal year of the biennium approved by the controlling	4015
board.	4016

(5) "Estimated general revenue fund revenue" means the most	4017
recent such estimate available to the director of budget and	4018
management.	4019

(B)(1) Not later than the thirty-first day of July each year,	4020
the director of budget and management shall determine the surplus	4021
revenue that existed on the preceding thirtieth day of June and	4022
transfer from the general revenue fund, to the extent of the	4023
unobligated, unencumbered balance on the preceding thirtieth day	4024
of June in excess of one-half of one per cent of the general	4025
revenue fund revenues in the preceding fiscal year, the following:	4026

(a) First, to the budget stabilization fund, any amount	4027
necessary for the balance of the budget stabilization fund to	4028
equal five per cent of the general revenue fund revenues of the	4029
preceding fiscal year;	4030

(b) Then, to the income tax reduction fund, which is hereby	4031
created in the state treasury, an amount equal to the surplus	4032
revenue.	4033

(2) Not later than the thirty-first day of July each year,	4034
the director shall determine the percentage that the balance in	4035
the income tax reduction fund is of the amount of revenue that the	4036
director estimates will be received from the tax levied under	4037
section 5747.02 of the Revised Code in the current fiscal year	4038
without regard to any reduction under division (B) of that	4039
section. If that percentage exceeds thirty-five one hundredths of	4040
one per cent, the director shall certify the percentage to the tax	4041
commissioner not later than the thirty-first day of July.	4042

(C) The director of budget and management shall transfer	4043
money in the income tax reduction fund to the general revenue	4044
fund, the local government fund, and the library and local	4045
government support fund~~, and the local government revenue~~	4046
~~assistance fund~~ as necessary to offset revenue reductions	4047
resulting from the reductions in taxes required under division (B)	4048
of section 5747.02 of the Revised Code in the respective amounts	4049
and percentages prescribed by ~~divisions~~division (A)~~(1), (2), and~~	4050
~~(4)~~ of section 5747.03 and divisions (A) and (B) of section 131.51	4051
of the Revised Code as if the amount transferred had been	4052
collected as taxes under Chapter 5747. of the Revised Code. If no	4053
reductions in taxes are made under that division that affect	4054
revenue received in the current fiscal year, the director shall	4055
not transfer money from the income tax reduction fund to the	4056
general revenue fund, the local government fund, and the library	4057
and local government support fund~~, and the local government~~	4058
~~revenue assistance fund~~.	4059

Sec. 131.51. (A) Beginning January 2008, on or before the	4060
fifth day of each month, the director of budget and management	4061
shall credit to the local government fund three and sixty-eight	4062
one hundredths per cent of total tax revenue credited to the	4063
general revenue fund during the preceding month. In determining	4064
the total tax revenue credited to the general revenue fund during	4065
the preceding month, the director shall include amounts	4066
transferred from that fund during the preceding month pursuant to	4067
divisions (A) and (B) of this section. Money shall be distributed	4068
from the local government fund as required under section 5747.50	4069
of the Revised Code during the same month in which it is credited	4070
to the fund.	4071

(B) Beginning January 2008, on or before the fifth day of	4072
each month, the director of budget and management shall credit to	4073
the library and local government support fund, two and twenty-two	4074
one hundredths per cent of the total tax revenue credited to the	4075
general revenue fund during the preceding month. In determining	4076
the total tax revenue credited to the general revenue fund during	4077
the preceding month, the director shall include amounts	4078
transferred from that fund during the preceding month pursuant to	4079
divisions (A) and (B) of this section. Money shall be distributed	4080
from the library and local government support fund as required	4081
under section 5747.47 of the Revised Code during the same month in	4082
which it is credited to the fund.	4083

(C) The director of budget and management shall develop a	4084
schedule identifying the specific tax revenue sources to be used	4085
to make the monthly transfers required under divisions (A) and (B)	4086
of this section. The director may, from time to time, revise the	4087
schedule as the director considers necessary.	4088

Sec. 133.01. As used in this chapter, in sections 9.95,	4089
9.96, and 2151.655 of the Revised Code, in other sections of the	4090
Revised Code that make reference to this chapter unless the	4091
context does not permit, and in related proceedings, unless	4092
otherwise expressly provided:	4093

(A) "Acquisition" as applied to real or personal property	4094
includes, among other forms of acquisition, acquisition by	4095
exercise of a purchase option, and acquisition of interests in	4096
property, including, without limitation, easements and	4097
rights-of-way, and leasehold and other lease interests initially	4098
extending or extendable for a period of at least sixty months.	4099

(B) "Anticipatory securities" means securities, including	4100
notes, issued in anticipation of the issuance of other securities.	4101

(C) "Board of elections" means the county board of elections	4102
of the county in which the subdivision is located. If the	4103
subdivision is located in more than one county, "board of	4104
elections" means the county board of elections of the county that	4105
contains the largest portion of the population of the subdivision	4106
or that otherwise has jurisdiction in practice over and	4107
customarily handles election matters relating to the subdivision.	4108

(D) "Bond retirement fund" means the bond retirement fund	4109
provided for in section 5705.09 of the Revised Code, and also	4110
means a sinking fund or any other special fund, regardless of the	4111
name applied to it, established by or pursuant to law or the	4112
proceedings for the payment of debt charges. Provision may be made	4113
in the applicable proceedings for the establishment in a bond	4114
retirement fund of separate accounts relating to debt charges on	4115
particular securities, or on securities payable from the same or	4116
common sources, and for the application of moneys in those	4117
accounts only to specified debt charges on specified securities or	4118
categories of securities. Subject to law and any provisions in the	4119
applicable proceedings, moneys in a bond retirement fund or	4120
separate account in a bond retirement fund may be transferred to	4121
other funds and accounts.	4122

(E) "Capitalized interest" means all or a portion of the	4123
interest payable on securities from their date to a date stated or	4124
provided for in the applicable legislation, which interest is to	4125
be paid from the proceeds of the securities.	4126

(F) "Chapter 133. securities" means securities authorized by	4127
or issued pursuant to or in accordance with this chapter.	4128

(G) "County auditor" means the county auditor of the county	4129
in which the subdivision is located. If the subdivision is located	4130
in more than one county, "county auditor" means the county auditor	4131
of the county that contains the highest amount of the tax	4132
valuation of the subdivision or that otherwise has jurisdiction in	4133
practice over and customarily handles property tax matters	4134
relating to the subdivision. In the case of a county that has	4135
adopted a charter, "county auditor" means the officer who	4136
generally has the duties and functions provided in the Revised	4137
Code for a county auditor.	4138

(H) "Credit enhancement facilities" means letters of credit,	4139
lines of credit, stand-by, contingent, or firm securities purchase	4140
agreements, insurance, or surety arrangements, guarantees, and	4141
other arrangements that provide for direct or contingent payment	4142
of debt charges, for security or additional security in the event	4143
of nonpayment or default in respect of securities, or for making	4144
payment of debt charges to and at the option and on demand of	4145
securities holders or at the option of the issuer or upon certain	4146
conditions occurring under put or similar arrangements, or for	4147
otherwise supporting the credit or liquidity of the securities,	4148
and includes credit, reimbursement, marketing, remarketing,	4149
indexing, carrying, interest rate hedge, and subrogation	4150
agreements, and other agreements and arrangements for payment and	4151
reimbursement of the person providing the credit enhancement	4152
facility and the security for that payment and reimbursement.	4153

(I) "Current operating expenses" or "current expenses" means	4154
the lawful expenditures of a subdivision, except those for	4155
permanent improvements and for payments of debt charges of the	4156
subdivision.	4157

(J) "Debt charges" means the principal, including any	4158
mandatory sinking fund deposits and mandatory redemption payments,	4159
interest, and any redemption premium, payable on securities as	4160
those payments come due and are payable. The use of "debt charges"	4161
for this purpose does not imply that any particular securities	4162
constitute debt within the meaning of the Ohio Constitution or	4163
other laws.	4164

(K) "Financing costs" means all costs and expenses relating	4165
to the authorization, including any required election, issuance,	4166
sale, delivery, authentication, deposit, custody, clearing,	4167
registration, transfer, exchange, fractionalization, replacement,	4168
payment, and servicing of securities, including, without	4169
limitation, costs and expenses for or relating to publication and	4170
printing, postage, delivery, preliminary and final official	4171
statements, offering circulars, and informational statements,	4172
travel and transportation, underwriters, placement agents,	4173
investment bankers, paying agents, registrars, authenticating	4174
agents, remarketing agents, custodians, clearing agencies or	4175
corporations, securities depositories, financial advisory	4176
services, certifications, audits, federal or state regulatory	4177
agencies, accounting and computation services, legal services and	4178
obtaining approving legal opinions and other legal opinions,	4179
credit ratings, redemption premiums, and credit enhancement	4180
facilities. Financing costs may be paid from any moneys available	4181
for the purpose, including, unless otherwise provided in the	4182
proceedings, from the proceeds of the securities to which they	4183
relate and, as to future financing costs, from the same sources	4184
from which debt charges on the securities are paid and as though	4185
debt charges.	4186

(L) "Fiscal officer" means the following, or, in the case of	4187
absence or vacancy in the office, a deputy or assistant authorized	4188
by law or charter to act in the place of the named officer, or if	4189
there is no such authorization then the deputy or assistant	4190
authorized by legislation to act in the place of the named officer	4191
for purposes of this chapter, in the case of the following	4192
subdivisions:	4193

(1) A county, the county auditor;

4194

(2) A municipal corporation, the city auditor or village	4195
clerk or clerk-treasurer, or the officer who, by virtue of a	4196
charter, has the duties and functions provided in the Revised Code	4197
for the city auditor or village clerk or clerk-treasurer;	4198

(3) A school district, the treasurer of the board of	4199
education;	4200

(4) A regional water and sewer district, the secretary of the	4201
board of trustees;	4202

(5) A joint township hospital district, the treasurer of the	4203
district;	4204

(6) A joint ambulance district, the clerk of the board of	4205
trustees;	4206

(7) A joint recreation district, the person designated	4207
pursuant to section 755.15 of the Revised Code;	4208

(8) A detention facility district or a district organized	4209
under section 2151.65 of the Revised Code or a combined district	4210
organized under sections 2152.41 and 2151.65 of the Revised Code,	4211
the county auditor of the county designated by law to act as the	4212
auditor of the district;	4213

(9) A township, a fire district organized under division (C)	4214
of section 505.37 of the Revised Code, or a township police	4215
district, the fiscal officer of the township;	4216

(10) A joint fire district, the clerk of the board of	4217
trustees of that district;	4218

(11) A regional or county library district, the person	4219
responsible for the financial affairs of that district;	4220

(12) A joint solid waste management district, the fiscal	4221
officer appointed by the board of directors of the district under	4222
section 343.01 of the Revised Code;	4223

(13) A joint emergency medical services district, the person	4224
appointed as fiscal officer pursuant to division (D) of section	4225
307.053 of the Revised Code;	4226

(14) A fire and ambulance district, the person appointed as	4227
fiscal officer under division (B) of section 505.375 of the	4228
Revised Code;	4229

(15) A subdivision described in division (MM)(17) of this	4230
section, the officer who is designated by law as or performs the	4231
functions of its chief fiscal officer.	4232

(M) "Fiscal year" has the same meaning as in section 9.34 of	4233
the Revised Code.	4234

(N) "Fractionalized interests in public obligations" means	4235
participations, certificates of participation, shares, or other	4236
instruments or agreements, separate from the public obligations	4237
themselves, evidencing ownership of interests in public	4238
obligations or of rights to receive payments of, or on account of,	4239
principal or interest or their equivalents payable by or on behalf	4240
of an obligor pursuant to public obligations.	4241

(O) "Fully registered securities" means securities in	4242
certificated or uncertificated form, registered as to both	4243
principal and interest in the name of the owner.	4244

(P) "Fund" means to provide for the payment of debt charges	4245
and expenses related to that payment at or prior to retirement by	4246
purchase, call for redemption, payment at maturity, or otherwise.	4247

(Q) "General obligation" means securities to the payment of	4248
debt charges on which the full faith and credit and the general	4249
property taxing power, including taxes within the tax limitation	4250
if available to the subdivision, of the subdivision are pledged.	4251

(R) "Interest" or "interest equivalent" means those payments	4252
or portions of payments, however denominated, that constitute or	4253
represent consideration for forbearing the collection of money, or	4254
for deferring the receipt of payment of money to a future time.	4255

(S) "Internal Revenue Code" means the "Internal Revenue Code	4256
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	4257
includes any laws of the United States providing for application	4258
of that code.	4259

(T) "Issuer" means any public issuer and any nonprofit	4260
corporation authorized to issue securities for or on behalf of any	4261
public issuer.	4262

(U) "Legislation" means an ordinance or resolution passed by	4263
a majority affirmative vote of the then members of the taxing	4264
authority unless a different vote is required by charter	4265
provisions governing the passage of the particular legislation by	4266
the taxing authority.	4267

(V) "Mandatory sinking fund redemption requirements" means	4268
amounts required by proceedings to be deposited in a bond	4269
retirement fund for the purpose of paying in any year or fiscal	4270
year by mandatory redemption prior to stated maturity the	4271
principal of securities that is due and payable, except for	4272
mandatory prior redemption requirements as provided in those	4273
proceedings, in a subsequent year or fiscal year.	4274

(W) "Mandatory sinking fund requirements" means amounts	4275
required by proceedings to be deposited in a year or fiscal year	4276
in a bond retirement fund for the purpose of paying the principal	4277
of securities that is due and payable in a subsequent year or	4278
fiscal year.	4279

(X) "Net indebtedness" has the same meaning as in division	4280
(A) of section 133.04 of the Revised Code.	4281

(Y) "Obligor," in the case of securities or fractionalized	4282
interests in public obligations issued by another person the debt	4283
charges or their equivalents on which are payable from payments	4284
made by a public issuer, means that public issuer.	4285

(Z) "One purpose" relating to permanent improvements means	4286
any one permanent improvement or group or category of permanent	4287
improvements for the same utility, enterprise, system, or project,	4288
development or redevelopment project, or for or devoted to the	4289
same general purpose, function, or use or for which	4290
self-supporting securities, based on the same or different sources	4291
of revenues, may be issued or for which special assessments may be	4292
levied by a single ordinance or resolution. "One purpose"	4293
includes, but is not limited to, in any case any off-street	4294
parking facilities relating to another permanent improvement, and:	4295

(1) Any number of roads, highways, streets, bridges,	4296
sidewalks, and viaducts;	4297

(2) Any number of off-street parking facilities;

4298

(3) In the case of a county, any number of permanent	4299
improvements for courthouse, jail, county offices, and other	4300
county buildings, and related facilities;	4301

(4) In the case of a school district, any number of	4302
facilities and buildings for school district purposes, and related	4303
facilities.	4304

(AA) "Outstanding," referring to securities, means securities	4305
that have been issued, delivered, and paid for, except any of the	4306
following:	4307

(1) Securities canceled upon surrender, exchange, or	4308
transfer, or upon payment or redemption;	4309

(2) Securities in replacement of which or in exchange for	4310
which other securities have been issued;	4311

(3) Securities for the payment, or redemption or purchase for	4312
cancellation prior to maturity, of which sufficient moneys or	4313
investments, in accordance with the applicable legislation or	4314
other proceedings or any applicable law, by mandatory sinking fund	4315
redemption requirements, mandatory sinking fund requirements, or	4316
otherwise, have been deposited, and credited for the purpose in a	4317
bond retirement fund or with a trustee or paying or escrow agent,	4318
whether at or prior to their maturity or redemption, and, in the	4319
case of securities to be redeemed prior to their stated maturity,	4320
notice of redemption has been given or satisfactory arrangements	4321
have been made for giving notice of that redemption, or waiver of	4322
that notice by or on behalf of the affected security holders has	4323
been filed with the subdivision or its agent for the purpose.	4324

(BB) "Paying agent" means the one or more banks, trust	4325
companies, or other financial institutions or qualified persons,	4326
including an appropriate office or officer of the subdivision,	4327
designated as a paying agent or place of payment of debt charges	4328
on the particular securities.	4329

(CC) "Permanent improvement" or "improvement" means any	4330
property, asset, or improvement certified by the fiscal officer,	4331
which certification is conclusive, as having an estimated life or	4332
period of usefulness of five years or more, and includes, but is	4333
not limited to, real estate, buildings, and personal property and	4334
interests in real estate, buildings, and personal property,	4335
equipment, furnishings, and site improvements, and reconstruction,	4336
rehabilitation, renovation, installation, improvement,	4337
enlargement, and extension of property, assets, or improvements so	4338
certified as having an estimated life or period of usefulness of	4339
five years or more. The acquisition of all the stock ownership of	4340
a corporation is the acquisition of a permanent improvement to the	4341
extent that the value of that stock is represented by permanent	4342
improvements. A permanent improvement for parking, highway, road,	4343
and street purposes includes resurfacing, but does not include	4344
ordinary repair.	4345

(DD) "Person" has the same meaning as in section 1.59 of the	4346
Revised Code and also includes any federal, state, interstate,	4347
regional, or local governmental agency, any subdivision, and any	4348
combination of those persons.	4349

(EE) "Proceedings" means the legislation, certifications,	4350
notices, orders, sale proceedings, trust agreement or indenture,	4351
mortgage, lease, lease-purchase agreement, assignment, credit	4352
enhancement facility agreements, and other agreements,	4353
instruments, and documents, as amended and supplemented, and any	4354
election proceedings, authorizing, or providing for the terms and	4355
conditions applicable to, or providing for the security or sale or	4356
award of, public obligations, and includes the provisions set	4357
forth or incorporated in those public obligations and proceedings.	4358

(FF) "Public issuer" means any of the following that is	4359
authorized by law to issue securities or enter into public	4360
obligations:	4361

(1) The state, including an agency, commission, officer,	4362
institution, board, authority, or other instrumentality of the	4363
state;	4364

(2) A taxing authority, subdivision, district, or other local	4365
public or governmental entity, and any combination or consortium,	4366
or public division, district, commission, authority, department,	4367
board, officer, or institution, thereof;	4368

(3) Any other body corporate and politic, or other public	4369
entity.	4370

(GG) "Public obligations" means both of the following:

4371

(1) Securities;

4372

(2) Obligations of a public issuer to make payments under	4373
installment sale, lease, lease purchase, or similar agreements,	4374
which obligations bear interest or interest equivalent.	4375

(HH) "Refund" means to fund and retire outstanding	4376
securities, including advance refunding with or without payment or	4377
redemption prior to maturity.	4378

(II) "Register" means the books kept and maintained by the	4379
registrar for registration, exchange, and transfer of registered	4380
securities.	4381

(JJ) "Registrar" means the person responsible for keeping the	4382
register for the particular registered securities, designated by	4383
or pursuant to the proceedings.	4384

(KK) "Securities" means bonds, notes, certificates of	4385
indebtedness, commercial paper, and other instruments in writing,	4386
including, unless the context does not admit, anticipatory	4387
securities, issued by an issuer to evidence its obligation to	4388
repay money borrowed, or to pay interest, by, or to pay at any	4389
future time other money obligations of, the issuer of the	4390
securities, but not including public obligations described in	4391
division (GG)(2) of this section.	4392

(LL) "Self-supporting securities" means securities or	4393
portions of securities issued for the purpose of paying costs of	4394
permanent improvements to the extent that receipts of the	4395
subdivision, other than the proceeds of taxes levied by that	4396
subdivision, derived from or with respect to the improvements or	4397
the operation of the improvements being financed, or the	4398
enterprise, system, project, or category of improvements of which	4399
the improvements being financed are part, are estimated by the	4400
fiscal officer to be sufficient to pay the current expenses of	4401
that operation or of those improvements or enterprise, system,	4402
project, or categories of improvements and the debt charges	4403
payable from those receipts on securities issued for the purpose.	4404
Until such time as the improvements or increases in rates and	4405
charges have been in operation or effect for a period of at least	4406
six months, the receipts therefrom, for purposes of this	4407
definition, shall be those estimated by the fiscal officer, except	4408
that those receipts may include, without limitation, payments made	4409
and to be made to the subdivision under leases or agreements in	4410
effect at the time the estimate is made. In the case of an	4411
operation, improvements, or enterprise, system, project, or	4412
category of improvements without at least a six-month history of	4413
receipts, the estimate of receipts by the fiscal officer, other	4414
than those to be derived under leases and agreements then in	4415
effect, shall be confirmed by the taxing authority.	4416

(MM) "Subdivision" means any of the following:

4417

(1) A county, including a county that has adopted a charter	4418
under Article X, Ohio Constitution;	4419

(2) A municipal corporation, including a municipal	4420
corporation that has adopted a charter under Article XVIII, Ohio	4421
Constitution;	4422

(3) A school district;

4423

(4) A regional water and sewer district organized under	4424
Chapter 6119. of the Revised Code;	4425

(5) A joint township hospital district organized under	4426
section 513.07 of the Revised Code;	4427

(6) A joint ambulance district organized under section 505.71	4428
of the Revised Code;	4429

(7) A joint recreation district organized under division (C)	4430
of section 755.14 of the Revised Code;	4431

(8) A detention facility district organized under section	4432
2152.41, a district organized under section 2151.65, or a combined	4433
district organized under sections 2152.41 and 2151.65 of the	4434
Revised Code;	4435

(9) A township police district organized under section 505.48	4436
of the Revised Code;	4437

(10) A township;

4438

(11) A joint fire district organized under section 505.371 of	4439
the Revised Code;	4440

(12) A county library district created under section 3375.19	4441
or a regional library district created under section 3375.28 of	4442
the Revised Code;	4443

(13) A joint solid waste management district organized under	4444
section 343.01 or 343.012 of the Revised Code;	4445

(14) A joint emergency medical services district organized	4446
under section 307.052 of the Revised Code;	4447

(15) A fire and ambulance district organized under section	4448
505.375 of the Revised Code;	4449

(16) A fire district organized under division (C) of section	4450
505.37 of the Revised Code;	4451

(17) Any other political subdivision or taxing district or	4452
other local public body or agency authorized by this chapter or	4453
other laws to issue Chapter 133. securities.	4454

(NN) "Taxing authority" means in the case of the following	4455
subdivisions:	4456

(1) A county, a county library district, or a regional	4457
library district, the board or boards of county commissioners, or	4458
other legislative authority of a county that has adopted a charter	4459
under Article X, Ohio Constitution, but with respect to such a	4460
library district acting solely as agent for the board of trustees	4461
of that district;	4462

(2) A municipal corporation, the legislative authority;

4463

(3) A school district, the board of education;

4464

(4) A regional water and sewer district, a joint ambulance	4465
district, a joint recreation district, a fire and ambulance	4466
district, or a joint fire district, the board of trustees of the	4467
district;	4468

(5) A joint township hospital district, the joint township	4469
hospital board;	4470

(6) A detention facility district or a district organized	4471
under section 2151.65 of the Revised Code, a combined district	4472
organized under sections 2152.41 and 2151.65 of the Revised Code,	4473
or a joint emergency medical services district, the joint board of	4474
county commissioners;	4475

(7) A township, a fire district organized under division (C)	4476
of section 505.37 of the Revised Code, or a township police	4477
district, the board of township trustees;	4478

(8) A joint solid waste management district organized under	4479
section 343.01 or 343.012 of the Revised Code, the board of	4480
directors of the district;	4481

(9) A subdivision described in division (MM)(17) of this	4482
section, the legislative or governing body or official.	4483

(OO) "Tax limitation" means the "ten-mill limitation" as	4484
defined in section 5705.02 of the Revised Code without diminution	4485
by reason of section 5705.313 of the Revised Code or otherwise,	4486
or, in the case of a municipal corporation or county with a	4487
different charter limitation on property taxes levied to pay debt	4488
charges on unvoted securities, that charter limitation. Those	4489
limitations shall be respectively referred to as the "ten-mill	4490
limitation" and the "charter tax limitation."	4491

(PP) "Tax valuation" means the aggregate of the valuations of	4492
property subject to ad valorem property taxation by the	4493
subdivision on the real property, personal property, and public	4494
utility property tax lists and duplicates most recently certified	4495
for collection, and shall be calculated without deductions of the	4496
valuations of otherwise taxable property exempt in whole or in	4497
part from taxation by reason of exemptions of certain amounts of	4498
taxable value under division (C) of section 5709.01 or, tax	4499
reductions under section 323.152 of the Revised Code, or similar	4500
laws now or in the future in effect.	4501

For purposes of section 133.06 of the Revised Code, "tax	4502
valuation" shall not include the valuation of tangible personal	4503
property used in business, telephone or telegraph property,	4504
interexchange telecommunications company property, or personal	4505
property owned or leased by a railroad company and used in	4506
railroad operations listed under or described in section 5711.22,	4507
division (B) or (F) of section 5727.111, or section 5727.12 of the	4508
Revised Code.	4509

(QQ) "Year" means the calendar year.

4510

(RR) "Administrative agent," "agent," "commercial paper,"	4511
"floating rate interest structure," "indexing agent," "interest	4512
rate hedge," "interest rate period," "put arrangement," and	4513
"remarketing agent" have the same meanings as in section 9.98 of	4514
the Revised Code.	4515

(SS) "Sales tax supported" means obligations to the payment	4516
of debt charges on which an additional sales tax or additional	4517
sales taxes have been pledged by the taxing authority of a county	4518
pursuant to section 133.081 of the Revised Code.	4519

Sec. 133.061. (A) This section applies only to a school	4520
district that satisfies all of the following conditions:	4521

(1) The district, prior to the effective date of this	4522
section, undertook a classroom facilities project under section	4523
3318.37 of the Revised Code.	4524

(2) The district will undertake a subsequent classroom	4525
facilities project under section 3318.37 of the Revised Code that	4526
will consist of a single building housing grades six through	4527
twelve.	4528

(3) The district's project described in division (A)(2) of	4529
this section will include locally funded initiatives that are not	4530
required by the Ohio school facilities commission.	4531

(4) The district's project described in division (A)(2) of	4532
this section will commence within two years after the effective	4533
date of this section.	4534

(B) Notwithstanding any other provision of law to the	4535
contrary, a school district to which this section applies may	4536
incur net indebtedness by the issuance of securities in accordance	4537
with the provisions of this chapter in excess of the limit	4538
specified in division (B) or (C) of section 133.06 of the Revised	4539
Code when necessary to raise the school district portion of the	4540
basic project cost and any additional funds necessary to	4541
participate in the classroom facilities project described in	4542
division (A)(2) of this section, including the cost of items	4543
designated by the Ohio school facilities commission as required	4544
locally funded initiatives, the cost for site acquisition, and the	4545
cost of the locally funded initiatives that are not required by	4546
the commission described in division (A)(3) of this section, as	4547
long as the district's total net indebtedness after the issuance	4548
of those securities does not exceed one hundred twenty-five per	4549
cent of the limit prescribed in division (B) of section 133.06 of	4550
the Revised Code and the electors of the district approve the	4551
issuance of those securities.	4552

The school facilities commission shall notify the	4553
superintendent of public instruction whenever a school district	4554
will exceed either limit pursuant to this section.	4555

Sec. 133.081. (A) As used in this section:

4556

(1) "Anticipation notes" means notes issued in anticipation	4557
of the sales tax supported bonds authorized by this section;	4558

(2) "Authorizing proceedings" means the resolution,	4559
legislation, trust agreement, certification, and other agreements,	4560
instruments, and documents, as amended and supplemented,	4561
authorizing, or providing for the security or sale or award of,	4562
sales tax supported bonds, and includes the provisions set forth	4563
or incorporated in those bonds and proceedings;	4564

(3) "County sales tax" means any sales tax levied by the	4565
taxing authority of a county pursuant to section 5739.021 or	4566
5739.026 of the Revised Code, and any tax levied by that taxing	4567
authority upon storage, use, or consumption under section 5741.021	4568
or 5741.023 of the Revised Code. However, "county sales tax" does	4569
not include a sales tax subject to referendum or a sales tax that	4570
was adopted as an emergency measure and is subject to initiative	4571
petition under section 5739.022 of the Revised Code.	4572

(4) "Sales tax supported bonds" means the sales tax supported	4573
bonds authorized by this section, including anticipation notes;	4574

(5) "Refunding bonds" means sales tax supported bonds issued	4575
to provide for the refunding of the sales tax supported bonds	4576
referred to in this section as refunded obligations.	4577

(B) The taxing authority of a county which has levied a	4578
county sales tax for the purpose of providing additional general	4579
revenues of the county pursuant to Chapter 5739. of the Revised	4580
Code may anticipate the receipts of such tax and issue sales tax	4581
supported bonds of the county in the principal amount necessary to	4582
pay the costs of financing any permanent improvement as defined in	4583
division (CC) of section 133.01 of the Revised Code, or to refund	4584
any refunded obligations, provided that the taxing authority	4585
certifies that the annual debt charges on the sales tax supported	4586
bonds, or on the sales tax supported bonds being anticipated by	4587
anticipation notes, do not exceed the estimated annual county	4588
sales tax receipts. The maximum aggregate amount of sales tax	4589
supported bonds that may be outstanding at any time in accordance	4590
with their terms shall not exceed an amount which requires or is	4591
estimated to require payments from sales tax receipts of debt	4592
charges on the sales tax supported bonds, or, in the case of	4593
anticipation notes, projected debt charges on the sales tax	4594
supported bonds anticipated, in any calendar year in an amount	4595
exceeding the county sales tax in anticipation of which the bonds	4596
or anticipation notes are issued as estimated by the fiscal	4597
officer based on general sales tax receipts averaged for the prior	4598
two calendar years prior to the year in which the sales tax	4599
supported bonds are issued, and annualized for any increase in the	4600
county sales tax which may have been levied in part during such	4601
period or levied after such period. A taxing authority may at any	4602
time issue renewal anticipation notes, issue sales tax supported	4603
bonds to pay renewal anticipation notes, and, if it considers	4604
refunding expedient, issue refunding sales tax supported bonds	4605
whether the refunded obligations have or have not matured. The	4606
refunding sales tax supported bonds shall be sold and the proceeds	4607
needed for such purpose applied in the manner provided in the	4608
authorizing proceedings of the taxing authority. The maximum	4609
maturity of sales tax supported bonds shall be calculated by the	4610
fiscal officer in accordance with section 133.20 of the Revised	4611
Code, and such calculation shall be filed with the taxing	4612
authority of the county prior to passage of a bond authorizing	4613
resolution. If the county sales tax pledged to the payment of the	4614
sales tax supported bonds has a stated expiration date, the final	4615
principal maturity date of the sales tax supported bonds shall not	4616
extend beyond the final year of collection of the county sales tax	4617
pledged to the payment of the sales tax supported bonds.	4618

(C) Every issue of sales tax supported bonds outstanding in	4619
accordance with their terms shall be payable out of the sales tax	4620
receipts received by the county or proceeds of sales tax supported	4621
bonds, renewal anticipation notes, or refunding sales tax	4622
supported bonds which may be pledged for such payment in the	4623
authorizing proceedings. The pledge shall be valid and binding	4624
from the time the pledge is made, and the county sales tax	4625
receipts and proceeds so pledged and thereafter received by the	4626
county shall immediately be subject to the lien of that pledge	4627
without any physical delivery of the county sales tax receipts or	4628
proceeds or further act. The lien of any pledge is valid and	4629
binding as against all parties having claims of any kind in tort,	4630
contract, or otherwise against the county, whether or not such	4631
parties have notice of the lien. Neither the resolution nor any	4632
trust agreement by which a pledge is created or further evidenced	4633
need be filed or recorded except in the records of the taxing	4634
authority.	4635

(D) Sales tax supported bonds issued under this section do	4636
not constitute a general obligation debt, or a pledge of the full	4637
faith and credit, of the state, the county, or any other political	4638
subdivision of the state, and the holders or owners of the ~~notes~~	4639
bonds have no right to have taxes levied by the general assembly	4640
or property taxes levied by the taxing authority of any political	4641
subdivision of the state, including the taxing authority of the	4642
county, for the payment of debt charges. Unless paid from other	4643
sources, sales tax supported bonds are payable from the sales tax	4644
receipts pledged for their payment as authorized by this section.	4645
All sales tax supported bonds shall contain on their face a	4646
statement to the effect that the sales tax supported bonds, as to	4647
debt charges, are not debts or obligations of the state and are	4648
not general obligation debts of any political subdivision of the	4649
state, but, unless paid from other sources, are payable from the	4650
sales tax receipts pledged for their payment. The utilization and	4651
pledge of the sales tax receipts and proceeds of sales tax	4652
supported bonds, renewal anticipation notes, or refunding sales	4653
tax supported bonds for the payment of debt charges is determined	4654
by the general assembly to create a special obligation ~~which is~~	4655
~~not a bonded indebtedness subject to Section 11 of Article XII,~~	4656
~~Ohio Constitution~~.	4657

(E) The sales tax supported bonds shall bear such date or	4658
dates, shall be executed in the manner, and shall mature at such	4659
time or times, in the case of any anticipation notes not exceeding	4660
ten years from the date of issue of the original anticipation	4661
notes and in the case of any sales tax supported bonds or of any	4662
refunding sales tax supported bonds, not exceeding the maximum	4663
maturity certified to the taxing authority pursuant to division	4664
(B) of this section, all as the authorizing proceedings may	4665
provide. The sales tax supported bonds shall bear interest at such	4666
rates, or at variable rate or rates changing from time to time, in	4667
accordance with provisions in the authorizing proceedings, be in	4668
such denominations and form, either coupon or registered, carry	4669
such registration privileges, be payable in such medium of payment	4670
and at such place or places, and be subject to such terms of	4671
redemption, as the taxing authority may authorize or provide. The	4672
sales tax supported bonds may be sold at public or private sale,	4673
and at, or at not less than, the price or prices as the taxing	4674
authority determines. If any officer whose signature or a	4675
facsimile of whose signature appears on any sales tax supported	4676
bonds or coupons ceases to be such officer before delivery of the	4677
sales tax supported bonds or anticipation notes, the signature or	4678
facsimile shall nevertheless be sufficient for all purposes as if	4679
that officer had remained in office until delivery of the sales	4680
tax supported bonds. Whether or not the sales tax supported bonds	4681
are of such form and character as to be negotiable instruments	4682
under Title XIII of the Revised Code, the sales tax supported	4683
bonds shall have all the qualities and incidents of negotiable	4684
instruments, subject only to any provisions for registration.	4685
Neither the members of the board of the taxing authority nor any	4686
person executing the sales tax supported bonds shall be liable	4687
personally on the sales tax supported bonds or be subject to any	4688
personal liability or accountability by reason of their issuance.	4689

(F) Notwithstanding any other provision of this section,	4690
sections 9.98 to 9.983, 133.02, 133.70, and 5709.76, and division	4691
(A) of section 133.03 of the Revised Code apply to the sales tax	4692
supported bonds. Sales tax supported bonds issued under this	4693
section need not comply with any other law applicable to notes or	4694
bonds but the authorizing proceedings may provide that divisions	4695
(B) to (E) of section 133.25 of the Revised Code apply to the	4696
sales tax supported bonds or anticipation notes.	4697

(G) Any authorized proceedings may contain provisions,	4698
subject to any agreements with holders as may then exist, which	4699
shall be a part of the contract with the holders, as to the	4700
pledging of any or all of the county's anticipated sales tax	4701
receipts to secure the payment of the sales tax supported bonds;	4702
the use and disposition of the sales tax receipts of the county;	4703
the crediting of the proceeds of the sale of sales tax supported	4704
bonds to and among the funds referred to or provided for in the	4705
authorizing proceedings; limitations on the purpose to which the	4706
proceeds of the sales tax supported bonds may be applied and the	4707
pledging of portions of such proceeds to secure the payment of the	4708
sales tax supported bonds or of anticipation notes; the agreement	4709
of the county to do all things necessary for the authorization,	4710
issuance, and sale of those notes anticipated in such amounts as	4711
may be necessary for the timely payment of debt charges on any	4712
anticipation notes; limitations on the issuance of additional	4713
sales tax supported bonds; the terms upon which additional sales	4714
tax supported bonds may be issued and secured; the refunding of	4715
refunded obligations; the procedure by which the terms of any	4716
contract with holders may be amended, and the manner in which any	4717
required consent to amend may be given; securing any sales tax	4718
supported bonds by a trust agreement or other agreement; and any	4719
other matters, of like or different character, that in any way	4720
affect the security or protection of the sales tax supported bonds	4721
or anticipation notes.	4722

(H) The taxing authority of a county may not repeal, rescind,	4723
or reduce any portion of a county sales tax pledged to the payment	4724
of debt charges on sales tax supported bonds issued by the county	4725
while such sales tax supported bonds remain outstanding, and no	4726
portion of a county sales tax pledged to the payment of debt	4727
charges on sales tax supported bonds shall be subject to repeal or	4728
reduction by the electorate of the county or by the taxing	4729
authority of the county while such sales tax supported bonds are	4730
outstanding.	4731

Sec. 149.311. (A) As used in this section:

4732

(1) "Historic building" means a building, including its	4733
structural components, that is located in this state and that is	4734
either individually listed on the national register of historic	4735
places under 16 U.S.C. 470a, located in a registered historic	4736
district, and certified by the state historic preservation officer	4737
as being of historic significance to the district, or is	4738
individually listed as a historic landmark designated by a local	4739
government certified under 16 U.S.C. 470a(c).	4740

(2) "Qualified rehabilitation expenditures" means	4741
expenditures paid or incurred during the rehabilitation period,	4742
and before and after that period as determined under 26 U.S.C. 47,	4743
by an owner of a historic building to rehabilitate the building.	4744
"Qualified rehabilitation expenditures" includes architectural or	4745
engineering fees paid or incurred in connection with the	4746
rehabilitation, and expenses incurred in the preparation of	4747
nomination forms for listing on the national register of historic	4748
places. "Qualified rehabilitation expenditures" does not include	4749
any of the following:	4750

(a) The cost of acquiring, expanding, or enlarging a historic	4751
building;	4752

(b) Expenditures attributable to work done to facilities	4753
related to the building, such as parking lots, sidewalks, and	4754
landscaping;	4755

4756

(3) "Owner" of a historic building means a person holding the	4757
fee simple interest in the building.	4758

(4) "Certificate owner" means the owner of a historic	4759
building to which a rehabilitation tax credit certificate was	4760
issued under this section.	4761

(5) "Registered historic district" means a historic district	4762
listed in the national register of historic places under 16 U.S.C.	4763
470a, a historic district designated by a local government	4764
certified under 16 U.S.C. 470a(c), or a local historic district	4765
certified under 36 C.F.R. 67.8 and 67.9.	4766

(6) "Rehabilitation" means the process of repairing or	4767
altering a historic building or buildings, making possible an	4768
efficient use while preserving those portions and features of the	4769
building and its site and environment that are significant to its	4770
historic, architectural, and cultural values.	4771

(7) "Rehabilitation period" means one of the following:

4772

(a) If the rehabilitation initially was not planned to be	4773
completed in stages, a period chosen by the owner not to exceed	4774
twenty-four months during which rehabilitation occurs;	4775

(b) If the rehabilitation initially was planned to be	4776
completed in stages, a period chosen by the owner not to exceed	4777
sixty months during which rehabilitation occurs.	4778

(8) "State historic preservation officer" or "officer" means	4779
the state historic preservation officer appointed by the governor	4780
under 16 U.S.C. 470a.	4781

(9) "Application period" means either of the following time	4782
periods during which an application for a rehabilitation tax	4783
credit certificate may be filed under this section:	4784

(a) July 1, 2007, through June 30, 2008;

4785

(b) July 1, 2008, through June 30, 2009.

4786

(B) On or after July 1, 2007, but before July 1, 2009, the	4787
owner of a historic building may apply to the state historic	4788
preservation officer for a rehabilitation tax credit certificate	4789
for qualified rehabilitation expenditures paid or incurred after	4790
~~the effective date of this section~~April 4, 2007, for	4791
rehabilitation of a historic building. The form and manner of	4792
filing such applications shall be prescribed by rule of the	4793
director of development, and applications expire at the end of	4794
each application period. Before July 1, 2007, the director, after	4795
consultation with the tax commissioner and in accordance with	4796
Chapter 119. of the Revised Code, shall adopt rules that establish	4797
all of the following:	4798

(1) Forms and procedures by which applicants may apply for	4799
rehabilitation tax credit certificates;	4800

(2) Criteria for reviewing, evaluating, and approving	4801
applications for certificates within the limitation on the number	4802
of applications that may be approved in an application period	4803
under division (D) of this section, criteria for assuring that the	4804
certificates issued encompass a mixture of high and low qualified	4805
rehabilitation expenditures, and criteria for issuing certificates	4806
under division (C)(3)(b) of this section;	4807

(3) Eligibility requirements for obtaining a certificate	4808
under this section;	4809

(4) The form of rehabilitation tax credit certificates;

4810

(5) Reporting requirements and monitoring procedures;

4811

(6) Any other rules necessary to implement and administer	4812
this section.	4813

(C) The state historic preservation officer shall accept	4814
applications in the order in which they are filed. Within seven	4815
days after an application is filed, the officer shall forward it	4816
to the director of development who shall review the application	4817
and determine whether all of the following criteria are met:	4818

(1) That the building that is the subject of the application	4819
is a historic building and the applicant is the owner of the	4820
building;	4821

(2) That the rehabilitation will satisfy standards prescribed	4822
by the United States secretary of the interior under 16 U.S.C.	4823
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	4824
that section;	4825

(3) That receiving a rehabilitation tax credit certificate	4826
under this section is a major factor in:	4827

(a) The applicant's decision to rehabilitate the historic	4828
building; or	4829

(b) To increase the level of investment in such	4830
rehabilitation.	4831

An applicant shall demonstrate to the satisfaction of the	4832
state historic preservation officer and director of development	4833
that the rehabilitation will satisfy the standards described in	4834
division (C)(2) of this section before the applicant begins the	4835
physical rehabilitation of the historic building.	4836

(D) If the director of development determines that the	4837
criteria in divisions (C)(1), (2), and (3) of this section are	4838
met, the director, in conjunction with the tax commissioner, shall	4839
conduct a cost and benefit analysis for the historic building that	4840
is the subject of an application filed under this section to	4841
determine whether rehabilitation of the historic building,	4842
including activities during the construction phase of the	4843
rehabilitation, will result in a net revenue gain in state and	4844
local taxes ~~once the building is used~~. The director shall not	4845
approve an application and issue a rehabilitation tax credit	4846
certificate to an applicant unless the cost and benefit analysis	4847
of the historic building determines that there will be a net	4848
revenue gain in state and local taxes once the building is used. A	4849
rehabilitation tax credit certificate shall not be issued before	4850
rehabilitation of a historic building is completed. The director	4851
shall not approve more than one hundred applications in an	4852
application period.	4853

(E) Issuance of a certificate represents a finding by the	4854
director of development of the matters described in divisions	4855
(C)(1), (2), and (3) of this section only; issuance of a	4856
certificate does not represent a verification or certification by	4857
the director of the amount of qualified rehabilitation	4858
expenditures for which a tax credit may be claimed under section	4859
5725.151, 5733.47, or 5747.76 of the Revised Code. The amount of	4860
qualified rehabilitation expenditures for which a tax credit may	4861
be claimed is subject to inspection and examination by the tax	4862
commissioner or employees of the commissioner under section	4863
5703.19 of the Revised Code and any other applicable law. Upon the	4864
issuance of a certificate, the director shall certify to the tax	4865
commissioner, in the form and manner requested by the tax	4866
commissioner, the name of the applicant, the amount of qualified	4867
rehabilitation expenditures shown on the certificate, and any	4868
other information required by the rules adopted under this	4869
section.	4870

(F)(1) On or before the first day of December in 2007, 2008,	4871
and 2009, the director of development and tax commissioner jointly	4872
shall submit to the president of the senate and the speaker of the	4873
house of representatives a report on the tax credit program	4874
established under this section and sections 5725.151, 5733.47, and	4875
5747.76 of the Revised Code. The report shall present an overview	4876
of the program and shall include information on the number of	4877
rehabilitation tax credit certificates issued under this section	4878
during an application period, an update on the status of each	4879
historic building for which an application was approved under this	4880
section, the dollar amount of the tax credits granted under	4881
sections 5725.151, 5733.47, and 5747.76 of the Revised Code, and	4882
any other information the director and commissioner consider	4883
relevant to the topics addressed in the report.	4884

(2) On or before December 1, 2010, the director of	4885
development and tax commissioner jointly shall submit to the	4886
president of the senate and the speaker of the house of	4887
representatives a comprehensive report that includes the	4888
information required by division (F)(1) of this section and a	4889
detailed analysis of the effectiveness of issuing tax credits for	4890
rehabilitating historic buildings. The report shall be prepared	4891
with the assistance of an economic research organization jointly	4892
chosen by the director and commissioner.	4893

Sec. 151.08. This section applies to obligations as defined	4894
in this section.	4895

(A) As used in this section:

4896

(1) "Capital facilities" or "capital improvement projects"	4897
means the acquisition, construction, reconstruction, improvement,	4898
planning, and equipping of roads and bridges, waste water	4899
treatment systems, water supply systems, solid waste disposal	4900
facilities, flood control systems, and storm water and sanitary	4901
collection, storage, and treatment facilities, including real	4902
property, interests in real property, facilities, and equipment	4903
related or incidental to those facilities.	4904

(2) "Costs of capital facilities" include related direct	4905
administrative expenses and allocable portions of direct costs of	4906
the Ohio public works commission and the local subdivision.	4907

(3) "Local subdivision" means any county, municipal	4908
corporation, township, sanitary district, or regional water and	4909
sewer district.	4910

(4) "Obligations" means obligations as defined in section	4911
151.01 of the Revised Code issued to pay costs of capital	4912
facilities.	4913

(B)(1) The issuing authority shall issue obligations to pay	4914
costs of financing or assisting in the financing of the capital	4915
improvement projects of local subdivisions pursuant to Section 2m	4916
of Article VIII, Ohio Constitution, section 151.01 of the Revised	4917
Code, and this section. Not more than one hundred twenty million	4918
dollars principal amount of obligations, plus the principal amount	4919
of obligations that in any prior fiscal years could have been, but	4920
were not, issued within that one-hundred-twenty-million dollar	4921
fiscal year limit, may be issued in any fiscal year. Not more than	4922
one billion two hundred million dollars principal amount of	4923
obligations pursuant to Section 2m of Article VIII, Ohio	4924
Constitution may be issued for the purposes of this section and	4925
division (B)(2) of section 164.09 of the Revised Code.	4926

(2) The issuing authority shall issue obligations to pay	4927
costs of financing or assisting in the financing of the capital	4928
improvement projects of local subdivisions pursuant to Section 2p	4929
of Article VIII, Ohio Constitution, section 151.01 of the Revised	4930
Code, and this section. Not more than one hundred twenty million	4931
dollars in principal amount of such obligations may be issued in	4932
any of the first five fiscal years of issuance and not more than	4933
one hundred fifty million dollars in principal amount of such	4934
obligations may be issued in any of the next five fiscal years,	4935
plus in each case the principal amount of such obligations that in	4936
any prior fiscal year could have been but were not issued within	4937
those fiscal year limits. No obligations shall be issued for the	4938
purposes of this section pursuant to Section 2p of Article VIII,	4939
Ohio Constitution, until at least one billion one hundred	4940
ninety-nine million five hundred thousand dollars aggregate	4941
principal amount of obligations have been issued pursuant to	4942
Section 2m of Article VIII, Ohio Constitution. Not more than one	4943
billion three hundred fifty million dollars principal amount of	4944
obligations may be issued pursuant to Section 2p of Article VIII,	4945
Ohio Constitution for the purposes of this section.	4946

(C) Net proceeds of obligations shall be deposited into the	4947
state capital improvements fund created by section 164.08 of the	4948
Revised Code.	4949

(D) There is hereby created in the state treasury the "state	4950
capital improvements bond service fund." All moneys received by	4951
the state and required by the bond proceedings, consistent with	4952
this section and section 151.01 of the Revised Code, to be	4953
deposited, transferred, or credited to the bond service fund, and	4954
all other moneys transferred or allocated to or received for the	4955
purposes of that fund, shall be deposited and credited to the bond	4956
service fund, subject to any applicable provisions of the bond	4957
proceedings but without necessity for any act of appropriation.	4958
During the period beginning with the date of the first issuance of	4959
obligations and continuing during the time that any obligations	4960
are outstanding in accordance with their terms, so long as moneys	4961
in the bond service fund are insufficient to pay debt service when	4962
due on those obligations payable from that fund (except the	4963
principal amounts of bond anticipation notes payable from the	4964
proceeds of renewal notes or bonds anticipated) and due in the	4965
particular fiscal year, a sufficient amount of revenues of the	4966
state is committed and, without necessity for further act of	4967
appropriation, shall be paid to the bond service fund for the	4968
purpose of paying that debt service when due.	4969

Sec. 151.40. (A) As used in this section:

4970

(1) "Bond proceedings" includes any trust agreements, and any	4971
amendments or supplements to them, as authorized by this section.	4972

(2) "Costs of revitalization projects" includes related	4973
direct administrative expenses and allocable portions of the	4974
direct costs of those projects of the department of development or	4975
the environmental protection agency.	4976

(3) "Issuing authority" means the treasurer of state.

4977

(4) "Obligations" means obligations as defined in section	4978
151.01 of the Revised Code issued to pay the costs of projects for	4979
revitalization purposes as referred to in division (A)(2) of	4980
Section 2o of Article VIII, Ohio Constitution.	4981

(5) "Pledged liquor profits" means all receipts of the state	4982
representing the gross profit on the sale of spirituous liquor, as	4983
referred to in division (B)(4) of section 4301.10 of the Revised	4984
Code, after paying all costs and expenses of the division of	4985
liquor control and providing an adequate working capital reserve	4986
for the division of liquor control as provided in that division,	4987
but excluding the sum required by the second paragraph of section	4988
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	4989
to be paid into the state treasury.	4990

(6) "Pledged receipts" means, as and to the extent provided	4991
in bond proceedings:	4992

(a) Pledged liquor profits. The pledge of pledged liquor	4993
profits to obligations is subject to the priority of the pledge of	4994
those profits to obligations issued and to be issued pursuant to	4995
Chapter 166. of the Revised Code.	4996

(b) Moneys accruing to the state from the lease, sale, or	4997
other disposition or use of revitalization projects or from the	4998
repayment, including any interest, of loans or advances made from	4999
net proceeds;	5000

5001

(d) Income from the investment of the special funds;

5002

(e) Any gifts, grants, donations, or pledges, and receipts	5003
therefrom, available for the payment of debt service;	5004

(f) Additional or any other specific revenues or receipts	5005
lawfully available to be pledged, and pledged, pursuant to further	5006
authorization by the general assembly, to the payment of debt	5007
service.	5008

(B)(1) The issuing authority shall issue obligations of the	5009
state to pay costs of revitalization projects pursuant to division	5010
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	5011
151.01 of the Revised Code as applicable to this section, and this	5012
section. The issuing authority, upon the certification to it by	5013
the clean Ohio council of the amount of moneys needed in and for	5014
the purposes of the clean Ohio revitalization fund created by	5015
section 122.658 of the Revised Code, shall issue obligations in	5016
the amount determined by the issuing authority to be required for	5017
those purposes. Not more than two hundred million dollars	5018
principal amount of obligations issued under this section for	5019
revitalization purposes may be outstanding at any one time. Not	5020
more than fifty million dollars principal amount of obligations,	5021
plus the principal amount of obligations that in any prior fiscal	5022
year could have been, but were not issued within the	5023
fifty-million-dollar fiscal year limit, may be issued in any	5024
fiscal year.	5025

(2) The provisions and authorizations in section 151.01 of	5026
the Revised Code apply to the obligations and the bond proceedings	5027
except as otherwise provided or provided for in those obligations	5028
and bond proceedings.	5029

(C) Net proceeds of obligations shall be deposited in the	5030
clean Ohio revitalization fund created in section 122.658 of the	5031
Revised Code.	5032

(D) There is hereby created the revitalization projects bond	5033
service fund, which shall be in the custody of the treasurer of	5034
state, but shall be separate and apart from and not a part of the	5035
state treasury. All money received by the state and required by	5036
the bond proceedings, consistent with section 151.01 of the	5037
Revised Code and this section, to be deposited, transferred, or	5038
credited to the bond service fund, and all other money transferred	5039
or allocated to or received for the purposes of that fund, shall	5040
be deposited and credited to the bond service fund, subject to any	5041
applicable provisions of the bond proceedings, but without	5042
necessity for any act of appropriation. During the period	5043
beginning with the date of the first issuance of obligations and	5044
continuing during the time that any obligations are outstanding in	5045
accordance with their terms, so long as moneys in the bond service	5046
fund are insufficient to pay debt service when due on those	5047
obligations payable from that fund, except the principal amounts	5048
of bond anticipation notes payable from the proceeds of renewal	5049
notes or bonds anticipated, and due in the particular fiscal year,	5050
a sufficient amount of pledged receipts is committed and, without	5051
necessity for further act of appropriation, shall be paid to the	5052
bond service fund for the purpose of paying that debt service when	5053
due.	5054

(E) The issuing authority may pledge all, or such portion as	5055
the issuing authority determines, of the pledged receipts to the	5056
payment of the debt service charges on obligations issued under	5057
this section, and for the establishment and maintenance of any	5058
reserves, as provided in the bond proceedings, and make other	5059
provisions in the bond proceedings with respect to pledged	5060
receipts as authorized by this section, which provisions are	5061
controlling notwithstanding any other provisions of law pertaining	5062
to them.	5063

(F) The issuing authority may covenant in the bond	5064
proceedings, and such covenants shall be controlling	5065
notwithstanding any other provision of law, that the state and	5066
applicable officers and state agencies, including the general	5067
assembly, so long as any obligations issued under this section are	5068
outstanding, shall maintain statutory authority for and cause to	5069
be charged and collected wholesale or retail prices for spirituous	5070
liquor sold by the state or its agents so that the available	5071
pledged receipts are sufficient in time and amount to meet debt	5072
service payable from pledged liquor profits and for the	5073
establishment and maintenance of any reserves and other	5074
requirements provided for in the bond proceedings.	5075

(G) Obligations may be further secured, as determined by the	5076
issuing authority, by a trust agreement between the state and a	5077
corporate trustee, which may be any trust company or bank having	5078
~~its principal~~a place of business within the state. Any trust	5079
agreement may contain the resolution or order authorizing the	5080
issuance of the obligations, any provisions that may be contained	5081
in any bond proceedings, and other provisions that are customary	5082
or appropriate in an agreement of that type, including, but not	5083
limited to:	5084

(1) Maintenance of each pledge, trust agreement, or other	5085
instrument comprising part of the bond proceedings until the state	5086
has fully paid or provided for the payment of debt service on the	5087
obligations secured by it;	5088

(2) In the event of default in any payments required to be	5089
made by the bond proceedings, enforcement of those payments or	5090
agreements by mandamus, the appointment of a receiver, suit in	5091
equity, action at law, or any combination of them;	5092

(3) The rights and remedies of the holders or owners of	5093
obligations and of the trustee and provisions for protecting and	5094
enforcing them, including limitations on rights of individual	5095
holders and owners.	5096

(H) The obligations shall not be general obligations of the	5097
state and the full faith and credit, revenue, and taxing power of	5098
the state shall not be pledged to the payment of debt service on	5099
them. The holders or owners of the obligations shall have no right	5100
to have any moneys obligated or pledged for the payment of debt	5101
service except as provided in this section and in the applicable	5102
bond proceedings. The rights of the holders and owners to payment	5103
of debt service are limited to all or that portion of the pledged	5104
receipts, and those special funds, pledged to the payment of debt	5105
service pursuant to the bond proceedings in accordance with this	5106
section, and each obligation shall bear on its face a statement to	5107
that effect.	5108

Sec. 156.02. The director of administrative services may	5109
contract with ~~an energy services company, contractor, architect,~~	5110
~~professional engineer, or other person experienced in the design~~	5111
~~and implementation of energy conservation measures~~the office of	5112
energy efficiency in the department of development for a report	5113
containing an analysis and recommendations pertaining to the	5114
implementation of energy conservation measures that would	5115
significantly reduce energy consumption and operating costs in any	5116
buildings owned by the state and, upon request of its board of	5117
trustees or managing authority, any building owned by an	5118
institution of higher education as defined in section 3345.12 of	5119
the Revised Code. The report shall include estimates of all costs	5120
of such measures, including the costs of design, engineering,	5121
installation, maintenance, repairs, and debt service, and	5122
estimates of the amounts by which energy consumption and operating	5123
costs would be reduced.	5124

Sec. 164.03. For the purpose of allocating the funds made	5125
available to finance public infrastructure capital improvement	5126
projects of local subdivisions through the issuance of general	5127
obligations of the state of Ohio pursuant to Section 2k or, 2m, or	5128
2p of Article VIII, Ohio Constitution, the state is divided into	5129
the following districts:	5130

District one. Cuyahoga county shall constitute district one.

5131

District two. Hamilton county shall constitute district two.

5132

District three. Franklin county shall constitute district	5133
three.	5134

District four. Montgomery county shall constitute district	5135
four.	5136

District five. Defiance, Erie, Fulton, Henry, Ottawa,	5137
Paulding, Sandusky, Williams, and Wood counties shall constitute	5138
district five.	5139

District six. Mahoning and Trumbull counties shall constitute	5140
district six.	5141

District seven. Ashtabula, Geauga, Lake, and Portage counties	5142
shall constitute district seven.	5143

District eight. Summit county shall constitute district	5144
eight.	5145

District nine. Lorain, Huron, and Medina counties shall	5146
constitute district nine.	5147

District ten. Butler, Clermont, Clinton, and Warren counties	5148
shall constitute district ten.	5149

District eleven. Champaign, Clark, Darke, Greene, Madison,	5150
Miami, Preble, and Union counties shall constitute district	5151
eleven.	5152

District twelve. Lucas county shall constitute district	5153
twelve.	5154

District thirteen. Allen, Auglaize, Hancock, Logan, Mercer,	5155
Putnam, Shelby, and Van Wert counties shall constitute district	5156
thirteen.	5157

District fourteen. Carroll, Columbiana, Coshocton, Guernsey,	5158
Harrison, Holmes, Jefferson, and Tuscarawas counties shall	5159
constitute district fourteen.	5160

District fifteen. Adams, Brown, Fayette, Gallia, Highland,	5161
Jackson, Lawrence, Pike, Ross, Scioto, and Vinton counties shall	5162
constitute district fifteen.	5163

District sixteen. Ashland, Crawford, Hardin, Marion,	5164
Richland, Seneca, Wayne, and Wyandot counties shall constitute	5165
district sixteen.	5166

District seventeen. Delaware, Fairfield, Knox, Licking,	5167
Morrow, and Pickaway counties shall constitute district seventeen.	5168

District eighteen. Athens, Belmont, Hocking, Meigs, Monroe,	5169
Morgan, Muskingum, Noble, Perry, and Washington counties shall	5170
constitute district eighteen.	5171

District nineteen. Stark county shall constitute district	5172
nineteen.	5173

Sec. 164.08. (A) Except as provided in sections 151.01 and	5174
151.08 or section 164.09 of the Revised Code, the net proceeds of	5175
obligations issued and sold by the treasurer of state pursuant to	5176
section 164.09 of the Revised Code before September 30, 2000, or	5177
pursuant to sections 151.01 and 151.08 of the Revised Code, for	5178
the purpose of financing or assisting in the financing of the cost	5179
of public infrastructure capital improvement projects of local	5180
subdivisions, as provided for in Section 2k or, 2m, or 2p of	5181
Article VIII, Ohio Constitution, and this chapter, shall be paid	5182
into the state capital improvements fund, which is hereby created	5183
in the state treasury. Investment earnings on moneys in the fund	5184
shall be credited to the fund.	5185

(B) Each program year the amount of obligations authorized by	5186
the general assembly in accordance with sections 151.01 and 151.08	5187
or section 164.09 of the Revised Code, excluding the proceeds of	5188
refunding or renewal obligations, shall be allocated by the	5189
director of the Ohio public works commission as follows:	5190

(1) First, twelve million dollars of the amount of	5191
obligations authorized shall be allocated to provide financial	5192
assistance to villages and to townships with populations in the	5193
unincorporated areas of the township of less than five thousand	5194
persons, for capital improvements in accordance with section	5195
164.051 and division (D) of section 164.06 of the Revised Code. As	5196
used in division (B)(1) of this section, "capital improvements"	5197
includes resurfacing and improving roads.	5198

(2) Following the allocation required by division (B)(1) of	5199
this section, the director may allocate two million five hundred	5200
thousand dollars of the authorized obligations to provide	5201
financial assistance to local subdivisions for capital improvement	5202
projects which in the judgment of the director of the Ohio public	5203
works commission are necessary for the immediate preservation of	5204
the health, safety, and welfare of the citizens of the local	5205
subdivision requesting assistance.	5206

(3) For the second, third, fourth, and fifth years that	5207
obligations are authorized and are available for allocation under	5208
this chapter, one million dollars shall be allocated to the sewer	5209
and water fund created in section 1525.11 of the Revised Code.	5210
Money from this allocation shall be transferred to that fund when	5211
needed to support specific payments from that fund.	5212

(4) For program years twelve and fourteen that obligations	5213
are authorized and available for allocation under this chapter,	5214
two million dollars each program year shall be allocated to the	5215
small county capital improvement program for use in providing	5216
financial assistance under division (F) of section 164.02 of the	5217
Revised Code.	5218

(5) After the allocation required by division (B)(3) of this	5219
section is made, the director shall determine the amount of the	5220
remaining obligations authorized to be issued and sold that each	5221
county would receive if such amounts were allocated on a per	5222
capita basis each year. If a county's per capita share for the	5223
year would be less than three hundred thousand dollars, the	5224
director shall allocate to the district in which that county is	5225
located an amount equal to the difference between three hundred	5226
thousand dollars and the county's per capita share.	5227

(6) After making the allocation required by division (B)(5)	5228
of this section, the director shall allocate the remaining amount	5229
to each district on a per capita basis.	5230

(C)(1) There is hereby created in the state treasury the	5231
state capital improvements revolving loan fund, into which shall	5232
be deposited all repayments of loans made to local subdivisions	5233
for capital improvements pursuant to this chapter. Investment	5234
earnings on moneys in the fund shall be credited to the fund.	5235

(2) There may also be deposited in the state capital	5236
improvements revolving loan fund moneys obtained from federal or	5237
private grants, or from other sources, which are to be used for	5238
any of the purposes authorized by this chapter. Such moneys shall	5239
be allocated each year in accordance with division (B)(6) of this	5240
section.	5241

(3) Moneys deposited into the state capital improvements	5242
revolving loan fund shall be used to make loans for the purpose of	5243
financing or assisting in the financing of the cost of capital	5244
improvement projects of local subdivisions.	5245

(4) Investment earnings credited to the state capital	5246
improvements revolving loan fund that exceed the amounts required	5247
to meet estimated federal arbitrage rebate requirements shall be	5248
used to pay costs incurred by the public works commission in	5249
administering this section. Investment earnings credited to the	5250
state capital improvements revolving loan fund that exceed the	5251
amounts required to pay for the administrative costs and estimated	5252
rebate requirements shall be allocated to each district on a per	5253
capita basis.	5254

(5) Each program year, loan repayments received and on	5255
deposit in the state capital improvements revolving loan fund	5256
shall be allocated as follows:	5257

(a) Each district public works integrating committee shall be	5258
allocated an amount equal to the sum of all loan repayments made	5259
to the state capital improvements revolving loan fund by local	5260
subdivisions that are part of the district. Moneys not used in a	5261
program year may be used in the next program year in the same	5262
manner and for the same purpose as originally allocated.	5263

(b) Loan repayments made pursuant to projects approved under	5264
division (B)(1) of this section shall be used to make loans in	5265
accordance with section 164.051 and division (D) of section 164.06	5266
of the Revised Code. Allocations for this purpose made pursuant to	5267
division (C)(5) of this section shall be in addition to the	5268
allocation provided in division (B)(1) of this section.	5269

(c) Loan repayments made pursuant to projects approved under	5270
division (B)(2) of this section shall be used to make loans in	5271
accordance with division (B)(2) of this section. Allocations for	5272
this purpose made pursuant to division (C)(5) of this section	5273
shall be in addition to the allocation provided in division (B)(2)	5274
of this section.	5275

(d) Loans made from the state capital improvements revolving	5276
loan fund shall not be limited in their usage by divisions (E),	5277
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	5278

(D) Investment earnings credited to the state capital	5279
improvements fund that exceed the amounts required to meet	5280
estimated federal arbitrage rebate requirements shall be used to	5281
pay costs incurred by the public works commission in administering	5282
sections 164.01 to 164.12 of the Revised Code.	5283

(E) The director of the Ohio public works commission shall	5284
notify the director of budget and management of the amounts	5285
allocated pursuant to this section and such information shall be	5286
entered into the state accounting system. The director of budget	5287
and management shall establish appropriation line items as needed	5288
to track these allocations.	5289

(F) If the amount of a district's allocation in a program	5290
year exceeds the amount of financial assistance approved for the	5291
district by the commission for that year, the remaining portion of	5292
the district's allocation shall be added to the district's	5293
allocation pursuant to division (B) of this section for the next	5294
succeeding year for use in the same manner and for the same	5295
purposes as it was originally allocated, except that any portion	5296
of a district's allocation which was available for use on new or	5297
expanded infrastructure pursuant to division (H) of section 164.05	5298
of the Revised Code shall be available in succeeding years only	5299
for the repair and replacement of existing infrastructure.	5300

(G) When an allocation based on population is made by the	5301
director pursuant to division (B) of this section, the director	5302
shall use the most recent decennial census statistics, and shall	5303
not make any reallocations based upon a change in a district's	5304
population.	5305

Sec. 164.09. (A) The issuer is authorized to issue and sell,	5306
as provided in this section and in amounts from time to time	5307
authorized by the general assembly, general obligations of this	5308
state for the purpose of financing or assisting in the financing	5309
of the costs of public infrastructure capital improvements for	5310
local subdivisions. The full faith and credit, revenues, and	5311
taxing power of the state are and shall be pledged to the timely	5312
payment of bond service charges on outstanding obligations, all in	5313
accordance with Section 2k or 2m of Article VIII, Ohio	5314
Constitution and sections 164.09 to 164.12 of the Revised Code,	5315
excluding from that pledge fees, excises, or taxes relating to the	5316
registration, operation, or use of vehicles on the public	5317
highways, or to fuels used for propelling those vehicles, and so	5318
long as such obligations are outstanding there shall be levied and	5319
collected excises and taxes, excluding those excepted above, in	5320
amounts sufficient to pay the bond service charges on such	5321
obligations and costs relating to credit facilities.	5322

(B)(1) The total principal amount of obligations issued	5323
pursuant to Section 2k of Article VIII, Ohio Constitution shall	5324
not exceed one billion two hundred million dollars, and not more	5325
than one hundred twenty million dollars in principal amount of	5326
obligations may be issued in any calendar year, all determined as	5327
provided in sections 164.09 to 164.12 of the Revised Code.	5328

(2) The total principal amount of obligations issued for the	5329
purposes of this section pursuant to Section 2m of Article VIII,	5330
Ohio Constitution, shall not exceed one billion two hundred	5331
million dollars. Not more than one hundred twenty million dollars	5332
in principal amount of such obligations, plus the principal amount	5333
of such obligations that in any prior fiscal years could have been	5334
but were not issued within the one-hundred-twenty-million-dollar	5335
fiscal year limit, may be issued in any fiscal year. No	5336
obligations shall be issued for the purposes of this section	5337
pursuant to Section 2m of Article VIII, Ohio Constitution, until	5338
at least one billion one hundred ninety-nine million five hundred	5339
thousand dollars aggregate principal amount of obligations have	5340
been issued pursuant to Section 2k of Article VIII, Ohio	5341
Constitution. The amounts specified under division (B)(2) of this	5342
section shall be determined as provided in sections 164.09 to	5343
164.12 of the Revised Code.	5344

(C) Each issue of obligations shall be authorized by order of	5345
the issuer. The bond proceedings shall provide for the principal	5346
amount or maximum principal amount of obligations of an issue, and	5347
shall provide for or authorize the manner or agency for	5348
determining the principal maturity or maturities, not exceeding	5349
the earlier of thirty years from the date of issuance of the	5350
particular obligations or thirty years from the date the debt	5351
represented by the particular obligations was originally	5352
contracted, the interest rate or rates, the date of and the dates	5353
of payment of interest on the obligations, their denominations,	5354
and the establishment within or without the state of a place or	5355
places of payment of bond service charges. Sections 9.96 and 9.98	5356
to 9.983 of the Revised Code are applicable to the obligations.	5357
The purpose of the obligations may be stated in the bond	5358
proceedings as "financing or assisting in the financing of local	5359
subdivisions capital improvement projects."	5360

(D) The proceeds of the obligations, except for any portion	5361
to be deposited in special funds, or in escrow funds for the	5362
purpose of refunding outstanding obligations, all as may be	5363
provided in the bond proceedings, shall be deposited to the state	5364
capital improvements fund established by section 164.08 of the	5365
Revised Code.	5366

(E) The issuer may appoint paying agents, bond registrars,	5367
securities depositories, and transfer agents, and may retain the	5368
services of financial advisers and accounting experts, and retain	5369
or contract for the services of marketing, remarketing, indexing,	5370
and administrative agents, other consultants, and independent	5371
contractors, including printing services, as are necessary in the	5372
issuer's judgment to carry out sections 164.01 to 164.12 of the	5373
Revised Code. Financing costs are payable, as provided in the bond	5374
proceedings, from the proceeds of the obligations, from special	5375
funds, or from other moneys available for the purpose.	5376

(F) The bond proceedings, including any trust agreement, may	5377
contain additional provisions customary or appropriate to the	5378
financing or to the obligations or to particular obligations,	5379
including but not limited to:	5380

(1) The redemption of obligations prior to maturity at the	5381
option of the state or of the holder or upon the occurrence of	5382
certain conditions at such price or prices and under such terms	5383
and conditions as are provided in the bond proceedings;	5384

(2) The form of and other terms of the obligations;

5385

(3) The establishment, deposit, investment, and application	5386
of special funds, and the safeguarding of moneys on hand or on	5387
deposit, without regard to Chapter 131. or 135. of the Revised	5388
Code, but subject to any special provisions of this section with	5389
respect to particular funds or moneys, and provided that any bank	5390
or trust company that acts as a depository of any moneys in	5391
special funds may furnish such indemnifying bonds or may pledge	5392
such securities as required by the issuer;	5393

(4) Any or every provision of the bond proceedings binding	5394
upon the issuer and such state agency or local subdivision,	5395
officer, board, commission, authority, agency, department, or	5396
other person or body as may from time to time have the authority	5397
under law to take such actions as may be necessary to perform all	5398
or any part of the duty required by such provision;	5399

(5) The maintenance of each pledge, any trust agreement, or	5400
other instrument comprising part of the bond proceedings until the	5401
state has fully paid or provided for the payment of the bond	5402
service charges on the obligations or met other stated conditions;	5403

(6) In the event of default in any payments required to be	5404
made by the bond proceedings, or any other agreement of the issuer	5405
made as a part of a contract under which the obligations were	5406
issued or secured, the enforcement of such payments or agreements	5407
by mandamus, suit in equity, action at law, or any combination of	5408
the foregoing;	5409

(7) The rights and remedies of the holders of obligations and	5410
of the trustee under any trust agreement, and provisions for	5411
protecting and enforcing them, including limitations on rights of	5412
individual holders of obligations;	5413

(8) The replacement of any obligations that become mutilated	5414
or are destroyed, lost, or stolen;	5415

(9) Provision for the funding, refunding, or advance	5416
refunding or other provision for payment of obligations which will	5417
then no longer be outstanding for purposes of this section or of	5418
the bond proceedings;	5419

(10) Any provision that may be made in bond proceedings or a	5420
trust agreement, including provision for amendment of the bond	5421
proceedings;	5422

(11) Such other provisions as the issuer determines,	5423
including limitations, conditions, or qualifications relating to	5424
any of the foregoing;	5425

(12) Any other or additional agreements with the holders of	5426
the obligations relating to the obligations or the security for	5427
the obligations.	5428

(G) The great seal of the state or a facsimile of that seal	5429
may be affixed to or printed on the obligations. The obligations	5430
requiring signature by the issuer shall be signed by or bear the	5431
facsimile signature of the issuer as provided in the bond	5432
proceedings. Any obligations may be signed by the person who, on	5433
the date of execution, is the authorized signer although on the	5434
date of such obligations such person was not the issuer. In case	5435
the person whose signature or a facsimile of whose signature	5436
appears on any obligation ceases to be the issuer before delivery	5437
of the obligation, such signature or facsimile is nevertheless	5438
valid and sufficient for all purposes as if the person had	5439
remained the member until such delivery, and in case the seal to	5440
be affixed to or printed on obligations has been changed after the	5441
seal has been affixed to or a facsimile of the seal has been	5442
printed on the obligations, that seal or facsimile seal shall	5443
continue to be sufficient as to those obligations and obligations	5444
issued in substitution or exchange therefor.	5445

(H) The obligations are negotiable instruments and securities	5446
under Chapter 1308. of the Revised Code, subject to the provisions	5447
of the bond proceedings as to registration. Obligations may be	5448
issued in coupon or in fully registered form, or both, as the	5449
issuer determines. Provision may be made for the registration of	5450
any obligations with coupons attached as to principal alone or as	5451
to both principal and interest, their exchange for obligations so	5452
registered, and for the conversion or reconversion into	5453
obligations with coupons attached of any obligations registered as	5454
to both principal and interest, and for reasonable charges for	5455
such registration, exchange, conversion, and reconversion. Pending	5456
preparation of definitive obligations, the issuer may issue	5457
interim receipts or certificates which shall be exchanged for such	5458
definitive obligations.	5459

(I) Obligations may be sold at public sale or at private	5460
sale, and at such price at, above, or below par, as determined by	5461
the issuer in the bond proceedings.	5462

(J) In the discretion of the issuer, obligations may be	5463
secured additionally by a trust agreement between the state and a	5464
corporate trustee which may be any trust company or bank having	5465
~~its principal~~a place of business within the state. Any trust	5466
agreement may contain the order authorizing the issuance of the	5467
obligations, any provisions that may be contained in the bond	5468
proceedings, and other provisions that are customary or	5469
appropriate in an agreement of the type.	5470

(K) Except to the extent that their rights are restricted by	5471
the bond proceedings, any holder of obligations, or a trustee	5472
under the bond proceedings, may by any suitable form of legal	5473
proceedings protect and enforce any rights under the laws of this	5474
state or granted by the bond proceedings. Such rights include the	5475
right to compel the performance of all duties of the issuer and	5476
the state. Each duty of the issuer and the issuer's employees, and	5477
of each state agency and local public entity and its officers,	5478
members, or employees, undertaken pursuant to the bond	5479
proceedings, is hereby established as a duty of the issuer, and of	5480
each such agency, local subdivision, officer, member, or employee	5481
having authority to perform such duty, specifically enjoined by	5482
the law and resulting from an office, trust, or station within the	5483
meaning of section 2731.01 of the Revised Code. The persons who	5484
are at the time the issuer, or the issuer's employees, are not	5485
liable in their personal capacities on any obligations or any	5486
agreements of or with the issuer relating to obligations or under	5487
the bond proceedings.	5488

(L) Obligations are lawful investments for banks, societies	5489
for savings, savings and loan associations, deposit guarantee	5490
associations, trust companies, trustees, fiduciaries, insurance	5491
companies, including domestic for life and domestic not for life,	5492
trustees or other officers having charge of sinking and bond	5493
retirement or other special funds of political subdivisions and	5494
taxing districts of this state, the commissioners of the sinking	5495
fund, the administrator of workers' compensation, the state	5496
teachers retirement system, the public employees retirement	5497
system, the school employees retirement system, and the Ohio	5498
police and fire pension fund, notwithstanding any other provisions	5499
of the Revised Code or rules adopted pursuant thereto by any state	5500
agency with respect to investments by them, and are also	5501
acceptable as security for the deposit of public moneys.	5502

(M) Unless otherwise provided in any applicable bond	5503
proceedings, moneys to the credit of or in the special funds	5504
established by or pursuant to this section may be invested by or	5505
on behalf of the issuer only in notes, bonds, or other direct	5506
obligations of the United States or of any agency or	5507
instrumentality of the United States, in obligations of this state	5508
or any political subdivision of this state, in certificates of	5509
deposit of any national bank located in this state and any bank,	5510
as defined in section 1101.01 of the Revised Code, subject to	5511
inspection by the superintendent of financial institutions, in the	5512
Ohio subdivision's fund established pursuant to section 135.45 of	5513
the Revised Code, in no-front-end-load money market mutual funds	5514
consisting exclusively of direct obligations of the United States	5515
or of an agency or instrumentality of the United States, and in	5516
repurchase agreements, including those issued by any fiduciary,	5517
secured by direct obligations of the United States or an agency or	5518
instrumentality of the United States, and in collective investment	5519
funds established in accordance with section 1111.14 of the	5520
Revised Code and consisting exclusively of direct obligations of	5521
the United States or of an agency or instrumentality of the United	5522
States, notwithstanding division (A)(1)(c) of that section. The	5523
income from investments shall be credited to such special funds or	5524
otherwise as the issuer determines in the bond proceedings, and	5525
the investments may be sold or exchanged at such times as the	5526
issuer determines or authorizes.	5527

(N) Unless otherwise provided in any applicable bond	5528
proceedings, moneys to the credit of or in a special fund shall be	5529
disbursed on the order of the issuer, provided that no such order	5530
is required for the payment from the bond service fund or other	5531
special fund when due of bond service charges or required payments	5532
under credit facilities.	5533

(O) The issuer may covenant in the bond proceedings, and any	5534
such covenants shall be controlling notwithstanding any other	5535
provision of law, that the state and the applicable officers and	5536
agencies of the state, including the general assembly, so long as	5537
any obligations are outstanding in accordance with their terms,	5538
shall maintain statutory authority for and cause to be charged and	5539
collected taxes, excises, and other receipts of the state so that	5540
the receipts to the bond service fund shall be sufficient in	5541
amounts to meet bond service charges and for the establishment and	5542
maintenance of any reserves and other requirements, including	5543
payment of financing costs, provided for in the bond proceedings.	5544

(P) The obligations, and the transfer of, and the interest	5545
and other income from, including any profit made on the sale,	5546
transfer, or other disposition of, the obligations shall at all	5547
times be free from taxation, direct or indirect, within the state.	5548

(Q) Unless a judicial action or proceeding challenging the	5549
validity of obligations is commenced by personal service on the	5550
treasurer of state prior to the initial delivery of an issue of	5551
the obligations, the obligations of that issue and the bond	5552
proceedings pertaining to that issue are incontestable and those	5553
obligations shall be conclusively considered to be and to have	5554
been issued, secured, payable, sold, executed, and delivered, and	5555
the bond proceedings relating to them taken, in conformity with	5556
law if all of the following apply to the obligations:	5557

(1) They state that they are issued under the provisions of	5558
this section and comply on their face with those provisions;	5559

(2) They are issued within the limitations prescribed by this	5560
section;	5561

(3) Their purchase price has been paid in full;

5562

(4) They state that all the bond proceedings were held in	5563
compliance with law, which statement creates a conclusive	5564
presumption that the bond proceedings were held in compliance with	5565
all laws, including section 121.22 of the Revised Code, where	5566
applicable, and rules.	5567

(R) This section applies only with respect to obligations	5568
issued and delivered before September 30, 2000.	5569

Sec. 166.08. (A) As used in this chapter:

5570

(1) "Bond proceedings" means the resolution, order, trust	5571
agreement, indenture, lease, and other agreements, amendments and	5572
supplements to the foregoing, or any one or more or combination	5573
thereof, authorizing or providing for the terms and conditions	5574
applicable to, or providing for the security or liquidity of,	5575
obligations issued pursuant to this section, and the provisions	5576
contained in such obligations.	5577

(2) "Bond service charges" means principal, including	5578
mandatory sinking fund requirements for retirement of obligations,	5579
and interest, and redemption premium, if any, required to be paid	5580
by the state on obligations.	5581

(3) "Bond service fund" means the applicable fund and	5582
accounts therein created for and pledged to the payment of bond	5583
service charges, which may be, or may be part of, the economic	5584
development bond service fund created by division (S) of this	5585
section including all moneys and investments, and earnings from	5586
investments, credited and to be credited thereto.	5587

(4) "Issuing authority" means the treasurer of state, or the	5588
officer who by law performs the functions of such officer.	5589

(5) "Obligations" means bonds, notes, or other evidence of	5590
obligation including interest coupons pertaining thereto, issued	5591
pursuant to this section.	5592

(6) "Pledged receipts" means all receipts of the state	5593
representing the gross profit on the sale of spirituous liquor, as	5594
referred to in division (B)(4) of section 4301.10 of the Revised	5595
Code, after paying all costs and expenses of the division of	5596
liquor control and providing an adequate working capital reserve	5597
for the division of liquor control as provided in that division,	5598
but excluding the sum required by the second paragraph of section	5599
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	5600
paid into the state treasury; moneys accruing to the state from	5601
the lease, sale, or other disposition, or use, of project	5602
facilities, and from the repayment, including interest, of loans	5603
made from proceeds received from the sale of obligations; accrued	5604
interest received from the sale of obligations; income from the	5605
investment of the special funds; and any gifts, grants, donations,	5606
and pledges, and receipts therefrom, available for the payment of	5607
bond service charges.	5608

(7) "Special funds" or "funds" means, except where the	5609
context does not permit, the bond service fund, and any other	5610
funds, including reserve funds, created under the bond	5611
proceedings, and the economic development bond service fund	5612
created by division (S) of this section to the extent provided in	5613
the bond proceedings, including all moneys and investments, and	5614
earnings from investment, credited and to be credited thereto.	5615

(B) Subject to the limitations provided in section 166.11 of	5616
the Revised Code, the issuing authority, upon the certification by	5617
the director of development to the issuing authority of the amount	5618
of moneys or additional moneys needed in the facilities	5619
establishment fund, the loan guarantee fund, the innovation Ohio	5620
loan fund, the innovation Ohio loan guarantee fund, or the	5621
research and development loan fund for the purpose of paying, or	5622
making loans for, allowable costs from the facilities	5623
establishment fund, allowable innovation costs from the innovation	5624
Ohio loan fund, or allowable costs from the research and	5625
development loan fund, or needed for capitalized interest, for	5626
funding reserves, and for paying costs and expenses incurred in	5627
connection with the issuance, carrying, securing, paying,	5628
redeeming, or retirement of the obligations or any obligations	5629
refunded thereby, including payment of costs and expenses relating	5630
to letters of credit, lines of credit, insurance, put agreements,	5631
standby purchase agreements, indexing, marketing, remarketing and	5632
administrative arrangements, interest swap or hedging agreements,	5633
and any other credit enhancement, liquidity, remarketing, renewal,	5634
or refunding arrangements, all of which are authorized by this	5635
section, or providing moneys for the loan guarantee fund or the	5636
innovation Ohio loan guarantee fund, as provided in this chapter	5637
or needed for the purposes of funds established in accordance with	5638
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	5639
122.561, 122.57, and 122.80 of the Revised Code which are within	5640
the authorization of Section 13 of Article VIII, Ohio	5641
Constitution, shall issue obligations of the state under this	5642
section in the required amount; provided that such obligations may	5643
be issued to satisfy the covenants in contracts of guarantee made	5644
under section 166.06 or 166.15 of the Revised Code,	5645
notwithstanding limitations otherwise applicable to the issuance	5646
of obligations under this section. The proceeds of such	5647
obligations, except for the portion to be deposited in special	5648
funds, including reserve funds, as may be provided in the bond	5649
proceedings, shall as provided in the bond proceedings be	5650
deposited by the director of development to the facilities	5651
establishment fund, the loan guarantee fund, the innovation Ohio	5652
loan guarantee fund, the innovation Ohio loan fund, or the	5653
research and development loan fund. Bond proceedings for project	5654
financing obligations may provide that the proceeds derived from	5655
the issuance of such obligations shall be deposited into such fund	5656
or funds provided for in the bond proceedings and, to the extent	5657
provided for in the bond proceedings, such proceeds shall be	5658
deemed to have been deposited into the facilities establishment	5659
fund and transferred to such fund or funds. The issuing authority	5660
may appoint trustees, paying agents, and transfer agents and may	5661
retain the services of financial advisors, accounting experts, and	5662
attorneys, and retain or contract for the services of marketing,	5663
remarketing, indexing, and administrative agents, other	5664
consultants, and independent contractors, including printing	5665
services, as are necessary in the issuing authority's judgment to	5666
carry out this section. The costs of such services are allowable	5667
costs payable from the facilities establishment fund or the	5668
research and development loan fund or allowable innovation costs	5669
payable from the innovation Ohio loan fund.	5670

(C) The holders or owners of such obligations shall have no	5671
right to have moneys raised by taxation obligated or pledged, and	5672
moneys raised by taxation shall not be obligated or pledged, for	5673
the payment of bond service charges. Such holders or owners shall	5674
have no rights to payment of bond service charges from any moneys	5675
accruing to the state from the lease, sale, or other disposition,	5676
or use, of project facilities, or from payment of the principal of	5677
or interest on loans made, or fees charged for guarantees made, or	5678
from any money or property received by the director, treasurer of	5679
state, or the state under Chapter 122. of the Revised Code, or	5680
from any other use of the proceeds of the sale of the obligations,	5681
and no such moneys may be used for the payment of bond service	5682
charges, except for accrued interest, capitalized interest, and	5683
reserves funded from proceeds received upon the sale of the	5684
obligations and except as otherwise expressly provided in the	5685
applicable bond proceedings pursuant to written directions by the	5686
director. The right of such holders and owners to payment of bond	5687
service charges is limited to all or that portion of the pledged	5688
receipts and those special funds pledged thereto pursuant to the	5689
bond proceedings in accordance with this section, and each such	5690
obligation shall bear on its face a statement to that effect.	5691

(D) Obligations shall be authorized by resolution or order of	5692
the issuing authority and the bond proceedings shall provide for	5693
the purpose thereof and the principal amount or amounts, and shall	5694
provide for or authorize the manner or agency for determining the	5695
principal maturity or maturities, not exceeding twenty-five years	5696
from the date of issuance, the interest rate or rates or the	5697
maximum interest rate, the date of the obligations and the dates	5698
of payment of interest thereon, their denomination, and the	5699
establishment within or without the state of a place or places of	5700
payment of bond service charges. Sections 9.98 to 9.983 of the	5701
Revised Code are applicable to obligations issued under this	5702
section, subject to any applicable limitation under section 166.11	5703
of the Revised Code. The purpose of such obligations may be stated	5704
in the bond proceedings in terms describing the general purpose or	5705
purposes to be served. The bond proceedings also shall provide,	5706
subject to the provisions of any other applicable bond	5707
proceedings, for the pledge of all, or such part as the issuing	5708
authority may determine, of the pledged receipts and the	5709
applicable special fund or funds to the payment of bond service	5710
charges, which pledges may be made either prior or subordinate to	5711
other expenses, claims, or payments, and may be made to secure the	5712
obligations on a parity with obligations theretofore or thereafter	5713
issued, if and to the extent provided in the bond proceedings. The	5714
pledged receipts and special funds so pledged and thereafter	5715
received by the state are immediately subject to the lien of such	5716
pledge without any physical delivery thereof or further act, and	5717
the lien of any such pledges is valid and binding against all	5718
parties having claims of any kind against the state or any	5719
governmental agency of the state, irrespective of whether such	5720
parties have notice thereof, and shall create a perfected security	5721
interest for all purposes of Chapter 1309. of the Revised Code,	5722
without the necessity for separation or delivery of funds or for	5723
the filing or recording of the bond proceedings by which such	5724
pledge is created or any certificate, statement or other document	5725
with respect thereto; and the pledge of such pledged receipts and	5726
special funds is effective and the money therefrom and thereof may	5727
be applied to the purposes for which pledged without necessity for	5728
any act of appropriation. Every pledge, and every covenant and	5729
agreement made with respect thereto, made in the bond proceedings	5730
may therein be extended to the benefit of the owners and holders	5731
of obligations authorized by this section, and to any trustee	5732
therefor, for the further security of the payment of the bond	5733
service charges.	5734

(E) The bond proceedings may contain additional provisions as	5735
to:	5736

(1) The redemption of obligations prior to maturity at the	5737
option of the issuing authority at such price or prices and under	5738
such terms and conditions as are provided in the bond proceedings;	5739

(2) Other terms of the obligations;

5740

(3) Limitations on the issuance of additional obligations;

5741

(4) The terms of any trust agreement or indenture securing	5742
the obligations or under which the same may be issued;	5743

(5) The deposit, investment and application of special funds,	5744
and the safeguarding of moneys on hand or on deposit, without	5745
regard to Chapter 131. or 135. of the Revised Code, but subject to	5746
any special provisions of this chapter, with respect to particular	5747
funds or moneys, provided that any bank or trust company which	5748
acts as depository of any moneys in the special funds may furnish	5749
such indemnifying bonds or may pledge such securities as required	5750
by the issuing authority;	5751

(6) Any or every provision of the bond proceedings being	5752
binding upon such officer, board, commission, authority, agency,	5753
department, or other person or body as may from time to time have	5754
the authority under law to take such actions as may be necessary	5755
to perform all or any part of the duty required by such provision;	5756

(7) Any provision that may be made in a trust agreement or	5757
indenture;	5758

(8) Any other or additional agreements with the holders of	5759
the obligations, or the trustee therefor, relating to the	5760
obligations or the security therefor, including the assignment of	5761
mortgages or other security obtained or to be obtained for loans	5762
under section 122.43, 166.07, or 166.16 of the Revised Code.	5763

(F) The obligations may have the great seal of the state or a	5764
facsimile thereof affixed thereto or printed thereon. The	5765
obligations and any coupons pertaining to obligations shall be	5766
signed or bear the facsimile signature of the issuing authority.	5767
Any obligations or coupons may be executed by the person who, on	5768
the date of execution, is the proper issuing authority although on	5769
the date of such bonds or coupons such person was not the issuing	5770
authority. If the issuing authority whose signature or a facsimile	5771
of whose signature appears on any such obligation or coupon ceases	5772
to be the issuing authority before delivery thereof, such	5773
signature or facsimile is nevertheless valid and sufficient for	5774
all purposes as if the former issuing authority had remained the	5775
issuing authority until such delivery; and if the seal to be	5776
affixed to obligations has been changed after a facsimile of the	5777
seal has been imprinted on such obligations, such facsimile seal	5778
shall continue to be sufficient as to such obligations and	5779
obligations issued in substitution or exchange therefor.	5780

(G) All obligations are negotiable instruments and securities	5781
under Chapter 1308. of the Revised Code, subject to the provisions	5782
of the bond proceedings as to registration. The obligations may be	5783
issued in coupon or in registered form, or both, as the issuing	5784
authority determines. Provision may be made for the registration	5785
of any obligations with coupons attached thereto as to principal	5786
alone or as to both principal and interest, their exchange for	5787
obligations so registered, and for the conversion or reconversion	5788
into obligations with coupons attached thereto of any obligations	5789
registered as to both principal and interest, and for reasonable	5790
charges for such registration, exchange, conversion, and	5791
reconversion.	5792

(H) Obligations may be sold at public sale or at private	5793
sale, as determined in the bond proceedings.	5794

Obligations issued to provide moneys for the loan guarantee	5795
fund or the innovation Ohio loan guarantee fund may, as determined	5796
by the issuing authority, be sold at private sale, and without	5797
publication of a notice of sale.	5798

(I) Pending preparation of definitive obligations, the	5799
issuing authority may issue interim receipts or certificates which	5800
shall be exchanged for such definitive obligations.	5801

(J) In the discretion of the issuing authority, obligations	5802
may be secured additionally by a trust agreement or indenture	5803
between the issuing authority and a corporate trustee which may be	5804
any trust company or bank having ~~its principal~~a place of business	5805
within the state. Any such agreement or indenture may contain the	5806
resolution or order authorizing the issuance of the obligations,	5807
any provisions that may be contained in any bond proceedings, and	5808
other provisions which are customary or appropriate in an	5809
agreement or indenture of such type, including, but not limited	5810
to:	5811

(1) Maintenance of each pledge, trust agreement, indenture,	5812
or other instrument comprising part of the bond proceedings until	5813
the state has fully paid the bond service charges on the	5814
obligations secured thereby, or provision therefor has been made;	5815

(2) In the event of default in any payments required to be	5816
made by the bond proceedings, or any other agreement of the	5817
issuing authority made as a part of the contract under which the	5818
obligations were issued, enforcement of such payments or agreement	5819
by mandamus, the appointment of a receiver, suit in equity, action	5820
at law, or any combination of the foregoing;	5821

(3) The rights and remedies of the holders of obligations and	5822
of the trustee, and provisions for protecting and enforcing them,	5823
including limitations on rights of individual holders of	5824
obligations;	5825

(4) The replacement of any obligations that become mutilated	5826
or are destroyed, lost, or stolen;	5827

(5) Such other provisions as the trustee and the issuing	5828
authority agree upon, including limitations, conditions, or	5829
qualifications relating to any of the foregoing.	5830

(K) Any holders of obligations or trustees under the bond	5831
proceedings, except to the extent that their rights are restricted	5832
by the bond proceedings, may by any suitable form of legal	5833
proceedings, protect and enforce any rights under the laws of this	5834
state or granted by such bond proceedings. Such rights include the	5835
right to compel the performance of all duties of the issuing	5836
authority, the director of development, or the division of liquor	5837
control required by this chapter or the bond proceedings; to	5838
enjoin unlawful activities; and in the event of default with	5839
respect to the payment of any bond service charges on any	5840
obligations or in the performance of any covenant or agreement on	5841
the part of the issuing authority, the director of development, or	5842
the division of liquor control in the bond proceedings, to apply	5843
to a court having jurisdiction of the cause to appoint a receiver	5844
to receive and administer the pledged receipts and special funds,	5845
other than those in the custody of the treasurer of state, which	5846
are pledged to the payment of the bond service charges on such	5847
obligations or which are the subject of the covenant or agreement,	5848
with full power to pay, and to provide for payment of bond service	5849
charges on, such obligations, and with such powers, subject to the	5850
direction of the court, as are accorded receivers in general	5851
equity cases, excluding any power to pledge additional revenues or	5852
receipts or other income or moneys of the issuing authority or the	5853
state or governmental agencies of the state to the payment of such	5854
principal and interest and excluding the power to take possession	5855
of, mortgage, or cause the sale or otherwise dispose of any	5856
project facilities.	5857

Each duty of the issuing authority and the issuing	5858
authority's officers and employees, and of each governmental	5859
agency and its officers, members, or employees, undertaken	5860
pursuant to the bond proceedings or any agreement or lease,	5861
lease-purchase agreement, or loan made under authority of this	5862
chapter, and in every agreement by or with the issuing authority,	5863
is hereby established as a duty of the issuing authority, and of	5864
each such officer, member, or employee having authority to perform	5865
such duty, specifically enjoined by the law resulting from an	5866
office, trust, or station within the meaning of section 2731.01 of	5867
the Revised Code.	5868

The person who is at the time the issuing authority, or the	5869
issuing authority's officers or employees, are not liable in their	5870
personal capacities on any obligations issued by the issuing	5871
authority or any agreements of or with the issuing authority.	5872

(L) The issuing authority may authorize and issue obligations	5873
for the refunding, including funding and retirement, and advance	5874
refunding with or without payment or redemption prior to maturity,	5875
of any obligations previously issued by the issuing authority.	5876
Such obligations may be issued in amounts sufficient for payment	5877
of the principal amount of the prior obligations, any redemption	5878
premiums thereon, principal maturities of any such obligations	5879
maturing prior to the redemption of the remaining obligations on a	5880
parity therewith, interest accrued or to accrue to the maturity	5881
dates or dates of redemption of such obligations, and any	5882
allowable costs including expenses incurred or to be incurred in	5883
connection with such issuance and such refunding, funding, and	5884
retirement. Subject to the bond proceedings therefor, the portion	5885
of proceeds of the sale of obligations issued under this division	5886
to be applied to bond service charges on the prior obligations	5887
shall be credited to an appropriate account held by the trustee	5888
for such prior or new obligations or to the appropriate account in	5889
the bond service fund for such obligations. Obligations authorized	5890
under this division shall be deemed to be issued for those	5891
purposes for which such prior obligations were issued and are	5892
subject to the provisions of this section pertaining to other	5893
obligations, except as otherwise provided in this section;	5894
provided that, unless otherwise authorized by the general	5895
assembly, any limitations imposed by the general assembly pursuant	5896
to this section with respect to bond service charges applicable to	5897
the prior obligations shall be applicable to the obligations	5898
issued under this division to refund, fund, advance refund or	5899
retire such prior obligations.	5900

(M) The authority to issue obligations under this section	5901
includes authority to issue obligations in the form of bond	5902
anticipation notes and to renew the same from time to time by the	5903
issuance of new notes. The holders of such notes or interest	5904
coupons pertaining thereto shall have a right to be paid solely	5905
from the pledged receipts and special funds that may be pledged to	5906
the payment of the bonds anticipated, or from the proceeds of such	5907
bonds or renewal notes, or both, as the issuing authority provides	5908
in the resolution or order authorizing such notes. Such notes may	5909
be additionally secured by covenants of the issuing authority to	5910
the effect that the issuing authority and the state will do such	5911
or all things necessary for the issuance of such bonds or renewal	5912
notes in appropriate amount, and apply the proceeds thereof to the	5913
extent necessary, to make full payment of the principal of and	5914
interest on such notes at the time or times contemplated, as	5915
provided in such resolution or order. For such purpose, the	5916
issuing authority may issue bonds or renewal notes in such	5917
principal amount and upon such terms as may be necessary to	5918
provide funds to pay when required the principal of and interest	5919
on such notes, notwithstanding any limitations prescribed by or	5920
for purposes of this section. Subject to this division, all	5921
provisions for and references to obligations in this section are	5922
applicable to notes authorized under this division.	5923

The issuing authority in the bond proceedings authorizing the	5924
issuance of bond anticipation notes shall set forth for such bonds	5925
an estimated interest rate and a schedule of principal payments	5926
for such bonds and the annual maturity dates thereof, and for	5927
purposes of any limitation on bond service charges prescribed	5928
under division (A) of section 166.11 of the Revised Code, the	5929
amount of bond service charges on such bond anticipation notes is	5930
deemed to be the bond service charges for the bonds anticipated	5931
thereby as set forth in the bond proceedings applicable to such	5932
notes, but this provision does not modify any authority in this	5933
section to pledge receipts and special funds to, and covenant to	5934
issue bonds to fund, the payment of principal of and interest and	5935
any premium on such notes.	5936

(N) Obligations issued under this section are lawful	5937
investments for banks, societies for savings, savings and loan	5938
associations, deposit guarantee associations, trust companies,	5939
trustees, fiduciaries, insurance companies, including domestic for	5940
life and domestic not for life, trustees or other officers having	5941
charge of sinking and bond retirement or other special funds of	5942
political subdivisions and taxing districts of this state, the	5943
commissioners of the sinking fund of the state, the administrator	5944
of workers' compensation, the state teachers retirement system,	5945
the public employees retirement system, the school employees	5946
retirement system, and the Ohio police and fire pension fund,	5947
notwithstanding any other provisions of the Revised Code or rules	5948
adopted pursuant thereto by any governmental agency of the state	5949
with respect to investments by them, and are also acceptable as	5950
security for the deposit of public moneys.	5951

(O) Unless otherwise provided in any applicable bond	5952
proceedings, moneys to the credit of or in the special funds	5953
established by or pursuant to this section may be invested by or	5954
on behalf of the issuing authority only in notes, bonds, or other	5955
obligations of the United States, or of any agency or	5956
instrumentality of the United States, obligations guaranteed as to	5957
principal and interest by the United States, obligations of this	5958
state or any political subdivision of this state, and certificates	5959
of deposit of any national bank located in this state and any	5960
bank, as defined in section 1101.01 of the Revised Code, subject	5961
to inspection by the superintendent of banks. If the law or the	5962
instrument creating a trust pursuant to division (J) of this	5963
section expressly permits investment in direct obligations of the	5964
United States or an agency of the United States, unless expressly	5965
prohibited by the instrument, such moneys also may be invested in	5966
no-front-end-load money market mutual funds consisting exclusively	5967
of obligations of the United States or an agency of the United	5968
States and in repurchase agreements, including those issued by the	5969
fiduciary itself, secured by obligations of the United States or	5970
an agency of the United States; and in common trust funds	5971
established in accordance with section 1111.20 of the Revised Code	5972
and consisting exclusively of any such securities, notwithstanding	5973
division (A)(4) of that section. The income from such investments	5974
shall be credited to such funds as the issuing authority	5975
determines, and such investments may be sold at such times as the	5976
issuing authority determines or authorizes.	5977

(P) Provision may be made in the applicable bond proceedings	5978
for the establishment of separate accounts in the bond service	5979
fund and for the application of such accounts only to the	5980
specified bond service charges on obligations pertinent to such	5981
accounts and bond service fund and for other accounts therein	5982
within the general purposes of such fund. Unless otherwise	5983
provided in any applicable bond proceedings, moneys to the credit	5984
of or in the several special funds established pursuant to this	5985
section shall be disbursed on the order of the treasurer of state,	5986
provided that no such order is required for the payment from the	5987
bond service fund when due of bond service charges on obligations.	5988

(Q) The issuing authority may pledge all, or such portion as	5989
the issuing authority determines, of the pledged receipts to the	5990
payment of bond service charges on obligations issued under this	5991
section, and for the establishment and maintenance of any	5992
reserves, as provided in the bond proceedings, and make other	5993
provisions therein with respect to pledged receipts as authorized	5994
by this chapter, which provisions are controlling notwithstanding	5995
any other provisions of law pertaining thereto.	5996

(R) The issuing authority may covenant in the bond	5997
proceedings, and any such covenants are controlling	5998
notwithstanding any other provision of law, that the state and	5999
applicable officers and governmental agencies of the state,	6000
including the general assembly, so long as any obligations are	6001
outstanding, shall:	6002

(1) Maintain statutory authority for and cause to be charged	6003
and collected wholesale and retail prices for spirituous liquor	6004
sold by the state or its agents so that the pledged receipts are	6005
sufficient in amount to meet bond service charges, and the	6006
establishment and maintenance of any reserves and other	6007
requirements provided for in the bond proceedings, and, as	6008
necessary, to meet covenants contained in contracts of guarantee	6009
made under section 166.06 of the Revised Code;	6010

(2) Take or permit no action, by statute or otherwise, that	6011
would impair the exemption from federal income taxation of the	6012
interest on the obligations.	6013

(S) There is hereby created the economic development bond	6014
service fund, which shall be in the custody of the treasurer of	6015
state but shall be separate and apart from and not a part of the	6016
state treasury. All moneys received by or on account of the	6017
issuing authority or state agencies and required by the applicable	6018
bond proceedings, consistent with this section, to be deposited,	6019
transferred, or credited to a bond service fund or the economic	6020
development bond service fund, and all other moneys transferred or	6021
allocated to or received for the purposes of the fund, shall be	6022
deposited and credited to such fund and to any separate accounts	6023
therein, subject to applicable provisions of the bond proceedings,	6024
but without necessity for any act of appropriation. During the	6025
period beginning with the date of the first issuance of	6026
obligations and continuing during such time as any such	6027
obligations are outstanding, and so long as moneys in the	6028
pertinent bond service funds are insufficient to pay all bond	6029
services charges on such obligations becoming due in each year, a	6030
sufficient amount of the gross profit on the sale of spirituous	6031
liquor included in pledged receipts are committed and shall be	6032
paid to the bond service fund or economic development bond service	6033
fund in each year for the purpose of paying the bond service	6034
charges becoming due in that year without necessity for further	6035
act of appropriation for such purpose and notwithstanding anything	6036
to the contrary in Chapter 4301. of the Revised Code. The	6037
economic development bond service fund is a trust fund and is	6038
hereby pledged to the payment of bond service charges to the	6039
extent provided in the applicable bond proceedings, and payment	6040
thereof from such fund shall be made or provided for by the	6041
treasurer of state in accordance with such bond proceedings	6042
without necessity for any act of appropriation.	6043

(T) The obligations, the transfer thereof, and the income	6044
therefrom, including any profit made on the sale thereof, shall at	6045
all times be free from taxation within the state.	6046

Sec. 167.04. (A) The regional council of governments shall	6047
adopt by-laws, by a majority vote of its members, designating the	6048
officers of the council and the method of their selection ~~thereof~~,	6049
creating a governing board that may act for the council as	6050
provided in ~~such~~the by-laws, and providing for the conduct of its	6051
business.	6052

(B) The by-laws of the regional council of governments shall	6053
provide for the appointment of a fiscal officer, who may hold any	6054
other office or employment with the council, and who shall	6055
receive, deposit, invest, and disburse the funds of the council in	6056
the manner authorized by the by-laws or action by the council.	6057

(C) The by-laws of a regional council of governments the	6058
members of which include, under sections 167.01 and 167.02 of the	6059
Revised Code, at least eight counties may include a provision	6060
authorizing member attendance and voting at council meetings	6061
either in person or by proxy.	6062

Sec. 167.10. (A) As used in this section and sections	6063
167.101 to 167.105 of the Revised Code:	6064

(1) "Qualifying council" means a regional council established	6065
under section 167.01 of the Revised Code to which both of the	6066
following requirements apply:	6067

(a) The council's membership is composed primarily of city,	6068
local, and exempted village school districts, or any combination	6069
of such districts;	6070

(b) The council is an information technology center approved	6071
under section 3301.075 of the Revised Code.	6072

(2) "Securities" means bonds, notes, or other evidence of	6073
obligation issued in temporary or permanent form, including	6074
book-entry securities.	6075

(B) A qualifying council may acquire, construct, and	6076
otherwise improve real and personal property to be used by or for	6077
the benefit of the qualifying council or one or more of its	6078
members. The acquisition, construction, and improvement may be	6079
financed by cash, installment payments with or without a mortgage,	6080
lease-purchase agreements, leases with an option to purchase, or	6081
securities issued pursuant to section 167.101 of the Revised Code.	6082

Sec. 167.101. (A) A qualifying council may issue securities	6083
only for the purpose described in section 167.10 of the Revised	6084
Code. The securities may be secured only by the following:	6085

(1) A pledge of and lien on the revenue of the qualifying	6086
council, or such lesser portion of the revenue as may be	6087
designated by the qualifying council, whether derived from	6088
agreements with its members and other persons or from its	6089
ownership or operation of any property, including available rates,	6090
charges, rents, interest subsidies, debt charges, grants, or	6091
payments by federal or state agencies, but excluding funds	6092
received pursuant to section 3301.075 of the Revised Code;	6093

(2) Covenants of the qualifying council to maintain rentals,	6094
rates, and charges to produce revenue sufficient to do all of the	6095
following:	6096

(a) Pay all the current expenses of the property financed	6097
with the proceeds of the securities;	6098

(b) Pay the debt charges on the securities;

6099

(c) Establish and maintain any contractually required special	6100
funds relating to the securities or the property acquired,	6101
constructed, or improved.	6102

(B) The qualifying council may issue securities to fund or	6103
refund the securities issued pursuant to division (A) of this	6104
section. The qualifying council also may issue securities in	6105
anticipation of the proceeds of the securities issued pursuant to	6106
this section.	6107

Sec. 167.102. Securities issued under section 167.101 of the	6108
Revised Code are special obligation securities and are not general	6109
obligations of the state, the issuing qualifying council, the	6110
members of the issuing qualifying council, or any political	6111
subdivision of the state. Such securities shall not constitute	6112
debt for which the full faith and credit of the state, the issuing	6113
qualifying council, the members of the issuing qualifying council,	6114
or any political subdivision of the state may be pledged. The	6115
holder or owner of the securities shall have no right to have	6116
money raised by taxation by the state or any political subdivision	6117
of the state obligated or pledged, and money so raised shall not	6118
be obligated or pledged, for the payment of principal or interest	6119
or premium on such securities, and each security shall bear on its	6120
face a statement to that effect. Money received by the qualifying	6121
council pursuant to section 167.06 of the Revised Code shall not	6122
be considered money raised by taxation.	6123

Sec. 167.103. The officers authorized by a qualifying	6124
council issuing securities under section 167.101 of the Revised	6125
Code shall execute the necessary documents to provide for the	6126
pledge, protection, and disposition of the pledged revenues from	6127
which debt charges and any special fund deposits are to be paid.	6128
Those necessary documents include the issued securities, trust	6129
agreements, leases, and other financing documents.	6130

Sec. 167.104. The maximum maturity of securities issued	6131
under section 167.101 of the Revised Code shall be governed by	6132
section 133.20 of the Revised Code.	6133

Sec. 167.105. Except for sections 9.98 to 9.983 and 167.10	6134
to 167.105 of the Revised Code, the securities issued under	6135
section 167.101 of the Revised Code shall not be subject to any	6136
other provision of the Revised Code governing the issuance of	6137
securities by the state, its agencies, or any political	6138
subdivision of the state.	6139

Sec. 173.04. (A) As used in this section, "respite care"	6140
means short-term, temporary care or supervision provided to a	6141
person who has Alzheimer's disease in the absence of the person	6142
who normally provides that care or supervision.	6143

(B) ~~The~~Through the internet web site maintained by the	6144
department of aging, the director of aging shall ~~develop and~~	6145
disseminate ~~new training materials or disseminate existing~~	6146
Alzheimer's disease training materials for licensed physicians,	6147
registered nurses, licensed practical nurses, administrators of	6148
health care programs, social workers, and other health care and	6149
social service personnel who participate or assist in the care or	6150
treatment of persons who have Alzheimer's disease. The training	6151
materials disseminated through the web site may be developed by	6152
the director or obtained from other sources.	6153

(C) To the extent funds are available, the director shall	6154
administer respite care programs and other supportive services for	6155
persons who have Alzheimer's disease and their families or care	6156
givers. Respite care programs shall be approved by the director	6157
and shall be provided for the following purposes:	6158

(1) Giving persons who normally provide care or supervision	6159
for a person who has Alzheimer's disease relief from the stresses	6160
and responsibilities that result from providing such care;	6161

(2) Preventing or reducing inappropriate institutional care	6162
and enabling persons who have Alzheimer's disease to remain at	6163
home as long as possible.	6164

(D) The director may provide services under this section to	6165
persons with Alzheimer's disease and their families regardless of	6166
the age of the persons with Alzheimer's disease.	6167

(E) The director shall adopt rules in accordance with Chapter	6168
119. of the Revised Code governing respite care programs and other	6169
supportive services, the distribution of funds, and the purpose	6170
for which funds may be utilized under this section.	6171

(F) The director may create an Alzheimer's disease and	6172
related disorders task force to advise the director on the	6173
following:	6174

(1) The rights of persons with Alzheimer's disease ~~and on the~~	6175
and related disorders;	6176

(2) The development and evaluation of education and training	6177
programs, home care programs, and respite care programs~~, and~~	6178
~~long-term care initiatives as they relate to~~that serve persons	6179
with Alzheimer's disease and related disorders;	6180

(3) How to serve persons with Alzheimer's disease and related	6181
disorders in Ohio's unified long-term care budget system. If	6182

If a task force is created, the members shall include	6183
representatives of the Alzheimer's disease association and other	6184
organizations the director considers appropriate.	6185

Sec. 173.35. (A) As used in this section, "PASSPORT	6186
administrative agency" means an entity under contract with the	6187
department of aging to provide administrative services regarding	6188
the PASSPORT program created under section 173.40 of the Revised	6189
Code.	6190

(B) The department of aging shall administer the residential	6191
state supplement program under which the state supplements the	6192
supplemental security income payments received by aged, blind, or	6193
disabled adults under Title XVI of the "Social Security Act," 49	6194
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	6195
supplement payments shall be used for the provision of	6196
accommodations, supervision, and personal care services to	6197
supplemental security income recipients who the department	6198
determines are at risk of needing institutional care.	6199

(C) For an individual to be eligible for residential state	6200
supplement payments, all of the following must be the case:	6201

(1) Except as provided by division (G) of this section, the	6202
individual must reside in one of the following:	6203

(a) An adult foster home certified under section 173.36 of	6204
the Revised Code;	6205

(b) A home or facility, other than a nursing home or nursing	6206
home unit of a home for the aging, licensed by the department of	6207
health under Chapter 3721. or 3722. of the Revised Code and	6208
certified in accordance with standards established by the director	6209
of aging under division (D)(2) of this section;	6210

(c) A community alternative home licensed under section	6211
3724.03 of the Revised Code and certified in accordance with	6212
standards established by the director of aging under division	6213
(D)(2) of this section;	6214

(d) A residential facility as defined in division	6215
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	6216
the department of mental health and certified in accordance with	6217
standards established by the director of aging under division	6218
(D)(2) of this section;	6219

(e) An apartment or room used to provide community mental	6220
health housing services certified by the department of mental	6221
health under section 5119.611 of the Revised Code and approved by	6222
a board of alcohol, drug addiction, and mental health services	6223
under division (A)(14) of section 340.03 of the Revised Code and	6224
certified in accordance with standards established by the director	6225
of aging under division (D)(2) of this section.	6226

(2) Effective July 1, 2000, a PASSPORT administrative agency	6227
must have determined that the environment in which the individual	6228
will be living while receiving the payments is appropriate for the	6229
individual's needs. If the individual is eligible for supplemental	6230
security income payments or social security disability insurance	6231
benefits because of a mental disability, the PASSPORT	6232
administrative agency shall refer the individual to a community	6233
mental health agency for the community mental health agency to	6234
issue in accordance with section 340.091 of the Revised Code a	6235
recommendation on whether the PASSPORT administrative agency	6236
should determine that the environment in which the individual will	6237
be living while receiving the payments is appropriate for the	6238
individual's needs. Division (C)(2) of this section does not apply	6239
to an individual receiving residential state supplement payments	6240
on June 30, 2000, until the individual's first eligibility	6241
redetermination after that date.	6242

(3) The individual satisfies all eligibility requirements	6243
established by rules adopted under division (D) of this section.	6244

(D)(1) The directors of aging and job and family services	6245
shall adopt rules in accordance with section 111.15 of the Revised	6246
Code as necessary to implement the residential state supplement	6247
program.	6248

To the extent permitted by Title XVI of the "Social Security	6249
Act," and any other provision of federal law, the director of job	6250
and family services shall adopt rules establishing standards for	6251
adjusting the eligibility requirements concerning the level of	6252
impairment a person must have so that the amount appropriated for	6253
the program by the general assembly is adequate for the number of	6254
eligible individuals. The rules shall not limit the eligibility of	6255
disabled persons solely on a basis classifying disabilities as	6256
physical or mental. The director of job and family services also	6257
shall adopt rules that establish eligibility standards for aged,	6258
blind, or disabled individuals who reside in one of the homes or	6259
facilities specified in division (C)(1) of this section but who,	6260
because of their income, do not receive supplemental security	6261
income payments. The rules may provide that these individuals may	6262
include individuals who receive other types of benefits,	6263
including, social security disability insurance benefits provided	6264
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	6265
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	6266
section, such payments may be made if funds are available for	6267
them.	6268

The director of aging shall adopt rules establishing the	6269
method to be used to determine the amount an eligible individual	6270
will receive under the program. The amount the general assembly	6271
appropriates for the program shall be a factor included in the	6272
method that department establishes.	6273

(2) The director of aging shall adopt rules in accordance	6274
with Chapter 119. of the Revised Code establishing standards for	6275
certification of living facilities described in division (C)(1) of	6276
this section.	6277

The directors of aging and mental health shall enter into an	6278
agreement to certify facilities that apply for certification and	6279
meet the standards established by the director of aging under this	6280
division.	6281

(E) The county department of job and family services of the	6282
county in which an applicant for the residential state supplement	6283
program resides shall determine whether the applicant meets income	6284
and resource requirements for the program.	6285

(F) The department of aging shall maintain a waiting list of	6286
any individuals eligible for payments under this section but not	6287
receiving them because moneys appropriated to the department for	6288
the purposes of this section are insufficient to make payments to	6289
all eligible individuals. An individual may apply to be placed on	6290
the waiting list even though the individual does not reside in one	6291
of the homes or facilities specified in division (C)(1) of this	6292
section at the time of application. The director of aging, by	6293
rules adopted in accordance with Chapter 119. of the Revised	6294
Code, shall specify procedures and requirements for placing an	6295
individual on the waiting list and priorities for the order in	6296
which individuals placed on the waiting list are to begin to	6297
receive residential state supplement payments. ~~Individuals on the~~	6298
~~waiting list who reside in a community setting not required to be~~	6299
~~licensed or certified shall have their eligibility for the~~	6300
~~payments assessed before other individuals on the waiting list.~~	6301
The rules specifying priorities may give priority to individuals	6302
placed on the waiting list on or after July 1, 2006, who receive	6303
supplemental security income benefits under Title XVI of the	6304
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	6305
amended. The rules shall not affect the place on the waiting list	6306
of any person who was on the list on July 1, 2006. The rules	6307
specifying priorities may also set additional priorities based on	6308
living arrangement, such as whether an individual resides in a	6309
facility listed in division (C)(1) of this section or has been	6310
admitted to a nursing facility.	6311

(G) An individual in a licensed or certified living	6312
arrangement receiving state supplementation on November 15, 1990,	6313
under former section 5101.531 of the Revised Code shall not become	6314
ineligible for payments under this section solely by reason of the	6315
individual's living arrangement as long as the individual remains	6316
in the living arrangement in which the individual resided on	6317
November 15, 1990.	6318

(H) The department of aging shall notify each person denied	6319
approval for payments under this section of the person's right to	6320
a hearing. On request, the hearing shall be provided by the	6321
department of job and family services in accordance with section	6322
5101.35 of the Revised Code.	6323

Sec. 173.351. (A) As used in this section:

6324

"Area agency on aging" has the same meaning as in section	6325
173.14 of the Revised Code.	6326

"Long-term care consultation program" means the program the	6327
department of aging is required to develop under section 173.42 of	6328
the Revised Code.	6329

"Long-term care consultation program administrator" or	6330
"administrator" means the department of aging or, if the	6331
department contracts with an area agency on aging or other entity	6332
to administer the long-term care consultation program for a	6333
particular area, that agency or entity.	6334

"Nursing facility" has the same meaning as in section 5111.20	6335
of the Revised Code.	6336

"Residential state supplement program" means the program	6337
administered pursuant to section 173.35 of the Revised Code.	6338

(B) Each month, each area agency on aging shall determine	6339
whether individuals who reside in the area that the area agency on	6340
aging serves and are on a waiting list for the residential state	6341
supplement program have been admitted to a nursing facility. If an	6342
area agency on aging determines that such an individual has been	6343
admitted to a nursing facility, the agency shall notify the	6344
long-term care consultation program administrator serving the area	6345
in which the individual resides about the determination. The	6346
administrator shall determine whether the residential state	6347
supplement program is appropriate for the individual and whether	6348
the individual would rather participate in the program than	6349
continue residing in the nursing facility. If the administrator	6350
determines that the residential state supplement program is	6351
appropriate for the individual and the individual would rather	6352
participate in the program than continue residing in the nursing	6353
facility, the administrator shall so notify the department of	6354
aging. On receipt of the notice from the administrator, the	6355
department of aging shall approve the individual's enrollment in	6356
the residential state supplement program in accordance with the	6357
priorities specified in rules adopted under division (F) of	6358
section 173.35 of the Revised Code. Each quarter, the department	6359
of aging shall certify to the director of budget and management	6360
the estimated increase in costs of the residential state	6361
supplement program resulting from enrollment of individuals in	6362
the program pursuant to this section.	6363

(C) Not later than the last day of each calendar year, the	6364
director of aging shall submit to the general assembly a report	6365
regarding the number of individuals enrolled in the residential	6366
state supplement program pursuant to this section and the costs	6367
incurred and savings achieved as a result of the enrollments.	6368

Sec. 173.401. (A) As used in this section:

6369

"Area agency on aging" has the same meaning as in section	6370
173.14 of the Revised Code.	6371

"Long-term care consultation program" means the program the	6372
department of aging is required to develop under section 173.42 of	6373
the Revised Code.	6374

"Long-term care consultation program administrator" or	6375
"administrator" means the department of aging or, if the	6376
department contracts with an area agency on aging or other entity	6377
to administer the long-term care consultation program for a	6378
particular area, that agency or entity.	6379

"Nursing facility" has the same meaning as in section 5111.20	6380
of the Revised Code.	6381

"PASSPORT program" means the program created under section	6382
173.40 of the Revised Code.	6383

"PASSPORT waiver" means the federal medicaid waiver granted	6384
by the United States secretary of health and human services that	6385
authorizes the PASSPORT program.	6386

(B) The director of job and family services shall submit to	6387
the United States secretary of health and human services an	6388
amendment to the PASSPORT waiver that authorizes additional	6389
enrollments in the PASSPORT program pursuant to this section.	6390
Beginning with the month following the month in which the United	6391
States secretary approves the amendment and each month thereafter,	6392
each area agency on aging shall determine whether individuals who	6393
reside in the area that the area agency on aging serves and are on	6394
a waiting list for the PASSPORT program have been admitted to a	6395
nursing facility. If an area agency on aging determines that such	6396
an individual has been admitted to a nursing facility, the agency	6397
shall notify the long-term care consultation program administrator	6398
serving the area in which the individual resides about the	6399
determination. The administrator shall determine whether the	6400
PASSPORT program is appropriate for the individual and whether the	6401
individual would rather participate in the PASSPORT program than	6402
continue residing in the nursing facility. If the administrator	6403
determines that the PASSPORT program is appropriate for the	6404
individual and the individual would rather participate in the	6405
PASSPORT program than continue residing in the nursing facility,	6406
the administrator shall so notify the department of aging. On	6407
receipt of the notice from the administrator, the department of	6408
aging shall approve the individual's enrollment in the PASSPORT	6409
program regardless of the PASSPORT program's waiting list and even	6410
though the enrollment causes enrollment in the program to exceed	6411
the limit that would otherwise apply. Each quarter, the department	6412
of aging shall certify to the director of budget and management	6413
the estimated increase in costs of the PASSPORT program resulting	6414
from enrollment of individuals in the PASSPORT program pursuant to	6415
this section.	6416

(C) Not later than the last day of each calendar year, the	6417
director of job and family services shall submit to the general	6418
assembly a report regarding the number of individuals enrolled in	6419
the PASSPORT program pursuant to this section and the costs	6420
incurred and savings achieved as a result of the enrollments.	6421

Sec. 173.71. As used in sections 173.71 to 173.91 of the	6422
Revised Code:	6423

(A) "Children's health insurance program" means the	6424
children's health insurance program part I ~~and~~, part II, and part	6425
III established under sections 5101.50 to ~~5101.5110~~5101.529 of	6426
the Revised Code.	6427

(B) "Disability medical assistance program" means the program	6428
established under section 5115.10 of the Revised Code.	6429

(C) "Medicaid program" or "medicaid" means the medical	6430
assistance program established under Chapter 5111. of the Revised	6431
Code.	6432

(D) "National drug code number" means the number registered	6433
for a drug pursuant to the listing system established by the	6434
United States food and drug administration under the "Drug Listing	6435
Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended.	6436

(E) "Ohio's best Rx program participant" or "participant"	6437
means an individual determined eligible for the Ohio's best Rx	6438
program and included under an Ohio's best Rx program enrollment	6439
card.	6440

(F) "Participating manufacturer" means a drug manufacturer	6441
participating in the Ohio's best Rx program pursuant to a	6442
manufacturer agreement entered into under section 173.81 of the	6443
Revised Code.	6444

(G) "Participating terminal distributor" means a terminal	6445
distributor of dangerous drugs participating in the Ohio's best Rx	6446
program pursuant to an agreement entered into under section 173.79	6447
of the Revised Code.	6448

(H) "Political subdivision" has the same meaning as in	6449
section 9.23 of the Revised Code.	6450

(I) "State agency" has the same meaning as in section 9.23 of	6451
the Revised Code.	6452

(J) "Terminal distributor of dangerous drugs" has the same	6453
meaning as in section 4729.01 of the Revised Code.	6454

(K) "Third-party payer" has the same meaning as in section	6455
3901.38 of the Revised Code.	6456

(L) "Trade secret" has the same meaning as in section 1333.61	6457
of the Revised Code.	6458

(M) "Usual and customary charge" means the amount a	6459
participating terminal distributor or the drug mail order system	6460
included in the Ohio's best Rx program pursuant to section 173.78	6461
of the Revised Code charges when a drug included in the program is	6462
purchased by an individual who does not receive a discounted price	6463
for the drug pursuant to any drug discount program, including the	6464
Ohio's best Rx program or a pharmacy assistance program	6465
established by any person or government entity, and for whom no	6466
third-party payer or program funded in whole or part with state or	6467
federal funds is responsible for all or part of the cost of the	6468
drug.	6469

Sec. 173.85. (A) The Ohio's best Rx program fund is hereby	6470
created~~. The fund shall be~~ in ~~the custody of the treasurer of~~	6471
~~state, but shall not be part of~~ the state treasury. The fund shall	6472
consist of the following:	6473

(1) Manufacturer payments made by participating manufacturers	6474
pursuant to agreements entered into under section 173.81 of the	6475
Revised Code;	6476

(2) Administrative fees, if an administrative fee is	6477
determined by the department of aging in rules adopted under	6478
section 173.83 of the Revised Code;	6479

(3) Any amounts donated to the fund and accepted by the	6480
department;	6481

(4) The fund's investment earnings.

6482

(B) Money in the Ohio's best Rx program fund shall be used to	6483
make payments under section 173.801 of the Revised Code and to	6484
make transfers to the Ohio's best Rx administration fund in	6485
accordance with section 173.86 of the Revised Code.	6486

Sec. 173.86. (A) The Ohio's best Rx administration fund is	6487
hereby created in the state treasury. The ~~treasurer of state~~	6488
director of budget and management shall transfer from the Ohio's	6489
best Rx program fund to the Ohio's best Rx administration fund	6490
amounts equal to the following:	6491

(1) Amounts resulting from application of the program	6492
administration percentage, if a program administration percentage	6493
is determined by the department of aging in rules adopted under	6494
section 173.83 of the Revised Code;	6495

(2) The amount of the administrative fees charged Ohio's best	6496
Rx participants, if an administrative fee is determined by the	6497
department of aging in rules adopted under section 173.83 of the	6498
Revised Code;	6499

(3) The amount of any donations credited to the Ohio's best	6500
Rx program fund;	6501

(4) The amount of investment earnings credited to the Ohio's	6502
best Rx program fund.	6503

The ~~treasurer of state~~director of budget and management	6504
shall make the transfers in accordance with a schedule developed	6505
by the ~~treasurer of state~~director and the department of aging.	6506

(B) The department of aging shall use money in the Ohio's	6507
best Rx administration fund to pay the administrative costs of the	6508
Ohio's best Rx program, including, but not limited to, costs	6509
associated with contracted services, staff, outreach activities,	6510
computers and network services, and the Ohio's best Rx program	6511
council. If the fund includes an amount that exceeds the amount	6512
necessary to pay the administrative costs of the program, the	6513
department may use the excess amount to pay the cost of subsidies	6514
provided to Ohio's best Rx program participants under any subsidy	6515
program established pursuant to section 173.861 of the Revised	6516
Code.	6517

Sec. 174.03. (A) The department of development and the Ohio	6518
housing finance agency shall each develop programs under which, in	6519
accordance with rules adopted under this section, they may make	6520
grants, loans, loan guarantees, and loan subsidies to counties,	6521
municipal corporations, townships, local housing authorities, and	6522
nonprofit organizations and may make loans, loan guarantees, and	6523
loan subsidies to private developers and private lenders to assist	6524
in activities that provide housing and housing assistance for	6525
specifically targeted low- and moderate-income families and	6526
individuals. There is no minimum housing project size for awards	6527
under this division for any project that is developed for a	6528
special needs population and that is supported by a social service	6529
agency where the housing project is located. Activities for which	6530
grants, loans, loan guarantees, and loan subsidies may be made	6531
under this section include all of the following:	6532

(1) Acquiring, financing, constructing, leasing,	6533
rehabilitating, remodeling, improving, and equipping publicly or	6534
privately owned housing;	6535

(2) Providing supportive services related to housing and the	6536
homeless, including housing counseling. Not more than twenty per	6537
cent of the current year appropriation authority for the low- and	6538
moderate-income housing trust fund that remains after the award of	6539
funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of	6540
section 174.02 of the Revised Code, shall be awarded in any fiscal	6541
year for supportive services.	6542

(3) Providing rental assistance payments or other project	6543
operating subsidies that lower tenant rents.	6544

(B) Activities listed under division (A) of this section may	6545
include emergency shelter care programs for unaccompanied youth	6546
seventeen years of age and younger.	6547

(C) Grants, loans, loan guarantees, and loan subsidies may be	6548
made to counties, municipal corporations, townships, and nonprofit	6549
organizations for the additional purposes of providing technical	6550
assistance, design and finance services and consultation, and	6551
payment of pre-development and administrative costs related to any	6552
of the activities listed above.	6553

~~(C)~~(D) In developing programs under this section, the	6554
department and the agency shall invite, accept, and consider	6555
public comment, and recommendations from the housing trust fund	6556
advisory committee created under section 174.06 of the Revised	6557
Code, on how the programs should be designed to most effectively	6558
benefit low- and moderate-income families and individuals. The	6559
programs developed under this section shall respond collectively	6560
to housing and housing assistance needs of low- and	6561
moderate-income families and individuals statewide.	6562

~~(D)~~(E) The department and the agency, in accordance with	6563
Chapter 119. of the Revised Code, shall each adopt rules to	6564
administer programs developed under this section. The rules shall	6565
prescribe procedures and forms that counties, municipal	6566
corporations, townships, local housing authorities, and nonprofit	6567
organizations shall use in applying for grants, loans, loan	6568
guarantees, and loan subsidies and that private developers and	6569
private lenders shall use in applying for loans, loan guarantees,	6570
and loan subsidies; eligibility criteria for the receipt of funds;	6571
procedures for reviewing and granting or denying applications;	6572
procedures for paying out funds; conditions on the use of funds;	6573
procedures for monitoring the use of funds; and procedures under	6574
which a recipient shall be required to repay funds that are	6575
improperly used. The rules shall do both of the following:	6576

(1) Require each recipient of a grant or loan made from the	6577
low- and moderate-income housing trust fund for activities that	6578
provide, or assist in providing, a rental housing project, to	6579
reasonably ensure that the rental housing project will remain	6580
affordable to those families and individuals targeted for the	6581
rental housing project for the useful life of the rental housing	6582
project or for thirty years, whichever is longer;	6583

(2) Require each recipient of a grant or loan made from the	6584
low- and moderate-income housing trust fund for activities that	6585
provide, or assist in providing, a housing project to prepare and	6586
implement a plan to reasonably assist any families and individuals	6587
displaced by the housing project in obtaining decent affordable	6588
housing.	6589

~~(E)~~(F) In prescribing eligibility criteria and conditions for	6590
the use of funds, neither the department nor the agency is limited	6591
to the criteria and conditions specified in this section and each	6592
may prescribe additional eligibility criteria and conditions that	6593
relate to the purposes for which grants, loans, loan guarantees,	6594
and loan subsidies may be made. However, the department and agency	6595
are limited by the following specifically targeted low- and	6596
moderate-income guidelines:	6597

(1) Not less than seventy-five per cent of the money granted	6598
and loaned under this section in any fiscal year shall be for	6599
activities that provide affordable housing and housing assistance	6600
to families and individuals whose incomes are equal to or less	6601
than fifty per cent of the median income for the county in which	6602
they live, as determined by the department under section 174.04	6603
of the Revised Code.	6604

(2) Any money granted and loaned under this section in any	6605
fiscal year that is not granted or loaned pursuant to division	6606
~~(E)~~(F)(1) of this section shall be for activities that provide	6607
affordable housing and housing assistance to families and	6608
individuals whose incomes are equal to or less than eighty per	6609
cent of the median income for the county in which they live, as	6610
determined by the department under section 174.04 of the Revised	6611
Code.	6612

~~(F)~~(G) In making grants, loans, loan guarantees, and loan	6613
subsidies under this section, the department and the agency shall	6614
give preference to viable projects and activities that benefit	6615
those families and individuals whose incomes are equal to or less	6616
than thirty-five per cent of the median income for the county in	6617
which they live, as determined by the department under section	6618
174.04 of the Revised Code.	6619

~~(G)~~(H) The department and the agency shall monitor the	6620
programs developed under this section to ensure that money granted	6621
and loaned under this section is not used in a manner that	6622
violates division (H) of section 4112.02 of the Revised Code or	6623
discriminates against families with children.	6624

Sec. 174.06. (A) There is hereby created the housing trust	6625
fund advisory committee. The committee consists of fourteen	6626
members the governor appoints as follows to represent	6627
organizations committed to housing and housing assistance for low-	6628
and moderate-income persons:	6629

(1) One member to represent lenders.

6630

(2) One member to represent for-profit builders and	6631
developers.	6632

(3) One member to represent the families and individuals	6633
included in the income groups targeted for housing and housing	6634
assistance under divisions ~~(E) and~~ (F) and (G) of section 174.03	6635
of the Revised Code.	6636

(4) One member to represent religious, civic, or social	6637
service organizations.	6638

(5) One member to represent counties.

6639

(6) One member to represent municipal corporations.

6640

(7) One member to represent townships.

6641

(8) One member to represent local housing authorities.

6642

(9) One member to represent fair housing organizations.

6643

(10) Three members to represent nonprofit organizations.

6644

(11) One member to represent real estate brokers licensed	6645
under Chapter 4735. of the Revised Code.	6646

(12) One member to represent the for-profit rental housing	6647
industry.	6648

(B)(1) Terms of office are for four years, with each term	6649
ending on the same day of the same month as did the term that it	6650
succeeds. Each member shall hold office from the date of	6651
appointment until the end of the term for which the member was	6652
appointed. Vacancies shall be filled in the manner prescribed for	6653
the original appointment. A member appointed to fill a vacancy	6654
occurring prior to the expiration of a term shall hold office for	6655
the remainder of that term. A member shall continue in office	6656
subsequent to the expiration of a term until a successor takes	6657
office or until a period of sixty days has elapsed, whichever	6658
occurs first.	6659

(2) The governor may remove a member for misfeasance,	6660
malfeasance, or willful neglect of duty.	6661

(C)(1) The committee shall select a chairperson from among	6662
its members. The committee shall meet at least once each calendar	6663
year and upon the call of the chair. Members of the committee	6664
serve without compensation, but shall be reimbursed for reasonable	6665
and necessary expenses incurred in the discharge of duties.	6666

(2) The department of development shall provide the committee	6667
with a meeting place, supplies, and staff assistance as the	6668
committee requests.	6669

(D) The committee shall assist the department and the Ohio	6670
housing finance agency in defining housing needs and priorities,	6671
recommend to the department and agency at least annually how the	6672
programs developed under section 174.02 of the Revised Code should	6673
be designed to most effectively benefit low- and moderate-income	6674
persons, consider an allocation of funds for projects of fifteen	6675
units or less, and advise the director of development on whether	6676
and how to reallocate money in the low- and moderate-income	6677
housing trust fund under division (B) of section 174.02 of the	6678
Revised Code.	6679

Sec. 183.01. As used in this chapter:

6680

(A) "Tobacco master settlement agreement" means the	6681
settlement agreement (and related documents) entered into on	6682
November 23, 1998 by the state and leading United States tobacco	6683
product manufacturers.	6684

(B) ~~"Net amounts credited to the tobacco master settlement~~	6685
~~agreement fund" means all amounts credited to the tobacco master~~	6686
~~settlement agreement fund during a fiscal year, minus all amounts~~	6687
~~required to be transferred under section 183.02 of the Revised~~	6688
~~Code to the education facilities trust fund, the education~~	6689
~~facilities endowment fund, and the income tax reduction fund~~	6690
~~during the fiscal year. In addition, in fiscal year 2000, "net~~	6691
~~amounts credited to the tobacco master settlement agreement fund"~~	6692
~~does not include amounts credited to the tobacco use prevention~~	6693
~~and cessation trust fund, law enforcement improvements trust fund,~~	6694
~~and southern Ohio agricultural and community development trust~~	6695
~~fund from the first payment received that year.~~	6696

~~(C)~~ "Southern Ohio" includes any county in this state where	6697
tobacco has traditionally been grown.	6698

Sec. 183.021. (A) No money from the tobacco master	6699
settlement agreement fund, as that fund existed prior to the	6700
repeal of section 183.02 of the Revised Code by H.B. 119 of the	6701
127th general assembly, shall be expended to do any of the	6702
following:	6703

(1) Hire an executive agency lobbyist, as defined under	6704
section 121.60 of the Revised Code, or a legislative agent, as	6705
defined under section 101.70 of the Revised Code;	6706

(2) Support or oppose candidates, ballot questions,	6707
referendums, or ballot initiatives.	6708

(B) Nothing in this section prohibits any of the following	6709
from advocating on behalf of the specific objectives of a program	6710
funded under this chapter:	6711

(1) The members of the board of trustees, executive director,	6712
or employees of the tobacco use prevention and control foundation;	6713

(2) The members of the board of trustees, executive director,	6714
or employees of the southern Ohio agricultural and community	6715
development foundation;	6716

(3) The members or employees of the third frontier commission	6717
or the members of the third frontier advisory board.	6718

Sec. 183.061. The board of trustees of the tobacco use	6719
prevention and control foundation may form a nonprofit corporation	6720
pursuant to Chapter 1702. of the Revised Code for the purpose of	6721
raising money to aid the foundation in the conduct of its duties	6722
under Chapter 183. of the Revised Code.	6723

Sec. 183.17. The fiscal year of the southern Ohio	6724
agricultural and community development foundation shall be the	6725
same as the fiscal year of the state.	6726

Within ninety days after the end of each fiscal year, the	6727
foundation shall submit to the governor and the general assembly	6728
both of the following:	6729

(A) A report of the activities of the foundation during the	6730
preceding fiscal year. The report shall also contain an	6731
independent evaluation of the progress being made by the	6732
foundation in carrying out its duties.	6733

(B) A financial report of the foundation for the preceding	6734
year, which shall include both:	6735

(1) Information on the amount and percentage of overhead and	6736
administrative expenditures compared to programmatic expenditures;	6737

(2) An independent auditor's report on the basic financial	6738
statements and required supplementary information of the	6739
foundation. Such financial statements shall be prepared in	6740
conformity with generally accepted accounting principles	6741
prescribed for governmental entities.	6742

On or before July 1, 2010, the foundation shall report to the	6743
governor and the general assembly on the progress that the	6744
foundation has made in replacing the production of tobacco in	6745
southern Ohio with the production of other agricultural products	6746
and in mitigating the adverse economic impact of reduced tobacco	6747
production in the region. ~~If the foundation concludes that a need~~	6748
~~for additional funding still exists, the foundation may request~~	6749
~~that provision be made for a portion of the payments credited to~~	6750
~~the tobacco master settlement agreement fund to continue to be~~	6751
~~transferred to the southern Ohio agricultural and community~~	6752
~~development trust fund.~~	6753

Sec. 183.33. No money shall be appropriated or transferred	6754
from the general revenue fund to the ~~tobacco master settlement~~	6755
~~agreement fund,~~ tobacco use prevention and cessation trust fund,	6756
tobacco use prevention and control endowment fund, law enforcement	6757
improvements trust fund, southern Ohio agricultural and community	6758
development trust fund, southern Ohio agricultural and community	6759
development foundation endowment fund, Ohio's public health	6760
priorities trust fund, biomedical research and technology transfer	6761
trust fund, education facilities trust fund, ~~education facilities~~	6762
~~endowment fund,~~ or education technology trust fund. In addition,	6763
no money shall be otherwise appropriated or transferred from the	6764
general revenue fund for the use of the tobacco use prevention and	6765
control foundation ~~or the southern Ohio agricultural and community~~	6766
~~development foundation~~.	6767

Sec. 183.34. There is hereby created in the state treasury	6768
the tobacco settlement oversight, administration, and enforcement	6769
fund, to which shall ~~be credited~~consist of amounts transferred	6770
under division (I) of section 183.02 of the Revised Code prior to	6771
the repeal of that section by H.B. 119 of the 127th general	6772
assembly. The attorney general shall use the fund to pay costs	6773
incurred in the oversight, administration, and enforcement of the	6774
tobacco master settlement agreement.	6775

Sec. 183.35. There is hereby created in the state treasury	6776
the tobacco settlement enforcement fund, to which shall be	6777
~~credited~~consist of amounts transferred under division (J) of	6778
section 183.02 of the Revised Code prior to the repeal of that	6779
section by H.B. 119 of the 127th general assembly. The tax	6780
commissioner shall use the fund to pay costs incurred in the	6781
enforcement of divisions (F) and (G) of section 5743.03 of the	6782
Revised Code.	6783

Sec. 183.51. (A) As used in this section and in the	6784
applicable bond proceedings unless otherwise provided:	6785

(1) "Bond proceedings" means the resolutions, orders,	6786
indentures, purchase and sale and trust and other agreements	6787
including any amendments or supplements to them, and credit	6788
enhancement facilities, and amendments and supplements to them, or	6789
any one or more or combination of them, authorizing, awarding, or	6790
providing for the terms and conditions applicable to or providing	6791
for the security or liquidity of, the particular obligations, and	6792
the provisions contained in those obligations.	6793

(2) "Bond service fund" means the bond service fund created	6794
in the bond proceedings for the obligations.	6795

(3) "Capital facilities" means, as applicable, capital	6796
facilities or projects as referred to in section 151.03 or 151.04	6797
of the Revised Code.	6798

(4) "Consent decree" means the consent decree and final	6799
judgment entered November 25, 1998, in the court of common pleas	6800
of Franklin county, Ohio, as the same may be amended or	6801
supplemented from time to time.	6802

(5) "Cost of capital facilities" has the same meaning as in	6803
section 151.01 of the Revised Code, as applicable.	6804

(6) "Credit enhancement facilities," "financing costs," and	6805
"interest" or "interest equivalent" have the same meanings as in	6806
section 133.01 of the Revised Code.	6807

(7) "Debt service" means principal, including any mandatory	6808
sinking fund or redemption requirements for retirement of	6809
obligations, interest and other accreted amounts, interest	6810
equivalent, and any redemption premium, payable on obligations. If	6811
not prohibited by the applicable bond proceedings, "debt service"	6812
may include costs relating to credit enhancement facilities that	6813
are related to and represent, or are intended to provide a source	6814
of payment of or limitation on, other debt service.	6815

(8) "Improvement fund" means, as applicable, the school	6816
building program assistance fund created in section 3318.25 of the	6817
Revised Code and the higher education improvement fund created in	6818
section 154.21 of the Revised Code.	6819

(9) "Issuing authority" means the buckeye tobacco settlement	6820
financing authority created in section 183.52 of the Revised Code.	6821

(10) "Net proceeds" means amounts received from the sale of	6822
obligations, excluding amounts used to refund or retire	6823
outstanding obligations, amounts required to be deposited into	6824
special funds pursuant to the applicable bond proceedings, and	6825
amounts to be used to pay financing costs.	6826

(11) "Obligations" means bonds, notes, or other evidences of	6827
obligation of the issuing authority, including any appertaining	6828
interest coupons, issued by the issuing authority under this	6829
section and Section 2i of Article VIII, Ohio Constitution, for the	6830
purpose of providing funds to the state, in exchange for the	6831
assignment and sale described in division (B) of this section, for	6832
the purpose of paying costs of capital facilities for: (a) housing	6833
branches and agencies of state government limited to facilities	6834
for a system of common schools throughout the state and (b)	6835
state-supported or state-assisted institutions of higher	6836
education.	6837

(12) "Pledged receipts" means, as and to the extent provided	6838
for in the applicable bond proceedings:	6839

(a) Pledged tobacco settlement receipts;

6840

(b) Accrued interest received from the sale of obligations;

6841

6842

(d) Additional or any other specific revenues or receipts	6843
lawfully available to be pledged, and pledged, pursuant to the	6844
bond proceedings, including but not limited to amounts received	6845
under credit enhancement facilities, to the payment of debt	6846
service.	6847

(13) "Pledged tobacco settlement receipts" means all amounts	6848
received by the issuing authority pursuant to division (B) of this	6849
section.	6850

(14) "Principal amount" means the aggregate of the amount as	6851
stated or provided for in the applicable bond proceedings as the	6852
amount on which interest or interest equivalent on particular	6853
obligations is initially calculated. "Principal amount" does not	6854
include any premium paid to the issuing authority by the initial	6855
purchaser of the obligations. "Principal amount" of a capital	6856
appreciation bond, as defined in division (C) of section 3334.01	6857
of the Revised Code, means its original face amount and not its	6858
accreted value, and "principal amount" of a zero coupon bond, as	6859
defined in division (J) of section 3334.01 of the Revised Code,	6860
means the discounted offering price at which the bond is initially	6861
sold to the public, disregarding any purchase price discount to	6862
the original purchaser, if provided in or for pursuant to the bond	6863
proceedings.	6864

(15) "Special funds" or "funds," unless the context indicates	6865
otherwise, means the bond service fund, and any other funds,	6866
including any reserve funds, created under the bond proceedings	6867
and stated to be special funds in those proceedings, including	6868
moneys and investments, and earnings from investments, credited	6869
and to be credited to the particular fund. "Special funds" does	6870
not include any improvement fund or investment earnings on amounts	6871
in any improvement fund, or other funds created by the bond	6872
proceedings that are not stated by those proceedings to be special	6873
funds.	6874

(B) The state may assign and sell to the issuing authority,	6875
and the issuing authority may accept and purchase, all or a	6876
portion of the amounts to be received by the state under the	6877
tobacco master settlement agreement for a purchase price payable	6878
by the issuing authority to the state consisting of the net	6879
proceeds of obligations and any residual interest, if any. Any	6880
such assignment and sale shall be irrevocable in accordance with	6881
its terms during the period any obligations secured by amounts so	6882
assigned and sold are outstanding under the applicable bond	6883
proceedings, and shall constitute a contractual obligation to the	6884
holders or owners of those obligations. Any such assignment and	6885
sale shall also be treated as an absolute transfer and true sale	6886
for all purposes, and not as a pledge or other security interest.	6887
The characterization of any such assignment and sale as a true	6888
sale and absolute transfer shall not be negated or adversely	6889
affected by only a portion of the amounts to be received under the	6890
tobacco master settlement agreement being transferred, the	6891
acquisition or retention by the state of a residual interest, the	6892
participation of any state officer or employee as a member or	6893
officer of, or providing staff support to, the issuing authority,	6894
any responsibility of an officer or employee of the state for	6895
collecting the amounts to be received under the tobacco master	6896
settlement agreement or otherwise enforcing that agreement or	6897
retaining any legal title to or interest in any portion of the	6898
amounts to be received under that agreement for the purpose of	6899
these collection activities, any characterization of the issuing	6900
authority or its obligations for purposes of accounting, taxation,	6901
or securities regulation, or by any other factors whatsoever. A	6902
true sale shall exist under this section regardless of whether the	6903
issuing authority has any recourse against the state or any other	6904
term of the bond proceedings or the treatment or characterization	6905
of the transfer as a financing for any purpose. Upon and following	6906
the assignment and sale, the state shall not have any right,	6907
title, or interest in the portion of the receipts under the	6908
tobacco master settlement agreement so assigned and sold, other	6909
than any residual interest that may be described in the applicable	6910
bond proceedings for those obligations, and that portion, if any,	6911
shall be the property of the issuing authority and not of the	6912
state, and shall be paid directly to the issuing authority, and	6913
shall be owned, received, held, and disbursed by the issuing	6914
authority and not by the state.	6915

The state may covenant, pledge, and agree in the bond	6916
proceedings, with and for the benefit of the issuing authority,	6917
the holders and owners of obligations, and providers of any credit	6918
enhancement facilities, that it shall: (1) maintain statutory	6919
authority for, and cause to be collected and paid directly to the	6920
issuing authority or its assignee, the pledged receipts, (2)	6921
enforce the rights of the issuing authority to receive the	6922
receipts under the tobacco master settlement agreement assigned	6923
and sold to the issuing authority, (3) not materially impair the	6924
rights of the issuing authority to fulfill the terms of its	6925
agreements with the holders or owners of outstanding obligations	6926
under the bond proceedings, (4) not materially impair the rights	6927
and remedies of the holders or owners of outstanding obligations	6928
or materially impair the security for those outstanding	6929
obligations, and (5) enforce Chapter 1346. of the Revised Code,	6930
the tobacco master settlement agreement, and the consent decree	6931
to effectuate the collection of the pledged tobacco settlement	6932
receipts. The bond proceedings may provide or authorize the manner	6933
for determining material impairment of the security for any	6934
outstanding obligations, including by assessing and evaluating the	6935
pledged receipts in the aggregate.	6936

As further provided for in division (H) of this section, the	6937
bond proceedings may also include such other covenants, pledges,	6938
and agreements by the state to protect and safeguard the security	6939
and rights of the holders and owners of the obligations, and of	6940
the providers of any credit enhancement facilities, including,	6941
without limiting the generality of the foregoing, any covenant,	6942
pledge, or agreement customary in transactions involving the	6943
issuance of securities the debt service on which is payable from	6944
or secured by amounts received under the tobacco master	6945
settlement agreement. Notwithstanding any other provision of law,	6946
any covenant, pledge, and agreement of the state, if and when made	6947
in the bond proceedings, shall be controlling and binding upon,	6948
and enforceable against the state in accordance with its terms for	6949
so long as any obligations are outstanding under the applicable	6950
bond proceedings. The bond proceedings may also include	6951
limitations on the remedies available to the issuing authority,	6952
the holders and owners of the obligations, and the providers of	6953
any credit enhancement facilities, including, without limiting the	6954
generality of the foregoing, a provision that those remedies may	6955
be limited to injunctive relief in circumstances where there has	6956
been no prior determination by a court of competent jurisdiction	6957
that the state has not enforced Chapter 1346. of the Revised Code,	6958
the tobacco master settlement agreement, or the consent decree as	6959
may have been covenanted or agreed in the bond proceedings under	6960
division (B)(5) of this section.	6961

Nothing in this section or the bond proceedings shall	6962
preclude or limit, or be construed to preclude or limit, the state	6963
from regulating or authorizing or permitting the regulation of	6964
smoking or from taxing and regulating the sale of cigarettes or	6965
other tobacco products, or from defending or prosecuting cases or	6966
other actions relating to the sale or use of cigarettes or other	6967
tobacco products. Except as otherwise may be agreed in writing by	6968
the attorney general, nothing in this section or the bond	6969
proceedings shall modify or limit, or be construed to modify or	6970
limit, the responsibility, power, judgment, and discretion of the	6971
attorney general to protect and discharge the duties, rights, and	6972
obligations of the state under the tobacco master settlement	6973
agreement, the consent decree, or Chapter 1346. of the Revised	6974
Code.	6975

The governor and the director of budget and management, in	6976
consultation with the attorney general, on behalf of the state,	6977
and any member or officer of the issuing authority as authorized	6978
by that issuing authority, on behalf of the issuing authority, may	6979
take any action and execute any documents, including any purchase	6980
and sale agreements, necessary to effect the assignment and sale	6981
and the acceptance of the assignment and title to the receipts	6982
including, providing irrevocable direction to the escrow agent	6983
acting under the tobacco master settlement agreement to transfer	6984
directly to the issuing authority the amounts to be received under	6985
that agreement that are subject to such assignment and sale. Any	6986
purchase and sale agreement or other bond proceedings may contain	6987
the terms and conditions established by the state and the issuing	6988
authority to carry out and effectuate the purposes of this	6989
section, including, without limitation, covenants binding the	6990
state in favor of the issuing authority and its assignees and the	6991
owners of the obligations. Any such purchase and sale agreement	6992
shall be sufficient to effectuate such purchase and sale without	6993
regard to any other laws governing other property sales or	6994
financial transactions by the state.	6995

Not later than two years following the date on which there	6996
are no longer any obligations outstanding under the bond	6997
proceedings, all assets of the issuing authority shall vest in the	6998
state, the issuing authority shall execute any necessary	6999
assignments or instruments, including any assignment of any right,	7000
title, or ownership to the state for receipt of amounts under the	7001
tobacco master settlement agreement, and the issuing authority	7002
shall be dissolved.	7003

(C) The issuing authority is authorized to issue and to sell	7004
obligations as provided in this section. The aggregate principal	7005
amount of obligations issued under this section shall not exceed	7006
six billion dollars, exclusive of obligations issued under	7007
division (M)(1) of this section to refund, renew, or advance	7008
refund other obligations issued or incurred. At least seventy-five	7009
per cent of the aggregate net proceeds of the obligations issued	7010
under the authority of this section, exclusive of obligations	7011
issued to refund, renew, or advance refund other obligations,	7012
shall be paid to the state for deposit into the school building	7013
program assistance fund created in section 3318.25 of the Revised	7014
Code.	7015

(D) Each issue of obligations shall be authorized by	7016
resolution or order of the issuing authority. The bond proceedings	7017
shall provide for or authorize the manner for determining the	7018
principal amount or maximum principal amount of obligations of an	7019
issue, the principal maturity or maturities, the interest rate or	7020
rates, the date of and the dates of payment of interest on the	7021
obligations, their denominations, and the place or places of	7022
payment of debt service which may be within or outside the state.	7023
Unless otherwise provided by law, the latest principal maturity	7024
may not be later than the earlier of the thirty-first day of	7025
December of the fiftieth calendar year after the year of issuance	7026
of the particular obligations or of the fiftieth calendar year	7027
after the year in which the original obligation to pay was issued	7028
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of	7029
the Revised Code apply to the obligations.	7030

The purpose of the obligations may be stated in the bond	7031
proceedings in general terms, such as, as applicable, "paying	7032
costs of capital facilities for a system of common schools" and	7033
"paying costs of facilities for state-supported and state-assisted	7034
institutions of higher education." Unless otherwise provided in	7035
the bond proceedings or in division (C) of this section, the net	7036
proceeds from the issuance of the obligations shall be paid to the	7037
state for deposit into the applicable improvement fund. In	7038
addition to the investments authorized in Chapter 135. of the	7039
Revised Code, the net proceeds held in an improvement fund may be	7040
invested by the treasurer of state in guaranteed investment	7041
contracts with providers rated at the time of any investment in	7042
the three highest rating categories by two nationally recognized	7043
rating agencies, all subject to the terms and conditions set forth	7044
in those agreements or the bond proceedings. Notwithstanding	7045
division (B)(4) of section 3318.38 of the Revised Code, net	7046
proceeds of obligations deposited into the school building	7047
program assistance fund created in section 3318.25 of the Revised	7048
Code may be used to pay basic project costs under section 3318.38	7049
of the Revised Code at the times determined by the Ohio school	7050
facilities commission without regard to whether those	7051
expenditures are in proportion to the state's and the school	7052
district's respective shares of that basic project cost; provided	7053
that this shall not result in any change in the state or school	7054
district shares of the basic project costs provided under Chapter	7055
3318. of the Revised Code. As used in the preceding sentence,	7056
"Ohio school facilities commission" and "basic project costs" have	7057
the same meanings as in section 3318.01 of the Revised Code.	7058

(E) The issuing authority may, without need for any other	7059
approval, appoint or provide for the appointment of paying agents,	7060
bond registrars, securities depositories, credit enhancement	7061
providers or counterparties, clearing corporations, and transfer	7062
agents, and retain or contract for the services of underwriters,	7063
investment bankers, financial advisers, accounting experts,	7064
marketing, remarketing, indexing, and administrative agents, other	7065
consultants, and independent contractors, including printing	7066
services, as are necessary in the judgment of the issuing	7067
authority to carry out the issuing authority's functions under	7068
this section and section 183.52 of the Revised Code. The attorney	7069
general as counsel to the issuing authority shall represent the	7070
authority in the execution of its powers and duties, and shall	7071
institute and prosecute all actions on its behalf. The issuing	7072
authority, in consultation with the attorney general, shall select	7073
counsel, and the attorney general shall appoint the counsel	7074
selected, for the purposes of carrying out the functions under	7075
this section and related sections of the Revised Code. Financing	7076
costs are payable, as may be provided in the bond proceedings,	7077
from the proceeds of the obligations, from special funds, or from	7078
other moneys available for the purpose, including as to future	7079
financing costs, from the pledged receipts.	7080

(F) The issuing authority may irrevocably pledge and assign	7081
all, or such portion as the issuing authority determines, of the	7082
pledged receipts to the payment of the debt service charges on	7083
obligations issued under this section, and for the establishment	7084
and maintenance of any reserves, as provided in the bond	7085
proceedings, and make other provisions in the bond proceedings	7086
with respect to pledged receipts as authorized by this section,	7087
which provisions are controlling notwithstanding any other	7088
provisions of law pertaining to them. Any and all pledged receipts	7089
received by the issuing authority and required by the bond	7090
proceedings, consistent with this section, to be deposited,	7091
transferred, or credited to the bond service fund, and all other	7092
money transferred or allocated to or received for the purposes of	7093
that fund, shall be deposited and credited to the bond service	7094
fund created in the bond proceedings for the obligations, subject	7095
to any applicable provisions of those bond proceedings, but	7096
without necessity for any act of appropriation. Those pledged	7097
receipts shall immediately be subject to the lien of that pledge	7098
without any physical delivery thereof or further act, and shall	7099
not be subject to other court judgments. The lien of the pledge of	7100
those pledged receipts shall be valid and binding against all	7101
parties having claims of any kind against the issuing authority,	7102
irrespective of whether those parties have notice thereof. The	7103
pledge shall create a perfected security interest for all purposes	7104
of Chapter 1309. of the Revised Code and a perfected lien for	7105
purposes of any other interest, all without the necessity for	7106
separation or delivery of funds or for the filing or recording of	7107
the applicable bond proceedings by which that pledge is created or	7108
any certificate, statement, or other document with respect	7109
thereto. The pledge of the pledged receipts shall be effective and	7110
the money therefrom and thereof may be applied to the purposes for	7111
which pledged.	7112

(G) Obligations may be further secured, as determined by the	7113
issuing authority, by an indenture or a trust agreement between	7114
the issuing authority and a corporate trustee, which may be any	7115
trust company or bank having a place of business within the state.	7116
Any indenture or trust agreement may contain the resolution or	7117
order authorizing the issuance of the obligations, any provisions	7118
that may be contained in any bond proceedings, and other	7119
provisions that are customary or appropriate in an agreement of	7120
that type, including, but not limited to:	7121

(1) Maintenance of each pledge, indenture, trust agreement,	7122
or other instrument comprising part of the bond proceedings until	7123
the issuing authority has fully paid or provided for the payment	7124
of debt service on the obligations secured by it;	7125

(2) In the event of default in any payments required to be	7126
made by the bond proceedings, enforcement of those payments or	7127
agreements by mandamus, the appointment of a receiver, suit in	7128
equity, action at law, or any combination of them;	7129

(3) The rights and remedies of the holders or owners of	7130
obligations and of the trustee and provisions for protecting and	7131
enforcing them, including limitations on rights of individual	7132
holders and owners.	7133

(H) The bond proceedings may contain additional provisions	7134
customary or appropriate to the financing or to the obligations or	7135
to particular obligations including, but not limited to,	7136
provisions for:	7137

(1) The redemption of obligations prior to maturity at the	7138
option of the issuing authority or of the holder or upon the	7139
occurrence of certain conditions, and at a particular price or	7140
prices and under particular terms and conditions;	7141

(2) The form of and other terms of the obligations;

7142

(3) The establishment, deposit, investment, and application	7143
of special funds, and the safeguarding of moneys on hand or on	7144
deposit, in lieu of the applicability of provisions of Chapter	7145
131. or 135. of the Revised Code, but subject to any special	7146
provisions of this section with respect to the application of	7147
particular funds or moneys. Any financial institution that acts as	7148
a depository of any moneys in special funds or other funds under	7149
the bond proceedings may furnish indemnifying bonds or pledge	7150
securities as required by the issuing authority.	7151

(4) Any or every provision of the bond proceedings being	7152
binding upon the issuing authority and upon such governmental	7153
agency or entity, officer, board, authority, agency, department,	7154
institution, district, or other person or body as may from time to	7155
time be authorized to take actions as may be necessary to perform	7156
all or any part of the duty required by the provision;	7157

(5) The maintenance of each pledge or instrument comprising	7158
part of the bond proceedings until the issuing authority has fully	7159
paid or provided for the payment of the debt service on the	7160
obligations or met other stated conditions;	7161

(6) In the event of default in any payments required to be	7162
made by the bond proceedings, or by any other agreement of the	7163
issuing authority made as part of a contract under which the	7164
obligations were issued or secured, including a credit enhancement	7165
facility, the enforcement of those payments by mandamus, a suit in	7166
equity, an action at law, or any combination of those remedial	7167
actions;	7168

(7) The rights and remedies of the holders or owners of	7169
obligations or of book-entry interests in them, and of third	7170
parties under any credit enhancement facility, and provisions for	7171
protecting and enforcing those rights and remedies, including	7172
limitations on rights of individual holders or owners;	7173

(8) The replacement of mutilated, destroyed, lost, or stolen	7174
obligations;	7175

(9) The funding, refunding, or advance refunding, or other	7176
provision for payment, of obligations that will then no longer be	7177
outstanding for purposes of this section or of the applicable bond	7178
proceedings;	7179

(10) Amendment of the bond proceedings;

7180

(11) Any other or additional agreements with the owners of	7181
obligations, and such other provisions as the issuing authority	7182
determines, including limitations, conditions, or qualifications,	7183
relating to any of the foregoing or the activities of the issuing	7184
authority in connection therewith.	7185

The bond proceedings shall make provision for the payment of	7186
the expenses of the enforcement activity of the attorney general	7187
referred to in division (B) of this section from the amounts from	7188
the tobacco master settlement agreement assigned and sold to the	7189
issuing authority under that division or from the proceeds of	7190
obligations, or a combination thereof, which may include provision	7191
for both annual payments and a special fund providing reserve	7192
amounts for the payment of those expenses.	7193

The issuing authority shall not, and shall covenant in the	7194
bond proceedings that it shall not, be authorized to and shall not	7195
file a voluntary petition under the United States Bankruptcy Code,	7196
11 U.S.C. 101 et seq., as amended, or voluntarily commence any	7197
similar bankruptcy proceeding under state law including, without	7198
limitation, consenting to the appointment of a receiver or trustee	7199
or making a general or specific assignment for the benefit of	7200
creditors, and neither any public officer or any organization,	7201
entity, or other person shall authorize the issuing authority to	7202
be or become a debtor under the United States Bankruptcy Code or	7203
take any of those actions under the United States Bankruptcy Code	7204
or state law. The state hereby covenants, and the issuing	7205
authority shall covenant, with the holders or owners of the	7206
obligations, that the state shall not permit the issuing authority	7207
to file a voluntary petition under the United States Bankruptcy	7208
Code or take any of those actions under the United States	7209
Bankruptcy Code or state law during the period obligations are	7210
outstanding and for any additional period for which the issuing	7211
authority covenants in the bond proceedings, which additional	7212
period may, but need not, be a period of three hundred sixty-seven	7213
days or more.	7214

(I) The obligations requiring execution by or for the issuing	7215
authority shall be signed as provided in the bond proceedings, and	7216
may bear the official seal of the issuing authority or a facsimile	7217
thereof. Any obligation may be signed by the individual who, on	7218
the date of execution, is the authorized signer even though, on	7219
the date of the obligations, that individual is not an authorized	7220
signer. In case the individual whose signature or facsimile	7221
signature appears on any obligation ceases to be an authorized	7222
signer before delivery of the obligation, that signature or	7223
facsimile is nevertheless valid and sufficient for all purposes as	7224
if that individual had remained the authorized signer until	7225
delivery.	7226

(J) Obligations are investment securities under Chapter 1308.	7227
of the Revised Code. Obligations may be issued in bearer or in	7228
registered form, registrable as to principal alone or as to both	7229
principal and interest, or both, or in certificated or	7230
uncertificated form, as the issuing authority determines.	7231
Provision may be made for the exchange, conversion, or transfer of	7232
obligations and for reasonable charges for registration, exchange,	7233
conversion, and transfer. Pending preparation of final	7234
obligations, the issuing authority may provide for the issuance of	7235
interim instruments to be exchanged for the final obligations.	7236

(K) Obligations may be sold at public sale or at private	7237
sale, in such manner, and at such price at, above, or below par,	7238
all as determined by and provided by the issuing authority in the	7239
bond proceedings.	7240

(L) Except to the extent that rights are restricted by the	7241
bond proceedings, any owner of obligations or provider of or	7242
counterparty to a credit enhancement facility may by any suitable	7243
form of legal proceedings protect and enforce any rights relating	7244
to obligations or that facility under the laws of this state or	7245
granted by the bond proceedings. Those rights include the right to	7246
compel the performance of all applicable duties of the issuing	7247
authority and the state. Each duty of the issuing authority and	7248
that issuing authority's officers, staff, and employees, and of	7249
each state entity or agency, or using district or using	7250
institution, and its officers, members, staff, or employees,	7251
undertaken pursuant to the bond proceedings, is hereby established	7252
as a duty of the entity or individual having authority to perform	7253
that duty, specifically enjoined by law and resulting from an	7254
office, trust, or station within the meaning of section 2731.01 of	7255
the Revised Code. The individuals who are from time to time	7256
members of the issuing authority, or their designees acting	7257
pursuant to section 183.52 of the Revised Code, or the issuing	7258
authority's officers, staff, agents, or employees, when acting	7259
within the scope of their employment or agency, shall not be	7260
liable in their personal capacities on any obligations or	7261
otherwise under the bond proceedings, or for otherwise exercising	7262
or carrying out any purposes or powers of the issuing authority.	7263

(M)(1) Subject to any applicable limitations in division (C)	7264
of this section, the issuing authority may also authorize and	7265
provide for the issuance of:	7266

(a) Obligations in the form of bond anticipation notes, and	7267
may authorize and provide for the renewal of those notes from time	7268
to time by the issuance of new notes. The holders of notes or	7269
appertaining interest coupons have the right to have debt service	7270
on those notes paid solely from the moneys and special funds, and	7271
all or any portion of the pledged receipts, that are or may be	7272
pledged to that payment, including the proceeds of bonds or	7273
renewal notes or both, as the issuing authority provides in the	7274
bond proceedings authorizing the notes. Notes may be additionally	7275
secured by covenants of the issuing authority to the effect that	7276
the issuing authority will do all things necessary for the	7277
issuance of bonds or renewal notes in such principal amount and	7278
upon such terms as may be necessary to provide moneys to pay when	7279
due the debt service on the notes, and apply their proceeds to the	7280
extent necessary, to make full and timely payment of debt service	7281
on the notes as provided in the applicable bond proceedings. In	7282
the bond proceedings authorizing the issuance of bond anticipation	7283
notes the issuing authority shall set forth for the bonds	7284
anticipated an estimated schedule of annual principal payments the	7285
latest of which shall be no later than provided in division (D) of	7286
this section. While the notes are outstanding there shall be	7287
deposited, as shall be provided in the bond proceedings for those	7288
notes, from the sources authorized for payment of debt service on	7289
the bonds, amounts sufficient to pay the principal of the bonds	7290
anticipated as set forth in that estimated schedule during the	7291
time the notes are outstanding, which amounts shall be used solely	7292
to pay the principal of those notes or of the bonds anticipated.	7293

(b) Obligations for the refunding, including funding and	7294
retirement, and advance refunding, with or without payment or	7295
redemption prior to maturity, of any obligations previously issued	7296
under this section and any bonds or notes previously issued for	7297
the purpose of paying costs of capital facilities for: (i)	7298
state-supported or state-assisted institutions of higher education	7299
as authorized by sections 151.01 and 151.04 of the Revised Code,	7300
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,	7301
and (ii) housing branches and agencies of state government limited	7302
to facilities for a system of common schools throughout the state	7303
as authorized by sections 151.01 and 151.03 of the Revised Code,	7304
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.	7305
Refunding obligations may be issued in amounts sufficient to pay	7306
or to provide for repayment of the principal amount, including	7307
principal amounts maturing prior to the redemption of the	7308
remaining prior obligations or bonds or notes, any redemption	7309
premium, and interest accrued or to accrue to the maturity or	7310
redemption date or dates, payable on the prior obligations or	7311
bonds or notes, and related financing costs and any expenses	7312
incurred or to be incurred in connection with that issuance and	7313
refunding. Subject to the applicable bond proceedings, the portion	7314
of the proceeds of the sale of refunding obligations issued under	7315
division (M)(1)(b) of this section to be applied to debt service	7316
on the prior obligations or bonds or notes shall be credited to an	7317
appropriate separate account in the bond service fund and held in	7318
trust for the purpose by the issuing authority or by a corporate	7319
trustee, and may be invested as provided in the bond proceedings.	7320
Obligations authorized under this division shall be considered to	7321
be issued for those purposes for which the prior obligations or	7322
bonds or notes were issued.	7323

(2) The principal amount of refunding, advance refunding, or	7324
renewal obligations issued pursuant to division (M) of this	7325
section shall be in addition to the amount authorized in division	7326
(C) of this section.	7327

(N) Obligations are lawful investments for banks, savings and	7328
loan associations, credit union share guaranty corporations, trust	7329
companies, trustees, fiduciaries, insurance companies, including	7330
domestic for life and domestic not for life, trustees or other	7331
officers having charge of sinking and bond retirement or other	7332
special funds of the state and political subdivisions and taxing	7333
districts of this state, notwithstanding any other provisions of	7334
the Revised Code or rules adopted pursuant to those provisions by	7335
any state agency with respect to investments by them, and are also	7336
acceptable as security for the repayment of the deposit of public	7337
moneys. The exemptions from taxation in Ohio as provided for in	7338
particular sections of the Ohio Constitution and section 5709.76	7339
of the Revised Code apply to the obligations.	7340

(O)(1) Unless otherwise provided or provided for in any	7341
applicable bond proceedings, moneys to the credit of or in a	7342
special fund shall be disbursed on the order of the issuing	7343
authority. No such order is required for the payment, from the	7344
bond service fund or other special fund, when due of debt service	7345
or required payments under credit enhancement facilities.	7346

(2) Payments received by the issuing authority under interest	7347
rate hedges entered into as credit enhancement facilities under	7348
this section shall be deposited as provided in the applicable bond	7349
proceedings.	7350

(P) The obligations shall not be general obligations of the	7351
state and the full faith and credit, revenue, and taxing power of	7352
the state shall not be pledged to the payment of debt service on	7353
them or to any guarantee of the payment of that debt service. The	7354
holders or owners of the obligations shall have no right to have	7355
any moneys obligated or pledged for the payment of debt service	7356
except as provided in this section and in the applicable bond	7357
proceedings. The rights of the holders and owners to payment of	7358
debt service are limited to all or that portion of the pledged	7359
receipts, and those special funds, pledged to the payment of debt	7360
service pursuant to the bond proceedings in accordance with this	7361
section, and each obligation shall bear on its face a statement to	7362
that effect.	7363

(Q) Each bond service fund is a trust fund and is hereby	7364
pledged to the payment of debt service on the applicable	7365
obligations. Payment of that debt service shall be made or	7366
provided for by the issuing authority in accordance with the bond	7367
proceedings without necessity for any act of appropriation. The	7368
bond proceedings may provide for the establishment of separate	7369
accounts in the bond service fund and for the application of those	7370
accounts only to debt service on specific obligations, and for	7371
other accounts in the bond service fund within the general	7372
purposes of that fund.	7373

(R) Subject to the bond proceedings pertaining to any	7374
obligations then outstanding in accordance with their terms, the	7375
issuing authority may in the bond proceedings pledge all, or such	7376
portion as the issuing authority determines, of the moneys in the	7377
bond service fund to the payment of debt service on particular	7378
obligations, and for the establishment and maintenance of any	7379
reserves for payment of particular debt service.	7380

(S)(1) Unless otherwise provided in any applicable bond	7381
proceedings, moneys to the credit of special funds may be invested	7382
by or on behalf of the issuing authority only in one or more of	7383
the following:	7384

(a) Notes, bonds, or other direct obligations of the United	7385
States or of any agency or instrumentality of the United States,	7386
or in no-front-end-load money market mutual funds consisting	7387
exclusively of those obligations, or in repurchase agreements,	7388
including those issued by any fiduciary, secured by those	7389
obligations, or in collective investment funds consisting	7390
exclusively of those obligations;	7391

(b) Obligations of this state or any political subdivision of	7392
this state;	7393

(c) Certificates of deposit of any national bank located in	7394
this state and any bank, as defined in section 1101.01 of the	7395
Revised Code, subject to inspection by the superintendent of	7396
financial institutions;	7397

(d) The treasurer of state's pooled investment program under	7398
section 135.45 of the Revised Code;	7399

(e) Other investment agreements or repurchase agreements that	7400
are consistent with the ratings on the obligations.	7401

(2) The income from investments referred to in division	7402
(S)(1) of this section shall be credited to special funds or	7403
otherwise as the issuing authority determines in the bond	7404
proceedings. Those investments may be sold or exchanged at times	7405
as the issuing authority determines, provides for, or authorizes.	7406

(T) The treasurer of state shall have responsibility for	7407
keeping records, making reports, and making payments, relating to	7408
any arbitrage rebate requirements under the applicable bond	7409
proceedings.	7410

(U) The issuing authority shall make quarterly reports to the	7411
general assembly of the amounts in, and activities of, each	7412
improvement fund, including amounts and activities on the subfund	7413
level. Each report shall include a detailed description and	7414
analysis of the amount of proceeds remaining in each fund from the	7415
sale of obligations pursuant to this section, and any other	7416
deposits, credits, interest earnings, disbursements, expenses,	7417
transfers, or activities of each fund.	7418

(V) The costs of the annual audit of the authority conducted	7419
pursuant to section 117.112 of the Revised Code are payable, as	7420
may be provided in the bond proceedings, from the proceeds of the	7421
obligations, from special funds, or from other moneys available	7422
for the purpose, including as to future financing costs, from the	7423
pledged receipts.	7424

Sec. 183.52. (A) There is hereby created a body, both	7425
corporate and politic, constituting a public body, agency, and	7426
instrumentality of this state and performing essential functions	7427
of the state, to be known as the buckeye tobacco settlement	7428
financing authority, which in that name may contract and be	7429
contracted with, sue and be sued, and exercise all other authority	7430
vested in that authority by this section and section 183.51 of the	7431
Revised Code. The authority is created for the sole purpose of	7432
purchasing and receiving any assignment of the tobacco settlement	7433
receipts and issuing obligations, all as provided for in section	7434
183.51 of the Revised Code, to provide financing of essential	7435
functions and facilities. The property of the authority and its	7436
income and operations shall be exempt from taxation involving the	7437
state or by the state and any political subdivision of the state.	7438
All income of the authority, after the payment of necessary	7439
expenses, shall accrue to the state.	7440

(B) The authority shall consist of, in each case ex officio,	7441
the governor, the director of budget and management, and the	7442
treasurer of state. The governor shall serve as the chair of the	7443
authority, the director of budget and management shall serve as	7444
its secretary, and the authority shall have such other officers	7445
as it determines, who may but need not be members of the	7446
authority. Two members of the authority constitute a quorum and	7447
the affirmative vote of two members is necessary for any action	7448
taken by vote of the authority. No vacancy in the membership of	7449
the authority shall impair the rights of a quorum by such vote to	7450
exercise all the rights and perform all the duties of the	7451
authority. Each of the members above identified may designate an	7452
employee or officer of their office to attend meetings of the	7453
authority when that member is absent or unable for any reason to	7454
attend and that designee, when present, shall be counted in	7455
determining whether a quorum is present at any meeting and may	7456
vote and participate in all proceedings and actions of the	7457
authority. A designee may not execute or cause a facsimile	7458
signature to be placed on any obligation. That designation shall	7459
be in writing, executed by the designating member, and be filed	7460
with the secretary of the authority. A designation may be changed	7461
from time to time by a similar written designation. The authority	7462
may delegate to such of its members, officers, employees, or	7463
staff as it determines those powers and duties as it deems	7464
appropriate. No member of the authority or designee shall, by	7465
reason of being or serving as a member of the authority, be	7466
required to abstain from action in any other capacity as an	7467
incumbent of a state office or position or from any action as a	7468
member of the authority in any matter affecting or in any way	7469
pertaining to both that office or position and the authority, or	7470
for any purpose be deemed to be disqualified from either such	7471
office or position or as a member of the authority by reason of	7472
so acting or to have violated any law by reason thereof. The	7473
authority may adopt and alter bylaws and rules for the conduct of	7474
its affairs, including provisions for meetings, and for the	7475
manner in which its powers and functions are to be exercised and	7476
embodied, and may adopt and alter at will an official seal to be	7477
affixed to official documents, provided that the failure to affix	7478
any such seal shall not affect the legality of such documents.	7479
Members of the authority shall receive no added compensation for	7480
their services as such members but may be reimbursed, as	7481
determined by the authority, for their necessary and actual	7482
expenses incurred in the conduct of the authority's business. The	7483
office of budget and management shall provide staff support to	7484
the authority.	7485

Notwithstanding the existence of common management, the	7486
authority shall be treated and accounted for as a separate and	7487
independent legal entity with its separate purposes as set forth	7488
in this section and section 183.51 of the Revised Code. The	7489
assets, liabilities, and funds of the authority shall not be	7490
consolidated or commingled with those of the state, and contracts	7491
entered into by the authority shall be entered into in the name of	7492
the authority and not in the name of the state.	7493

The authority shall prepare annually an operating and	7494
financial statement covering the authority's operations for the	7495
preceding fiscal year.	7496

(C) In connection with the exercise of its powers pursuant to	7497
this section and section 183.51 of the Revised Code, the authority	7498
may enter into contracts and execute all instruments necessary or	7499
incidental to the performance of the issuing authority's duties	7500
and the execution of the issuing authority's powers and do all	7501
other acts necessary or proper to the fulfillment of the issuing	7502
authority's purposes and to carry out the powers expressly granted	7503
in this section and section 183.51 of the Revised Code. The	7504
authority is subject to sections 121.22 and 149.43 of the Revised	7505
Code.	7506

(D) Unless otherwise provided in Article IV of the Ohio	7507
Constitution, any action, suit, or special proceeding brought	7508
against the issuing authority or the state concerning or relating	7509
to the bond proceedings, section 183.51 of the Revised Code, or	7510
this section, shall be filed and determined in the court of claims	7511
under Chapter 2743. of the Revised Code. Any special proceeding	7512
brought against the issuing authority or the state in which the	7513
court of appeals has original jurisdiction shall be filed and	7514
determined in the court of appeals of Franklin county. Any such	7515
action or proceeding to which the issuing authority or the state	7516
is a party shall be preferred over all other civil causes of	7517
action or cases, except election causes of action or cases,	7518
irrespective of position on the calendar.	7519

Sec. 305.31. The procedure for submitting to a referendum a	7520
resolution adopted by a board of county commissioners under	7521
division (H) of section 307.695 of the Revised Code that is not	7522
submitted to the electors of the county for their approval or	7523
disapproval; any resolution adopted by a board of county	7524
commissioners pursuant to division (D)(1) of section 307.697,	7525
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24,	7526
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or	7527
5739.026, division (A)(6) of section 5739.09, section 5741.021, or	7528
5741.023, or division (C)(1) of section 5743.024 of the Revised	7529
Code; or a rule adopted pursuant to section 307.79 of the Revised	7530
Code shall be as prescribed by this section.	7531

Except as otherwise provided in this paragraph, when a	7532
petition, signed by ten per cent of the number of electors who	7533
voted for governor at the most recent general election for the	7534
office of governor in the county, is filed with the county auditor	7535
within thirty days after the date the resolution is passed or rule	7536
is adopted by the board of county commissioners, or is filed	7537
within forty-five days after the resolution is passed, in the case	7538
of a resolution adopted pursuant to section 5739.021 of the	7539
Revised Code that is passed within one year after a resolution	7540
adopted pursuant to that section has been rejected or repealed by	7541
the electors, requesting that the resolution be submitted to the	7542
electors of the county for their approval or rejection, the county	7543
auditor shall, after ten days following the filing of the	7544
petition, and not later than four p.m. of the seventy-fifth day	7545
before the day of election, transmit a certified copy of the text	7546
of the resolution or rule to the board of elections. In the case	7547
of a petition requesting that a resolution adopted under division	7548
(D)(1) of section 307.697, division (B)(1) of section 4301.421, or	7549
division (C)(1) of section 5743.024 of the Revised Code be	7550
submitted to electors for their approval or rejection, the	7551
petition shall be signed by seven per cent of the number of	7552
electors who voted for governor at the most recent election for	7553
the office of governor in the county. The county auditor shall	7554
transmit the petition to the board together with the certified	7555
copy of the resolution or rule. The board shall examine all	7556
signatures on the petition to determine the number of electors of	7557
the county who signed the petition. The board shall return the	7558
petition to the auditor within ten days after receiving it,	7559
together with a statement attesting to the number of such electors	7560
who signed the petition. The board shall submit the resolution or	7561
rule to the electors of the county, for their approval or	7562
rejection, at the succeeding general election held in the county	7563
in any year, or on the day of the succeeding primary election held	7564
in the county in even-numbered years, occurring subsequent to	7565
seventy-five days after the auditor certifies the sufficiency and	7566
validity of the petition to the board of elections.	7567

No resolution shall go into effect until approved by the	7568
majority of those voting upon it. However, a rule shall take	7569
effect and remain in effect unless and until a majority of the	7570
electors voting on the question of repeal approve the repeal.	7571
Sections 305.31 to 305.41 of the Revised Code do not prevent a	7572
county, after the passage of any resolution or adoption of any	7573
rule, from proceeding at once to give any notice or make any	7574
publication required by the resolution or rule.	7575

The board of county commissioners shall make available to any	7576
person, upon request, a certified copy of any resolution or rule	7577
subject to the procedure for submitting a referendum under	7578
sections 305.31 to 305.42 of the Revised Code beginning on the	7579
date the resolution or rule is adopted by the board. The board may	7580
charge a fee for the cost of copying the resolution or rule.	7581

As used in this section, "certified copy" means a copy	7582
containing a written statement attesting that it is a true and	7583
exact reproduction of the original resolution or rule.	7584

Sec. 307.672. (A) As used in this section:

7585

(1) "Bonds" means general obligation bonds, or notes in	7586
anticipation thereof, of the county described in division	7587
(B)(1)(b) of this section, and general obligation bonds, or notes	7588
in anticipation thereof, of the host municipal corporation	7589
described in division (B)(2)(a) of this section.	7590

(2) "Corporation" means a nonprofit corporation that is	7591
organized under the laws of this state and that includes within	7592
the purposes for which it is incorporated the authorization to	7593
lease and operate facilities such as a municipal educational and	7594
cultural facility.	7595

(3) "Debt service charges" means, for any period or payable	7596
at any time, the principal of and interest and any premium due on	7597
bonds for that period or payable at that time whether due at	7598
maturity or upon mandatory redemption, together with any required	7599
deposits to reserves for the payment of principal of and interest	7600
on such bonds.	7601

(4) "Host municipal corporation" means the municipal	7602
corporation within the boundaries of which a municipal educational	7603
and cultural facility is or will be located.	7604

(5) "Municipal educational and cultural facility" means a	7605
facility that may consist of a museum, archives, library, hall of	7606
fame, center for contemporary music, or other facilities necessary	7607
to provide programs of an educational, recreational, and cultural	7608
nature, together with all parking facilities, walkways, and other	7609
auxiliary facilities, real and personal property, property rights,	7610
easements, and interests that may be appropriate for, or used in	7611
connection with, the operation of the facility.	7612

(B) The legislative authorities of a county and a host	7613
municipal corporation may enter into a cooperative agreement with	7614
a corporation, under which:	7615

(1) The legislative authority of the county agrees to:

7616

(a) Levy a tax under division (E) of section 5739.09 of the	7617
Revised Code, for a period not to exceed fifteen years unless	7618
extended under that division for an additional period of time, to	7619
pay the costs of acquiring, constructing, equipping, and improving	7620
a municipal educational and cultural facility, including the debt	7621
service charges on bonds;	7622

(b) Issue bonds of the county pursuant to Chapter 133. of the	7623
Revised Code for the purpose of acquiring, constructing,	7624
equipping, and improving a municipal educational and cultural	7625
facility;	7626

(c) Contribute revenue from the tax and the proceeds from the	7627
bonds described in divisions (B)(1)(a) and (b) of this section to	7628
the host municipal corporation for the purpose of acquiring,	7629
constructing, equipping, and improving a municipal educational and	7630
cultural facility;	7631

(2) The host municipal corporation agrees to:

7632

(a) Issue bonds of the host municipal corporation pursuant to	7633
Chapter 133. of the Revised Code for the purpose of acquiring,	7634
constructing, equipping, and improving a municipal educational and	7635
cultural facility;	7636

(b) Acquire, construct, equip, and improve a municipal	7637
educational and cultural facility;	7638

(c) Accept from the county pursuant to the cooperative	7639
agreement the revenues of the tax and the proceeds of the bonds	7640
described in divisions (B)(1)(a) and (b) of this section;	7641

(d) Lease a municipal educational and cultural facility to	7642
the corporation, or contract with the corporation for the	7643
operation and maintenance of the facility;	7644

(e) To the extent provided for in the cooperative agreement	7645
or the lease or contract with the corporation, authorize the	7646
corporation to administer on behalf of the host municipal	7647
corporation the contracts for acquiring, constructing, equipping,	7648
and improving a municipal educational and cultural facility.	7649

(3) The corporation agrees to:

7650

(a) Either lease the municipal educational and cultural	7651
facility from the host municipal corporation and operate and	7652
maintain the facility pursuant to the lease, or enter into a	7653
contract with the host municipal corporation pursuant to which the	7654
corporation shall operate and maintain the facility on behalf of	7655
the host municipal corporation;	7656

(b) To the extent provided for in the cooperative agreement	7657
or the lease or contract with the host municipal corporation,	7658
administer on behalf of the host municipal corporation the	7659
contracts for acquiring, constructing, equipping, or improving a	7660
municipal educational and cultural facility.	7661

(C) A tax levied pursuant to division (E) of section 5739.09	7662
of the Revised Code, the revenue from which is to be used to pay	7663
debt service charges on bonds described in division (B)(1) or (2)	7664
of this section is not subject to diminution by initiative or	7665
referendum or diminution by statute, unless provision is made	7666
therein for an adequate substitute therefor reasonably	7667
satisfactory to the legislative authorities of the host municipal	7668
corporation and the county.	7669

(D) The legislative authorities of a county and a host	7670
municipal corporation that have entered into a cooperative	7671
agreement with a corporation pursuant to division (B) of this	7672
section may amend that cooperative agreement, with the	7673
participation of the corporation and a port authority as defined	7674
in section 307.674 of the Revised Code, to provide also for a port	7675
authority educational and cultural performing arts facility in	7676
accordance with section 307.674 of the Revised Code. Such an	7677
amendment shall become effective only to the extent that the tax	7678
levied under division (E) of section 5739.09 of the Revised Code	7679
is not needed for the duration of the original tax to pay costs of	7680
the municipal educational and cultural facility, including debt	7681
service charges on related bonds, as determined by the parties to	7682
the amendment. The tax may be pledged and paid by the parties to	7683
the amendment for the balance of the duration of the tax to a port	7684
authority educational and cultural performing arts facility.	7685

Sec. 307.695. (A) As used in this section:

7686

(1) "Arena" means any structure designed and constructed for	7687
the purpose of providing a venue for public entertainment and	7688
recreation by the presentation of concerts, sporting and athletic	7689
events, and other events and exhibitions, including facilities	7690
intended to house or provide a site for one or more athletic or	7691
sports teams or activities, spectator facilities, parking	7692
facilities, walkways, and auxiliary facilities, real and personal	7693
property, property rights, easements, leasehold estates, and	7694
interests that may be appropriate for, or used in connection with,	7695
the operation of the arena.	7696

(2) "Convention center" means any structure expressly	7697
designed and constructed for the purposes of presenting	7698
conventions, public meetings, and exhibitions and includes parking	7699
facilities that serve the center and any personal property used in	7700
connection with any such structure or facilities.	7701

(3) "Eligible county" means a county having a population of	7702
at least four hundred thousand but not more than eight hundred	7703
thousand according to the 2000 federal decennial census and that	7704
directly borders the geographic boundaries of another state.	7705

(4) "Entity" means a nonprofit corporation, a municipal	7706
corporation, a port authority created under Chapter 4582. of the	7707
Revised Code, or a convention facilities authority created under	7708
Chapter 351. of the Revised Code.	7709

(5) "Lodging taxes" means excise taxes levied under division	7710
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and	7711
the revenues arising therefrom.	7712

(6) "Nonprofit corporation" means a nonprofit corporation	7713
that is organized under the laws of this state and that includes	7714
within the purposes for which it is incorporated the authorization	7715
to lease and operate facilities such as a convention center or an	7716
arena or a combination of an arena and convention center.	7717

(7) "Project" means acquiring, constructing, reconstructing,	7718
renovating, rehabilitating, expanding, adding to, equipping,	7719
furnishing or otherwise improving an arena, a convention center,	7720
or a combination of an arena and convention center. For purposes	7721
of this section, a project is a permanent improvement for one	7722
purpose under Chapter 133. of the Revised Code.	7723

(8) "Project revenues" means money received by ~~an eligible~~a	7724
county with a population greater than four hundred thousand	7725
wherein the population of the largest city comprises more than	7726
one-third of that county's population, other than money from taxes	7727
or from the proceeds of securities secured by taxes, in	7728
connection with, derived from, related to, or resulting from a	7729
project, including, but not limited to, rentals and other	7730
payments received under a lease or agreement with respect to the	7731
project, ticket charges or surcharges for admission to events at	7732
a project, charges or surcharges for parking for events at a	7733
project, charges for the use of a project or any portion of a	7734
project, including suites and seating rights, the sale of naming	7735
rights for the project or a portion of the project, unexpended	7736
proceeds of any county revenue bonds issued for the project, and	7737
any income and profit from the investment of the proceeds of any	7738
such revenue bonds or any project revenues.	7739

(9) "Chapter 133. securities," "debt charges," "general	7740
obligation," "legislation," "one purpose," "outstanding,"	7741
"permanent improvement," "person," and "securities" have the	7742
meanings given to those terms in section 133.01 of the Revised	7743
Code.	7744

(B) A board of county commissioners may enter into an	7745
agreement with a convention and visitors' bureau operating in the	7746
county under which:	7747

(1) The bureau agrees to construct and equip a convention	7748
center in the county and to pledge and contribute from the tax	7749
revenues received by it under division (A) of section 5739.09 of	7750
the Revised Code, not more than such portion thereof that it is	7751
authorized to pledge and contribute for the purpose described in	7752
division (C) of this section; and	7753

(2) The board agrees to levy a tax under division (C) of	7754
section 5739.09 of the Revised Code and pledge and contribute the	7755
revenues therefrom for the purpose described in division (C) of	7756
this section.	7757

(C) The purpose of the pledges and contributions described in	7758
divisions (B)(1) and (2) of this section is payment of principal,	7759
interest, and premium, if any, on bonds and notes issued by or for	7760
the benefit of the bureau to finance the construction and	7761
equipping of a convention center. The pledges and contributions	7762
provided for in the agreement shall be for the period stated in	7763
the agreement. Revenues determined from time to time by the board	7764
to be needed to cover the real and actual costs of administering	7765
the tax imposed by division (C) of section 5739.09 of the Revised	7766
Code may not be pledged or contributed. The agreement shall	7767
provide that any such bonds and notes shall be secured by a trust	7768
agreement between the bureau or other issuer acting for the	7769
benefit of the bureau and a corporate trustee that is a trust	7770
company or bank having the powers of a trust company within or	7771
without the state, and the trust agreement shall pledge or assign	7772
to the retirement of the bonds or notes, all moneys paid by the	7773
county under this section. A tax the revenues from which are	7774
pledged under an agreement entered into by a board of county	7775
commissioners under this section shall not be subject to	7776
diminution by initiative or referendum, or diminution by statute,	7777
unless provision is made therein for an adequate substitute	7778
therefor reasonably satisfactory to the trustee under the trust	7779
agreement that secures the bonds and notes.	7780

(D) A pledge of money by a county under division (B) of this	7781
section shall not be indebtedness of the county for purposes of	7782
Chapter 133. of the Revised Code.	7783

(E) If the terms of the agreement so provide, the board of	7784
county commissioners may acquire and lease real property to the	7785
convention bureau as the site of the convention center. The lease	7786
shall be on such terms as are set forth in the agreement. The	7787
purchase and lease are not subject to the limitations of sections	7788
307.02 and 307.09 of the Revised Code.	7789

(F) In addition to the authority granted to a board of county	7790
commissioners under divisions (B) to (E) of this section, a board	7791
of county commissioners in a county with a population of one	7792
million two hundred thousand or more ~~may establish and provide~~	7793
~~local funding options for constructing and equipping~~, or a county	7794
with a population greater than four hundred thousand wherein the	7795
population of the largest city comprises more than one-third of	7796
that county's population, may purchase, for cash or by installment	7797
payments, enter into lease-purchase agreements for, lease with an	7798
option to purchase, lease, construct, enlarge, improve, rebuild,	7799
equip, or furnish a convention center.	7800

(G) The board of county commissioners of ~~an eligible~~a county	7801
with a population greater than four hundred thousand wherein the	7802
population of the largest city comprises more than one-third of	7803
that county's population may undertake, finance, operate, and	7804
maintain a project. The board may lease a project to an entity on	7805
terms that the board determines to be in the best interest of the	7806
county and in furtherance of the public purpose of the project;	7807
the lease may be for a term of thirty-five years or less and may	7808
provide for an option of the entity to renew the lease for a term	7809
of thirty-five years or less. The board may enter into an	7810
agreement with an entity with respect to a project on terms that	7811
the board determines to be in the best interest of the county and	7812
in furtherance of the public purpose of the project. To the extent	7813
provided for in an agreement or a lease with an entity, the board	7814
may authorize the entity to administer on behalf of the board any	7815
contracts for the project. The board may enter into an agreement	7816
providing for the sale to a person of naming rights to a project	7817
or portion of a project, for a period, for consideration, and on	7818
other terms and conditions that the board determines to be in the	7819
best interest of the county and in furtherance of the public	7820
purpose of the project. The board may enter into an agreement with	7821
a person owning or operating a professional athletic or sports	7822
team providing for the use by that person of a project or portion	7823
of a project for that team's offices, training, practices, and	7824
home games for a period, for consideration, and on other terms and	7825
conditions that the board determines to be in the best interest of	7826
the county and in furtherance of the public purpose of the	7827
project. The board may establish ticket charges or surcharges for	7828
admission to events at a project, charges or surcharges for	7829
parking for events at a project, and charges for the use of a	7830
project or any portion of a project, including suites and seating	7831
rights, and may, as necessary, enter into agreements related	7832
thereto with persons for a period, for consideration, and on other	7833
terms and conditions that the board determines to be in the best	7834
interest of the county and in furtherance of the public purpose of	7835
the project. A lease or agreement authorized by this division is	7836
not subject to sections 307.02, 307.09, and 307.12 of the Revised	7837
Code.	7838

(H) Notwithstanding any contrary provision in Chapter 5739.	7839
of the Revised Code, after adopting a resolution declaring it to	7840
be in the best interest of the county to undertake a project as	7841
described in division (G) of this section, the board of county	7842
commissioners of an eligible county may adopt a resolution	7843
enacting or increasing any lodging taxes within the limits	7844
specified in Chapter 5739. of the Revised Code with respect to	7845
those lodging taxes and amending any prior resolution under which	7846
any of its lodging taxes have been imposed in order to provide	7847
that those taxes, after deducting the real and actual costs of	7848
administering the taxes and any portion of the taxes returned to	7849
any municipal corporation or township as provided in division	7850
(A)(1) of section 5739.09 of the Revised Code, shall be used by	7851
the board for the purposes of undertaking, financing, operating,	7852
and maintaining the project, including paying debt charges on any	7853
securities issued by the board under division (I) of this section,	7854
or to make contributions to the convention and visitors' bureau	7855
operating within the county, or to promote, advertise, and market	7856
the region in which the county is located, all as the board may	7857
determine and make appropriations for from time to time, subject	7858
to the terms of any pledge to the payment of debt charges on	7859
outstanding general obligation securities or special obligation	7860
securities authorized under division (I) of this section. A	7861
resolution adopted under division (H) of this section shall be	7862
adopted not earlier than January 15, 2007, and not later than	7863
January 15, 2008.	7864

A resolution adopted under division (H) of this section may	7865
direct the board of elections to submit the question of enacting	7866
or increasing lodging taxes, as the case may be, to the electors	7867
of the county at a special election held on the date specified by	7868
the board in the resolution, provided that the election occurs not	7869
less than seventy-five days after a certified copy of the	7870
resolution is transmitted to the board of elections and no later	7871
than January 15, 2008. A resolution submitted to the electors	7872
under this division shall not go into effect unless it is approved	7873
by a majority of those voting upon it. A resolution adopted under	7874
division (H) of this section that is not submitted to the electors	7875
of the county for their approval or disapproval is subject to a	7876
referendum as provided in sections 305.31 to 305.41 of the Revised	7877
Code.	7878

A resolution adopted under division (H) of this section takes	7879
effect upon its adoption, unless the resolution is submitted to	7880
the electors of the county for their approval or disapproval, in	7881
which case the resolution takes effect on the date the board of	7882
county commissioners receives notification from the board of	7883
elections of the affirmative vote. Lodging taxes received after	7884
the effective date of the resolution may be used for the purposes	7885
described in division (H) of this section, except that lodging	7886
taxes that have been pledged to the payment of debt charges on any	7887
bonds or notes issued by or for the benefit of a convention and	7888
visitors' bureau under division (C) of this section shall be used	7889
exclusively for that purpose until such time as the bonds or notes	7890
are no longer outstanding under the trust agreement securing those	7891
bonds or notes.	7892

(I)(1) The board of county commissioners of ~~an eligible~~a	7893
county with a population greater than four hundred thousand	7894
wherein the population of the largest city comprises more than	7895
one-third of that county's population may issue the following	7896
securities of the county for the purpose of paying costs of the	7897
project, refunding any outstanding county securities issued for	7898
that purpose, refunding any outstanding bonds or notes issued by	7899
or for the benefit of the bureau under division (C) of this	7900
section, or for any combination of those purposes:	7901

(a) General obligation securities issued under Chapter 133.	7902
of the Revised Code. The resolution authorizing these securities	7903
may include covenants to appropriate annually from lawfully	7904
available lodging taxes, and to continue to levy and collect those	7905
lodging taxes in, amounts necessary to meet the debt charges on	7906
those securities.	7907

(b) Special obligation securities issued under Chapter 133.	7908
of the Revised Code that are secured only by lawfully available	7909
lodging taxes and any other taxes and revenues pledged to pay the	7910
debt charges on those securities, except ad valorem property	7911
taxes. The resolution authorizing those securities shall include a	7912
pledge of and covenants to appropriate annually from lawfully	7913
available lodging taxes and any other taxes and revenues pledged	7914
for such purpose, and to continue to collect any of those revenues	7915
pledged for such purpose and to levy and collect those lodging	7916
taxes and any other taxes pledged for such purpose, in amounts	7917
necessary to meet the debt charges on those securities. The pledge	7918
is valid and binding from the time the pledge is made, and the	7919
lodging taxes so pledged and thereafter received by the county are	7920
immediately subject to the lien of the pledge without any physical	7921
delivery of the lodging taxes or further act. The lien of any	7922
pledge is valid and binding as against all parties having claims	7923
of any kind in tort, contract, or otherwise against the county,	7924
regardless of whether such parties have notice of the lien.	7925
Neither the resolution nor any trust agreement by which a pledge	7926
is created or further evidenced is required to be filed or	7927
recorded except in the records of the board. The special	7928
obligation securities shall contain a statement on their face to	7929
the effect that they are not general obligation securities, and,	7930
unless paid from other sources, are payable from the pledged	7931
lodging taxes.	7932

(c) Revenue securities authorized under section 133.08 of the	7933
Revised Code and issued under Chapter 133. of the Revised Code	7934
that are secured only by lawfully available project revenues	7935
pledged to pay the debt charges on those securities.	7936

(2) The securities described in division (I)(1) of this	7937
section are subject to Chapter 133. of the Revised Code.	7938

(3) Section 133.34 of the Revised Code, except for division	7939
(A) of that section, applies to the issuance of any refunding	7940
securities authorized under this division. In lieu of division (A)	7941
of section 133.34 of the Revised Code, the board of county	7942
commissioners shall establish the maturity date or dates, the	7943
interest payable on, and other terms of refunding securities as it	7944
considers necessary or appropriate for their issuance, provided	7945
that the final maturity of refunding securities shall not exceed	7946
by more than ten years the final maturity of any bonds refunded by	7947
refunding securities.	7948

(4) The board may not repeal, rescind, or reduce all or any	7949
portion of any lodging taxes pledged to the payment of debt	7950
charges on any outstanding special obligation securities	7951
authorized under this division, and no portion of any lodging	7952
taxes that is pledged, or that the board has covenanted to levy,	7953
collect, and appropriate annually to pay debt charges on any	7954
outstanding securities authorized under this division is subject	7955
to repeal, rescission, or reduction by the electorate of the	7956
county.	7957

Sec. 307.98. ~~Boards~~As used in this section, "county	7958
grantee" has the same meaning as in section 5101.21 of the Revised	7959
Code.	7960

Each board of county commissioners ~~may~~and each other county	7961
grantee of the county shall jointly enter into one or more written	7962
~~fiscal~~grant agreements with the director of job and family	7963
services in accordance with section 5101.21 of the Revised Code.	7964
~~If a board enters into a fiscal agreement, the~~The board of county	7965
commissioners shall enter into the agreement on behalf of the	7966
county family services agencies, other than a county family	7967
services agency that is a county ~~signer as defined in section~~	7968
~~5101.21 of the Revised Code~~grantee.	7969

Sec. 307.981. (A)(1) As used in the Revised Code:

7970

(a) "County family services agency" means all of the	7971
following:	7972

(i) A child support enforcement agency;

7973

(ii) A county department of job and family services;

7974

(iii) A public children services agency.

7975

(b) "Family services duty" means a duty state law requires or	7976
allows a county family services agency to assume, including	7977
financial and general administrative duties. "Family services	7978
duty" does not include a duty funded by the United States	7979
department of labor.	7980

(2) As used in sections 307.981 to 307.989 of the Revised	7981
Code, "private entity" means an entity other than a government	7982
entity.	7983

(B) To the extent permitted by federal law, including, when	7984
applicable, subpart F of 5 C.F.R. part 900, and subject to any	7985
limitations established by the Revised Code, including division	7986
(H) of this section, a board of county commissioners may designate	7987
any private or government entity within this state to serve as any	7988
of the following:	7989

(1) A child support enforcement agency;

7990

(2) A county department of job and family services;

7991

(3) A public children services agency;

7992

(4) A county department of job and family services and one	7993
other of those county family services agencies;	7994

(5) All three of those county family services agencies.

7995

(C) To the extent permitted by federal law, including, when	7996
applicable, subpart F of 5 C.F.R. part 900, and subject to any	7997
limitations of the Revised Code, including division (H) of this	7998
section, a board of county commissioners may change the	7999
designation it makes under division (B) of this section by	8000
designating another private or government entity.	8001

(D) If a designation under division (B) or (C) of this	8002
section constitutes a change from the designation in a ~~fiscal~~	8003
grant agreement between the director of job and family services	8004
and the board under sections 307.98 and 5101.21 of the Revised	8005
Code, the director may require that the director and board amend	8006
the ~~fiscal~~grant agreement and that the board provide the director	8007
written assurances that the newly designated private or government	8008
entity will meet or exceed all requirements of the family services	8009
duties the entity is to assume.	8010

(E) Not less than sixty days before a board of county	8011
commissioners designates an entity under division (B) or (C) of	8012
this section, the board shall notify the director of job and	8013
family services and publish notice in a newspaper of general	8014
circulation in the county of the board's intention to make the	8015
designation and reasons for the designation.	8016

(F) A board of county commissioners shall enter into a	8017
written contract with each entity it designates under division (B)	8018
or (C) of this section specifying the entity's responsibilities	8019
and standards the entity is required to meet.	8020

(G) This section does not require a board of county	8021
commissioners to abolish the child support enforcement agency,	8022
county department of job and family services, or public children	8023
services agency serving the county on October 1, 1997, and	8024
designate a different private or government entity to serve as the	8025
county's child support enforcement agency, county department of	8026
job and family services, or public children services agency.	8027

(H) If a county children services board appointed under	8028
section 5153.03 of the Revised Code serves as a public children	8029
services agency for a county, the board of county commissioners	8030
may not redesignate the public children services agency unless the	8031
board of county commissioners does all of the following:	8032

(1) Notifies the county children services board of its intent	8033
to redesignate the public children services agency. In its	8034
notification, the board of county commissioners shall provide the	8035
county children services board a written explanation of the	8036
administrative, fiscal, or performance considerations causing the	8037
board of county commissioners to seek to redesignate the public	8038
children services agency.	8039

(2) Provides the county children services board an	8040
opportunity to comment on the proposed redesignation before the	8041
redesignation occurs;	8042

(3) If the county children services board, not more than	8043
sixty days after receiving the notice under division (H)(1) of	8044
this section, notifies the board of county commissioners that the	8045
county children services board has voted to oppose the	8046
redesignation, votes unanimously to proceed with the	8047
redesignation.	8048

Sec. 308.04. Within sixty days after a regional airport	8049
authority has been created under section 308.03 of the Revised	8050
Code, the board of trustees for such regional airport authority	8051
shall be appointed as provided in the resolution creating it.	8052

Each member of the board of trustees, before entering upon	8053
~~his~~the member's official duties, shall take and subscribe to an	8054
oath or affirmation that hethe member will honestly, faithfully,	8055
and impartially perform the duties of ~~his~~ office, and that hethe	8056
member will not be interested directly or indirectly in any	8057
contract let by the regional airport authority. Any contract let	8058
by the regional airport authority in which a member of the board	8059
of trustees is directly or indirectly interested is void and	8060
unenforceable.	8061

After each member of the board has taken the oath as	8062
prescribed by this section the board shall meet and organize by	8063
electing one of its members as president and another as	8064
vice-president, who shall hold their respective offices until the	8065
next annual meeting of the board as provided in its bylaws. At	8066
each annual meeting thereafter the board shall elect from its	8067
membership a president and a vice-president who shall serve for a	8068
term of one year.	8069

The board shall appoint and fix the compensation of a	8070
secretary-treasurer, who shall not be a member of the board and	8071
who shall serve at the pleasure of the board.	8072

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	8073
of this section, the county recorder shall keep six separate sets	8074
of records as follows:	8075

(1) A record of deeds, in which shall be recorded all deeds	8076
and other instruments of writing for the absolute and	8077
unconditional sale or conveyance of lands, tenements, and	8078
hereditaments; all notices as provided in sections 5301.47 to	8079
5301.56 of the Revised Code; all judgments or decrees in actions	8080
brought under section 5303.01 of the Revised Code; all	8081
declarations and bylaws, and all amendments to declarations and	8082
bylaws, as provided in Chapter 5311. of the Revised Code;	8083
affidavits as provided in sections 5301.252 and 5301.56 of the	8084
Revised Code; all certificates as provided in section 5311.17 of	8085
the Revised Code; all articles dedicating archaeological preserves	8086
accepted by the director of the Ohio historical society under	8087
section 149.52 of the Revised Code; all articles dedicating nature	8088
preserves accepted by the director of natural resources under	8089
section 1517.05 of the Revised Code; all agreements for the	8090
registration of lands as archaeological or historic landmarks	8091
under section 149.51 or 149.55 of the Revised Code; all	8092
conveyances of conservation easements and agricultural easements	8093
under section 5301.68 of the Revised Code; all instruments	8094
extinguishing agricultural easements under section 901.21 or	8095
5301.691 of the Revised Code or pursuant to terms of such an	8096
easement granted to a charitable organization under section	8097
5301.68 of the Revised Code; all instruments or orders described	8098
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	8099
no further action letters issued under section 122.654 or 3746.11	8100
of the Revised Code; all covenants not to sue issued under section	8101
3746.12 of the Revised Code, including all covenants not to sue	8102
issued pursuant to section 122.654 of the Revised Code; any	8103
restrictions on the use of property contained in a no further	8104
action letter issued under section 122.654 of the Revised Code,	8105
any restrictions on the use of property identified pursuant to	8106
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	8107
restrictions on the use of property contained in a deed or other	8108
instrument as provided in division (E) or (F) of section 3737.882	8109
of the Revised Code; any easement executed or granted under	8110
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	8111
any environmental covenant entered into in accordance with	8112
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	8113
trust, as described in division (A) of section 5301.255 of the	8114
Revised Code, that describe specific real property; and all	8115
agreements entered into under division (A) of section ~~1521.26~~	8116
1506.44 of the Revised Code;	8117

(2) A record of mortgages, in which shall be recorded all of	8118
the following:	8119

(a) All mortgages, including amendments, supplements,	8120
modifications, and extensions of mortgages, or other instruments	8121
of writing by which lands, tenements, or hereditaments are or may	8122
be mortgaged or otherwise conditionally sold, conveyed, affected,	8123
or encumbered;	8124

(b) All executory installment contracts for the sale of land	8125
executed after September 29, 1961, that by their terms are not	8126
required to be fully performed by one or more of the parties to	8127
them within one year of the date of the contracts;	8128

(c) All options to purchase real estate, including	8129
supplements, modifications, and amendments of the options, but no	8130
option of that nature shall be recorded if it does not state a	8131
specific day and year of expiration of its validity;	8132

(d) Any tax certificate sold under section 5721.33 of the	8133
Revised Code, or memorandum of it, that is presented for filing of	8134
record.	8135

(3) A record of powers of attorney, including all memoranda	8136
of trust, as described in division (A) of section 5301.255 of the	8137
Revised Code, that do not describe specific real property;	8138

(4) A record of plats, in which shall be recorded all plats	8139
and maps of town lots, of the subdivision of town lots, and of	8140
other divisions or surveys of lands, any center line survey of a	8141
highway located within the county, the plat of which shall be	8142
furnished by the director of transportation or county engineer,	8143
and all drawings and amendments to drawings, as provided in	8144
Chapter 5311. of the Revised Code;	8145

(5) A record of leases, in which shall be recorded all	8146
leases, memoranda of leases, and supplements, modifications, and	8147
amendments of leases and memoranda of leases;	8148

(6) A record of declarations executed pursuant to section	8149
2133.02 of the Revised Code and durable powers of attorney for	8150
health care executed pursuant to section 1337.12 of the Revised	8151
Code.	8152

(B) All instruments or memoranda of instruments entitled to	8153
record shall be recorded in the proper record in the order in	8154
which they are presented for record. The recorder may index, keep,	8155
and record in one volume unemployment compensation liens, internal	8156
revenue tax liens and other liens in favor of the United States as	8157
described in division (A) of section 317.09 of the Revised Code,	8158
personal tax liens, mechanic's liens, agricultural product liens,	8159
notices of liens, certificates of satisfaction or partial release	8160
of estate tax liens, discharges of recognizances, excise and	8161
franchise tax liens on corporations, broker's liens, and liens	8162
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and	8163
5311.18 of the Revised Code.	8164

The recording of an option to purchase real estate, including	8165
any supplement, modification, and amendment of the option, under	8166
this section shall serve as notice to any purchaser of an interest	8167
in the real estate covered by the option only during the period of	8168
the validity of the option as stated in the option.	8169

(C) In lieu of keeping the six separate sets of records	8170
required in divisions (A)(1) to (6) of this section and the	8171
records required in division (D) of this section, a county	8172
recorder may record all the instruments required to be recorded by	8173
this section in two separate sets of record books. One set shall	8174
be called the "official records" and shall contain the instruments	8175
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this	8176
section. The second set of records shall contain the instruments	8177
listed in division (A)(4) of this section.	8178

(D) Except as provided in division (C) of this section, the	8179
county recorder shall keep a separate set of records containing	8180
all corrupt activity lien notices filed with the recorder pursuant	8181
to section 2923.36 of the Revised Code and a separate set of	8182
records containing all medicaid fraud lien notices filed with the	8183
recorder pursuant to section 2933.75 of the Revised Code.	8184

Sec. 319.202. Before the county auditor indorses any real	8185
property conveyance or manufactured or mobile home conveyance	8186
presented to the auditor pursuant to section 319.20 of the Revised	8187
Code or registers any manufactured or mobile home conveyance	8188
pursuant to section 4503.061 of the Revised Code, the grantee or	8189
the grantee's representative shall submit in triplicate a	8190
statement, prescribed by the tax commissioner, and other	8191
information as the county auditor may require, declaring the value	8192
of real property or manufactured or mobile home conveyed, except	8193
that when the transfer is exempt under division ~~(F)~~(G)(3) of	8194
section 319.54 of the Revised Code only a statement of the reason	8195
for the exemption shall be required. Each statement submitted	8196
under this section shall contain the information required under	8197
divisions (A) and (B) of this section.	8198

(A) Each statement submitted under this section shall	8199
either:	8200

(1) Contain an affirmation by the grantee that the grantor	8201
has been asked by the grantee or the grantee's representative	8202
whether to the best of the grantor's knowledge either the	8203
preceding or the current year's taxes on the real property or the	8204
current or following year's taxes on the manufactured or mobile	8205
home conveyed will be reduced under division (A) of section	8206
323.152 or under section 4503.065 of the Revised Code and that the	8207
grantor indicated that to the best of the grantor's knowledge the	8208
taxes will not be so reduced; or	8209

(2) Be accompanied by a sworn or affirmed instrument stating:

8210

(a) To the best of the grantor's knowledge the real property	8211
or the manufactured or mobile home that is the subject of the	8212
conveyance is eligible for and will receive a reduction in taxes	8213
for or payable in the current year under division (A) of section	8214
323.152 or under section 4503.065 of the Revised Code and that the	8215
reduction or reductions will be reflected in the grantee's taxes;	8216

(b) The estimated amount of such reductions that will be	8217
reflected in the grantee's taxes;	8218

(c) That the grantor and the grantee have considered and	8219
accounted for the total estimated amount of such reductions to the	8220
satisfaction of both the grantee and the grantor. The auditor	8221
shall indorse the instrument, return it to the grantee or the	8222
grantee's representative, and provide a copy of the indorsed	8223
instrument to the grantor or the grantor's representative.	8224

(B) Each statement submitted under this section shall either:

8225

(1) Contain an affirmation by the grantee that the grantor	8226
has been asked by the grantee or the grantee's representative	8227
whether to the best of the grantor's knowledge the real property	8228
conveyed qualified for the current agricultural use valuation	8229
under section 5713.30 of the Revised Code either for the preceding	8230
or the current year and that the grantor indicated that to the	8231
best of the grantor's knowledge the property conveyed was not so	8232
qualified; or	8233

(2) Be accompanied by a sworn or affirmed instrument stating:

8234

(a) To the best of the grantor's knowledge the real property	8235
conveyed was qualified for the current agricultural use valuation	8236
under section 5713.30 of the Revised Code either for the preceding	8237
or the current year;	8238

(b) To the extent that the property will not continue to	8239
qualify for the current agricultural use valuation either for the	8240
current or the succeeding year, that the property will be subject	8241
to a recoupment charge equal to the tax savings in accordance with	8242
section 5713.34 of the Revised Code;	8243

(c) That the grantor and the grantee have considered and	8244
accounted for the total estimated amount of such recoupment, if	8245
any, to the satisfaction of both the grantee and the grantor. The	8246
auditor shall indorse the instrument, forward it to the grantee or	8247
the grantee's representative, and provide a copy of the indorsed	8248
instrument to the grantor or the grantor's representative.	8249

(C) The grantor shall pay the fee required by division	8250
~~(F)~~(G)(3) of section 319.54 of the Revised Code; and, in the event	8251
the board of county commissioners of the county has levied a real	8252
property or a manufactured home transfer tax pursuant to Chapter	8253
322. of the Revised Code, the amount required by the real property	8254
or manufactured home transfer tax so levied. If the conveyance is	8255
exempt from the fee provided for in division ~~(F)~~(G)(3) of section	8256
319.54 of the Revised Code and the tax, if any, levied pursuant to	8257
Chapter 322. of the Revised Code, the reason for such exemption	8258
shall be shown on the statement. "Value" means, in the case of any	8259
deed or certificate of title not a gift in whole or part, the	8260
amount of the full consideration therefor, paid or to be paid for	8261
the real estate or manufactured or mobile home described in the	8262
deed or title, including the amount of any mortgage or vendor's	8263
lien thereon. If property sold under a land installment contract	8264
is conveyed by the seller under such contract to a third party and	8265
the contract has been of record at least twelve months prior to	8266
the date of conveyance, "value" means the unpaid balance owed to	8267
the seller under the contract at the time of the conveyance, but	8268
the statement shall set forth the amount paid under such contract	8269
prior to the date of conveyance. In the case of a gift in whole	8270
or part, "value" means the estimated price the real estate or	8271
manufactured or mobile home described in the deed or certificate	8272
of title would bring in the open market and under the then	8273
existing and prevailing market conditions in a sale between a	8274
willing seller and a willing buyer, both conversant with the	8275
property and with prevailing general price levels. No person shall	8276
willfully falsify the value of property conveyed.	8277

(D) The auditor shall indorse each conveyance on its face to	8278
indicate the amount of the conveyance fee and compliance with this	8279
section and if the property is residential rental property include	8280
a statement that the grantee shall file with the county auditor	8281
the information required under division (A) or (C) of section	8282
5323.02 of the Revised Code. The auditor shall retain the original	8283
copy of the statement of value, forward to the tax commissioner	8284
one copy on which shall be noted the most recent assessed value of	8285
the property, and furnish one copy to the grantee or the grantee's	8286
representative.	8287

(E) In order to achieve uniform administration and collection	8288
of the transfer fee required by division ~~(F)~~(G)(3) of section	8289
319.54 of the Revised Code, the tax commissioner shall adopt and	8290
promulgate rules for the administration and enforcement of the	8291
levy and collection of such fee.	8292

(F) As used in this section, "residential rental property"	8293
has the same meaning as in section 5323.01 of the Revised Code.	8294

Sec. 319.54. (A) On all moneys collected by the county	8295
treasurer on any tax duplicate of the county, other than estate	8296
tax duplicates, and on all moneys received as advance payments of	8297
personal property and classified property taxes, the county	8298
auditor, on settlement with the treasurer and tax commissioner, on	8299
or before the date prescribed by law for such settlement or any	8300
lawful extension of such date, shall be allowed as compensation	8301
for the county auditor's services the following percentages:	8302

(1) On the first one hundred thousand dollars, two and	8303
one-half per cent;	8304

(2) On the next two million dollars, eight thousand three	8305
hundred eighteen ten-thousandths of one per cent;	8306

(3) On the next two million dollars, six thousand six hundred	8307
fifty-five ten-thousandths of one per cent;	8308

(4) On all further sums, one thousand six hundred sixty-three	8309
ten-thousandths of one per cent.	8310

If any settlement is not made on or before the date	8311
prescribed by law for such settlement or any lawful extension of	8312
such date, the aggregate compensation allowed to the auditor shall	8313
be reduced one per cent for each day such settlement is delayed	8314
after the prescribed date. No penalty shall apply if the auditor	8315
and treasurer grant all requests for advances up to ninety per	8316
cent of the settlement pursuant to section 321.34 of the Revised	8317
Code. The compensation allowed in accordance with this section on	8318
settlements made before the dates prescribed by law, or the	8319
reduced compensation allowed in accordance with this section on	8320
settlements made after the date prescribed by law or any lawful	8321
extension of such date, shall be apportioned ratably by the	8322
auditor and deducted from the shares or portions of the revenue	8323
payable to the state as well as to the county, townships,	8324
municipal corporations, and school districts.	8325

(B) For the purpose of reimbursing county auditors for the	8326
expenses associated with the increased number of applications for	8327
reductions in real property taxes under sections 323.152 and	8328
4503.065 of the Revised Code that results from the amendment of	8329
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	8330
on the first day of August of each year there shall be paid from	8331
the state's general revenue fund to the county treasury to the	8332
credit of the real estate assessment fund created by section	8333
325.31 of the Revised Code an amount equal to one per cent of the	8334
total annual amount of property tax relief reimbursement paid to	8335
that county under sections 323.156 and 4503.068 of the Revised	8336
Code for the preceding tax year.	8337

(C) From all moneys collected by the county treasurer on any	8338
tax duplicate of the county, other than estate tax duplicates, and	8339
on all moneys received as advance payments of personal property	8340
and classified property taxes, there shall be paid into the county	8341
treasury to the credit of the real estate assessment fund created	8342
by section 325.31 of the Revised Code, an amount to be determined	8343
by the county auditor, which shall not exceed the ~~following~~	8344
percentages:prescribed in divisions (C)(1) and (2) of this	8345
section.	8346

(1) OnFor payments made after June 30, 2007, and before	8347
2011, the following percentages:	8348

(a) On the first ~~one~~five hundred thousand dollars, ~~three and~~	8349
~~one-half~~four per cent;	8350

~~(2)~~(b) On the next ~~three~~five million dollars, ~~one and~~	8351
~~three-eighths~~two per cent;	8352

~~(3)~~(c) On the next ~~three~~five million dollars, one per cent;

8353

~~(4)~~(d) On all further sums not exceeding one hundred fifty	8354
million dollars, three-quarters of one per cent;	8355

~~(5)~~(e) On amounts exceeding one hundred fifty million	8356
dollars, ~~six-tenths~~five hundred eighty-five thousandths of one	8357
per cent.	8358

(2) For payments made in or after 2011, the following	8359
percentages:	8360

(a) On the first five hundred thousand dollars, four per	8361
cent;	8362

(b) On the next ten million dollars, two per cent;

8363

(c) On amounts exceeding ten million five hundred thousand	8364
dollars, three-fourths of one per cent.	8365

Such compensation shall be apportioned ratably by the auditor	8366
and deducted from the shares or portions of the revenue payable to	8367
the state as well as to the county, townships, municipal	8368
corporations, and school districts.	8369

~~(C)~~(D) Each county auditor shall receive four per cent of the	8370
amount of tax collected and paid into the county treasury, on	8371
property omitted and placed by the county auditor on the tax	8372
duplicate.	8373

~~(D)~~(E) On all estate tax moneys collected by the county	8374
treasurer, the county auditor, on settlement semiannually with the	8375
tax commissioner, shall be allowed, as compensation for the	8376
auditor's services under Chapter 5731. of the Revised Code, the	8377
following percentages:	8378

(1) Four per cent on the first one hundred thousand dollars;

8379

(2) One-half of one per cent on all additional sums.

8380

Such percentages shall be computed upon the amount collected	8381
and reported at each semiannual settlement, and shall be for the	8382
use of the general fund of the county.	8383

~~(E)~~(F) On all cigarette license moneys collected by the	8384
county treasurer, the county auditor, on settlement semiannually	8385
with the treasurer, shall be allowed as compensation for the	8386
auditor's services in the issuing of such licenses one-half of one	8387
per cent of such moneys, to be apportioned ratably and deducted	8388
from the shares of the revenue payable to the county and	8389
subdivisions, for the use of the general fund of the county.	8390

~~(F)~~(G) The county auditor shall charge and receive fees as	8391
follows:	8392

(1) For deeds of land sold for taxes to be paid by the	8393
purchaser, five dollars;	8394

(2) For the transfer or entry of land, lot, or part of lot,	8395
or the transfer or entry on or after January 1, 2000, of a used	8396
manufactured home or mobile home as defined in section 5739.0210	8397
of the Revised Code, fifty cents for each transfer or entry, to be	8398
paid by the person requiring it;	8399

(3) For receiving statements of value and administering	8400
section 319.202 of the Revised Code, one dollar, or ten cents for	8401
each one hundred dollars or fraction of one hundred dollars,	8402
whichever is greater, of the value of the real property	8403
transferred or, for sales occurring on or after January 1, 2000,	8404
the value of the used manufactured home or used mobile home, as	8405
defined in section 5739.0210 of the Revised Code, transferred,	8406
except no fee shall be charged when the transfer is made:	8407

(a) To or from the United States, this state, or any	8408
instrumentality, agency, or political subdivision of the United	8409
States or this state;	8410

(b) Solely in order to provide or release security for a debt	8411
or obligation;	8412

(c) To confirm or correct a deed previously executed and	8413
recorded;	8414

(d) To evidence a gift, in trust or otherwise and whether	8415
revocable or irrevocable, between husband and wife, or parent and	8416
child or the spouse of either;	8417

(e) On sale for delinquent taxes or assessments;

8418

(f) Pursuant to court order, to the extent that such transfer	8419
is not the result of a sale effected or completed pursuant to such	8420
order;	8421

(g) Pursuant to a reorganization of corporations or	8422
unincorporated associations or pursuant to the dissolution of a	8423
corporation, to the extent that the corporation conveys the	8424
property to a stockholder as a distribution in kind of the	8425
corporation's assets in exchange for the stockholder's shares in	8426
the dissolved corporation;	8427

(h) By a subsidiary corporation to its parent corporation for	8428
no consideration, nominal consideration, or in sole consideration	8429
of the cancellation or surrender of the subsidiary's stock;	8430

(i) By lease, whether or not it extends to mineral or mineral	8431
rights, unless the lease is for a term of years renewable forever;	8432

(j) When the value of the real property or the manufactured	8433
or mobile home or the value of the interest that is conveyed does	8434
not exceed one hundred dollars;	8435

(k) Of an occupied residential property, including a	8436
manufactured or mobile home, being transferred to the builder of a	8437
new residence or to the dealer of a new manufactured or mobile	8438
home when the former residence is traded as part of the	8439
consideration for the new residence or new manufactured or mobile	8440
home;	8441

(l) To a grantee other than a dealer in real property or in	8442
manufactured or mobile homes, solely for the purpose of, and as a	8443
step in, the prompt sale of the real property or manufactured or	8444
mobile home to others;	8445

(m) To or from a person when no money or other valuable and	8446
tangible consideration readily convertible into money is paid or	8447
to be paid for the real estate or manufactured or mobile home and	8448
the transaction is not a gift;	8449

(n) Pursuant to division (B) of section 317.22 of the Revised	8450
Code, or section 2113.61 of the Revised Code, between spouses or	8451
to a surviving spouse pursuant to section 5302.17 of the Revised	8452
Code as it existed prior to April 4, 1985, between persons	8453
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	8454
after April 4, 1985, to a person who is a surviving, survivorship	8455
tenant pursuant to section 5302.17 of the Revised Code on or after	8456
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	8457

(o) To a trustee acting on behalf of minor children of the	8458
deceased;	8459

(p) Of an easement or right-of-way when the value of the	8460
interest conveyed does not exceed one thousand dollars;	8461

(q) Of property sold to a surviving spouse pursuant to	8462
section 2106.16 of the Revised Code;	8463

(r) To or from an organization exempt from federal income	8464
taxation under section 501(c)(3) of the "Internal Revenue Code of	8465
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	8466
transfer is without consideration and is in furtherance of the	8467
charitable or public purposes of such organization;	8468

(s) Among the heirs at law or devisees, including a surviving	8469
spouse, of a common decedent, when no consideration in money is	8470
paid or to be paid for the real property or manufactured or mobile	8471
home;	8472

(t) To a trustee of a trust, when the grantor of the trust	8473
has reserved an unlimited power to revoke the trust;	8474

(u) To the grantor of a trust by a trustee of the trust, when	8475
the transfer is made to the grantor pursuant to the exercise of	8476
the grantor's power to revoke the trust or to withdraw trust	8477
assets;	8478

(v) To the beneficiaries of a trust if the fee was paid on	8479
the transfer from the grantor of the trust to the trustee or if	8480
the transfer is made pursuant to trust provisions which became	8481
irrevocable at the death of the grantor;	8482

(w) To a corporation for incorporation into a sports facility	8483
constructed pursuant to section 307.696 of the Revised Code;	8484

(x) Between persons pursuant to section 5302.18 of the	8485
Revised Code.	8486

The auditor shall compute and collect the fee. The auditor	8487
shall maintain a numbered receipt system, as prescribed by the tax	8488
commissioner, and use such receipt system to provide a receipt to	8489
each person paying a fee. The auditor shall deposit the receipts	8490
of the fees on conveyances in the county treasury daily to the	8491
credit of the general fund of the county.	8492

The real property transfer fee provided for in division	8493
~~(F)~~(G)(3) of this section shall be applicable to any conveyance of	8494
real property presented to the auditor on or after January 1,	8495
1968, regardless of its time of execution or delivery.	8496

The transfer fee for a used manufactured home or used mobile	8497
home shall be computed by and paid to the county auditor of the	8498
county in which the home is located immediately prior to the	8499
transfer.	8500

Sec. 322.01. As used in sections 322.01 to 322.07 of the	8501
Revised Code:	8502

(A) "Value" means, in the case of any deed not a gift in	8503
whole or part, the amount of the full consideration therefor, paid	8504
or to be paid for the real estate described in the deed, including	8505
the amount of any liens thereon, with the following exceptions:	8506

(1) The amount owed on a debt secured by a mortgage which has	8507
been of record at least twelve months prior to the date of the	8508
conveyance and which is assumed by the purchaser;	8509

(2) The difference between the full amount of consideration	8510
and the unpaid balance owed to the seller at the time of the	8511
conveyance of property to a third party under a land installment	8512
contract that has been of record at least twelve months prior to	8513
the date of conveyance.	8514

(B) "Value" means, in the case of a manufactured or mobile	8515
home that is not a gift in whole or in part, the amount of the	8516
full consideration paid or to be paid for the home, including the	8517
amounts of any liens thereon.	8518

(C) "Value" means, in the case of a gift in whole or part,	8519
the estimated price the real estate described in the deed, or the	8520
manufactured or mobile home, would bring in the open market and	8521
under the then existing and prevailing market conditions in a sale	8522
between a willing seller and a willing buyer, both conversant with	8523
the property and with prevailing general price levels.	8524

(D) "Deed" means any deed, instrument, or writing by which	8525
any real property or any interest in real property is granted,	8526
assigned, transferred, or otherwise conveyed except that it does	8527
not include any deed, instrument, or writing which grants,	8528
assigns, transfers, or otherwise conveys any real property or	8529
interests in real property exempted from the fee required by	8530
division ~~(F)~~(G)(3) of section 319.54 of the Revised Code.	8531

(E) "Manufactured home" has the same meaning as in division	8532
(C)(4) of section 3781.06 of the Revised Code.	8533

(F) "Mobile home" has the same meaning as in division (O) of	8534
section 4501.01 of the Revised Code.	8535

Sec. 323.131. (A) Each tax bill prepared and mailed or	8536
delivered under section 323.13 of the Revised Code shall be in the	8537
form and contain the information required by the tax commissioner.	8538
The commissioner may prescribe different forms for each county and	8539
may authorize the county auditor to make up tax bills and tax	8540
receipts to be used by the county treasurer. For any county in	8541
which the board of county commissioners has granted a partial	8542
property tax exemption on homesteads under section 323.158 of the	8543
Revised Code, the commissioner shall require that the tax bills	8544
for those homesteads include a notice of the amount of the tax	8545
reduction that results from the partial exemption. In addition to	8546
the information required by the commissioner, each tax bill shall	8547
contain the following information:	8548

~~(A)~~(1) The taxes levied and the taxes charged and payable	8549
against the property;	8550

~~(B)~~(2) The effective tax rate. The words "effective tax rate"	8551
shall appear in boldface type.	8552

~~(C)~~(3) The following notices:

8553

~~(1)~~(a) "Notice: If the taxes are not paid within one year	8554
from the date they are due, the property is subject to foreclosure	8555
for tax delinquency." Failure to provide such notice has no effect	8556
upon the validity of any tax foreclosure to which a property is	8557
subjected.	8558

~~(2)~~(b) "Notice: If the taxes charged against this parcel have	8559
been reduced by the 2-1/2 per cent tax reduction for residences	8560
occupied by the owner but the property is not a residence occupied	8561
by the owner, the owner must notify the county auditor's office	8562
not later than March 31 of the year following the year for which	8563
the taxes are due. Failure to do so may result in the owner being	8564
convicted of a fourth degree misdemeanor, which is punishable by	8565
imprisonment up to 30 days, a fine up to $250, or both, and in the	8566
owner having to repay the amount by which the taxes were	8567
erroneously or illegally reduced, plus any interest that may	8568
apply.	8569

If the taxes charged against this parcel have not been	8570
reduced by the 2-1/2 per cent tax reduction and the parcel	8571
includes a residence occupied by the owner, the parcel may qualify	8572
for the tax reduction. To obtain an application for the tax	8573
reduction or further information, the owner may contact the county	8574
auditor's office at .......... (insert the address and telephone	8575
number of the county auditor's office)."	8576

~~(D)~~(4) For a tract or lot on the real property tax suspension	8577
list under section 319.48 of the Revised Code, the following	8578
notice: "Notice: The taxes shown due on this bill are for the	8579
current year only. Delinquent taxes, penalties, and interest also	8580
are due on this property. Contact the county treasurer to learn	8581
the total amount due."	8582

The tax bill shall not contain or be mailed or delivered with	8583
any information or material that is not required by this section	8584
or that is not authorized by section 321.45 of the Revised Code or	8585
by the tax commissioner.	8586

(B) If the property is residential rental property, the tax	8587
bill shall contain a statement that the owner of the residential	8588
rental property shall file with the county auditor the information	8589
required under division (A) or (C) of section 5323.02 of the	8590
Revised Code.	8591

(C) As used in this section, "residential rental property"	8592
has the same meaning as in section 5323.01 of the Revised Code.	8593

Sec. 323.151. As used in sections 323.151 to 323.159 of the	8594
Revised Code:	8595

(A) "Homestead" means either of the following:

8596

(1) A dwelling, including a unit in a multiple-unit dwelling	8597
and a manufactured home or mobile home taxed as real property	8598
pursuant to division (B) of section 4503.06 of the Revised Code,	8599
owned and occupied as a home by an individual whose domicile is in	8600
this state and who has not acquired ownership from a person, other	8601
than the individual's spouse, related by consanguinity or affinity	8602
for the purpose of qualifying for the real property tax reduction	8603
provided in section 323.152 of the Revised Code.	8604

(2) A unit in a housing cooperative that is occupied as a	8605
home, but not owned, by an individual whose domicile is in this	8606
state.	8607

The homestead shall include so much of the land surrounding	8608
it, not exceeding one acre, as is reasonably necessary for the use	8609
of the dwelling or unit as a home. An owner includes a holder of	8610
one of the several estates in fee, a vendee in possession under a	8611
purchase agreement or a land contract, a mortgagor, a life tenant,	8612
one or more tenants with a right of survivorship, tenants in	8613
common, and a settlor of a revocable inter vivos trust holding the	8614
title to a homestead occupied by the settlor as of right under the	8615
trust. The tax commissioner shall adopt rules for the uniform	8616
classification and valuation of real property or portions of real	8617
property as homesteads.	8618

(B) "Sixty-five years of age or older" means a person who has	8619
attained age sixty-four prior to the first day of January of the	8620
year of application for reduction in real estate taxes.	8621

(C) ~~"Total income" means the adjusted gross income of the~~	8622
~~owner and the owner's spouse for the year preceding the year in~~	8623
~~which application for a reduction in taxes is made, as determined~~	8624
~~under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26~~	8625
~~U.S.C.A. 1, as amended, adjusted as follows:~~	8626

~~(1) Subtract the amount of disability benefits included in~~	8627
~~adjusted gross income, but not to exceed fifty-two hundred~~	8628
~~dollars;~~	8629

~~(2) Add old age and survivors benefits received pursuant to~~	8630
~~the "Social Security Act" that are not included in adjusted gross~~	8631
~~income;~~	8632

~~(3) Add retirement, pension, annuity, or other retirement~~	8633
~~payments or benefits not included in adjusted gross income;~~	8634

~~(4) Add tier I and tier II railroad retirement benefits~~	8635
~~received pursuant to the "Railroad Retirement Act," 50 Stat. 307,~~	8636
~~45 U.S.C.A. 228;~~	8637

~~(5) Add interest on federal, state, and local government~~	8638
~~obligations;~~	8639

~~(6) For a person who received the homestead exemption for a~~	8640
~~prior year on the basis of being permanently and totally disabled~~	8641
~~and whose current application for the exemption is made on the~~	8642
~~basis of age, subtract the following amount:~~	8643

~~(a) If the person received disability benefits that were not~~	8644
~~included in adjusted gross income in the year preceding the first~~	8645
~~year in which the person applied for the exemption on the basis of~~	8646
~~age, subtract an amount equal to the disability benefits the~~	8647
~~person received in that preceding year, to the extent included in~~	8648
~~total income in the current year and not subtracted under division~~	8649
~~(C)(1) of this section in the current year;~~	8650

~~(b) If the person received disability benefits that were~~	8651
~~included in adjusted gross income in the year preceding the first~~	8652
~~year in which the person applied for the exemption on the basis of~~	8653
~~age, subtract an amount equal to the amount of disability benefits~~	8654
~~that were subtracted pursuant to division (C)(1) of this section~~	8655
~~in that preceding year, to the extent included in total income in~~	8656
~~the current year and not subtracted under division (C)(1) of this~~	8657
~~section in the current year.~~	8658

~~Disability benefits that are paid by the department of~~	8659
~~veterans affairs or a branch of the armed forces of the United~~	8660
~~States on account of an injury or disability shall not be included~~	8661
~~in total income.~~	8662

~~(D) "Old age and survivors benefits received pursuant to the~~	8663
~~'Social Security Act'" or "tier I railroad retirement benefits~~	8664
~~received pursuant to the 'Railroad Retirement Act'" means:~~	8665

~~(1) For those persons receiving the homestead exemption for~~	8666
~~the first time for tax years 1976 and earlier, old age benefits~~	8667
~~payable under the social security or railroad retirement laws in~~	8668
~~effect on December 31, 1975, except in those cases where a change~~	8669
~~in social security or railroad retirement benefits would result in~~	8670
~~a reduction in income.~~	8671

~~(2) For those persons receiving the homestead exemption for~~	8672
~~the first time for tax years 1977 and thereafter, old age benefits~~	8673
~~payable under the social security or railroad retirement laws in~~	8674
~~effect on the last day of the calendar year prior to the year for~~	8675
~~which the homestead exemption is first received, or, if no such~~	8676
~~benefits are payable that year, old age benefits payable the first~~	8677
~~succeeding year in which old age benefits under the social~~	8678
~~security or railroad retirement laws are payable, except in those~~	8679
~~cases where a change in social security or railroad retirement~~	8680
~~benefits results in a reduction in income.~~	8681

~~(3) The lesser of:~~

8682

~~(a) Survivors benefits payable under the social security or~~	8683
~~railroad retirement laws in effect on the last day of the calendar~~	8684
~~year prior to the year for which the homestead exemption is first~~	8685
~~received, or, if no such benefits are payable that year, survivors~~	8686
~~benefits payable the first succeeding year in which survivors~~	8687
~~benefits are payable; or~~	8688

~~(b) Old age benefits of the deceased spouse, as determined~~	8689
~~under division (D)(1) or (2) of this section, upon which the~~	8690
~~surviving spouse's survivors benefits are based under the social~~	8691
~~security or railroad retirement laws, except in those cases where~~	8692
~~a change in benefits would cause a reduction in income.~~	8693

~~Survivors benefits are those described in division (D)(3)(b)~~	8694
~~of this section only if the deceased spouse received old age~~	8695
~~benefits in the year in which the deceased spouse died. If the~~	8696
~~deceased spouse did not receive old age benefits in the year in~~	8697
~~which the deceased spouse died, then survivors benefits are those~~	8698
~~described in division (D)(3)(a) of this section.~~	8699

~~(E)~~ "Permanently and totally disabled" means a person who	8700
has, on the first day of January of the year of application for	8701
reduction in real estate taxes, some impairment in body or mind	8702
that makes the person unable to work at any substantially	8703
remunerative employment that the person is reasonably able to	8704
perform and that will, with reasonable probability, continue for	8705
an indefinite period of at least twelve months without any present	8706
indication of recovery therefrom or has been certified as	8707
permanently and totally disabled by a state or federal agency	8708
having the function of so classifying persons.	8709

~~(F)~~(D) "Housing cooperative" means a housing complex of at	8710
least two hundred fifty units that is owned and operated by a	8711
nonprofit corporation that issues a share of the corporation's	8712
stock to an individual, entitling the individual to live in a unit	8713
of the complex, and collects a monthly maintenance fee from the	8714
individual to maintain, operate, and pay the taxes of the complex.	8715

Sec. 323.152. In addition to the reduction in taxes required	8716
under section 319.302 of the Revised Code, taxes shall be reduced	8717
as provided in divisions (A) and (B) of this section.	8718

(A)(1) Division (A) of this section applies to any of the	8719
following:	8720

(a) A person who is permanently and totally disabled;

8721

(b) A person who is sixty-five years of age or older;

8722

(c) A person who is the surviving spouse of a deceased person	8723
who was permanently and totally disabled or sixty-five years of	8724
age or older and who applied and qualified for a reduction in	8725
taxes under this division in the year of death, provided the	8726
surviving spouse is at least fifty-nine but not sixty-five or more	8727
years of age on the date the deceased spouse dies.	8728

(2) Real property taxes on a homestead owned and occupied, or	8729
a homestead in a housing cooperative occupied, by a person to whom	8730
division (A) of this section applies shall be reduced for each	8731
year for which the owner obtains a certificate of reduction from	8732
the county auditor under section 323.154 of the Revised Code or	8733
for which the occupant obtains a certificate of reduction in	8734
accordance with section 323.159 of the Revised Code. The reduction	8735
shall equal the ~~amount obtained by multiplying the tax rate for~~	8736
~~the tax year for which the certificate is issued by the reduction~~	8737
~~in taxable value shown in the following schedule:~~	8738

		~~Reduce Taxable Value~~		8739
~~Total Income~~		~~by the Lesser of:~~		8740

~~$11,900 or less~~	~~$5,000 or seventy-five per cent~~	8741
~~More than $11,900 but not more than $17,500~~	~~$3,000 or sixty per cent~~	8742
~~More than $17,500 but not more than $23,000~~	~~$1,000 or twenty-five per cent~~	8743
~~More than $23,000~~	~~-0-~~	8744

~~(3) Each calendar year, the tax commissioner shall adjust the~~	8745
~~foregoing schedule by completing the following calculations in~~	8746
~~September of each year:~~	8747

~~(a) Determine the percentage increase in the gross domestic~~	8748
~~product deflator determined by the bureau of economic analysis of~~	8749
~~the United States department of commerce from the first day of~~	8750
~~January of the preceding calendar year to the last day of December~~	8751
~~of the preceding calendar year;~~	8752

~~(b) Multiply that percentage increase by each of the total~~	8753
~~income amounts, and by each dollar amount by which taxable value~~	8754
~~is reduced, for the current tax year;~~	8755

~~(c) Add the resulting product to each of the total income~~	8756
~~amounts, and to each of the dollar amounts by which taxable value~~	8757
~~is reduced, for the current tax year;~~	8758

~~(d)(i) Except as provided in division (A)(3)(d)(ii) of this~~	8759
~~section, round the resulting sum to the nearest multiple of one~~	8760
~~hundred dollars;~~	8761

~~(ii) If rounding the resulting sum to the nearest multiple of~~	8762
~~one hundred dollars under division (A)(3)(d)(i) of this section~~	8763
~~does not increase the dollar amounts by which taxable value is~~	8764
~~reduced, the resulting sum instead shall be rounded to the nearest~~	8765
~~multiple of ten dollars.~~	8766

~~The commissioner shall certify the amounts resulting from the~~	8767
~~adjustment to each county auditor not later than the first day of~~	8768
~~December each year. The certified amounts apply to the following~~	8769
~~tax year. The commissioner shall not make the adjustment in any~~	8770
~~calendar year in which the amounts resulting from the adjustment~~	8771
~~would be less than the total income amounts, or less than the~~	8772
~~dollar amounts by which taxable value is reduced, for the current~~	8773
~~tax year~~greater of the reduction granted for the tax year	8774
preceding the first tax year to which this section applies	8775
pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th	8776
general assembly, if the taxpayer received a reduction for that	8777
preceding tax year, or the product of the following:	8778

(a) Twenty-five thousand dollars of the true value of the	8779
property in money;	8780

(b) The assessment percentage established by the tax	8781
commissioner under division (B) of section 5715.01 of the Revised	8782
Code, not to exceed thirty-five per cent;	8783

(c) The effective tax rate used to calculate the taxes	8784
charged against the property for the current year, where	8785
"effective tax rate" is defined as in section 323.08 of the	8786
Revised Code;	8787

(d) The quantity equal to one minus the sum of the percentage	8788
reductions in taxes received by the property for the current tax	8789
year under section 319.302 of the Revised Code and division (B) of	8790
section 323.152 of the Revised Code.	8791

(B) To provide a partial exemption, real property taxes on	8792
any homestead, and manufactured home taxes on any manufactured or	8793
mobile home on which a manufactured home tax is assessed pursuant	8794
to division (D)(2) of section 4503.06 of the Revised Code, shall	8795
be reduced for each year for which the owner obtains a certificate	8796
of reduction from the county auditor under section 323.154 of the	8797
Revised Code. The amount of the reduction shall equal two and	8798
one-half per cent of the amount of taxes to be levied on the	8799
homestead or the manufactured or mobile home after applying	8800
section 319.301 of the Revised Code.	8801

(C) The reductions granted by this section do not apply to	8802
special assessments or respread of assessments levied against the	8803
homestead, and if there is a transfer of ownership subsequent to	8804
the filing of an application for a reduction in taxes, such	8805
reductions are not forfeited for such year by virtue of such	8806
transfer.	8807

(D) The reductions in taxable value referred to in this	8808
section shall be applied solely as a factor for the purpose of	8809
computing the reduction of taxes under this section and shall not	8810
affect the total value of property in any subdivision or taxing	8811
district as listed and assessed for taxation on the tax lists and	8812
duplicates, or any direct or indirect limitations on indebtedness	8813
of a subdivision or taxing district. If after application of	8814
sections 5705.31 and 5705.32 of the Revised Code, including the	8815
allocation of all levies within the ten-mill limitation to debt	8816
charges to the extent therein provided, there would be	8817
insufficient funds for payment of debt charges not provided for by	8818
levies in excess of the ten-mill limitation, the reduction of	8819
taxes provided for in sections 323.151 to 323.159 of the Revised	8820
Code shall be proportionately adjusted to the extent necessary to	8821
provide such funds from levies within the ten-mill limitation.	8822

(E) No reduction shall be made on the taxes due on the	8823
homestead of any person convicted of violating division (C) or (D)	8824
of section 323.153 of the Revised Code for a period of three years	8825
following the conviction.	8826

Sec. 323.153. (A) To obtain a reduction in real property	8827
taxes under division (A) or (B) of section 323.152 of the Revised	8828
Code or in manufactured home taxes under division (B) of section	8829
323.152 of the Revised Code, the owner shall file an application	8830
with the county auditor of the county in which the owner's	8831
homestead is located.	8832

To obtain a reduction in real property taxes under division	8833
(A) of section 323.152 of the Revised Code, the occupant of a	8834
homestead in a housing cooperative shall file an application with	8835
the nonprofit corporation that owns and operates the housing	8836
cooperative, in accordance with this paragraph. Not later than the	8837
first day of March each year, the corporation shall obtain	8838
applications from the county auditor's office and provide one to	8839
each new occupant. Not later than the first day of May, any	8840
occupant who may be eligible for a reduction in taxes under	8841
division (A) of section 323.152 of the Revised Code shall submit	8842
the completed application to the corporation. Not later than the	8843
fifteenth day of May, the corporation shall file all completed	8844
applications, and the information required by division (B) of	8845
section 323.159 of the Revised Code, with the county auditor of	8846
the county in which the occupants' homesteads are located.	8847
Continuing applications shall be furnished to an occupant in the	8848
manner provided in division (C)(4) of this section.	8849

(1) An application for reduction based upon a physical	8850
disability shall be accompanied by a certificate signed by a	8851
physician, and an application for reduction based upon a mental	8852
disability shall be accompanied by a certificate signed by a	8853
physician or psychologist licensed to practice in this state,	8854
attesting to the fact that the applicant is permanently and	8855
totally disabled. The certificate shall be in a form that the tax	8856
commissioner requires and shall include the definition of	8857
permanently and totally disabled as set forth in section 323.151	8858
of the Revised Code. An application for reduction based upon a	8859
disability certified as permanent and total by a state or federal	8860
agency having the function of so classifying persons shall be	8861
accompanied by a certificate from that agency. ~~Such an~~	8862

An application for a reduction under division (A) of section	8863
323.152 of the Revised Code constitutes a continuing application	8864
for a reduction in taxes for each year in which the dwelling is	8865
the applicant's homestead ~~and the amount of the reduction in~~	8866
~~taxable value to which the applicant is entitled does not exceed~~	8867
~~either the amount or percentage of the reduction to which the~~	8868
~~applicant was entitled for the year in which the application was~~	8869
~~first filed~~.	8870

(2) An application for a reduction in taxes under division	8871
(B) of section 323.152 of the Revised Code shall be filed only if	8872
the homestead or manufactured or mobile home was transferred in	8873
the preceding year or did not qualify for and receive the	8874
reduction in taxes under that division for the preceding tax year.	8875
The application for homesteads transferred in the preceding year	8876
shall be incorporated into any form used by the county auditor to	8877
administer the tax law in respect to the conveyance of real	8878
property pursuant to section 319.20 of the Revised Code or of used	8879
manufactured homes or used mobile homes as defined in section	8880
5739.0210 of the Revised Code. The owner of a manufactured or	8881
mobile home who has elected under division (D)(4) of section	8882
4503.06 of the Revised Code to be taxed under division (D)(2) of	8883
that section for the ensuing year may file the application at the	8884
time of making that election. The application shall contain a	8885
statement that failure by the applicant to affirm on the	8886
application that the dwelling on the property conveyed is the	8887
applicant's homestead prohibits the owner from receiving the	8888
reduction in taxes until a proper application is filed within the	8889
period prescribed by division (A)(3) of this section. Such an	8890
application constitutes a continuing application for a reduction	8891
in taxes for each year in which the dwelling is the applicant's	8892
homestead.	8893

(3) Failure to receive a new application filed under division	8894
(A)(1) or (2) or notification under division (C) of this section	8895
after a certificate of reduction has been issued under section	8896
323.154 of the Revised Code, or failure to receive a new	8897
application filed under division (A)(1) or notification under	8898
division (C) of this section after a certificate of reduction has	8899
been issued under section 323.159 of the Revised Code, is	8900
prima-facie evidence that the original applicant is entitled to	8901
the reduction in taxes calculated on the basis of the information	8902
contained in the original application. The original application	8903
and any subsequent application, including any late application,	8904
shall be in the form of a signed statement and shall be filed	8905
after the first Monday in January and not later than the first	8906
Monday in June. The original application and any subsequent	8907
application for a reduction in real property taxes shall be filed	8908
in the year for which the reduction is sought. The original	8909
application and any subsequent application for a reduction in	8910
manufactured home taxes shall be filed in the year preceding the	8911
year for which the reduction is sought. The statement shall be on	8912
a form, devised and supplied by the tax commissioner, which shall	8913
require no more information than is necessary to establish the	8914
applicant's eligibility for the reduction in taxes and the amount	8915
of the reduction, and, for a certificate of reduction issued under	8916
section 323.154 of the Revised Code, shall include an affirmation	8917
by the applicant that ownership of the homestead was not acquired	8918
from a person, other than the applicant's spouse, related to the	8919
owner by consanguinity or affinity for the purpose of qualifying	8920
for the real property or manufactured home tax reduction provided	8921
for in division (A) or (B) of section 323.152 of the Revised Code.	8922
The form shall contain a statement that conviction of willfully	8923
falsifying information to obtain a reduction in taxes or failing	8924
to comply with division (C) of this section results in the	8925
revocation of the right to the reduction for a period of three	8926
years. ~~In the case of an application for a reduction in taxes~~	8927
~~under division (A) of section 323.152 of the Revised Code, the~~	8928
~~form shall contain a statement that signing the application~~	8929
~~constitutes a delegation of authority by the applicant to the~~	8930
~~county auditor to examine any financial records relating to income~~	8931
~~earned by the applicant as stated on the application for the~~	8932
~~purpose of determining a possible violation of division (D) or (E)~~	8933
~~of this section.~~	8934

(B) A late application for a tax reduction for the year	8935
preceding the year in which an original application is filed, or	8936
for a reduction in manufactured home taxes for the year in which	8937
an original application is filed, may be filed with the original	8938
application. If the county auditor determines the information	8939
contained in the late application is correct, the auditor shall	8940
determine the amount of the reduction in taxes to which the	8941
applicant would have been entitled for the preceding tax year had	8942
the applicant's application been timely filed and approved in that	8943
year.	8944

The amount of such reduction shall be treated by the auditor	8945
as an overpayment of taxes by the applicant and shall be refunded	8946
in the manner prescribed in section 5715.22 of the Revised Code	8947
for making refunds of overpayments. On the first day of July of	8948
each year, the county auditor shall certify the total amount of	8949
the reductions in taxes made in the current year under this	8950
division to the tax commissioner, who shall treat the full amount	8951
thereof as a reduction in taxes for the preceding tax year and	8952
shall make reimbursement to the county therefor in the manner	8953
prescribed by section 323.156 of the Revised Code, from money	8954
appropriated for that purpose.	8955

(C)(1) If, in any year after an application has been filed	8956
under division (A)(1) or (2) of this section, the owner does not	8957
qualify for a reduction in taxes on the homestead or on the	8958
manufactured or mobile home set forth on such application~~, or~~	8959
~~qualifies for a reduction in taxes that is to be based upon a~~	8960
~~reduction in taxable value less than either the percentage or~~	8961
~~amount of the reduction in taxable value to which the owner was~~	8962
~~entitled in the year the application was filed~~, the owner shall	8963
notify the county auditor that the owner is not qualified for a	8964
reduction in taxes ~~or file a new application under division (A)(1)~~	8965
~~or (2) of this section~~.	8966

(2) If, in any year after an application has been filed under	8967
division (A)~~(1)~~ of this section, the occupant of a homestead in a	8968
housing cooperative does not qualify for a reduction in taxes on	8969
the homestead, the occupant shall notify the county auditor that	8970
the occupant is not qualified for a reduction in taxes or file a	8971
new application under division (A)~~(1)~~ of this section.	8972

(3) If the county auditor or county treasurer discovers that	8973
the owner of property not entitled to the reduction in taxes under	8974
division (B) of section 323.152 of the Revised Code failed to	8975
notify the county auditor as required by division (C)(1) of this	8976
section, a charge shall be imposed against the property in the	8977
amount by which taxes were reduced under that division for each	8978
tax year the county auditor ascertains that the property was not	8979
entitled to the reduction and was owned by the current owner.	8980
Interest shall accrue in the manner prescribed by division (B) of	8981
section 323.121 or division (G)(2) of section 4503.06 of the	8982
Revised Code on the amount by which taxes were reduced for each	8983
such tax year as if the reduction became delinquent taxes at the	8984
close of the last day the second installment of taxes for that tax	8985
year could be paid without penalty. The county auditor shall	8986
notify the owner, by ordinary mail, of the charge, of the owner's	8987
right to appeal the charge, and of the manner in which the owner	8988
may appeal. The owner may appeal the imposition of the charge and	8989
interest by filing an appeal with the county board of revision not	8990
later than the last day prescribed for payment of real and public	8991
utility property taxes under section 323.12 of the Revised Code	8992
following receipt of the notice and occurring at least ninety days	8993
after receipt of the notice. The appeal shall be treated in the	8994
same manner as a complaint relating to the valuation or assessment	8995
of real property under Chapter 5715. of the Revised Code. The	8996
charge and any interest shall be collected as other delinquent	8997
taxes.	8998

(4) Each year during January, the county auditor shall	8999
furnish by ordinary mail a continuing application to each person	9000
issued a certificate of reduction under section 323.154 or 323.159	9001
of the Revised Code with respect to a reduction in taxes under	9002
division (A) of section 323.152 of the Revised Code. The	9003
continuing application shall be used to report ~~changes in total~~	9004
~~income that would have the effect of increasing or decreasing the~~	9005
~~reduction in taxable value to which the person is entitled,~~	9006
changes in ownership or occupancy of the homestead, including	9007
changes in or revocation of a revocable inter vivos trust, changes	9008
in disability, and other changes in the information earlier	9009
furnished the auditor relative to the reduction in taxes on the	9010
property. The continuing application shall be returned to the	9011
auditor not later than the first Monday in June; provided, that if	9012
such changes do not affect the status of the homestead exemption	9013
or the amount of the reduction to which the owner is entitled	9014
under division (A) of section 323.152 of the Revised Code or to	9015
which the occupant is entitled under section 323.159 of the	9016
Revised Code, the application does not need to be returned.	9017

(5) Each year during February, the county auditor, except as	9018
otherwise provided in this paragraph, shall furnish by ordinary	9019
mail an original application to the owner, as of the first day of	9020
January of that year, of a homestead or a manufactured or mobile	9021
home that transferred during the preceding calendar year and that	9022
qualified for and received a reduction in taxes under division (B)	9023
of section 323.152 of the Revised Code for the preceding tax year.	9024
In order to receive the reduction under that division, the owner	9025
shall file the application with the county auditor not later than	9026
the first Monday in June. If the application is not timely filed,	9027
the auditor shall not grant a reduction in taxes for the homestead	9028
for the current year, and shall notify the owner that the	9029
reduction in taxes has not been granted, in the same manner	9030
prescribed under section 323.154 of the Revised Code for	9031
notification of denial of an application. Failure of an owner to	9032
receive an application does not excuse the failure of the owner to	9033
file an original application. The county auditor is not required	9034
to furnish an application under this paragraph for any homestead	9035
for which application has previously been made on a form	9036
incorporated into any form used by the county auditor to	9037
administer the tax law in respect to the conveyance of real	9038
property or of used manufactured homes or used mobile homes, and	9039
an owner who previously has applied on such a form is not required	9040
to return an application furnished under this paragraph.	9041

(D) No person shall knowingly make a false statement for the	9042
purpose of obtaining a reduction in the person's real property or	9043
manufactured home taxes under section 323.152 of the Revised Code.	9044

(E) No person shall knowingly fail to notify the county	9045
auditor of changes required by division (C) of this section that	9046
have the effect of maintaining or securing a reduction ~~in taxable~~	9047
~~value of homestead property or a reduction~~ in taxes ~~in excess of~~	9048
~~the reduction allowed~~ under section 323.152 of the Revised Code.	9049

(F) No person shall knowingly make a false statement or	9050
certification attesting to any person's physical or mental	9051
condition for purposes of qualifying such person for tax relief	9052
pursuant to sections 323.151 to 323.159 of the Revised Code.	9053

Sec. 323.154. On or before the day the county auditor has	9054
completed the duties imposed by sections 319.30 to 319.302 of the	9055
Revised Code, the auditor shall issue a certificate of reduction	9056
in taxes in triplicate for each person who has complied with	9057
section 323.153 of the Revised Code and whose homestead, as	9058
defined in division (A)(1) of section 323.151 of the Revised Code,	9059
or manufactured or mobile home the auditor finds is entitled to a	9060
reduction in real property or manufactured home taxes for that	9061
year under section 323.152 of the Revised Code. Except as provided	9062
in section 323.159 of the Revised Code, in the case of a homestead	9063
entitled to a reduction under division (A) of that section, the	9064
certificate shall state the taxable value of the homestead on the	9065
first day of January of that year, the ~~amount of the reduction in~~	9066
~~taxable value and the~~ total reduction in taxes for that year under	9067
that section, the tax rate that is applicable against such	9068
homestead for that year, and any other information the tax	9069
commissioner requires. In the case of a homestead or a	9070
manufactured or mobile home entitled to a reduction under division	9071
(B) of that section, the certificate shall state the total amount	9072
of the reduction in taxes for that year under that section and any	9073
other information the tax commissioner requires. The certificate	9074
for reduction in taxes shall be on a form approved by the	9075
commissioner. Upon issuance of such a certificate, the county	9076
auditor shall forward one copy and the original to the county	9077
treasurer and retain one copy. The county auditor also shall	9078
record the amount of reduction in taxes in the appropriate column	9079
on the general tax list and duplicate of real and public utility	9080
property and on the manufactured home tax list.	9081

If an application, late application, or continuing	9082
application is not approved, or if the county auditor otherwise	9083
determines that a homestead or a manufactured or mobile home does	9084
not qualify for a reduction in taxes under division (A) or (B) of	9085
section 323.152 of the Revised Code, the auditor shall notify the	9086
applicant of the reasons for denial not later than the first	9087
Monday in October. If an applicant believes that the application	9088
for reduction has been improperly denied or that the reduction is	9089
for less than that to which the applicant is entitled, the	9090
applicant may file an appeal with the county board of revision not	9091
later than the date of closing of the collection for the first	9092
half of real and public utility property taxes or manufactured	9093
home taxes. The appeal shall be treated in the same manner as a	9094
complaint relating to the valuation or assessment of real property	9095
under Chapter 5715. of the Revised Code.	9096

Sec. 325.31. (A) On the first business day of each month,	9097
and at the end of the officer's term of office, each officer named	9098
in section 325.27 of the Revised Code shall pay into the county	9099
treasury, to the credit of the general county fund, on the warrant	9100
of the county auditor, all fees, costs, penalties, percentages,	9101
allowances, and perquisites collected by the officer's office	9102
during the preceding month or part thereof for official services,	9103
except the fees allowed the county auditor by division ~~(B)~~(C) of	9104
section 319.54 of the Revised Code, which shall be paid into the	9105
county treasury to the credit of the real estate assessment fund	9106
hereby created.	9107

(B) Moneys to the credit of the real estate assessment fund	9108
may be expended, upon appropriation by the board of county	9109
commissioners, for the purpose of defraying one or more of the	9110
following:	9111

(1) The cost incurred by the county auditor in assessing real	9112
estate pursuant to Chapter 5713. of the Revised Code and	9113
manufactured and mobile homes pursuant to Chapter 4503. of the	9114
Revised Code;	9115

(2) At the county auditor's discretion, costs and expenses	9116
incurred by the county auditor in preparing the list of real and	9117
public utility property, in administering laws related to the	9118
taxation of real property and the levying of special assessments	9119
on real property, including administering reductions under	9120
Chapters 319. and 323. and section 4503.065 of the Revised Code,	9121
and to support assessments of real property in any administrative	9122
or judicial proceeding;	9123

(3) At the county auditor's discretion, the expenses incurred	9124
by the county board of revision under Chapter 5715. of the Revised	9125
Code;	9126

(4) At the county auditor's discretion, the expenses incurred	9127
by the county auditor for geographic information systems, mapping	9128
programs, and technological advances in those or similar systems	9129
or programs;	9130

(5) At the county auditor's discretion, expenses incurred by	9131
the county auditor in compiling the general tax list of tangible	9132
personal property and administering tangible personal property	9133
taxes under Chapters 5711. and 5719. of the Revised Code;	9134

(6) At the county auditor's discretion, costs, expenses, and	9135
fees incurred by the county auditor in the administration of	9136
estate taxes under Chapter 5731. of the Revised Code and the	9137
amounts incurred under section 5731.41 of the Revised Code.	9138

Any expenditures made from the real estate assessment fund	9139
shall comply with rules that the tax commissioner adopts under	9140
division (O) of section 5703.05 of the Revised Code. Those rules	9141
shall include a requirement that a copy of any appraisal plans,	9142
progress of work reports, contracts, or other documents required	9143
to be filed with the tax commissioner shall be filed also with the	9144
board of county commissioners.	9145

The board of county commissioners shall not transfer moneys	9146
required to be deposited in the real estate assessment fund to any	9147
other fund. Following an assessment of real property pursuant to	9148
Chapter 5713. of the Revised Code, or an assessment of a	9149
manufactured or mobile home pursuant to Chapter 4503. of the	9150
Revised Code, any moneys not expended for the purpose of defraying	9151
the cost incurred in assessing real estate or manufactured or	9152
mobile homes or for the purpose of defraying the expenses	9153
described in divisions (B)(2), (3), (4), (5), and (6) of this	9154
section, and thereby remaining to the credit of the real estate	9155
assessment fund, shall be apportioned ratably and distributed to	9156
those taxing authorities that contributed to the fund. However, no	9157
such distribution shall be made if the amount of such unexpended	9158
moneys remaining to the credit of the real estate assessment fund	9159
does not exceed five thousand dollars.	9160

(C) None of the officers named in section 325.27 of the	9161
Revised Code shall collect any fees from the county. Each of such	9162
officers shall, at the end of each calendar year, make and file a	9163
sworn statement with the board of county commissioners of all such	9164
fees, costs, penalties, percentages, allowances, and perquisites	9165
which have been due in the officer's office and unpaid for more	9166
than one year prior to the date such statement is required to be	9167
made.	9168

Sec. 329.04. (A) The county department of job and family	9169
services shall have, exercise, and perform the following powers	9170
and duties:	9171

(1) Perform any duties assigned by the state department of	9172
job and family services regarding the provision of public family	9173
services, including the provision of the following services to	9174
prevent or reduce economic or personal dependency and to	9175
strengthen family life:	9176

(a) Services authorized by a Title IV-A program, as defined	9177
in section 5101.80 of the Revised Code;	9178

(b) Social services authorized by Title XX of the "Social	9179
Security Act" and provided for by section 5101.46 or 5101.461 of	9180
the Revised Code;	9181

(c) If the county department is designated as the child	9182
support enforcement agency, services authorized by Title IV-D of	9183
the "Social Security Act" and provided for by Chapter 3125. of	9184
the Revised Code. The county department may perform the services	9185
itself or contract with other government entities, and, pursuant	9186
to division (C) of section 2301.35 and section 2301.42 of the	9187
Revised Code, private entities, to perform the Title IV-D	9188
services.	9189

(d) Duties assigned under section 5111.98 of the Revised	9190
Code.	9191

(2) Administer disability financial assistance, as required	9192
by the state department of job and family services under section	9193
5115.03 of the Revised Code;	9194

(3) Administer disability medical assistance, as required by	9195
the state department of job and family services under section	9196
5115.13 of the Revised Code;	9197

(4) Administer burials insofar as the administration of	9198
burials was, prior to September 12, 1947, imposed upon the board	9199
of county commissioners and if otherwise required by state law;	9200

(5) Cooperate with state and federal authorities in any	9201
matter relating to family services and to act as the agent of such	9202
authorities;	9203

(6) Submit an annual account of its work and expenses to the	9204
board of county commissioners and to the state department of job	9205
and family services at the close of each fiscal year;	9206

(7) Exercise any powers and duties relating to family	9207
services duties or workforce development activities imposed upon	9208
the county department of job and family services by law, by	9209
resolution of the board of county commissioners, or by order of	9210
the governor, when authorized by law, to meet emergencies during	9211
war or peace;	9212

(8) Determine the eligibility for medical assistance of	9213
recipients of aid under Title XVI of the "Social Security Act";	9214

(9) If assigned by the state director of job and family	9215
services under section 5101.515 or 5101.525 of the Revised Code,	9216
determine applicants' eligibility for health assistance under the	9217
children's health insurance program part II or part III;	9218

(10) Enter into a plan of cooperation with the board of	9219
county commissioners under section 307.983, consult with the board	9220
in the development of the transportation work plan developed under	9221
section 307.985, establish with the board procedures under section	9222
307.986 for providing services to children whose families relocate	9223
frequently, and comply with the contracts the board enters into	9224
under sections 307.981 and 307.982 of the Revised Code that affect	9225
the county department;	9226

(11) For the purpose of complying with a ~~fiscal~~grant	9227
agreement the board of county commissioners enters into under	9228
~~section~~sections 307.98 and 5101.21 of the Revised Code, exercise	9229
the powers and perform the duties the ~~fiscal~~grant agreement	9230
assigns to the county department;	9231

(12) If the county department is designated as the workforce	9232
development agency, provide the workforce development activities	9233
specified in the contract required by section 330.05 of the	9234
Revised Code.	9235

(B) The powers and duties of a county department of job and	9236
family services are, and shall be exercised and performed, under	9237
the control and direction of the board of county commissioners.	9238
The board may assign to the county department any power or duty of	9239
the board regarding family services duties and workforce	9240
development activities. If the new power or duty necessitates the	9241
state department of job and family services changing its federal	9242
cost allocation plan, the county department may not implement the	9243
power or duty unless the United States department of health and	9244
human services approves the changes.	9245

Sec. 329.05. The county department of job and family	9246
services may administer or assist in administering any state or	9247
local family services duty in addition to those mentioned in	9248
section 329.04 of the Revised Code, supported wholly or in part by	9249
public funds from any source provided by agreement between the	9250
board of county commissioners and the officer, department, board,	9251
or agency in which the administration of such activity is vested.	9252
Such officer, department, board, or agency may enter into such	9253
agreement and confer upon the county department of job and family	9254
services, to the extent and in particulars specified in the	9255
agreement, the performance of any duties and the exercise of any	9256
powers imposed upon or vested in such officer, board, department,	9257
or agency, with respect to the administration of such activity.	9258
Such agreement shall be in the form of a resolution of the board	9259
of county commissioners, accepted in writing by the other party to	9260
the agreement, and filed in the office of the county auditor, and	9261
when so filed, shall have the effect of transferring the exercise	9262
of the powers and duties to which the agreement relates and shall	9263
exempt the other party from all further responsibility for the	9264
exercise of the powers and duties so transferred, during the life	9265
of the agreement.	9266

Such agreement shall be coordinated and not conflict with a	9267
~~fiscal~~grant agreement entered into under ~~section~~sections 307.98	9268
and 5101.21, a contract entered into under section 307.981 or	9269
307.982, a plan of cooperation entered into under section 307.983,	9270
a regional plan of cooperation entered into under section 307.984,	9271
a transportation work plan developed under section 307.985, or	9272
procedures for providing services to children whose families	9273
relocate frequently established under section 307.986 of the	9274
Revised Code. It may be revoked at the option of either party, by	9275
a resolution or order of the revoking party filed in the office of	9276
the auditor. Such revocation shall become effective at the end of	9277
the fiscal year occurring at least six months following the filing	9278
of the resolution or order. In the absence of such an express	9279
revocation so filed, the agreement shall continue indefinitely.	9280

This section does not permit a county department of job and	9281
family services to manage or control hospitals, humane societies,	9282
detention facilities, jails or probation departments of courts, or	9283
veterans service commissions.	9284

Sec. 329.14. (A) An individual whose household income does	9285
not exceed ~~one~~two hundred ~~fifty~~ per cent of the federal poverty	9286
line is eligible to participate in an individual development	9287
account program established by the county department of job and	9288
family services of the county in which the individual resides. An	9289
eligible individual seeking to be a participant in the program	9290
shall enter into an agreement with the fiduciary organization	9291
administering the program. The agreement shall specify the terms	9292
and conditions of uses of funds deposited, financial documentation	9293
required to be maintained by the participant, expectations and	9294
responsibilities of the participant, and services to be provided	9295
by the fiduciary organization.	9296

(B) A participant may deposit earned income, as defined in 26	9297
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	9298
organization may deposit into the account an amount not exceeding	9299
~~twice~~four times the amount deposited by the participant except	9300
that a fiduciary organization may not, pursuant to an agreement	9301
with an employer, deposit an amount into an account held by a	9302
participant who is employed by the employer. An account may have	9303
no more than ten thousand dollars in it at any time.	9304

(C) Notwithstanding eligibility requirements established in	9305
or pursuant to Chapter 5107., 5108., or 5111. of the Revised Code,	9306
to the extent permitted by federal statutes and regulations, money	9307
in an individual development account, including interest, is	9308
exempt from consideration in determining whether the participant	9309
or a member of the participant's assistance group is eligible for	9310
assistance under Chapter 5107., 5108., or 5111. of the Revised	9311
Code and the amount of assistance the participant or assistance	9312
group is eligible to receive.	9313

(D)(1) Except as provided in division (D)(2) of this section,	9314
an individual development account program participant may use	9315
money in the account only for the following purposes:	9316

(a) Postsecondary educational expenses paid directly from the	9317
account to an eligible education institution or vendor;	9318

(b) Qualified acquisition expenses of a principal residence,	9319
as defined in 26 U.S.C. 1034, as amended, paid directly from the	9320
account to the person or government entity to which the expenses	9321
are due;	9322

(c) Qualified business capitalization expenses made in	9323
accordance with a qualified business plan that has been approved	9324
by a financial institution or by a nonprofit microenterprise	9325
program having demonstrated business expertise and paid directly	9326
from the account to the person to whom the expenses are due.	9327

(2) A fiduciary organization shall permit a participant to	9328
withdraw money deposited by the participant if it is needed to	9329
deal with a personal emergency of the participant or a member of	9330
the participant's family or household. Withdrawal shall result in	9331
the loss of any matching funds in an amount equal to the amount of	9332
the withdrawal.	9333

(3) Regardless of the reason for the withdrawal, a withdrawal	9334
from an individual development account may be made only with the	9335
approval of the fiduciary organization.	9336

Sec. 340.03. (A) Subject to rules issued by the director of	9337
mental health after consultation with relevant constituencies as	9338
required by division (A)(11) of section 5119.06 of the Revised	9339
Code, with regard to mental health services, the board of alcohol,	9340
drug addiction, and mental health services shall:	9341

(1) Serve as the community mental health planning agency for	9342
the county or counties under its jurisdiction, and in so doing it	9343
shall:	9344

(a) Evaluate the need for facilities and community mental	9345
health services;	9346

(b) In cooperation with other local and regional planning and	9347
funding bodies and with relevant ethnic organizations, assess the	9348
community mental health needs, set priorities, and develop plans	9349
for the operation of facilities and community mental health	9350
services;	9351

(c) In accordance with guidelines issued by the director of	9352
mental health after consultation with board representatives,	9353
develop and submit to the department of mental health, no later	9354
than six months prior to the conclusion of the fiscal year in	9355
which the board's current plan is scheduled to expire, a community	9356
mental health plan listing community mental health needs,	9357
including the needs of all residents of the district now residing	9358
in state mental institutions and severely mentally disabled	9359
adults, children, and adolescents; all children subject to a	9360
determination made pursuant to section 121.38 of the Revised Code;	9361
and all the facilities and community mental health services that	9362
are or will be in operation or provided during the period for	9363
which the plan will be in operation in the service district to	9364
meet such needs.	9365

The plan shall include, but not be limited to, a statement of	9366
which of the services listed in section 340.09 of the Revised Code	9367
the board intends to make available. The board must include crisis	9368
intervention services for individuals in an emergency situation in	9369
the plan and explain how the board intends to make such services	9370
available. The plan must also include an explanation of how the	9371
board intends to make any payments that it may be required to pay	9372
under section 5119.62 of the Revised Code, a statement of the	9373
inpatient and community-based services the board proposes that the	9374
department operate, an assessment of the number and types of	9375
residential facilities needed, such other information as the	9376
department requests, and a budget for moneys the board expects to	9377
receive. The board shall also submit an allocation request for	9378
state and federal funds. Within sixty days after the department's	9379
determination that the plan and allocation request are complete,	9380
the department shall approve or disapprove the plan and request,	9381
in whole or in part, according to the criteria developed pursuant	9382
to section 5119.61 of the Revised Code. The department's statement	9383
of approval or disapproval shall specify the inpatient and the	9384
community-based services that the department will operate for the	9385
board. Eligibility	9386

~~Eligibility~~ for state and federal funding shall be contingent	9387
upon an approved plan or relevant part of a plan. ~~The department~~	9388
~~may provide state and federal funding for services included in a~~	9389
~~plan only if the services are for individuals whose focus of~~	9390
~~treatment or prevention is a mental disorder according to the~~	9391
~~edition of the American psychiatric association's diagnostic and~~	9392
~~statistical manual of mental disorders that is current at the time~~	9393
~~the funding is provided. This shall include such services for~~	9394
~~individuals who have a mental disorder and a co-occurring~~	9395
~~substance use disorder, substance-induced disorder, chronic~~	9396
~~dementing organic mental disorder, mental retardation, or~~	9397
~~developmental disability. The department may not provide state or~~	9398
~~federal funding under a plan for a service for individuals whose~~	9399
~~focus of treatment or prevention is solely a substance use~~	9400
~~disorder, substance-induced disorder, chronic dementing organic~~	9401
~~mental disorder, mental retardation, or developmental disability.~~	9402

If the director disapproves all or part of any plan, the	9403
director shall inform the board of the reasons for the disapproval	9404
and of the criteria that must be met before the plan may be	9405
approved. The director shall provide the board an opportunity to	9406
present its case on behalf of the plan. The director shall give	9407
the board a reasonable time in which to meet the criteria, and	9408
shall offer the board technical assistance to help it meet the	9409
criteria.	9410

If the approval of a plan remains in dispute thirty days	9411
prior to the conclusion of the fiscal year in which the board's	9412
current plan is scheduled to expire, the board or the director may	9413
request that the dispute be submitted to a mutually agreed upon	9414
third-party mediator with the cost to be shared by the board and	9415
the department. The mediator shall issue to the board and the	9416
department recommendations for resolution of the dispute. Prior to	9417
the conclusion of the fiscal year in which the current plan is	9418
scheduled to expire, the director, taking into consideration the	9419
recommendations of the mediator, shall make a final determination	9420
and approve or disapprove the plan, in whole or in part.	9421

If a board determines that it is necessary to amend a plan or	9422
an allocation request that has been approved under division	9423
(A)(1)(c) of this section, the board shall submit a proposed	9424
amendment to the director. The director may approve or disapprove	9425
all or part of the amendment. If the director does not approve all	9426
or part of the amendment within thirty days after it is submitted,	9427
the amendment or part of it shall be considered to have been	9428
approved. The director shall inform the board of the reasons for	9429
disapproval of all or part of an amendment and of the criteria	9430
that must be met before the amendment may be approved. The	9431
director shall provide the board an opportunity to present its	9432
case on behalf of the amendment. The director shall give the board	9433
a reasonable time in which to meet the criteria, and shall offer	9434
the board technical assistance to help it meet the criteria.	9435

The board shall implement the plan approved by the	9436
department.	9437

(d) Receive, compile, and transmit to the department of	9438
mental health applications for state reimbursement;	9439

(e) Promote, arrange, and implement working agreements with	9440
social agencies, both public and private, and with judicial	9441
agencies.	9442

(2) Investigate, or request another agency to investigate,	9443
any complaint alleging abuse or neglect of any person receiving	9444
services from a community mental health agency as defined in	9445
section 5122.01 of the Revised Code, or from a residential	9446
facility licensed under section 5119.22 of the Revised Code. If	9447
the investigation substantiates the charge of abuse or neglect,	9448
the board shall take whatever action it determines is necessary to	9449
correct the situation, including notification of the appropriate	9450
authorities. Upon request, the board shall provide information	9451
about such investigations to the department.	9452

(3) For the purpose of section 5119.611 of the Revised Code,	9453
cooperate with the director of mental health in visiting and	9454
evaluating whether the services of a community mental health	9455
agency satisfy the certification standards established by rules	9456
adopted under that section;	9457

(4) In accordance with criteria established under division	9458
(G) of section 5119.61 of the Revised Code, review and evaluate	9459
the quality, effectiveness, and efficiency of services provided	9460
through its community mental health plan and submit its findings	9461
and recommendations to the department of mental health;	9462

(5) In accordance with section 5119.22 of the Revised Code,	9463
review applications for residential facility licenses and	9464
recommend to the department of mental health approval or	9465
disapproval of applications;	9466

(6) Audit, in accordance with rules adopted by the auditor of	9467
state pursuant to section 117.20 of the Revised Code, at least	9468
annually all programs and services provided under contract with	9469
the board. In so doing, the board may contract for or employ the	9470
services of private auditors. A copy of the fiscal audit report	9471
shall be provided to the director of mental health, the auditor of	9472
state, and the county auditor of each county in the board's	9473
district.	9474

(7) Recruit and promote local financial support for mental	9475
health programs from private and public sources;	9476

(8)(a) Enter into contracts with public and private	9477
facilities for the operation of facility services included in the	9478
board's community mental health plan and enter into contracts with	9479
public and private community mental health agencies for the	9480
provision of community mental health services that are listed in	9481
section 340.09 of the Revised Code and included in the board's	9482
community mental health plan. The board may not contract with a	9483
community mental health agency to provide community mental health	9484
services included in the board's community mental health plan	9485
unless the services are certified by the director of mental health	9486
under section 5119.611 of the Revised Code. Section 307.86 of the	9487
Revised Code does not apply to contracts entered into under this	9488
division. In contracting with a community mental health agency, a	9489
board shall consider the cost effectiveness of services provided	9490
by that agency and the quality and continuity of care, and may	9491
review cost elements, including salary costs, of the services to	9492
be provided. A utilization review process shall be established as	9493
part of the contract for services entered into between a board and	9494
a community mental health agency. The board may establish this	9495
process in a way that is most effective and efficient in meeting	9496
local needs. In the case of a contract with a community mental	9497
health facility, as defined in section 5111.023 of the Revised	9498
Code, to provide services listed in division (B) of that section,	9499
the contract shall provide for the facility to be paid in	9500
accordance with the contract entered into between the departments	9501
of job and family services and mental health under section	9502
5111.91 of the Revised Code and any rules adopted under division	9503
(A) of section 5119.61 of the Revised Code.	9504

If either the board or a facility or community mental health	9505
agency with which the board contracts under division (A)(8)(a) of	9506
this section proposes not to renew the contract or proposes	9507
substantial changes in contract terms, the other party shall be	9508
given written notice at least one hundred twenty days before the	9509
expiration date of the contract. During the first sixty days of	9510
this one hundred twenty-day period, both parties shall attempt to	9511
resolve any dispute through good faith collaboration and	9512
negotiation in order to continue to provide services to persons in	9513
need. If the dispute has not been resolved sixty days before the	9514
expiration date of the contract, either party may notify the	9515
department of mental health of the unresolved dispute. The	9516
director may require both parties to submit the dispute to a third	9517
party with the cost to be shared by the board and the facility or	9518
community mental health agency. The third party shall issue to the	9519
board, the facility or agency, and the department recommendations	9520
on how the dispute may be resolved twenty days prior to the	9521
expiration date of the contract, unless both parties agree to a	9522
time extension. The director shall adopt rules establishing the	9523
procedures of this dispute resolution process.	9524

(b) With the prior approval of the director of mental health,	9525
a board may operate a facility or provide a community mental	9526
health service as follows, if there is no other qualified private	9527
or public facility or community mental health agency that is	9528
immediately available and willing to operate such a facility or	9529
provide the service:	9530

(i) In an emergency situation, any board may operate a	9531
facility or provide a community mental health service in order to	9532
provide essential services for the duration of the emergency;	9533

(ii) In a service district with a population of at least one	9534
hundred thousand but less than five hundred thousand, a board may	9535
operate a facility or provide a community mental health service	9536
for no longer than one year;	9537

(iii) In a service district with a population of less than	9538
one hundred thousand, a board may operate a facility or provide a	9539
community mental health service for no longer than one year,	9540
except that such a board may operate a facility or provide a	9541
community mental health service for more than one year with the	9542
prior approval of the director and the prior approval of the board	9543
of county commissioners, or of a majority of the boards of county	9544
commissioners if the district is a joint-county district.	9545

The director shall not give a board approval to operate a	9546
facility or provide a community mental health service under	9547
division (A)(8)(b)(ii) or (iii) of this section unless the	9548
director determines that it is not feasible to have the department	9549
operate the facility or provide the service.	9550

The director shall not give a board approval to operate a	9551
facility or provide a community mental health service under	9552
division (A)(8)(b)(iii) of this section unless the director	9553
determines that the board will provide greater administrative	9554
efficiency and more or better services than would be available if	9555
the board contracted with a private or public facility or	9556
community mental health agency.	9557

The director shall not give a board approval to operate a	9558
facility previously operated by a person or other government	9559
entity unless the board has established to the director's	9560
satisfaction that the person or other government entity cannot	9561
effectively operate the facility or that the person or other	9562
government entity has requested the board to take over operation	9563
of the facility. The director shall not give a board approval to	9564
provide a community mental health service previously provided by a	9565
community mental health agency unless the board has established to	9566
the director's satisfaction that the agency cannot effectively	9567
provide the service or that the agency has requested the board	9568
take over providing the service.	9569

The director shall review and evaluate a board's operation of	9570
a facility and provision of community mental health service under	9571
division (A)(8)(b) of this section.	9572

Nothing in division (A)(8)(b) of this section authorizes a	9573
board to administer or direct the daily operation of any facility	9574
or community mental health agency, but a facility or agency may	9575
contract with a board to receive administrative services or staff	9576
direction from the board under the direction of the governing body	9577
of the facility or agency.	9578

(9) Approve fee schedules and related charges or adopt a unit	9579
cost schedule or other methods of payment for contract services	9580
provided by community mental health agencies in accordance with	9581
guidelines issued by the department as necessary to comply with	9582
state and federal laws pertaining to financial assistance;	9583

(10) Submit to the director and the county commissioners of	9584
the county or counties served by the board, and make available to	9585
the public, an annual report of the programs under the	9586
jurisdiction of the board, including a fiscal accounting;	9587

(11) Establish, to the extent resources are available, a	9588
community support system, which provides for treatment, support,	9589
and rehabilitation services and opportunities. The essential	9590
elements of the system include, but are not limited to, the	9591
following components in accordance with section 5119.06 of the	9592
Revised Code:	9593

(a) To locate persons in need of mental health services to	9594
inform them of available services and benefits mechanisms;	9595

(b) Assistance for clients to obtain services necessary to	9596
meet basic human needs for food, clothing, shelter, medical care,	9597
personal safety, and income;	9598

(c) Mental health care, including, but not limited to,	9599
outpatient, partial hospitalization, and, where appropriate,	9600
inpatient care;	9601

(d) Emergency services and crisis intervention;

9602

(e) Assistance for clients to obtain vocational services and	9603
opportunities for jobs;	9604

(f) The provision of services designed to develop social,	9605
community, and personal living skills;	9606

(g) Access to a wide range of housing and the provision of	9607
residential treatment and support;	9608

(h) Support, assistance, consultation, and education for	9609
families, friends, consumers of mental health services, and	9610
others;	9611

(i) Recognition and encouragement of families, friends,	9612
neighborhood networks, especially networks that include racial and	9613
ethnic minorities, churches, community organizations, and	9614
meaningful employment as natural supports for consumers of mental	9615
health services;	9616

(j) Grievance procedures and protection of the rights of	9617
consumers of mental health services;	9618

(k) Case management, which includes continual individualized	9619
assistance and advocacy to ensure that needed services are offered	9620
and procured.	9621

(12) Designate the treatment program, agency, or facility for	9622
each person involuntarily committed to the board pursuant to	9623
Chapter 5122. of the Revised Code and authorize payment for such	9624
treatment. The board shall provide the least restrictive and most	9625
appropriate alternative that is available for any person	9626
involuntarily committed to it and shall assure that the services	9627
listed in section 340.09 of the Revised Code are available to	9628
severely mentally disabled persons residing within its service	9629
district. The board shall establish the procedure for authorizing	9630
payment for services, which may include prior authorization in	9631
appropriate circumstances. The board may provide for services	9632
directly to a severely mentally disabled person when life or	9633
safety is endangered and when no community mental health agency is	9634
available to provide the service.	9635

(13) Establish a method for evaluating referrals for	9636
involuntary commitment and affidavits filed pursuant to section	9637
5122.11 of the Revised Code in order to assist the probate	9638
division of the court of common pleas in determining whether there	9639
is probable cause that a respondent is subject to involuntary	9640
hospitalization and what alternative treatment is available and	9641
appropriate, if any;	9642

(14) Ensure that apartments or rooms built, subsidized,	9643
renovated, rented, owned, or leased by the board or a community	9644
mental health agency have been approved as meeting minimum fire	9645
safety standards and that persons residing in the rooms or	9646
apartments are receiving appropriate and necessary services,	9647
including culturally relevant services, from a community mental	9648
health agency. This division does not apply to residential	9649
facilities licensed pursuant to section 5119.22 of the Revised	9650
Code.	9651

(15) Establish a mechanism for involvement of consumer	9652
recommendation and advice on matters pertaining to mental health	9653
services in the alcohol, drug addiction, and mental health service	9654
district;	9655

(16) Perform the duties under section 3722.18 of the Revised	9656
Code required by rules adopted under section 5119.61 of the	9657
Revised Code regarding referrals by the board or mental health	9658
agencies under contract with the board of individuals with mental	9659
illness or severe mental disability to adult care facilities and	9660
effective arrangements for ongoing mental health services for the	9661
individuals. The board is accountable in the manner specified in	9662
the rules for ensuring that the ongoing mental health services are	9663
effectively arranged for the individuals.	9664

(B) The board shall establish such rules, operating	9665
procedures, standards, and bylaws, and perform such other duties	9666
as may be necessary or proper to carry out the purposes of this	9667
chapter.	9668

(C) A board of alcohol, drug addiction, and mental health	9669
services may receive by gift, grant, devise, or bequest any	9670
moneys, lands, or property for the benefit of the purposes for	9671
which the board is established, and may hold and apply it	9672
according to the terms of the gift, grant, or bequest. All money	9673
received, including accrued interest, by gift, grant, or bequest	9674
shall be deposited in the treasury of the county, the treasurer of	9675
which is custodian of the alcohol, drug addiction, and mental	9676
health services funds to the credit of the board and shall be	9677
available for use by the board for purposes stated by the donor or	9678
grantor.	9679

(D) No board member or employee of a board of alcohol, drug	9680
addiction, and mental health services shall be liable for injury	9681
or damages caused by any action or inaction taken within the scope	9682
of the board member's official duties or the employee's	9683
employment, whether or not such action or inaction is expressly	9684
authorized by this section, section 340.033, or any other section	9685
of the Revised Code, unless such action or inaction constitutes	9686
willful or wanton misconduct. Chapter 2744. of the Revised Code	9687
applies to any action or inaction by a board member or employee of	9688
a board taken within the scope of the board member's official	9689
duties or employee's employment. For the purposes of this	9690
division, the conduct of a board member or employee shall not be	9691
considered willful or wanton misconduct if the board member or	9692
employee acted in good faith and in a manner that the board member	9693
or employee reasonably believed was in or was not opposed to the	9694
best interests of the board and, with respect to any criminal	9695
action or proceeding, had no reasonable cause to believe the	9696
conduct was unlawful.	9697

(E) The meetings held by any committee established by a board	9698
of alcohol, drug addiction, and mental health services shall be	9699
considered to be meetings of a public body subject to section	9700
121.22 of the Revised Code.	9701

Sec. 505.37. (A) The board of township trustees may	9702
establish all necessary rules to guard against the occurrence of	9703
fires and to protect the property and lives of the citizens	9704
against damage and accidents, and may, with the approval of the	9705
specifications by the prosecuting attorney or, if the township has	9706
adopted limited home rule government under Chapter 504. of the	9707
Revised Code, with the approval of the specifications by the	9708
township's law director, purchase, lease, lease with an option to	9709
purchase, or otherwise provide any fire apparatus, mechanical	9710
resuscitators, or other equipment, appliances, materials, fire	9711
hydrants, and water supply for fire-fighting purposes that seems	9712
advisable to the board. The board shall provide for the care and	9713
maintenance of fire equipment, and, for these purposes, may	9714
purchase, lease, lease with an option to purchase, or construct	9715
and maintain necessary buildings, and it may establish and	9716
maintain lines of fire-alarm communications within the limits of	9717
the township. The board may employ one or more persons to maintain	9718
and operate fire-fighting equipment, or it may enter into an	9719
agreement with a volunteer fire company for the use and operation	9720
of fire-fighting equipment. The board may compensate the members	9721
of a volunteer fire company on any basis and in any amount that it	9722
considers equitable.	9723

When the estimated cost to purchase fire apparatus,	9724
mechanical resuscitators, other equipment, appliances, materials,	9725
fire hydrants, buildings, or fire-alarm communications equipment	9726
or services exceeds fifty thousand dollars, the contract shall be	9727
let by competitive bidding. When competitive bidding is required,	9728
the board shall advertise for not less than two nor more than four	9729
consecutive weeks in a newspaper of general circulation within the	9730
township. The advertisement shall include the time, date, and	9731
place where the clerk of the township, or the clerk's designee,	9732
will read bids publicly. The time, date, and place of bid openings	9733
may be extended to a later date by the board of township trustees,	9734
provided that written or oral notice of the change shall be given	9735
to all persons who have received or requested specifications not	9736
later than ninety-six hours prior to the original time and date	9737
fixed for the opening. The board may reject all the bids or accept	9738
the lowest and best bid, provided that the successful bidder meets	9739
the requirements of section 153.54 of the Revised Code when the	9740
contract is for the construction, demolition, alteration, repair,	9741
or reconstruction of an improvement.	9742

(B) The boards of township trustees of any two or more	9743
townships, or the legislative authorities of any two or more	9744
political subdivisions, or any combination of these, may, through	9745
joint action, unite in the joint purchase, lease, lease with an	9746
option to purchase, maintenance, use, and operation of	9747
fire-fighting equipment, or for any other purpose designated in	9748
sections 505.37 to 505.42 of the Revised Code, and may prorate the	9749
expense of the joint action on any terms that are mutually agreed	9750
upon.	9751

(C) The board of township trustees of any township may, by	9752
resolution, whenever it is expedient and necessary to guard	9753
against the occurrence of fires or to protect the property and	9754
lives of the citizens against damages resulting from their	9755
occurrence, create a fire district of any portions of the township	9756
that it considers necessary. The board may purchase, lease, lease	9757
with an option to purchase, or otherwise provide any fire	9758
apparatus, appliances, materials, fire hydrants, and water supply	9759
for fire-fighting purposes, or may contract for the fire	9760
protection for the fire district as provided in section 9.60 of	9761
the Revised Code. The fire district so created shall be given a	9762
separate name by which it shall be known.	9763

Additional unincorporated territory of the township may be	9764
added to a fire district upon the board's adoption of a resolution	9765
authorizing the addition. A municipal corporation that is within	9766
or adjoining the township may be added to a fire district upon the	9767
board's adoption of a resolution authorizing the addition and the	9768
municipal legislative authority's adoption of a resolution or	9769
ordinance requesting the addition of the municipal corporation to	9770
the fire district.	9771

If the township fire district imposes a tax, additional	9772
unincorporated territory of the township or a municipal	9773
corporation that is within or adjoining the township shall become	9774
part of the fire district only after all of the following have	9775
occurred:	9776

(1) Adoption by the board of township trustees of a	9777
resolution approving the expansion of the territorial limits of	9778
the district and, if the resolution proposes to add a municipal	9779
corporation, adoption by the municipal legislative authority of a	9780
resolution or ordinance requesting the addition of the municipal	9781
corporation to the district;	9782

(2) Adoption by the board of township trustees of a	9783
resolution recommending the extension of the tax to the additional	9784
territory;	9785

(3) Approval of the tax by the electors of the territory	9786
proposed for addition to the district.	9787

Each resolution of the board adopted under division (C)(2) of	9788
this section shall state the name of the fire district, a	9789
description of the territory to be added, and the rate and	9790
termination date of the tax, which shall be the rate and	9791
termination date of the tax currently in effect in the fire	9792
district.	9793

The board of trustees shall certify each resolution adopted	9794
under division (C)(2) of this section to the board of elections in	9795
accordance with section 5705.19 of the Revised Code. The election	9796
required under division (C)(3) of this section shall be held,	9797
canvassed, and certified in the manner provided for the submission	9798
of tax levies under section 5705.25 of the Revised Code, except	9799
that the question appearing on the ballot shall read:	9800

"Shall the territory within ........................	9801
(description of the proposed territory to be added) be added to	9802
........................ (name) fire district, and a property tax	9803
at a rate of taxation not exceeding ...... (here insert tax rate)	9804
be in effect for .......... (here insert the number of years the	9805
tax is to be in effect or "a continuing period of time," as	9806
applicable)?"	9807

If the question is approved by at least a majority of the	9808
electors voting on it, the joinder shall be effective as of the	9809
first day of July of the year following approval, and on that	9810
date, the township fire district tax shall be extended to the	9811
taxable property within the territory that has been added. If the	9812
territory that has been added is a municipal corporation and if it	9813
had adopted a tax levy for fire purposes, the levy is terminated	9814
on the effective date of the joinder.	9815

Any municipal corporation may withdraw from a township fire	9816
district created under division (C) of this section by the	9817
adoption by the municipal legislative authority of a resolution or	9818
ordinance ordering withdrawal. On the first day of July of the	9819
year following the adoption of the resolution or ordinance of	9820
withdrawal, the municipal corporation withdrawing ceases to be a	9821
part of the district, and the power of the fire district to levy a	9822
tax upon taxable property in the withdrawing municipal corporation	9823
terminates, except that the fire district shall continue to levy	9824
and collect taxes for the payment of indebtedness within the	9825
territory of the fire district as it was composed at the time the	9826
indebtedness was incurred.	9827

Upon the withdrawal of any municipal corporation from a	9828
township fire district created under division (C) of this section,	9829
the county auditor shall ascertain, apportion, and order a	9830
division of the funds on hand, moneys and taxes in the process of	9831
collection except for taxes levied for the payment of	9832
indebtedness, credits, and real and personal property, either in	9833
money or in kind, on the basis of the valuation of the respective	9834
tax duplicates of the withdrawing municipal corporation and the	9835
remaining territory of the fire district.	9836

A board of township trustees may remove unincorporated	9837
territory of the township from the fire district upon the adoption	9838
of a resolution authorizing the removal. On the first day of July	9839
of the year following the adoption of the resolution, the	9840
unincorporated township territory described in the resolution	9841
ceases to be a part of the district, and the power of the fire	9842
district to levy a tax upon taxable property in that territory	9843
terminates, except that the fire district shall continue to levy	9844
and collect taxes for the payment of indebtedness within the	9845
territory of the fire district as it was composed at the time the	9846
indebtedness was incurred.	9847

(D) The board of township trustees of any township, the board	9848
of fire district trustees of a fire district created under section	9849
505.371 of the Revised Code, or the legislative authority of any	9850
municipal corporation may purchase, lease, or lease with an option	9851
to purchase the necessary fire-fighting equipment, buildings, and	9852
sites for the township, fire district, or municipal corporation	9853
and issue securities for that purpose with maximum maturities as	9854
provided in section 133.20 of the Revised Code. The board of	9855
township trustees, board of fire district trustees, or legislative	9856
authority may also construct any buildings necessary to house	9857
fire-fighting equipment and issue securities for that purpose with	9858
maximum maturities as provided in section 133.20 of the Revised	9859
Code.	9860

The board of township trustees, board of fire district	9861
trustees, or legislative authority may issue the securities of the	9862
township, fire district, or municipal corporation, signed by the	9863
board or designated officer of the municipal corporation and	9864
attested by the signature of the township fiscal officer, fire	9865
district clerk, or municipal clerk, covering any deferred payments	9866
and payable at the times provided, which securities shall bear	9867
interest not to exceed the rate determined as provided in section	9868
9.95 of the Revised Code, and shall not be subject to Chapter 133.	9869
of the Revised Code. The legislation authorizing the issuance of	9870
the securities shall provide for levying and collecting annually	9871
by taxation, amounts sufficient to pay the interest on and	9872
principal of the securities. The securities shall be offered for	9873
sale on the open market or given to the vendor or contractor if no	9874
sale is made.	9875

Section 505.40 of the Revised Code does not apply to any	9876
securities issued, or any lease with an option to purchase entered	9877
into, in accordance with this division.	9878

(E) A board of township trustees of any township or a board	9879
of fire district trustees of a fire district created under section	9880
505.371 of the Revised Code may purchase a policy or policies of	9881
liability insurance for the officers, employees, and appointees of	9882
the fire department, fire district, or joint fire district	9883
governed by the board that includes personal injury liability	9884
coverage as to the civil liability of those officers, employees,	9885
and appointees for false arrest, detention, or imprisonment,	9886
malicious prosecution, libel, slander, defamation or other	9887
violation of the right of privacy, wrongful entry or eviction, or	9888
other invasion of the right of private occupancy, arising out of	9889
the performance of their duties.	9890

When a board of township trustees cannot, by deed of gift or	9891
by purchase and upon terms it considers reasonable, procure land	9892
for a township fire station that is needed in order to respond in	9893
reasonable time to a fire or medical emergency, the board may	9894
appropriate land for that purpose under sections 163.01 to 163.22	9895
of the Revised Code. If it is necessary to acquire additional	9896
adjacent land for enlarging or improving the fire station, the	9897
board may purchase, appropriate, or accept a deed of gift for the	9898
land for these purposes.	9899

(F) As used in this division, "emergency medical service	9900
organization" has the same meaning as in section 4766.01 of the	9901
Revised Code.	9902

A board of township trustees, by adoption of an appropriate	9903
resolution, may choose to have the Ohio medical transportation	9904
board license any emergency medical service organization it	9905
operates. If the board adopts such a resolution, Chapter 4766. of	9906
the Revised Code, except for sections 4766.06 and 4766.99 of the	9907
Revised Code, applies to the organization. All rules adopted	9908
under the applicable sections of that chapter also apply to the	9909
organization. A board of township trustees, by adoption of an	9910
appropriate resolution, may remove its emergency medical service	9911
organization from the jurisdiction of the Ohio medical	9912
transportation board.	9913

Sec. 505.376. When any expenditure of a fire and ambulance	9914
district, other than for the compensation of district employees,	9915
exceeds ~~twenty-five~~fifty thousand dollars, the contract for the	9916
expenditure shall be in writing and made with the lowest and best	9917
bidder after advertising for not less than two nor more than four	9918
consecutive weeks in a newspaper of general circulation within the	9919
district. The bids shall be opened and shall be publicly read by	9920
the clerk of the district, or the clerk's designee, at the time,	9921
date, and place specified in the advertisement to bidders or the	9922
specifications. The time, date, and place of bid openings may be	9923
extended to a later date by the board of trustees of the district,	9924
provided that written or oral notice of the change shall be given	9925
to all persons who have received or requested specifications no	9926
later than ninety-six hours prior to the original time and date	9927
fixed for the opening.	9928

Each bid on any contract shall contain the full name of every	9929
person interested in the bid. If the bid is for a contract for the	9930
construction, demolition, alteration, repair, or reconstruction of	9931
an improvement, it shall meet the requirements of section 153.54	9932
of the Revised Code. If the bid is for any other contract, it	9933
shall be accompanied by a sufficient bond or certified check,	9934
cashier's check, or money order on a solvent bank or savings and	9935
loan association that, if the bid is accepted, a contract will be	9936
entered into and the performance of it will be properly secured.	9937
If the bid for work embraces both labor and material, it shall be	9938
separately stated, with the price of the labor and the material.	9939
The board may reject any and all bids. The contract shall be	9940
between the district and the bidder, and the district shall pay	9941
the contract price in cash. When a bonus is offered for completion	9942
of a contract prior to a specified date, the board may exact a	9943
prorated penalty in like sum for each day of delay beyond the	9944
specified date. When there is reason to believe there is collusion	9945
or combination among bidders, the bids of those concerned shall	9946
be rejected.	9947

Sec. 505.705. A board of township trustees may agree to	9948
appropriate township general revenue fund moneys to, and may agree	9949
to grant or lend moneys from the township general revenue fund to,	9950
any political subdivision with authority to provide water or,	9951
sanitary sewerage ~~services~~, or ~~both, to~~storm water drainage	9952
within the township, for the purpose of providing moneys to the	9953
political subdivision to pay for the planning of or actual costs,	9954
fees, debt retirement, or any other expense, including, but not	9955
limited to, administrative and professional fees, incurred in	9956
supplying one or more of these purposes within the township, or	9957
the planning of or actual construction, maintenance, repair, ~~and~~	9958
or operation of water or, sanitary sewerage ~~systems~~, or ~~both, that~~	9959
~~service~~storm water drainage within the township. A board of	9960
township trustees that grants or lends moneys to a political	9961
subdivision for this purpose shall expressly state the terms of	9962
the grant or loan agreement in a written memorandum.	9963

Sec. 517.08. The proceeds arising from the sale of cemetery	9964
lots under section 517.07 of the Revised Code shall be used in	9965
maintaining, improving, beautifying, and embellishing such	9966
grounds, except that upon unanimous consent of the board of	9967
township trustees, such proceeds may be used in the purchase or	9968
appropriation of additional land for cemetery purposes in	9969
accordance with sections 517.01 and 517.13 of the Revised Code;	9970
and the board of township trustees may build and maintain proper	9971
and secure fences around all such cemeteries, to be paid for from	9972
the township funds.	9973

Sec. 709.01. Territory may be annexed to, merged with, or	9974
detached from, municipal corporations, in the manner provided in	9975
~~sections 709.01 to 709.47 of the Revised Code. No~~this chapter,	9976
provided that no territory lying within the boundaries of a	9977
military base, camp, or similar installation under the	9978
jurisdiction of a military department of the United States	9979
government, that is used for the housing of members of the armed	9980
forces of the United States and is a center for military	9981
operations of the department shall be annexed to or merged with a	9982
municipal corporation under ~~sections 709.01 to 709.21 of the~~	9983
~~Revised Code~~this chapter without the approval of the secretary of	9984
defense of the United States, ~~his~~the secretary's designee, or	9985
other person having authority under federal law to give such	9986
approval.	9987

Sec. 711.001. As used in this chapter:

9988

(A) "Plat" means a map of a tract or parcel of land.

9989

(B) "Subdivision" means either of the following:

9990

(1) The division of any parcel of land shown as a unit or as	9991
contiguous units on the last preceding general tax list and	9992
duplicate of real and public utility property, into two or more	9993
parcels, sites, or lots, any one of which is less than five acres	9994
for the purpose, whether immediate or future, of transfer of	9995
ownership, provided, however, that the following are exempt:	9996

(a) A division or partition of land into parcels of more than	9997
five acres not involving any new streets or easements of access;	9998

(b) The sale or exchange of parcels between adjoining lot	9999
owners, where that sale or exchange does not create additional	10000
building sites;	10001

(c) If the planning authority adopts a rule in accordance	10002
with section 711.133 of the Revised Code that exempts from	10003
division (B)(1) of this section any parcel of land that is four	10004
acres or more, parcels in the size range delineated in that rule.	10005

(2) The improvement of one or more parcels of land for	10006
residential, commercial, or industrial structures or groups of	10007
structures involving the division or allocation of land for the	10008
opening, widening, or extension of any public or private street or	10009
streets, except private streets serving industrial structures, or	10010
involving the division or allocation of land as open spaces for	10011
common use by owners, occupants, or leaseholders or as easements	10012
for the extension and maintenance of public or private sewer,	10013
water, storm drainage, or other similar facilities.	10014

(C) "Household sewage treatment system" has the same meaning	10015
as in section 3709.091 of the Revised Code.	10016

Sec. 711.05. (A) Upon the submission of a plat for approval,	10017
in accordance with section 711.041 of the Revised Code, the board	10018
of county commissioners shall certify on it the date of the	10019
submission. Within five days of submission of the plat, the board	10020
shall schedule a meeting to consider the plat and send a written	10021
notice by regular mail to the fiscal officer of the board of	10022
township trustees of the township in which the plat is located and	10023
the board of health of the health district in which the plat is	10024
located. The notice shall inform the trustees and the board of	10025
health of the submission of the plat and of the date, time, and	10026
location of any meeting at which the board of county commissioners	10027
will consider or act upon the proposed plat. The meeting shall	10028
take place within thirty days of submission of the plat, and no	10029
meeting shall be held until at least seven days have passed from	10030
the date the notice was sent by the board of county commissioners.	10031
The approval of the board required by section 711.041 of the	10032
Revised Code or the refusal to approve shall take place within	10033
thirty days from the date of submission or such further time as	10034
the applying party may agree to in writing; otherwise, the plat is	10035
deemed approved and may be recorded as if bearing such approval.	10036

(B) The board may adopt general rules governing plats and	10037
subdivisions of land falling within its jurisdiction, to secure	10038
and provide for the coordination of the streets within the	10039
subdivision with existing streets and roads or with existing	10040
county highways, for the proper amount of open spaces for traffic,	10041
circulation, and utilities, and for the avoidance of future	10042
congestion of population detrimental to the public health, safety,	10043
or welfare, but shall not impose a greater minimum lot area than	10044
forty-eight hundred square feet. Before the board may amend or	10045
adopt rules, it shall notify all the townships in the county of	10046
the proposed amendments or rules by regular mail at least thirty	10047
days before the public meeting at which the proposed amendments or	10048
rules are to be considered.	10049

The rules may require the board of health to review and	10050
comment on a plat before the board of county commissioners acts	10051
upon it and may also require proof of compliance with any	10052
applicable zoning resolutions, and with rules governing household	10053
sewage treatment ~~rules adopted under section 3718.02 of the~~	10054
~~Revised Code~~systems, as a basis for approval of a plat. Where	10055
under section 711.101 of the Revised Code the board of county	10056
commissioners has set up standards and specifications for the	10057
construction of streets, utilities, and other improvements for	10058
common use, the general rules may require the submission of	10059
appropriate plans and specifications for approval. The board shall	10060
not require the person submitting the plat to alter the plat or	10061
any part of it as a condition for approval, as long as the plat is	10062
in accordance with general rules governing plats and subdivisions	10063
of land, adopted by the board as provided in this section, in	10064
effect at the time the plat was submitted and the plat is in	10065
accordance with any standards and specifications set up under	10066
section 711.101 of the Revised Code, in effect at the time the	10067
plat was submitted.	10068

(C) The ground of refusal to approve any plat, submitted in	10069
accordance with section 711.041 of the Revised Code, shall be	10070
stated upon the record of the board, and, within sixty days	10071
thereafter, the person submitting any plat that the board refuses	10072
to approve may file a petition in the court of common pleas of the	10073
county in which the land described in the plat is situated to	10074
review the action of the board. A board of township trustees is	10075
not entitled to appeal a decision of the board of county	10076
commissioners under this section.	10077

Sec. 711.10. (A) Whenever a county planning commission or a	10078
regional planning commission adopts a plan for the major streets	10079
or highways of the county or region, no plat of a subdivision of	10080
land within the county or region, other than land within a	10081
municipal corporation or land within three miles of a city or one	10082
and one-half miles of a village as provided in section 711.09 of	10083
the Revised Code, shall be recorded until it is approved by the	10084
county or regional planning commission under division (C) of this	10085
section and the approval is endorsed in writing on the plat.	10086

(B) A county or regional planning commission may require the	10087
submission of a preliminary plan for each plat sought to be	10088
recorded. If the commission requires this submission, it shall	10089
provide for a review process for the preliminary plan. Under this	10090
review process, the planning commission shall give its approval,	10091
its approval with conditions, or its disapproval of each	10092
preliminary plan. The commission's decision shall be in writing,	10093
shall be under the signature of the secretary of the commission,	10094
and shall be issued within thirty-five business days after the	10095
submission of the preliminary plan to the commission. The	10096
disapproval of a preliminary plan shall state the reasons for the	10097
disapproval. A decision of the commission under this division is	10098
preliminary to and separate from the commission's decision to	10099
approve, conditionally approve, or refuse to approve a plat under	10100
division (C) of this section.	10101

(C) Within five calendar days after the submission of a plat	10102
for approval under this division, the county or regional planning	10103
commission shall schedule a meeting to consider the plat and send	10104
a notice by regular mail or by electronic mail to the fiscal	10105
officer of the board of township trustees of the township in which	10106
the plat is located and the board of health of the health district	10107
in which the plat is located. The notice shall inform the trustees	10108
and the board of health of the submission of the plat and of the	10109
date, time, and location of any meeting at which the county or	10110
regional planning commission will consider or act upon the plat.	10111
The meeting shall take place within thirty calendar days after	10112
submission of the plat, and no meeting shall be held until at	10113
least seven calendar days have passed from the date the planning	10114
commission sent the notice.	10115

The approval of the county or regional planning commission,	10116
the commission's conditional approval as described in this	10117
division, or the refusal of the commission to approve shall be	10118
endorsed on the plat within thirty calendar days after the	10119
submission of the plat for approval under this division or within	10120
such further time as the applying party may agree to in writing;	10121
otherwise that plat is deemed approved, and the certificate of the	10122
commission as to the date of the submission of the plat for	10123
approval under this division and the failure to take action on it	10124
within that time shall be sufficient in lieu of the written	10125
endorsement or evidence of approval required by this division.	10126

A county or regional planning commission may grant	10127
conditional approval under this division to a plat by requiring a	10128
person submitting the plat to alter the plat or any part of it,	10129
within a specified period after the end of the thirty calendar	10130
days, as a condition for final approval under this division. Once	10131
all the conditions have been met within the specified period, the	10132
commission shall cause its final approval under this division to	10133
be endorsed on the plat. No plat shall be recorded until it is	10134
endorsed with the commission's final or unconditional approval	10135
under this division.	10136

The ground of refusal of approval of any plat submitted under	10137
this division, including citation of or reference to the rule	10138
violated by the plat, shall be stated upon the record of the	10139
county or regional planning commission. Within sixty calendar days	10140
after the refusal under this division, the person submitting any	10141
plat that the commission refuses to approve under this division	10142
may file a petition in the court of common pleas of the proper	10143
county, and the proceedings on the petition shall be governed by	10144
section 711.09 of the Revised Code as in the case of the refusal	10145
of a planning authority to approve a plat. A board of township	10146
trustees is not entitled to appeal a decision of the commission	10147
under this division.	10148

A county or regional planning commission shall adopt general	10149
rules, of uniform application, governing plats and subdivisions of	10150
land falling within its jurisdiction, to secure and provide for	10151
the proper arrangement of streets or other highways in relation to	10152
existing or planned streets or highways or to the county or	10153
regional plan, for adequate and convenient open spaces for	10154
traffic, utilities, access of firefighting apparatus, recreation,	10155
light, and air, and for the avoidance of congestion of population.	10156
The rules may provide for their modification by the commission in	10157
specific cases where unusual topographical and other exceptional	10158
conditions require the modification. The rules may require the	10159
board of health to review and comment on a plat before the	10160
commission acts upon it and also may require proof of compliance	10161
with any applicable zoning resolutions, and with rules governing	10162
household sewage treatment ~~rules adopted under section 3718.02 of~~	10163
~~the Revised Code~~systems, as a basis for approval of a plat.	10164

Before adoption of its rules or amendment of its rules, the	10165
commission shall hold a public hearing on the adoption or	10166
amendment. Notice of the public hearing shall be sent to all	10167
townships in the county or region by regular mail or electronic	10168
mail at least thirty business days before the hearing. No county	10169
or regional planning commission shall adopt any rules requiring	10170
actual construction of streets or other improvements or facilities	10171
or assurance of that construction as a condition precedent to the	10172
approval of a plat of a subdivision unless the requirements have	10173
first been adopted by the board of county commissioners after a	10174
public hearing. A copy of the rules shall be certified by the	10175
planning commission to the county recorders of the appropriate	10176
counties.	10177

After a county or regional street or highway plan has been	10178
adopted as provided in this section, the approval of plats and	10179
subdivisions provided for in this section shall be in lieu of any	10180
approvals provided for in other sections of the Revised Code,	10181
insofar as the territory within the approving jurisdiction of the	10182
county or regional planning commission, as provided in this	10183
section, is concerned. Approval of a plat shall not be an	10184
acceptance by the public of the dedication of any street, highway,	10185
or other way or open space shown upon the plat.	10186

No county or regional planning commission shall require a	10187
person submitting a plat to alter the plat or any part of it as	10188
long as the plat is in accordance with the general rules governing	10189
plats and subdivisions of land, adopted by the commission as	10190
provided in this section, in effect at the time the plat is	10191
submitted.	10192

A county or regional planning commission and a city or	10193
village planning commission, or platting commissioner or	10194
legislative authority of a village, with subdivision regulation	10195
jurisdiction over unincorporated territory within the county or	10196
region may cooperate and agree by written agreement that the	10197
approval of a plat by the city or village planning commission, or	10198
platting commissioner or legislative authority of a village, as	10199
provided in section 711.09 of the Revised Code, shall be	10200
conditioned upon receiving advice from or approval by the county	10201
or regional planning commission.	10202

(D) As used in this section, "business day" means a day of	10203
the week excluding Saturday, Sunday, or a legal holiday as defined	10204
in section 1.14 of the Revised Code.	10205

Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13	10206
of the Revised Code and except as provided in division (C) of this	10207
section, unless the rules adopted under section 711.05, 711.09, or	10208
711.10 of the Revised Code are amended pursuant to division (B) of	10209
this section, a proposed division of a parcel of land along an	10210
existing public street, not involving the opening, widening, or	10211
extension of any street or road, and involving no more than five	10212
lots after the original tract has been completely subdivided, may	10213
be submitted to the planning authority having approving	10214
jurisdiction of plats under section 711.05, 711.09, or 711.10 of	10215
the Revised Code for approval without plat. If the authority	10216
acting through a properly designated representative finds that a	10217
proposed division is not contrary to applicable platting,	10218
subdividing, zoning, health, sanitary, or access management	10219
regulations, regulations adopted under division (B)(3) of section	10220
307.37 of the Revised Code regarding existing surface or	10221
subsurface drainage, or rules governing household sewage treatment	10222
~~rules adopted under section 3718.02 of the Revised Code,~~	10223
~~including, but not limited to, rules governing household sewage~~	10224
~~disposal systems,~~systems, it shall approve the proposed division	10225
within seven business days after its submission and, on	10226
presentation of a conveyance of the parcel, shall stamp the	10227
conveyance "approved by (planning authority); no plat required"	10228
and have it signed by its clerk, secretary, or other official as	10229
may be designated by it. The planning authority may require the	10230
submission of a sketch and other information that is pertinent to	10231
its determination under this division.	10232

(B) For a period of up to two years after ~~the effective date~~	10233
~~of this amendment~~April 15, 2005, the rules adopted under section	10234
711.05, 711.09, or 711.10 of the Revised Code may be amended	10235
within that period to authorize the planning authority involved to	10236
approve proposed divisions of parcels of land without plat under	10237
this division. If an authority so amends its rules, it may approve	10238
no more than five lots without a plat from an original tract as	10239
that original tract exists on the effective date of the amendment	10240
to the rules. The authority shall make the findings and approve a	10241
proposed division in the time and manner specified in division (A)	10242
of this section.	10243

(C) This section does not apply to parcels subject to section	10244
711.133 of the Revised Code.	10245

(D) As used in this section:

10246

~~(1)~~, "~~Business~~business day" means a day of the week	10247
excluding Saturday, Sunday, or a legal holiday as defined in	10248
section 1.14 of the Revised Code.	10249

~~(2) "Household sewage disposal system" has the same meaning~~	10250
~~as in section 3709.091 of the Revised Code.~~	10251

Sec. 718.01. (A) As used in this chapter:

10252

(1) "Adjusted federal taxable income" means a C corporation's	10253
federal taxable income before net operating losses and special	10254
deductions as determined under the Internal Revenue Code, adjusted	10255
as follows:	10256

(a) Deduct intangible income to the extent included in	10257
federal taxable income. The deduction shall be allowed regardless	10258
of whether the intangible income relates to assets used in a trade	10259
or business or assets held for the production of income.	10260

(b) Add an amount equal to five per cent of intangible income	10261
deducted under division (A)(1)(a) of this section, but excluding	10262
that portion of intangible income directly related to the sale,	10263
exchange, or other disposition of property described in section	10264
1221 of the Internal Revenue Code;	10265

(c) Add any losses allowed as a deduction in the computation	10266
of federal taxable income if the losses directly relate to the	10267
sale, exchange, or other disposition of an asset described in	10268
section 1221 or 1231 of the Internal Revenue Code;	10269

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	10270
section, deduct income and gain included in federal taxable income	10271
to the extent the income and gain directly relate to the sale,	10272
exchange, or other disposition of an asset described in section	10273
1221 or 1231 of the Internal Revenue Code;	10274

(ii) Division (A)(1)(d)(i) of this section does not apply to	10275
the extent the income or gain is income or gain described in	10276
section 1245 or 1250 of the Internal Revenue Code.	10277

(e) Add taxes on or measured by net income allowed as a	10278
deduction in the computation of federal taxable income;	10279

(f) In the case of a real estate investment trust and	10280
regulated investment company, add all amounts with respect to	10281
dividends to, distributions to, or amounts set aside for or	10282
credited to the benefit of investors and allowed as a deduction in	10283
the computation of federal taxable income;	10284

(g) If the taxpayer is not a C corporation and is not an	10285
individual, the taxpayer shall compute adjusted federal taxable	10286
income as if the taxpayer were a C corporation, except:	10287

(i) Guaranteed payments and other similar amounts paid or	10288
accrued to a partner, former partner, member, or former member	10289
shall not be allowed as a deductible expense; and	10290

(ii) Amounts paid or accrued to a qualified self-employed	10291
retirement plan with respect to an owner or owner-employee of the	10292
taxpayer, amounts paid or accrued to or for health insurance for	10293
an owner or owner-employee, and amounts paid or accrued to or for	10294
life insurance for an owner or owner-employee shall not be allowed	10295
as a deduction.	10296

Nothing in division (A)(1) of this section shall be construed	10297
as allowing the taxpayer to add or deduct any amount more than	10298
once or shall be construed as allowing any taxpayer to deduct any	10299
amount paid to or accrued for purposes of federal self-employment	10300
tax.	10301

Nothing in this chapter shall be construed as limiting or	10302
removing the ability of any municipal corporation to administer,	10303
audit, and enforce the provisions of its municipal income tax.	10304

(2) "Internal Revenue Code" means the Internal Revenue Code	10305
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	10306

(3) "Schedule C" means internal revenue service schedule C	10307
filed by a taxpayer pursuant to the Internal Revenue Code.	10308

(4) "Form 2106" means internal revenue service form 2106	10309
filed by a taxpayer pursuant to the Internal Revenue Code.	10310

(5) "Intangible income" means income of any of the following	10311
types: income yield, interest, capital gains, dividends, or other	10312
income arising from the ownership, sale, exchange, or other	10313
disposition of intangible property including, but not limited to,	10314
investments, deposits, money, or credits as those terms are	10315
defined in Chapter 5701. of the Revised Code, and patents,	10316
copyrights, trademarks, tradenames, investments in real estate	10317
investment trusts, investments in regulated investment companies,	10318
and appreciation on deferred compensation. "Intangible income"	10319
does not include prizes, awards, or other income associated with	10320
any lottery winnings or other similar games of chance.	10321

(6) "S corporation" means a corporation that has made an	10322
election under subchapter S of Chapter 1 of Subtitle A of the	10323
Internal Revenue Code for its taxable year.	10324

(7) For taxable years beginning on or after January 1, 2004,	10325
"net profit" for a taxpayer other than an individual means	10326
adjusted federal taxable income and "net profit" for a taxpayer	10327
who is an individual means the individual's profit, other than	10328
amounts described in division (F) of this section, required to be	10329
reported on schedule C, schedule E, or schedule F.	10330

(8) "Taxpayer" means a person subject to a tax on income	10331
levied by a municipal corporation. Except as provided in division	10332
(J) of this section, "taxpayer" does not include any person that	10333
is a disregarded entity or a qualifying subchapter S subsidiary	10334
for federal income tax purposes, but "taxpayer" includes any other	10335
person who owns the disregarded entity or qualifying subchapter S	10336
subsidiary.	10337

(9) "Taxable year" means the corresponding tax reporting	10338
period as prescribed for the taxpayer under the Internal Revenue	10339
Code.	10340

(10) "Tax administrator" means the individual charged with	10341
direct responsibility for administration of a tax on income levied	10342
by a municipal corporation and includes:	10343

(a) The central collection agency and the regional income tax	10344
agency and their successors in interest, and other entities	10345
organized to perform functions similar to those performed by the	10346
central collection agency and the regional income tax agency;	10347

(b) A municipal corporation acting as the agent of another	10348
municipal corporation; and	10349

(c) Persons retained by a municipal corporation to administer	10350
a tax levied by the municipal corporation, but only if the	10351
municipal corporation does not compensate the person in whole or	10352
in part on a contingency basis.	10353

(11) "Person" includes individuals, firms, companies,	10354
business trusts, estates, trusts, partnerships, limited liability	10355
companies, associations, corporations, governmental entities, and	10356
any other entity.	10357

(12) "Schedule E" means internal revenue service schedule E	10358
filed by a taxpayer pursuant to the Internal Revenue Code.	10359

(13) "Schedule F" means internal revenue service schedule F	10360
filed by a taxpayer pursuant to the Internal Revenue Code.	10361

(B) No municipal corporation shall tax income at other than	10362
a uniform rate.	10363

(C) No municipal corporation shall levy a tax on income at a	10364
rate in excess of one per cent without having obtained the	10365
approval of the excess by a majority of the electors of the	10366
municipality voting on the question at a general, primary, or	10367
special election. The legislative authority of the municipal	10368
corporation shall file with the board of elections at least	10369
seventy-five days before the day of the election a copy of the	10370
ordinance together with a resolution specifying the date the	10371
election is to be held and directing the board of elections to	10372
conduct the election. The ballot shall be in the following form:	10373
"Shall the Ordinance providing for a ... per cent levy on income	10374
for (Brief description of the purpose of the proposed levy) be	10375
passed?	10376

10377

		FOR THE INCOME TAX			10378
		AGAINST THE INCOME TAX	"		10379

10380

In the event of an affirmative vote, the proceeds of the levy	10381
may be used only for the specified purpose.	10382

(D)(1) Except as provided in division (E) or (F) of this	10383
section, no municipal corporation shall exempt from a tax on	10384
income compensation for personal services of individuals over	10385
eighteen years of age or the net profit from a business or	10386
profession.	10387

(2)(a) For taxable years beginning on or after January 1,	10388
2004, no municipal corporation shall tax the net profit from a	10389
business or profession using any base other than the taxpayer's	10390
adjusted federal taxable income.	10391

(b) Division (D)(2)(a) of this section does not apply to any	10392
taxpayer required to file a return under section 5745.03 of the	10393
Revised Code or to the net profit from a sole proprietorship.	10394

(E) The legislative authority of a municipal corporation may,	10395
by ordinance or resolution, exempt from withholding and from a tax	10396
on income the following:	10397

(1) Compensation arising from the sale, exchange, or other	10398
disposition of a stock option, the exercise of a stock option, or	10399
the sale, exchange, or other disposition of stock purchased under	10400
a stock option; or	10401

(2) Compensation attributable to a nonqualified deferred	10402
compensation plan or program described in section 3121(v)(2)(C) of	10403
the Internal Revenue Code.	10404

If an individual's taxable income includes income against	10405
which the taxpayer has taken a deduction for federal income tax	10406
purposes as reportable on the taxpayer's form 2106, and against	10407
which a like deduction has not been allowed by the municipal	10408
corporation, the municipal corporation shall deduct from the	10409
taxpayer's taxable income an amount equal to the deduction shown	10410
on such form allowable against such income, to the extent not	10411
otherwise so allowed as a deduction by the municipal corporation.	10412

In the case of a taxpayer who has a net profit from a	10413
business or profession that is operated as a sole proprietorship,	10414
no municipal corporation may tax or use as the base for	10415
determining the amount of the net profit that shall be considered	10416
as having a taxable situs in the municipal corporation, an amount	10417
other than the net profit required to be reported by the taxpayer	10418
on schedule C or F from such sole proprietorship for the taxable	10419
year.	10420

In the case of a taxpayer who has a net profit from rental	10421
activity required to be reported on schedule E, no municipal	10422
corporation may tax or use as the base for determining the amount	10423
of the net profit that shall be considered as having a taxable	10424
situs in the municipal corporation, an amount other than the net	10425
profit from rental activities required to be reported by the	10426
taxpayer on schedule E for the taxable year.	10427

(F) A municipal corporation shall not tax any of the	10428
following:	10429

(1) The military pay or allowances of members of the armed	10430
forces of the United States and of members of their reserve	10431
components, including the Ohio national guard;	10432

(2) The income of religious, fraternal, charitable,	10433
scientific, literary, or educational institutions to the extent	10434
that such income is derived from tax-exempt real estate,	10435
tax-exempt tangible or intangible property, or tax-exempt	10436
activities;	10437

(3) Except as otherwise provided in division (G) of this	10438
section, intangible income;	10439

(4) Compensation paid under section 3501.28 or 3501.36 of the	10440
Revised Code to a person serving as a precinct election official,	10441
to the extent that such compensation does not exceed one thousand	10442
dollars annually. Such compensation in excess of one thousand	10443
dollars may be subjected to taxation by a municipal corporation. A	10444
municipal corporation shall not require the payer of such	10445
compensation to withhold any tax from that compensation.	10446

(5) Compensation paid to an employee of a transit authority,	10447
regional transit authority, or regional transit commission created	10448
under Chapter 306. of the Revised Code for operating a transit bus	10449
or other motor vehicle for the authority or commission in or	10450
through the municipal corporation, unless the bus or vehicle is	10451
operated on a regularly scheduled route, the operator is subject	10452
to such a tax by reason of residence or domicile in the municipal	10453
corporation, or the headquarters of the authority or commission is	10454
located within the municipal corporation;	10455

(6) The income of a public utility, when that public utility	10456
is subject to the tax levied under section 5727.24 or 5727.30 of	10457
the Revised Code, except a municipal corporation may tax the	10458
following, subject to Chapter 5745. of the Revised Code:	10459

(a) Beginning January 1, 2002, the income of an electric	10460
company or combined company;	10461

(b) Beginning January 1, 2004, the income of a telephone	10462
company.	10463

As used in division (F)(6) of this section, "combined	10464
company," "electric company," and "telephone company" have the	10465
same meanings as in section 5727.01 of the Revised Code.	10466

(7) On and after January 1, 2003, items excluded from federal	10467
gross income pursuant to section 107 of the Internal Revenue Code;	10468

(8) On and after January 1, 2001, compensation paid to a	10469
nonresident individual to the extent prohibited under section	10470
718.011 of the Revised Code;	10471

(9)(a) Except as provided in division (F)(9)(b) and (c) of	10472
this section, an S corporation shareholder's distributive share of	10473
net profits of the S corporation, other than any part of the	10474
distributive share of net profits that represents wages as defined	10475
in section 3121(a) of the Internal Revenue Code or net earnings	10476
from self-employment as defined in section 1402(a) of the Internal	10477
Revenue Code.	10478

(b) If, pursuant to division (H) of former section 718.01 of	10479
the Revised Code as it existed before March 11,2004, a majority of	10480
the electors of a municipal corporation voted in favor of the	10481
question at an election held on November 4, 2003, the municipal	10482
corporation may continue after 2002 to tax an S corporation	10483
shareholder's distributive share of net profits of an S	10484
corporation.	10485

(c) If, on December 6, 2002, a municipal corporation was	10486
imposing, assessing, and collecting a tax on an S corporation	10487
shareholder's distributive share of net profits of the S	10488
corporation to the extent the distributive share would be	10489
allocated or apportioned to this state under divisions (B)(1) and	10490
(2) of section 5733.05 of the Revised Code if the S corporation	10491
were a corporation subject to taxes imposed under Chapter 5733. of	10492
the Revised Code, the municipal corporation may continue to impose	10493
the tax on such distributive shares to the extent such shares	10494
would be so allocated or apportioned to this state only until	10495
December 31, 2004, unless a majority of the electors of the	10496
municipal corporation voting on the question of continuing to tax	10497
such shares after that date vote in favor of that question at an	10498
election held November 2, 2004. If a majority of those electors	10499
vote in favor of the question, the municipal corporation may	10500
continue after December 31, 2004, to impose the tax on such	10501
distributive shares only to the extent such shares would be so	10502
allocated or apportioned to this state.	10503

(d) For the purposes of division (D) of section 718.14 of the	10504
Revised Code, a municipal corporation shall be deemed to have	10505
elected to tax S corporation shareholders' distributive shares of	10506
net profits of the S corporation in the hands of the shareholders	10507
if a majority of the electors of a municipal corporation vote in	10508
favor of a question at an election held under division (F)(9)(b)	10509
or (c) of this section. The municipal corporation shall specify by	10510
ordinance or rule that the tax applies to the distributive share	10511
of a shareholder of an S corporation in the hands of the	10512
shareholder of the S corporation.	10513

(10) Employee compensation that is not "qualifying wages" as	10514
defined in section 718.03 of the Revised Code;	10515

(11) Beginning August 1, 2007, compensation paid to a person	10516
employed within the boundaries of a United States air force base	10517
under the jurisdiction of the United States air force that is	10518
used for the housing of members of the United States air force and	10519
is a center for air force operations, unless the person is	10520
subject to taxation because of residence or domicile. If the	10521
compensation is subject to taxation because of residence or	10522
domicile, municipal income tax shall be payable only to the	10523
municipal corporation of residence or domicile.	10524

(G) Any municipal corporation that taxes any type of	10525
intangible income on March 29, 1988, pursuant to Section 3 of	10526
Amended Substitute Senate Bill No. 238 of the 116th general	10527
assembly, may continue to tax that type of income after 1988 if a	10528
majority of the electors of the municipal corporation voting on	10529
the question of whether to permit the taxation of that type of	10530
intangible income after 1988 vote in favor thereof at an election	10531
held on November 8, 1988.	10532

(H) Nothing in this section or section 718.02 of the Revised	10533
Code shall authorize the levy of any tax on income that a	10534
municipal corporation is not authorized to levy under existing	10535
laws or shall require a municipal corporation to allow a deduction	10536
from taxable income for losses incurred from a sole proprietorship	10537
or partnership.	10538

(I)(1) Nothing in this chapter prohibits a municipal	10539
corporation from allowing, by resolution or ordinance, a net	10540
operating loss carryforward.	10541

(2) Nothing in this chapter requires a municipal corporation	10542
to allow a net operating loss carryforward.	10543

(J)(1) A single member limited liability company that is a	10544
disregarded entity for federal tax purposes may elect to be a	10545
separate taxpayer from its single member in all Ohio municipal	10546
corporations in which it either filed as a separate taxpayer or	10547
did not file for its taxable year ending in 2003, if all of the	10548
following conditions are met:	10549

(a) The limited liability company's single member is also a	10550
limited liability company;	10551

(b) The limited liability company and its single member were	10552
formed and doing business in one or more Ohio municipal	10553
corporations for at least five years before January 1, 2004;	10554

(c) Not later than December 31, 2004, the limited liability	10555
company and its single member each make an election to be treated	10556
as a separate taxpayer under division (J) of this section;	10557

(d) The limited liability company was not formed for the	10558
purpose of evading or reducing Ohio municipal corporation income	10559
tax liability of the limited liability company or its single	10560
member;	10561

(e) The Ohio municipal corporation that is the primary place	10562
of business of the sole member of the limited liability company	10563
consents to the election.	10564

(2) For purposes of division (J)(1)(e) of this section, a	10565
municipal corporation is the primary place of business of a	10566
limited liability company if, for the limited liability company's	10567
taxable year ending in 2003, its income tax liability is greater	10568
in that municipal corporation than in any other municipal	10569
corporation in Ohio, and that tax liability to that municipal	10570
corporation for its taxable year ending in 2003 is at least four	10571
hundred thousand dollars.	10572

Sec. 718.03. (A) As used in this section:

10573

(1) "Other payer" means any person, other than an	10574
individual's employer or the employer's agent, that pays an	10575
individual any amount included in the federal gross income of the	10576
individual.	10577

(2) "Qualifying wages" means wages, as defined in section	10578
3121(a) of the Internal Revenue Code, without regard to any wage	10579
limitations, adjusted as follows:	10580

(a) Deduct ~~any~~the following amounts:

10581

(i) Any amount included in wages if the amount constitutes	10582
compensation attributable to a plan or program described in	10583
section 125 of the Internal Revenue Code;	10584

(ii) For purposes of division (B) of this section, any amount	10585
included in wages if the amount constitutes payment on account of	10586
sickness or accident disability.	10587

(b) Add the following amounts:

10588

(i) Any amount not included in wages solely because the	10589
employee was employed by the employer prior to April 1, 1986;	10590

(ii) Any amount not included in wages because the amount	10591
arises from the sale, exchange, or other disposition of a stock	10592
option, the exercise of a stock option, or the sale, exchange, or	10593
other disposition of stock purchased under a stock option and the	10594
municipal corporation has not, by resolution or ordinance,	10595
exempted the amount from withholding and tax. Division	10596
(A)(2)(b)(ii) of this section applies only to those amounts	10597
constituting ordinary income.	10598

(iii) Any amount not included in wages if the amount is an	10599
amount described in section 401(k) or 457 of the Internal Revenue	10600
Code. Division (A)(2)(b)(iii) of this section applies only to	10601
employee contributions and employee deferrals.	10602

(iv) Any amount that is supplemental unemployment	10603
compensation benefits described in section 3402(o)(2) of the	10604
Internal Revenue Code and not included in wages.	10605

(c) Deduct any amount attributable to a nonqualified deferred	10606
compensation plan or program described in section 3121(v)(2)(C) of	10607
the Internal Revenue Code if the compensation is included in wages	10608
and has, by resolution or ordinance, been exempted from taxation	10609
by the municipal corporation.	10610

(d) Deduct any amount included in wages if the amount arises	10611
from the sale, exchange, or other disposition of a stock option,	10612
the exercise of a stock option, or the sale, exchange, or other	10613
disposition of stock purchased under a stock option and the	10614
municipal corporation has, by resolution or ordinance, exempted	10615
the amount from withholding and tax.	10616

(B) For taxable years beginning after 2003, no municipal	10617
corporation shall require any employer or any agent of any	10618
employer or any other payer, to withhold tax with respect to any	10619
amount other than qualifying wages. Nothing in this section	10620
prohibits an employer from withholding tax on a basis greater than	10621
qualifying wages.	10622

(C) An employer is not required to make any withholding with	10623
respect to an individual's disqualifying disposition of an	10624
incentive stock option if, at the time of the disqualifying	10625
disposition, the individual is not an employee of the corporation	10626
with respect to whose stock the option has been issued.	10627

(D)(1) An employee is not relieved from liability for a tax	10628
by the failure of the employer to withhold the tax as required by	10629
a municipal corporation or by the employer's exemption from the	10630
requirement to withhold the tax.	10631

(2) The failure of an employer to remit to the municipal	10632
corporation the tax withheld relieves the employee from liability	10633
for that tax unless the employee colluded with the employer in	10634
connection with the failure to remit the tax withheld.	10635

(E) Compensation deferred before ~~the effective date of this~~	10636
~~amendment~~June 26, 2003, is not subject to any municipal	10637
corporation income tax or municipal income tax withholding	10638
requirement to the extent the deferred compensation does not	10639
constitute qualifying wages at the time the deferred compensation	10640
is paid or distributed.	10641

Sec. 718.13. (A) Any information gained as a result of	10642
returns, investigations, hearings, or verifications required or	10643
authorized by this chapter or by a charter or ordinance of a	10644
municipal corporation levying an income tax pursuant to this	10645
chapter is confidential, and no person shall disclose such	10646
information except in accordance with a proper judicial order or	10647
in connection with the performance of that person's official	10648
duties or the official business of the municipal corporation as	10649
authorized by this chapter or the charter or ordinance authorizing	10650
the levy. The tax administrator of the municipal corporation may	10651
furnish copies of returns filed under this chapter to the internal	10652
revenue service and to the tax commissioner.	10653

(B) This section does not prohibit the legislative authority	10654
of a municipal corporation, by ordinance or resolution, from	10655
authorizing the tax administrator to publish statistics in a form	10656
that does not disclose information with respect to particular	10657
taxpayers.	10658

Sec. 901.171. The department of agriculture may promote the	10659
use of Ohio-produced agricultural goods, including natural spring	10660
water, through the issuance of logotypes to qualified producers	10661
and processors under a promotional certification program to be	10662
developed and administered by the division of markets.	10663

Pursuant to rules adopted under Chapter 119. of the Revised	10664
Code, the department may establish reasonable fees and criteria	10665
for participation in the program. All such fees shall be credited	10666
to the general revenue fund and used to finance the program.	10667

Sec. 901.261. The director of agriculture, in conducting	10668
investigations, inquiries, or hearings, may assess the party to an	10669
action that is brought before the department of agriculture	10670
pursuant to Chapter 119. of the Revised Code the actual costs	10671
incurred by the department for depositions, investigations,	10672
issuance and service of subpoenas, witness fees, employment of a	10673
stenographer and hearing officer, and the production of books,	10674
accounts, papers, records, documents, and testimony if the	10675
applicable hearing officer determines that the party to the action	10676
has failed to comply with any chapter of the Revised Code or any	10677
rule adopted under any of those chapters that is administered by	10678
the director or if the hearing officer determines that the action	10679
was frivolous conduct by the party. Assessment of costs under this	10680
section may be appealed to a court of competent jurisdiction.	10681

Nothing in this section shall be construed to apply to	10682
investigations, inquiries, or hearings conducted under Chapter	10683
4741. of the Revised Code.	10684

Sec. 1503.05. (A) The chief of the division of forestry may	10685
sell timber and other forest products from the state forest and	10686
state forest nurseries whenever the chief considers such a sale	10687
desirable and, with the approval of the attorney general and the	10688
director of natural resources, may sell portions of the state	10689
forest lands when such a sale is advantageous to the state.	10690

(B) Except as otherwise provided in this section, a timber	10691
sale agreement shall not be executed unless the person or	10692
governmental entity bidding on the sale executes and files a	10693
surety bond conditioned on completion of the timber sale in	10694
accordance with the terms of the agreement in an amount equal to	10695
twenty-five per cent of the highest value cutting section. All	10696
bonds shall be given in a form prescribed by the chief and shall	10697
run to the state as obligee.	10698

The chief shall not approve any bond until it is personally	10699
signed and acknowledged by both principal and surety, or as to	10700
either by the attorney in fact thereof, with a certified copy of	10701
the power of attorney attached. The chief shall not approve the	10702
bond unless there is attached a certificate of the superintendent	10703
of insurance that the company is authorized to transact a fidelity	10704
and surety business in this state.	10705

In lieu of a bond, the bidder may deposit any of the	10706
following:	10707

(1) Cash in an amount equal to the amount of the bond;

10708

(2) United States government securities having a par value	10709
equal to or greater than the amount of the bond;	10710

(3) Negotiable certificates of deposit or irrevocable letters	10711
of credit issued by any bank organized or transacting business in	10712
this state having a par value equal to or greater than the amount	10713
of the bond.	10714

The cash or securities shall be deposited on the same terms	10715
as bonds. If one or more certificates of deposit are deposited in	10716
lieu of a bond, the chief shall require the bank that issued any	10717
of the certificates to pledge securities of the aggregate market	10718
value equal to the amount of the certificate or certificates that	10719
is in excess of the amount insured by the federal deposit	10720
insurance corporation. The securities to be pledged shall be those	10721
designated as eligible under section 135.18 of the Revised Code.	10722
The securities shall be security for the repayment of the	10723
certificate or certificates of deposit.	10724

Immediately upon a deposit of cash, securities, certificates	10725
of deposit, or letters of credit, the chief shall deliver them to	10726
the treasurer of state, who shall hold them in trust for the	10727
purposes for which they have been deposited. The treasurer of	10728
state is responsible for the safekeeping of the deposits. A bidder	10729
making a deposit of cash, securities, certificates of deposit, or	10730
letters of credit may withdraw and receive from the treasurer of	10731
state, on the written order of the chief, all or any portion of	10732
the cash, securities, certificates of deposit, or letters of	10733
credit upon depositing with the treasurer of state cash, other	10734
United States government securities, or other negotiable	10735
certificates of deposit or irrevocable letters of credit issued by	10736
any bank organized or transacting business in this state, equal in	10737
par value to the par value of the cash, securities, certificates	10738
of deposit, or letters of credit withdrawn.	10739

A bidder may demand and receive from the treasurer of state	10740
all interest or other income from any such securities or	10741
certificates as it becomes due. If securities so deposited with	10742
and in the possession of the treasurer of state mature or are	10743
called for payment by their issuer, the treasurer of state, at the	10744
request of the bidder who deposited them, shall convert the	10745
proceeds of the redemption or payment of the securities into other	10746
United States government securities, negotiable certificates of	10747
deposit, or cash as the bidder designates.	10748

When the chief finds that a person or governmental agency has	10749
failed to comply with the conditions of the person's or	10750
governmental agency's bond, the chief shall make a finding of that	10751
fact and declare the bond, cash, securities, certificates, or	10752
letters of credit forfeited. The chief thereupon shall certify the	10753
total forfeiture to the attorney general, who shall proceed to	10754
collect the amount of the bond, cash, securities, certificates, or	10755
letters of credit.	10756

In lieu of total forfeiture, the surety, at its option, may	10757
cause the timber sale to be completed or pay to the treasurer of	10758
state the cost thereof.	10759

All moneys collected as a result of forfeitures of bonds,	10760
cash, securities, certificates, and letters of credit under this	10761
section shall be credited to the state forest fund created in this	10762
section.	10763

(C) The chief may grant easements and leases on portions of	10764
the state forest lands and state forest nurseries under terms that	10765
are advantageous to the state, and the chief may grant mineral	10766
rights on a royalty basis on those lands and nurseries, with the	10767
approval of the attorney general and the director.	10768

(D) All moneys received from the sale of state forest lands,	10769
or in payment for easements or leases on or as rents from those	10770
lands or from state forest nurseries, shall be paid into the state	10771
treasury to the credit of the state forest fund, which is hereby	10772
created. In addition, all moneys received from federal grants,	10773
payments, and reimbursements, from the sale of reforestation tree	10774
stock, from the sale of forest products, other than standing	10775
timber, and from the sale of minerals taken from the state forest	10776
lands and state forest nurseries, together with royalties from	10777
mineral rights, shall be paid into the state treasury to the	10778
credit of the state forest fund. Any other revenues derived from	10779
the operation of the state forests and related facilities or	10780
equipment also shall be paid into the state treasury to the credit	10781
of the state forest fund, as shall contributions received for the	10782
issuance of Smokey Bear license plates under section 4503.574 of	10783
the Revised Code and any other moneys required by law to be	10784
deposited in the fund.	10785

The state forest fund shall not be expended for any purpose	10786
other than the administration, operation, maintenance,	10787
development, or utilization of the state forests, forest	10788
nurseries, and forest programs, for facilities or equipment	10789
incident to them, or for the further purchase of lands for state	10790
forest or forest nursery purposes and, in the case of	10791
contributions received pursuant to section 4503.574 of the Revised	10792
Code, for fire prevention purposes.	10793

All moneys received from the sale of standing timber taken	10794
from state forest lands and state forest nurseries shall be	10795
deposited into the state treasury to the credit of the forestry	10796
holding account redistribution fund, which is hereby created. The	10797
moneys shall remain in the fund until they are redistributed in	10798
accordance with this division.	10799

The redistribution shall occur at least once each year. To	10800
begin the redistribution, the chief first shall determine the	10801
amount of all standing timber sold from state forest lands and	10802
state forest nurseries, together with the amount of the total sale	10803
proceeds, in each county, in each township within the county, and	10804
in each school district within the county. The chief next shall	10805
determine the amount of the direct costs that the division of	10806
forestry incurred in association with the sale of that standing	10807
timber. The amount of the direct costs shall be subtracted from	10808
the amount of the total sale proceeds and shall be transferred	10809
from the forestry holding account redistribution fund to the state	10810
forest fund.	10811

The remaining amount of the total sale proceeds equals the	10812
net value of the standing timber that was sold. The chief shall	10813
determine the net value of standing timber sold from state forest	10814
lands and state forest nurseries in each county, in each township	10815
within the county, and in each school district within the county	10816
and shall send to each county treasurer a copy of the	10817
determination at the time that moneys are paid to the county	10818
treasurer under this division.	10819

Twenty-five per cent of the net value of standing timber sold	10820
from state forest lands and state forest nurseries located in a	10821
county shall be transferred from the forestry holding account	10822
redistribution fund to the state forest fund. Ten per cent of that	10823
net value shall be transferred from the forestry holding account	10824
redistribution fund to the general revenue fund. The remaining	10825
sixty-five per cent of the net value shall be transferred from the	10826
forestry holding account redistribution fund and paid to the	10827
county treasurer for the use of the general fund of that county.	10828

The county auditor shall do all of the following:

10829

(1) Retain for the use of the general fund of the county	10830
one-fourth of the amount received by the county under division (D)	10831
of this section;	10832

(2) Pay into the general fund of any township located within	10833
the county and containing such lands and nurseries one-fourth of	10834
the amount received by the county from standing timber sold from	10835
lands and nurseries located in the township;	10836

(3) Request the board of education of any school district	10837
located within the county and containing such lands and nurseries	10838
to identify which fund or funds of the district should receive the	10839
moneys available to the school district under division (D)(3) of	10840
this section. After receiving notice from the board, the county	10841
auditor shall pay into the fund or funds so identified one-half of	10842
the amount received by the county from standing timber sold from	10843
lands and nurseries located in the school district, distributed	10844
proportionately as identified by the board.	10845

The division of forestry shall not supply logs, lumber, or	10846
other forest products or minerals, taken from the state forest	10847
lands or state forest nurseries, to any other agency or	10848
subdivision of the state unless payment is made therefor in the	10849
amount of the actual prevailing value thereof. This section is	10850
applicable to the moneys so received.	10851

Sec. 1504.02. (A) The division of real estate and land	10852
management shall do all of the following:	10853

(1) Except as otherwise provided in the Revised Code,	10854
coordinate and conduct all real estate functions for the	10855
department of natural resources, including at least acquisitions	10856
by purchase, lease, gift, devise, bequest, appropriation, or	10857
otherwise; grants through sales, leases, exchanges, easements, and	10858
licenses; inventories of land; and other related general	10859
management duties;	10860

(2) Assist the department and its divisions by providing	10861
department-wide planning, including at least master planning,	10862
comprehensive planning, capital improvements planning, and special	10863
purpose planning such as trails coordination and planning under	10864
section 1519.03 of the Revised Code;	10865

(3) ~~On behalf of the director of natural resources,~~	10866
~~administer the coastal management program established under~~	10867
~~sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised~~	10868
~~Code and consult with and provide coordination among state~~	10869
~~agencies, political subdivisions, the United States and agencies~~	10870
~~of it, and interstate, regional, and areawide agencies to assist~~	10871
~~the director in executing the director's duties and~~	10872
~~responsibilities under that program and to assist the department~~	10873
~~as the lead agency for the development and implementation of the~~	10874
~~program;~~	10875

~~(4) On behalf of the director, administer sections 1506.10~~	10876
~~and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;~~	10877

~~(5)~~ Cooperate with the United States and agencies of it and	10878
with political subdivisions in administering federal recreation	10879
moneys under the "Land and Water Conservation Fund Act of 1965,"	10880
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and	10881
distribute the statewide comprehensive outdoor recreation plan;	10882
and administer the state recreational vehicle fund created in	10883
section 4519.11 of the Revised Code;	10884

~~(6)~~(4)(a) Support the geographic information system needs for	10885
the department as requested by the director, which shall include,	10886
but not be limited to, all of the following:	10887

(i) Assisting in the training and education of department	10888
resource managers, administrators, and other staff in the	10889
application and use of geographic information system technology;	10890

(ii) Providing technical support to the department in the	10891
design, preparation of data, and use of appropriate geographic	10892
information system applications in order to help solve resource	10893
related problems and to improve the effectiveness and efficiency	10894
of department delivered services;	10895

(iii) Creating, maintaining, and documenting spatial digital	10896
data bases for the division and for other divisions as assigned by	10897
the director.	10898

(b) Provide information to and otherwise assist government	10899
officials, planners, and resource managers in understanding land	10900
use planning and resource management;	10901

(c) Provide continuing assistance to local government	10902
officials and others in natural resource digital data base	10903
development and in applying and utilizing the geographic	10904
information system for land use planning, current agricultural use	10905
value assessment, development reviews, coastal management, and	10906
other resource management activities;	10907

(d) Coordinate and administer the remote sensing needs of the	10908
department, including the collection and analysis of aerial	10909
photography, satellite data, and other data pertaining to land,	10910
water, and other resources of the state;	10911

(e) Prepare and publish maps and digital data relating to the	10912
state's land use and land cover over time on a local, regional,	10913
and statewide basis;	10914

(f) Locate and distribute hard copy maps, digital data,	10915
aerial photography, and other resource data and information to	10916
government agencies and the public.	10917

~~(7)~~(5) Prepare special studies and execute any other duties,	10918
functions, and responsibilities requested by the director.	10919

(B) The division may do any of the following:

10920

(1) Coordinate such environmental matters concerning the	10921
department and the state as are necessary to comply with the	10922
"National Environmental Policy Act of 1969," 83 Stat. 852, 42	10923
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act	10924
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water	10925
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as	10926
amended, and regulations adopted under those acts;	10927

(2) With the approval of the director, coordinate and	10928
administer compensatory mitigation grant programs and other	10929
programs for streams and wetlands as approved in accordance with	10930
certifications and permits issued under sections 401 and 404 of	10931
the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33	10932
U.S.C.A. 1251, as amended, by the environmental protection agency	10933
and the United States army corps of engineers;	10934

(3) Administer any state or federally funded grant program	10935
that is related to natural resources and recreation as considered	10936
necessary by the director.	10937

Sec. 1506.01. As used in this chapter:

10938

(A) "Coastal area" means the waters of Lake Erie, the islands	10939
in the lake, and the lands under and adjacent to the lake,	10940
including transitional areas, wetlands, and beaches. The coastal	10941
area extends in Lake Erie to the international boundary line	10942
between the United States and Canada and landward only to the	10943
extent necessary to include shorelands, the uses of which have a	10944
direct and significant impact on coastal waters as determined by	10945
the director of natural resources.	10946

(B) "Coastal management program" means the comprehensive	10947
action of the state and its political subdivisions cooperatively	10948
to preserve, protect, develop, restore, or enhance the resources	10949
of the coastal area and to ensure wise use of the land and water	10950
resources of the coastal area, giving attention to natural,	10951
cultural, historic, and aesthetic values; agricultural,	10952
recreational, energy, and economic needs; and the national	10953
interest. "Coastal management program" includes the establishment	10954
of objectives, policies, standards, and criteria concerning,	10955
without limitation, protection of air, water, wildlife, rare and	10956
endangered species, wetlands and natural areas, and other natural	10957
resources in the coastal area; management of coastal development	10958
and redevelopment; preservation and restoration of historic,	10959
cultural, and aesthetic coastal features; and public access to the	10960
coastal area for recreation purposes.	10961

(C) "Coastal management program document" means a	10962
comprehensive statement consisting of, without limitation, text,	10963
maps, and illustrations that is adopted by the director in	10964
accordance with this chapter, describes the objectives, policies,	10965
standards, and criteria of the coastal management program for	10966
guiding public and private uses of lands and waters in the coastal	10967
area, lists the governmental agencies, including, without	10968
limitation, state agencies, involved in implementing the coastal	10969
management program, describes their applicable policies and	10970
programs, and cites the statutes and rules under which they may	10971
adopt and implement those policies and programs.	10972

(D) "Person" means any agency of this state, any political	10973
subdivision of this state or of the United States, and any legal	10974
entity defined as a person under section 1.59 of the Revised Code.	10975

(E) "Director" means the director of natural resources or the	10976
director's designee.	10977

(F) "Permanent structure" means any residential, commercial,	10978
industrial, institutional, or agricultural building, any mobile	10979
home as defined in division (O) of section 4501.01 of the Revised	10980
Code, any manufactured home as defined in division (C)(4) of	10981
section 3781.06 of the Revised Code, and any septic system that	10982
receives sewage from a single-family, two-family, or three-family	10983
dwelling, but does not include any recreational vehicle as defined	10984
in section 4501.01 of the Revised Code.	10985

(G) "State agency" or "agency of the state" has the same	10986
meaning as "agency" as defined in section 111.15 of the Revised	10987
Code.	10988

(H) "Coastal flood hazard area" means any territory within	10989
the coastal area that has been identified as a flood hazard area	10990
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	10991
42 U.S.C.A. 4002, as amended.	10992

(I) "Coastal erosion area" means any territory included in	10993
Lake Erie coastal erosion areas identified by the director under	10994
section 1506.06 of the Revised Code.	10995

(J) "Conservancy district" means a conservancy district that	10996
is established under Chapter 6101. of the Revised Code.	10997

(K) "Park board" means the board of park commissioners of a	10998
park district that is created under Chapter 1545. of the Revised	10999
Code.	11000

(L) "Erosion control structure" means a structure that is	11001
designed solely and specifically to reduce or control erosion of	11002
the shore along or near Lake Erie, including, without limitation,	11003
revetments, seawalls, bulkheads, certain breakwaters, and similar	11004
structures.	11005

(M) "Shore structure" includes, but is not limited to,	11006
beaches; groins; revetments; bulkheads; seawalls; breakwaters;	11007
certain dikes designated by the chief of the division of water;	11008
piers; docks; jetties; wharves; marinas; boat ramps; any	11009
associated fill or debris used as part of the construction of	11010
shore structures that may affect shore erosion, wave action, or	11011
inundation; and fill or debris that is placed along or near the	11012
shore, including bluffs, banks, or beach ridges, for the purpose	11013
of stabilizing slopes.	11014

~~Sec. 1521.20.~~ Sec. 1506.38. The ~~chief~~director of ~~the division of~~	11015
~~water~~natural resources shall act as the erosion agent of the	11016
state for the purpose of cooperating with the secretary of the	11017
army, acting through the chief of engineers of the United States	11018
army corps of engineers in the department of defense. The ~~chief~~	11019
director shall cooperate with the secretary in carrying out, and	11020
may conduct, investigations and studies of conditions along the	11021
shorelines of Lake Erie and of the bays and projections therefrom,	11022
and of the islands therein, within the territorial waters of the	11023
state, with a view to devising and perfecting economical and	11024
effective methods and works for preventing, correcting, and	11025
controlling shore erosion and damage therefrom and controlling the	11026
inundation of improved property by the waters of Lake Erie, its	11027
bays, and associated inlets.	11028

~~Sec. 1521.21.~~ Sec. 1506.39. The ~~chief~~director of ~~the division of~~	11029
~~water~~natural resources, in the discharge of the ~~chief's~~	11030
director's duties under sections ~~1507.20~~1506.38 to ~~1507.30~~	11031
1506.48 of the Revised Code, may call to the ~~chief's~~director's	11032
assistance, temporarily, any engineers or other employees in any	11033
state department, or in the Ohio state university or other	11034
educational institutions financed wholly or in part by the state,	11035
for the purpose of devising the most effective and economical	11036
methods of controlling shore erosion and damage from it and	11037
controlling the inundation of improved property by the waters of	11038
Lake Erie and its bays and associated inlets.	11039

Such engineers and employees shall not receive any additional	11040
compensation over that which they receive from the departments or	11041
institutions by which they are employed, but they shall be	11042
reimbursed for their actual necessary expenses incurred while	11043
working under the direction of the ~~chief~~director on erosion and	11044
inundation projects.	11045

~~Sec. 1521.22.~~ Sec. 1506.40. No person shall construct a beach,	11046
groin, or other structure to control erosion, wave action, or	11047
inundation along or near the Ohio shoreline of Lake Erie,	11048
including related islands, bays, and inlets, without first	11049
obtaining a shore structure permit from the ~~chief of the division~~	11050
director of ~~water. The~~natural resources.	11051

The application for a ~~shore structure~~ permit shall include	11052
detailed plans and specifications prepared by a professional	11053
engineer registered under Chapter 4733. of the Revised Code. An	11054
applicant shall provide appropriate evidence of compliance with	11055
any applicable provisions of this chapter and Chapters 1505. and	11056
~~1506.~~1521. of the Revised Code, as determined by the ~~chief~~	11057
director. A temporary shore structure permit may be issued by the	11058
~~chief or an authorized representative of the chief~~director if it	11059
is determined necessary to safeguard life, health, or property.	11060

Each application or reapplication for a permit under this	11061
section shall be accompanied by a non-refundable fee as the ~~chief~~	11062
director shall prescribe by rule.	11063

If the application is approved, the ~~chief~~director shall	11064
issue a permit to the applicant authorizing construction of the	11065
project. If requested in writing by the applicant within thirty	11066
days of issuance of a notice of disapproval of the application,	11067
the ~~chief~~director shall conduct an adjudication hearing under	11068
Chapter 119. of the Revised Code, except sections 119.12 and	11069
119.121 of the Revised Code. After reviewing the record of the	11070
hearing, the ~~chief~~director shall issue a final order approving	11071
the application, disapproving it, or approving it conditioned on	11072
the making of specified revisions in the plans and specifications.	11073

The ~~chief~~director, by rule, shall limit the period during	11074
which a construction permit issued under this section is valid and	11075
shall establish reapplication requirements governing a	11076
construction permit that expires before construction is completed.	11077

In accordance with Chapter 119. of the Revised Code, the	11078
~~chief~~director shall adopt, and may amend or rescind, such rules	11079
as are necessary for the administration, implementation, and	11080
enforcement of this section.	11081

~~Sec. 1521.23.~~ Sec. 1506.41. All moneys derived from the granting	11082
of permits and leases under section 1505.07 of the Revised Code	11083
for the removal of sand, gravel, stone, gas, oil, and other	11084
minerals and substances from and under the bed of Lake Erie and	11085
from applications for shore structure permits submitted under	11086
section ~~1521.22~~1506.40 of the Revised Code shall be paid into the	11087
state treasury to the credit of the permit and lease fund, which	11088
is hereby created. Notwithstanding any section of the Revised Code	11089
relating to the distribution or crediting of fines for violations	11090
of the Revised Code, all fines imposed under division (A) of	11091
section 1505.99 of the Revised Code and under division (C) of	11092
section ~~1521.99~~1506.99 of the Revised Code shall be paid into	11093
that fund. The fund shall be administered by the department of	11094
natural resources for the protection of Lake Erie shores and	11095
waters; investigation and control of erosion; the planning,	11096
development, and construction of facilities for recreational use	11097
of Lake Erie; implementation of section ~~1521.22~~1506.40 of the	11098
Revised Code; preparation of the state shore erosion plan under	11099
section ~~1521.29~~1506.47 of the Revised Code; and state	11100
administration of Lake Erie coastal erosion areas under sections	11101
1506.06 and 1506.07 of the Revised Code.	11102

~~Sec. 1521.24.~~ Sec. 1506.42. The state, acting through the ~~chief~~	11103
director of ~~the division of water~~natural resources, subject to	11104
section ~~1521.28~~1506.46 of the Revised Code, may enter into	11105
agreements with counties, townships, municipal corporations, park	11106
boards, and conservancy districts, other political subdivisions,	11107
or any state departments or divisions for the purpose of	11108
constructing and maintaining projects to control erosion along the	11109
Ohio shoreline of Lake Erie and in any rivers and bays that are	11110
connected with Lake Erie and any other watercourses that flow into	11111
Lake Erie. Such projects also may be constructed on any Lake Erie	11112
island that is situated within the boundaries of the state.	11113

The cost of such shore erosion projects that are for the	11114
benefit of public littoral property shall be prorated on the basis	11115
of two-thirds of the total cost to the state through	11116
appropriations made to the ~~division~~department of ~~water~~natural	11117
resources and one-third of the cost to the counties, townships,	11118
municipal corporations, park boards, conservancy districts, or	11119
other political subdivisions.	11120

If a shore erosion emergency is declared by the governor, the	11121
state, acting through the ~~chief~~director, may spend whatever state	11122
funds are available to alleviate shore erosion, without	11123
participation by any political subdivision, regardless of whether	11124
the project will benefit public or private littoral property.	11125

A board of county commissioners, acting for the county over	11126
which it has jurisdiction, may enter into and carry out agreements	11127
with the ~~chief~~director for the construction and maintenance of	11128
projects to control shore erosion. In providing the funds for the	11129
county's proportionate share of the cost of constructing and	11130
maintaining the projects referred to in this section, the board	11131
shall be governed by and may issue and refund bonds in accordance	11132
with Chapter 133. of the Revised Code.	11133

A municipal corporation or a township, acting through the	11134
legislative authority or the board of township trustees, may enter	11135
into and carry out agreements with the ~~chief~~director for the	11136
purpose of constructing and maintaining projects to control shore	11137
erosion. In providing the funds for the municipal corporation's or	11138
township's proportionate share of the cost of constructing and	11139
maintaining the projects referred to in this section, a municipal	11140
corporation or township may issue and refund bonds in accordance	11141
with Chapter 133. of the Revised Code. The contract shall be	11142
executed on behalf of the municipal corporation or township by the	11143
mayor, city manager, or other chief executive officer who has the	11144
authority to act for the municipal corporation or township.	11145

Conservancy districts may enter into and carry out agreements	11146
with the ~~chief~~director, in accordance with the intent of this	11147
section, under the powers conferred upon conservancy districts	11148
under Chapter 6101. of the Revised Code.	11149

Park boards may enter into and carry out agreements with the	11150
~~chief~~director, in accordance with the intent of this section, and	11151
issue bonds for that purpose under the powers conferred upon park	11152
districts under Chapter 1545. of the Revised Code.	11153

The ~~chief~~director shall approve and supervise all projects	11154
that are to be constructed in accordance with this section. The	11155
~~chief~~director shall not proceed with the construction of any	11156
project until all funds that are to be paid by the county,	11157
township, municipal corporation, park board, or conservancy	11158
district, in accordance with the terms of the agreement entered	11159
into between the ~~chief~~director and the county, township,	11160
municipal corporation, park board, or conservancy district, are in	11161
the ~~chief's~~director's possession and deposited in the shore	11162
erosion fund, which is hereby created in the state treasury. If	11163
the ~~chief~~director finds it to be in the best interests of the	11164
state to construct projects as set forth in this section by the	11165
state itself, without the financial contribution of counties,	11166
townships, municipal corporations, park boards, or conservancy	11167
districts, the ~~chief~~director may construct the projects.	11168

In deciding whether to assist a county or municipal	11169
corporation in constructing and maintaining a project under this	11170
section, the state, acting through the ~~chief~~director, shall	11171
consider, among other factors, whether the county or municipal	11172
corporation has adopted or is in the process of adopting a Lake	11173
Erie coastal erosion area resolution or ordinance under division	11174
(D) of section 1506.07 of the Revised Code.	11175

All projects constructed by the state in conformity with	11176
sections ~~1521.20~~1506.38 to ~~1521.28~~1506.46 of the Revised Code	11177
shall be constructed subject to sections 153.01 to 153.20 of the	11178
Revised Code, except that the state architect and engineer is not	11179
required to prepare the plans and specifications for those	11180
projects.	11181

~~Sec. 1521.25.~~ Sec. 1506.43. The ~~chief~~director of ~~the division of~~	11182
~~water~~natural resources may enter into a contract with any county,	11183
township, municipal corporation, conservancy district, or park	11184
board that has an agreement with the state in accordance with	11185
section ~~1521.24~~1506.42 of the Revised Code for the construction	11186
of a shore erosion project. No contract shall be let until all	11187
money that is to be paid by the political subdivision entering	11188
into the agreement has been deposited in the shore erosion fund	11189
created in that section ~~1521.24 of the Revised Code, and no~~	11190
~~contract shall be valid until approved by the director of natural~~	11191
~~resources~~.	11192

~~Sec. 1521.26.~~ Sec. 1506.44. (A) A board of county commissioners	11193
may use a loan obtained under division (C) of this section to	11194
provide financial assistance to any person who owns real property	11195
in a coastal erosion area~~, as defined in section 1506.01 of the~~	11196
~~Revised Code,~~ and who has received a permit under section ~~1521.22~~	11197
1506.40 of the Revised Code to construct an erosion control	11198
structure in that coastal erosion area. The board shall enter into	11199
an agreement with the person that complies with all of the	11200
following requirements:	11201

(1) The agreement shall identify the person's real property	11202
for which the erosion control structure is being constructed and	11203
shall include a legal description of that property and a reference	11204
to the volume and page of the deed record in which the title of	11205
that person to that property is recorded.	11206

(2) In accordance with rules adopted by the Ohio water	11207
development authority under division (V) of section 6121.04 of the	11208
Revised Code for the purposes of division (C) of this section and	11209
pursuant to an agreement between the board and the authority under	11210
that division, the board shall agree to cause payments to be made	11211
by the authority to the contractor hired by the person to	11212
construct an erosion control structure in amounts not to exceed	11213
the total amount specified in the agreement between the board and	11214
the person.	11215

(3) The person shall agree to pay to the board, or to the	11216
authority as the assignee pursuant to division (C) of this	11217
section, the total amount of the payments plus administrative or	11218
other costs of the board or the authority at times, in	11219
installments, and bearing interest as specified in the agreement.	11220

The agreement may contain additional provisions that the	11221
board determines necessary to safeguard the interests of the	11222
county or to comply with an agreement entered into under division	11223
(C) of this section.	11224

(B) Upon entering into an agreement under division (A) of	11225
this section, the board shall do all of the following:	11226

(1) Cause the agreement to be recorded in the county deed	11227
records in the office of the county recorder of the county in	11228
which the real property is situated. Failure to record the	11229
agreement does not affect the validity of the agreement or the	11230
collection of any amounts due under the agreement.	11231

(2) Establish by resolution an erosion control repayment fund	11232
into which shall be deposited all amounts collected under division	11233
(B)(3) of this section. Moneys in that fund shall be used by the	11234
board for the repayment of the loan and for administrative or	11235
other costs of the board or the authority as specified in an	11236
agreement entered into under division (C) of this section. If the	11237
amount of money in the fund is inadequate to repay the loan when	11238
due, the board of county commissioners, by resolution, may advance	11239
money from any other fund in order to repay the loan if that use	11240
of the money from the other fund is not in conflict with law. If	11241
the board so advances money in order to repay the loan, the board	11242
subsequently shall reimburse each fund from which the board	11243
advances money with moneys from the erosion control repayment	11244
fund.	11245

(3) Bill and collect all amounts when due under the agreement	11246
entered into under division (A) of this section. The board shall	11247
certify amounts not paid when due to the county auditor, who shall	11248
enter the amounts on the real property tax list and duplicate	11249
against the property identified under division (A)(1) of this	11250
section. The amounts not paid when due shall be a lien on that	11251
property from the date on which the amounts are placed on the tax	11252
list and duplicate and shall be collected in the same manner as	11253
other taxes.	11254

(C) A board may apply to the authority for a loan for the	11255
purpose of entering into agreements under division (A) of this	11256
section. The loan shall be for an amount and on the terms	11257
established in an agreement between the board and the authority.	11258
The board may assign any agreements entered into under division	11259
(A) of this section to the authority in order to provide for the	11260
repayment of the loan and may pledge any lawfully available	11261
revenues to the repayment of the loan, provided that no moneys	11262
raised by taxation shall be obligated or pledged by the board for	11263
the repayment of the loan. Any agreement with the authority	11264
pursuant to this division is not subject to Chapter 133. of the	11265
Revised Code or any requirements or limitations established in	11266
that chapter.	11267

(D) The authority, as assignee of any agreement pursuant to	11268
division (C) of this section, may enforce and compel the board and	11269
the county auditor by mandamus pursuant to Chapter 2731. of the	11270
Revised Code to comply with division (B) of this section in a	11271
timely manner.	11272

(E) The construction of an erosion control structure by a	11273
contractor hired by an individual homeowner, group of individual	11274
homeowners, or homeowners association that enters into an	11275
agreement with a board under division (A) of this section is not a	11276
public improvement, as defined in section 4115.03 of the Revised	11277
Code, and is not subject to competitive bidding or public bond	11278
laws.	11279

~~Sec. 1521.27.~~ Sec. 1506.45. The state, or any county, township,	11280
municipal corporation, conservancy district, or park board that	11281
has entered into a contract under section ~~1521.25~~1506.43 of the	11282
Revised Code, may acquire lands by gift or devise, purchase, or	11283
appropriation. In case of appropriation, the proceedings shall be	11284
instituted in the name of the state or the political subdivision	11285
and shall be conducted in the manner provided for the	11286
appropriation of private property by the state or the political	11287
subdivision insofar as those proceedings are applicable. Either	11288
the fee or any lesser interest may be acquired as the state or the	11289
political subdivision considers advisable.	11290

~~Sec. 1521.28.~~ Sec. 1506.46. Any action taken by the ~~chief~~director	11291
of ~~the division of water~~natural resources under sections ~~1521.20~~	11292
1506.38 to ~~1521.30~~1506.48 of the Revised Code shall not be deemed	11293
in conflict with certain powers and duties conferred upon and	11294
delegated to federal agencies and to municipal corporations under	11295
Section 7 of Article XVIII, Ohio Constitution, or as provided by	11296
sections 721.04 to 721.11 of the Revised Code.	11297

~~Sec. 1521.29.~~ Sec. 1506.47. The ~~chief~~director of ~~the division of~~	11298
~~water~~natural resources, in cooperation with appropriate offices	11299
and divisions, including the division of geological survey, may	11300
prepare a plan for the management of shore erosion in the state	11301
along Lake Erie, its bays, and associated inlets, revise the plan	11302
whenever it can be made more effective, and make the plan	11303
available for public inspection. In the preparation of the plan,	11304
the ~~chief~~director may employ such existing plans as are	11305
available.	11306

The ~~chief~~director also may establish a program to provide	11307
technical assistance on shore erosion control measures to	11308
municipal corporations, counties, townships, conservancy	11309
districts, park boards, and shoreline property owners.	11310

~~Sec. 1521.30.~~ Sec. 1506.48. Upon application of any owner of real	11311
property damaged or destroyed by shore erosion, the county auditor	11312
of the county in which the real property is situated shall cause a	11313
reappraisal to be made and shall place the property on the tax	11314
list at its true value in money.	11315

Whenever the county auditor finds that ninety per cent or	11316
more of the area of any littoral parcel of land appearing upon the	11317
tax duplicate has been eroded and lies within the natural	11318
boundaries of Lake Erie and that the remainder of the parcel, if	11319
any, has no taxable value, the auditor may certify that finding to	11320
the county board of revision. Upon consideration thereof, the	11321
board may authorize removal of the parcel from the tax duplicate	11322
and cancellation of all current and delinquent taxes, assessments,	11323
interest, and penalties charged against the parcel.	11324

Sec. 1506.99. (A) Whoever violates division (A) of section	11325
1506.09 of the Revised Code shall be fined not less than one	11326
hundred nor more than five hundred dollars for each offense.	11327

(B) Whoever violates division (K) of section 1506.32 of the	11328
Revised Code is guilty of a misdemeanor of the third degree.	11329

(C) Whoever violates sections 1506.38 to 1506.48 of the	11330
Revised Code shall be fined not less than one hundred dollars nor	11331
more than five hundred dollars for each offense. Each day of	11332
violation constitutes a separate offense.	11333

Sec. 1513.08. (A) After a coal mining and reclamation permit	11334
application has been approved, ~~but before the permit is issued,~~	11335
the applicant shall file with the chief of the division of mineral	11336
resources management, on a form prescribed and furnished by the	11337
chief, the performance security required under this section.	11338

(B) Using the information contained in the permit	11339
application; the requirements contained in the approved permit and	11340
reclamation plan; and, after considering the topography, geology,	11341
hydrology, and revegetation potential of the area of the approved	11342
permit, the probable difficulty of reclamation; the chief shall	11343
determine the estimated cost of reclamation under the initial term	11344
of the permit if the reclamation has to be performed by the	11345
division of mineral resources management in the event of	11346
forfeiture of the performance security by the applicant. The chief	11347
shall send written notice of the amount of the estimated cost of	11348
reclamation by certified mail to the applicant. The applicant	11349
shall send written notice to the chief indicating the method by	11350
which the applicant will provide the performance security pursuant	11351
to division (C) of this section.	11352

(C) The applicant shall provide the performance security in	11353
an amount using one of the following:	11354

(1) If the applicant elects to provide performance security	11355
without reliance on the reclamation forfeiture fund created in	11356
section 1513.18 of the Revised Code, the amount of the estimated	11357
cost of reclamation as determined by the chief under division (B)	11358
of this section for the increments of land on which the operator	11359
will conduct a coal mining and reclamation operation under the	11360
initial term of the permit as indicated in the application;	11361

(2) If the applicant elects to provide performance security	11362
together with reliance on the reclamation forfeiture fund through	11363
payment of the additional tax on the severance of coal that is	11364
levied under division (A)(8) of section 5749.02 of the Revised	11365
Code, an amount of twenty-five hundred dollars per acre of land on	11366
which the operator will conduct coal mining and reclamation under	11367
the initial term of the permit as indicated in the application.	11368
However, in order for an applicant to be eligible to provide	11369
performance security in accordance with division (C)(2) of this	11370
section, anthe applicant, an owner and controller of the	11371
applicant, or an affiliate of the applicant shall have held a	11372
permit issued under this chapter for any coal mining and	11373
reclamation operation for a period of not less than five years. In	11374
the event of forfeiture of performance security that was provided	11375
in accordance with division (C)(2) of this section, the difference	11376
between the amount of that performance security and the estimated	11377
cost of reclamation as determined by the chief under division (B)	11378
of this section shall be obtained from money in the reclamation	11379
forfeiture fund as needed to complete the reclamation.	11380

The performance security provided under division (C) of this	11381
section for the entire area to be mined under one permit issued	11382
under this chapter shall not be less than ten thousand dollars.	11383

The performance security shall cover areas of land affected	11384
by mining within or immediately adjacent to the permitted area, so	11385
long as the total number of acres does not exceed the number of	11386
acres for which the performance security is provided. However, the	11387
authority for the performance security to cover areas of land	11388
immediately adjacent to the permitted area does not authorize a	11389
permittee to mine areas outside an approved permit area. As	11390
succeeding increments of coal mining and reclamation operations	11391
are to be initiated and conducted within the permit area, the	11392
permittee shall file with the chief additional performance	11393
security to cover the increments in accordance with this section.	11394
If a permittee intends to mine areas outside the approved permit	11395
area, the permittee shall provide additional performance security	11396
in accordance with this section to cover the areas to be mined.	11397

An applicant shall provide performance security in accordance	11398
with division (C)(1) of this section in the full amount of the	11399
estimated cost of reclamation as determined by the chief for a	11400
permitted coal preparation plant or coal refuse disposal area that	11401
is not located within a permitted area of a mine. A permittee	11402
shall provide the performance security not later than one year	11403
after ~~the effective date of this amendment~~April 6, 2007, for a	11404
permitted coal preparation plant or coal refuse disposal area that	11405
is in existence on ~~the effective date of this amendment~~April 6,	11406
2007, and that is not located within a permitted area of a mine.	11407

(D) A permittee's liability under the performance security	11408
shall be limited to the obligations established under the permit,	11409
which include completion of the reclamation plan in order to make	11410
the land capable of supporting the postmining land use that was	11411
approved in the permit. The period of liability under the	11412
performance security shall be for the duration of the coal mining	11413
and reclamation operation and for a period coincident with the	11414
operator's responsibility for revegetation requirements under	11415
section 1513.16 of the Revised Code.	11416

(E) The amount of the estimated cost of reclamation	11417
determined under division (B) of this section and the amount of a	11418
permittee's performance security provided in accordance with	11419
division (C)(1) of this section may be adjusted by the chief as	11420
the land that is affected by mining increases or decreases or if	11421
the cost of reclamation increases or decreases. If the performance	11422
security was provided in accordance with division (C)(2) of this	11423
section and the chief has issued a cessation order under division	11424
(D)(2) of section 1513.02 of the Revised Code for failure to abate	11425
a violation of the contemporaneous reclamation requirement under	11426
division (A)(15) of section 1513.16 of the Revised Code, the chief	11427
may require the permittee to increase the amount of performance	11428
security from twenty-five hundred dollars per acre of land to five	11429
thousand dollars per acre of land.	11430

The chief shall notify the permittee, each surety, and any	11431
person who has a property interest in the performance security and	11432
who has requested to be notified of any proposed adjustment to the	11433
performance security. The permittee may request an informal	11434
conference with the chief concerning the proposed adjustment, and	11435
the chief shall provide such an informal conference.	11436

If the chief increases the amount of performance security	11437
under this division, the permittee shall provide additional	11438
performance security in an amount determined by the chief. If the	11439
chief decreases the amount of performance security under this	11440
division, the chief shall determine the amount of the reduction of	11441
the performance security and send written notice of the amount of	11442
reduction to the permittee. The permittee may reduce the amount of	11443
the performance security in the amount determined by the chief.	11444

(F) A permittee may request a reduction in the amount of the	11445
performance security by submitting to the chief documentation	11446
proving that the amount of the performance security provided by	11447
the permittee exceeds the estimated cost of reclamation if the	11448
reclamation would have to be performed by the division in the	11449
event of forfeiture of the performance security. The chief shall	11450
examine the documentation and determine whether the permittee's	11451
performance security exceeds the estimated cost of reclamation. If	11452
the chief determines that the performance security exceeds that	11453
estimated cost, the chief shall determine the amount of the	11454
reduction of the performance security and send written notice of	11455
the amount to the permittee. The permittee may reduce the amount	11456
of the performance security in the amount determined by the chief.	11457
Adjustments in the amount of performance security under this	11458
division shall not be considered release of performance security	11459
and are not subject to section 1513.16 of the Revised Code.	11460

(G) If the performance security is a bond, it shall be	11461
executed by the operator and a corporate surety licensed to do	11462
business in this state. If the performance security is a cash	11463
deposit or negotiable certificates of deposit of a bank or savings	11464
and loan association, the bank or savings and loan association	11465
shall be licensed and operating in this state. The cash deposit or	11466
market value of the securities shall be equal to or greater than	11467
the amount of the performance security required under this	11468
section. The chief shall review any documents pertaining to the	11469
performance security and approve or disapprove the documents. The	11470
chief shall notify the applicant of the chief's determination.	11471

(H) If the performance security is a bond, the chief may	11472
accept the bond of the applicant itself without separate surety	11473
when the applicant demonstrates to the satisfaction of the chief	11474
the existence of a suitable agent to receive service of process	11475
and a history of financial solvency and continuous operation	11476
sufficient for authorization to self-insure or bond the amount.	11477

(I) Performance security provided under this section may be	11478
held in trust, provided that the state is the conditional	11479
beneficiary of the trust and the custodian of the performance	11480
security held in trust is a bank, trust company, or other	11481
financial institution that is licensed and operating in this	11482
state. The chief shall review the trust document and approve or	11483
disapprove the document. The chief shall notify the applicant of	11484
the chief's determination.	11485

(J) If a surety, bank, savings and loan association, trust	11486
company, or other financial institution that holds the performance	11487
security required under this section becomes insolvent, the	11488
permittee shall notify the chief of the insolvency, and the chief	11489
shall order the permittee to submit a plan for replacement	11490
performance security within thirty days after receipt of notice	11491
from the chief. If the permittee provided performance security in	11492
accordance with division (C)(1) of this section, the permittee	11493
shall provide the replacement performance security within ninety	11494
days after receipt of notice from the chief. If the permittee	11495
provided performance security in accordance with division (C)(2)	11496
of this section, the permittee shall provide the replacement	11497
performance security within one year after receipt of notice from	11498
the chief, and, for a period of one year after the permittee's	11499
receipt of notice from the chief or until the permittee provides	11500
the replacement performance security, whichever occurs first,	11501
money in the reclamation forfeiture fund shall be the permittee's	11502
replacement performance security in an amount not to exceed the	11503
estimated cost of reclamation as determined by the chief.	11504

(K) A permittee's responsibility for repairing material	11505
damage and replacement of water supply resulting from subsidence	11506
may be satisfied by liability insurance required under this	11507
chapter in lieu of the permittee's performance security if the	11508
liability insurance policy contains terms and conditions that	11509
specifically provide coverage for repairing material damage and	11510
replacement of water supply resulting from subsidence.	11511

(L) If the performance security provided in accordance with	11512
this section exceeds the estimated cost of reclamation, the chief	11513
may authorize the amount of the performance security that exceeds	11514
the estimated cost of reclamation together with any interest or	11515
other earnings on the performance security to be paid to the	11516
permittee.	11517

(M) A permittee that held a valid coal mining and reclamation	11518
permit immediately prior to April 6, 2007, shall provide, not	11519
later than a date established by the chief, performance security	11520
in accordance with division (C)(1) or (2) of this section, rather	11521
than in accordance with the law as it existed prior to that date,	11522
by filing it with the chief on a form that the chief prescribes	11523
and furnishes. Accordingly, for purposes of this section,	11524
"applicant" is deemed to include such a permittee.	11525

(N) As used in this section:

11526

(1) "Affiliate of the applicant" means an entity that has a	11527
parent entity in common with the applicant.	11528

(2) "Owner and controller of the applicant" means a person	11529
that has any relationship with the applicant that gives the person	11530
authority to determine directly or indirectly the manner in which	11531
the applicant conducts coal mining operations.	11532

Sec. 1513.18. (A) All money that becomes the property of the	11533
state under division (G) of section 1513.16 of the Revised Code	11534
shall be deposited in the reclamation forfeiture fund, which is	11535
hereby created in the state treasury. Disbursements from the fund	11536
shall be made by the chief of the division of mineral resources	11537
management for the purpose of reclaiming areas of land affected by	11538
coal mining under a coal mining and reclamation permit issued on	11539
or after September 1, 1981, on which an operator has defaulted.	11540

(B) The fund also shall consist of all money from the	11541
collection of liens under section 1513.081 of the Revised Code,	11542
any moneys transferred to it under section 1513.181 of the Revised	11543
Code from the coal mining and reclamation reserve fund created in	11544
that section, fines collected under division (E) of section	11545
1513.02 and section 1513.99 of the Revised Code, fines collected	11546
for a violation of section 2921.31 of the Revised Code that, prior	11547
to July 1, 1996, would have been a violation of division (G) of	11548
section 1513.17 of the Revised Code as it existed prior to that	11549
date, and moneys collected and credited to it pursuant to section	11550
5749.02 of the Revised Code. Disbursements from the fund shall be	11551
made by the chief in accordance with division (D) of this section	11552
for the purpose of reclaiming areas that an operator has affected	11553
by mining and failed to reclaim under a coal mining and	11554
reclamation permit issued under this chapter or under a surface	11555
mining permit issued under Chapter 1514. of the Revised Code.	11556

The chief may expend moneys from the fund to pay necessary	11557
administrative costs, including engineering and design services,	11558
incurred by the division of mineral resources management in	11559
reclaiming these areas. The chief also may expend moneys from the	11560
fund to pay necessary administrative costs of the reclamation	11561
forfeiture fund advisory board created in section 1513.182 of the	11562
Revised Code as authorized by the board under that section.	11563
Expenditures from the fund to pay such administrative costs need	11564
not be made under contract.	11565

(C) Except when paying necessary administrative costs	11566
authorized by division (B) of this section, expenditures from the	11567
fund shall be made under contracts entered into by the chief, with	11568
the approval of the director of natural resources, in accordance	11569
with procedures established by the chief, by rules adopted in	11570
accordance with section 1513.02 of the Revised Code. The chief	11571
may reclaim the land in the same manner as set forth in sections	11572
1513.21 to 1513.24 of the Revised Code. Each contract awarded by	11573
the chief shall be awarded to the lowest responsive and	11574
responsible bidder, in accordance with section 9.312 of the	11575
Revised Code, after sealed bids are received, opened, and	11576
published at the time and place fixed by the chief. The chief	11577
shall publish notice of the time and place at which bids will be	11578
received, opened, and published, at least once and at least ten	11579
days before the date of the opening of the bids, in a newspaper of	11580
general circulation in the county in which the area of land to be	11581
reclaimed under the contract is located. If, after advertising, no	11582
bids are received at the time and place fixed for receiving them,	11583
the chief may advertise again for bids, or, if the chief considers	11584
the public interest will best be served, the chief may enter into	11585
a contract for the reclamation of the area of land without further	11586
advertisement for bids. The chief may reject any or all bids	11587
received and again publish notice of the time and place at which	11588
bids for contracts will be received, opened, and published. The	11589
chief, with the approval of the director, may enter into a	11590
contract with the landowner, a coal mine operator or surface mine	11591
operator mining under a current, valid permit issued under this	11592
chapter or Chapter 1514. of the Revised Code, or a contractor	11593
hired by the surety or trustee, if the performance security is	11594
held in trust, to complete reclamation to carry out reclamation on	11595
land affected by coal mining on which an operator has defaulted	11596
without advertising for bids.	11597

(D)(1) The chief shall expend money credited to the	11598
reclamation forfeiture fund from the forfeiture of the performance	11599
security applicable to an area of land to pay for the cost of the	11600
reclamation of the land.	11601

(2) If the performance security for the area of land was	11602
provided under division (C)(1) of section 1513.08 of the Revised	11603
Code, the chief shall use the money from the forfeited performance	11604
security to complete the reclamation that the operator failed to	11605
do under the operator's applicable coal mining and reclamation	11606
permit issued under this chapter.	11607

(3) If the performance security for the area of land was	11608
provided under division (C)(2) of section 1513.08 of the Revised	11609
Code, the chief shall use the money from the forfeited performance	11610
security to complete the reclamation that the operator failed to	11611
do under the operator's applicable coal mining and reclamation	11612
permit issued under this chapter. If the money credited to the	11613
reclamation forfeiture fund from the forfeiture of the performance	11614
security provided under division (C)(2) of section 1513.08 of the	11615
Revised Code is not sufficient to complete the reclamation, the	11616
chief shall notify the reclamation forfeiture fund advisory board	11617
of the amount of the insufficiency. The chief may expend money	11618
credited to the reclamation forfeiture fund under section 5749.02	11619
of the Revised Code or transferred to the fund under section	11620
1513.181 of the Revised Code to complete the reclamation. The	11621
chief shall not expend money from the fund in an amount that	11622
exceeds the difference between the amount of the performance	11623
security provided under division (C)(2) of section 1513.08 of the	11624
Revised Code and the estimated cost of reclamation as determined	11625
by the chief under divisions (B) and (E) of that section.	11626

(4) Money from the reclamation forfeiture fund shall not be	11627
used for reclamation of land or water resources affected by	11628
material damage from subsidence,or mine drainage that requires	11629
extended water treatment after reclamation is completed under the	11630
terms of the permit~~, or coal preparation plants or coal refuse~~	11631
~~disposal areas not located within a permitted area of a mine if~~	11632
~~performance security for the area of land was provided under~~	11633
~~division (C)(2) of section 1513.08 of the Revised Code~~. In	11634
addition, money from the reclamation forfeiture fund shall not be	11635
used to supplement the performance security of an applicant or	11636
permittee that has provided performance security in accordance	11637
with division (C)(1) of section 1513.08 of the Revised Code.	11638

(E) The chief shall keep a detailed accounting of the	11639
expenditures from the reclamation forfeiture fund to complete	11640
reclamation of the land and, upon completion of the reclamation,	11641
shall certify the expenditures to the attorney general. Upon the	11642
chief's certification of the expenditures from the reclamation	11643
forfeiture fund, the attorney general shall bring an action for	11644
that amount of money. The operator is liable for that expense in	11645
addition to any other liabilities imposed by law. Moneys so	11646
recovered shall be credited to the reclamation forfeiture fund.	11647
The chief shall not postpone the reclamation because of any action	11648
brought by the attorney general under this division. Prior to	11649
completing reclamation, the chief may collect through the attorney	11650
general any additional amount that the chief believes will be	11651
necessary for reclamation in excess of the forfeited performance	11652
security amount applicable to the land that the operator should	11653
have, but failed to, reclaim.	11654

(F) Except as otherwise provided in division (H) of this	11655
section, if any part of the moneys in the reclamation forfeiture	11656
fund remains in the fund after the chief has caused the area of	11657
land to be reclaimed and has paid all the reclamation costs and	11658
expenses, the chief may expend those moneys to complete other	11659
reclamation work performed under this section on forfeiture areas	11660
affected under a coal mining and reclamation permit issued on or	11661
after September 1, 1981.	11662

(G) The chief shall require every contractor performing	11663
reclamation work pursuant to this section to pay workers at the	11664
greater of their regular rate of pay, as established by contract,	11665
agreement, or prior custom or practice, or the average wage rate	11666
paid in this state for the same or similar work as determined by	11667
the chief under section 1513.02 of the Revised Code.	11668

(H) All investment earnings of the fund shall be credited to	11669
the fund and shall be used only for the reclamation of land for	11670
which performance security was provided under division (C)(2) of	11671
section 1513.08 of the Revised Code.	11672

Sec. 1514.081. (A) As used in this section:

11673

(1) "Lime mining wastes" means residual solid or semisolid	11674
materials generated from lime ~~or limestone mining and processing~~	11675
calcining, lime processing, or lime manufacturing operations,	11676
including, without limitation, lime kiln dust, scrubber sludge	11677
from lime kiln operations, lime ~~or limestone~~ materials not meeting	11678
product specification, lime hydrating materials, and other lime or	11679
~~limestone mining~~manufacturing, processing, or calcining materials	11680
associated with lime ~~or limestone mining or~~ processing. "Lime	11681
mining wastes" does not include materials generated from the	11682
manufacture of cement.	11683

(2) "Beneficial use" means the use of lime mining wastes	11684
~~within a lime mining and reclamation area~~ for land application	11685
when it is utilized for agronomic purposes at standard agronomic	11686
rates as determined by standard soil testing, for land reclamation	11687
in accordance with this chapter and rules adopted under it,	11688
including, but not limited to, use as fill material, as defined by	11689
rule, in quarries, and for any other purposes designated by the	11690
chief of the division of mineral resources management, including	11691
demonstration projects approved by the chief.	11692

(3) "Solid waste disposal facility" means a facility for the	11693
disposal of solid wastes that is licensed under Chapter 3734. of	11694
the Revised Code.	11695

(4) "Disposal system" has the same meaning as in section	11696
6111.01 of the Revised Code.	11697

(B) Not later than two hundred seventy days after ~~the~~	11698
~~effective date of this section~~October 8, 2001, the chief shall	11699
adopt and may amend, suspend, or rescind rules in accordance with	11700
Chapter 119. of the Revised Code establishing standards and	11701
requirements for both of the following:	11702

(1) The beneficial use of lime mining wastes, including the	11703
beneficial use of lime mining wastes at lime mining and	11704
reclamation operations governed by this chapter;	11705

(2) The monitoring of ground water associated with the	11706
beneficial use of lime mining wastes and the taking of corrective	11707
action in the event of a subsurface discharge of leachate from the	11708
beneficial use of lime mining wastes or of contamination of ground	11709
water resulting from the beneficial use of lime mining wastes, in	11710
order to protect human health and environment.	11711

The beneficial use of lime mining wastes is subject to any	11712
applicable standards and requirements established under this	11713
chapter and rules adopted under it. Until such time as the chief	11714
adopts rules under this section, the beneficial use of lime mining	11715
wastes shall require the prior written approval of the chief in a	11716
surface mining permit issued under this chapter.	11717

(C) The beneficial use of lime mining wastes does not	11718
constitute establishing a solid waste disposal facility or a	11719
disposal system. A beneficial use of lime mining wastes that is	11720
authorized under this section is not subject to any of the	11721
following:	11722

(1) Permit and license requirements for solid waste	11723
facilities established under sections 3734.02 and 3734.05 of the	11724
Revised Code;	11725

(2) The prohibition against open dumping of solid wastes	11726
established under section 3734.03 of the Revised Code;	11727

(3) Solid waste disposal and generation fees established	11728
under sections 3734.57 to 3734.574 of the Revised Code;	11729

(4) Permit to install and plan approval requirements and	11730
prohibitions established under sections 6111.03, 6111.04, 6111.44,	11731
and 6111.45 of the Revised Code.	11732

Nothing in this section shall be construed to limit any other	11733
requirements that are applicable to the beneficial use of lime	11734
mining wastes under Chapter 905., 3704., 3714., 3734., or 6111. of	11735
the Revised Code or any local or federal laws, including, without	11736
limitation, requirements governing air pollution control permits,	11737
hazardous waste installation and operation permits, national	11738
pollutant discharge elimination system permits, and section 401	11739
water quality certifications.	11740

Sec. 1514.40. In accordance with Chapter 119. of the Revised	11741
Code, the chief of the division of mineral resources management,	11742
in consultation with a statewide association that represents the	11743
surface mining industry, shall adopt rules that do all of the	11744
following:	11745

(A) For the purpose of establishing safety standards	11746
governing surface mining operations, incorporate by reference 30	11747
C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended;	11748

(B) Establish criteria, standards, and procedures governing	11749
safety performance evaluations conducted under section 1514.45 of	11750
the Revised Code, including requirements for the notification of	11751
operators and the identification of authorized representatives of	11752
miners at surface mining operations for purposes of inspections	11753
conducted under sections ~~1541.41~~1514.41 to ~~1541.47~~1514.47 of the	11754
Revised Code;	11755

(C) Establish requirements governing the reporting and	11756
investigation of accidents at surface mining operations. In	11757
adopting the rules, the chief shall establish requirements that	11758
minimize duplication with any reporting and investigations of	11759
accidents that are conducted by the mine safety and health	11760
administration in the United States department of labor.	11761

(D) Establish the time, place, and frequency of mine safety	11762
training conducted under section 1514.06 of the Revised Code and a	11763
fee, if any, for the purpose of that section. The amount of the	11764
fee shall not exceed the costs of conducting the training that is	11765
required under that section.	11766

(E) Establish the minimum qualifications necessary to take	11767
the examination that is required for certification of certified	11768
mine forepersons under division (B) of section 1514.47 of the	11769
Revised Code and requirements, fees, and procedures governing the	11770
taking of the examination;	11771

(F) Establish requirements and fees governing the renewal of	11772
certificates under division (C) of that section;	11773

(G) Establish requirements and procedures for the approval of	11774
training plans submitted under division (E) of that section for	11775
the use of qualified persons to conduct examinations of surface	11776
mining operations in lieu of certified mine forepersons and	11777
minimum qualifications of those persons. The rules shall include	11778
requirements governing training frequency and curriculum that must	11779
be provided for qualified persons under such plans and shall	11780
establish related reporting and record keeping requirements.	11781

As used in sections 1514.41 to 1514.47 of the Revised Code,	11782
"rule" means a rule adopted under this section unless the context	11783
indicates otherwise.	11784

Sec. 1521.01. As used in sections 1521.01 to 1521.05,and	11785
1521.13 to 1521.18~~, and 1521.20 to 1521.30~~ of the Revised Code:	11786

(A) "Consumptive use," "diversion," "Lake Erie drainage	11787
basin," "other great lakes states and provinces," "water	11788
resources," and "waters of the state" have the same meanings as in	11789
section 1501.30 of the Revised Code.	11790

(B) "Well" means any excavation, regardless of design or	11791
method of construction, created for any of the following purposes:	11792

(1) Removing ground water from or recharging water into an	11793
aquifer, excluding subsurface drainage systems installed to	11794
enhance agricultural crop production or urban or suburban	11795
landscape management or to control seepage in dams, dikes, and	11796
levees;	11797

(2) Determining the quantity, quality, level, or movement of	11798
ground water in or the stratigraphy of an aquifer, excluding	11799
borings for instrumentation in dams, dikes, levees, or highway	11800
embankments;	11801

(3) Removing or exchanging heat from ground water, excluding	11802
horizontal trenches that are installed for water source heat pump	11803
systems.	11804

(C) "Aquifer" means a consolidated or unconsolidated geologic	11805
formation or series of formations that are hydraulically	11806
interconnected and that have the ability to receive, store, or	11807
transmit water.	11808

(D) "Ground water" means all water occurring in an aquifer.

11809

(E) "Ground water stress area" means a definable geographic	11810
area in which ground water quantity is being affected by human	11811
activity or natural forces to the extent that continuous	11812
availability of supply is jeopardized by withdrawals.	11813

(F) "Person" has the same meaning as in section 1.59 of the	11814
Revised Code and also includes the United States, the state, any	11815
political subdivision of the state, and any department, division,	11816
board, commission, agency, or instrumentality of the United	11817
States, the state, or a political subdivision of the state.	11818

(G) "State agency" or "agency of the state" has the same	11819
meaning as "agency" in section 111.15 of the Revised Code.	11820

(H) "Development" means any artificial change to improved or	11821
unimproved real estate, including the construction of buildings	11822
and other structures, any substantial improvement of a structure,	11823
mining, dredging, filling, grading, paving, excavating, and	11824
drilling operations, and storage of equipment or materials.	11825

(I) "Floodplain" means the area adjoining any river, stream,	11826
watercourse, or lake that has been or may be covered by flood	11827
water.	11828

(J) "Floodplain management" means the implementation of an	11829
overall program of corrective and preventive measures for reducing	11830
flood damage, including the collection and dissemination of flood	11831
information, construction of flood control works, nonstructural	11832
flood damage reduction techniques, and adoption of rules,	11833
ordinances, or resolutions governing development in floodplains.	11834

(K) "One-hundred-year flood" means a flood having a one per	11835
cent chance of being equaled or exceeded in any given year.	11836

(L) "One-hundred-year floodplain" means that portion of a	11837
floodplain inundated by a one-hundred-year flood.	11838

(M) "Structure" means a walled and roofed building,	11839
including, without limitation, gas or liquid storage tanks, mobile	11840
homes, and manufactured homes.	11841

(N) "Substantial improvement" means any reconstruction,	11842
rehabilitation, addition, or other improvement of a structure, the	11843
cost of which equals or exceeds fifty per cent of the market value	11844
of the structure before the start of construction of the	11845
improvement. "Substantial improvement" includes repairs to	11846
structures that have incurred substantial damage regardless of the	11847
actual repair work performed. "Substantial improvement" does not	11848
include either of the following:	11849

(1) Any project for the improvement of a structure to correct	11850
existing violations of state or local health, sanitary, or safety	11851
code specifications that have been identified by the state or	11852
local code enforcement official having jurisdiction and that are	11853
the minimum necessary to ensure safe living conditions;	11854

(2) Any alteration of an historic structure designated or	11855
listed pursuant to federal or state law, provided that the	11856
alteration will not preclude the structure's continued listing or	11857
designation as an historic structure.	11858

(O) ~~"Shore structure" includes, but is not limited to:~~	11859
~~beaches; groins; revetments; bulkheads; seawalls; breakwaters;~~	11860
~~certain dikes designated by the chief of the division of water;~~	11861
~~piers; docks; jetties; wharves; marinas; boat ramps; any~~	11862
~~associated fill or debris used as part of the construction of~~	11863
~~shore structures that may affect shore erosion, wave action, or~~	11864
~~inundation; and fill or debris placed along or near the shore,~~	11865
~~including bluffs, banks, or beach ridges, for the purpose of~~	11866
~~stabilizing slopes.~~	11867

~~(P)~~ "Substantial damage" means damage of any origin that is	11868
sustained by a structure if the cost of restoring the structure to	11869
its condition prior to the damage would equal or exceed fifty per	11870
cent of the market value of the structure before the damage	11871
occurred.	11872

~~(Q)~~(P) "National flood insurance program" means the national	11873
flood insurance program established in the "National Flood	11874
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended,	11875
and regulations adopted under it.	11876

~~(R)~~(Q) "Conservancy district" means a conservancy district	11877
established under Chapter 6101. of the Revised Code.	11878

~~(S) "Park board" means the board of park commissioners of a~~	11879
~~park district created under Chapter 1545. of the Revised Code.~~	11880

~~(T) "Erosion control structure" means anything that is~~	11881
~~designed primarily to reduce or control erosion of the shore along~~	11882
~~or near lake erie, including, but not limited to, revetments,~~	11883
~~seawalls, bulkheads, certain breakwaters designated by the chief,~~	11884
~~and similar structures. "Erosion control structure" does not~~	11885
~~include wharves, piers, docks, marinas, boat ramps, and other~~	11886
~~similar structures.~~	11887

Sec. 1521.99. (A) Whoever violates division (E)(1) of	11888
section 1521.05 or division (E)(1) of section 1521.16 of the	11889
Revised Code is guilty of a misdemeanor of the fourth degree.	11890

(B) Whoever violates section 1521.06 or 1521.062 of the	11891
Revised Code shall be fined not less than one hundred dollars nor	11892
more than one thousand dollars for each offense. Each day of	11893
violation constitutes a separate offense.	11894

~~(C) Whoever violates sections 1521.20 to 1521.30 of the~~	11895
~~Revised Code shall be fined not less than one hundred dollars nor~~	11896
~~more than one thousand dollars for each offense. Each day of~~	11897
~~violation constitutes a separate offense.~~	11898

Sec. 1531.06. (A) The chief of the division of wildlife,	11899
with the approval of the director of natural resources, may	11900
acquire by gift, lease, purchase, or otherwise lands or surface	11901
rights upon lands and waters or surface rights upon waters for	11902
wild animals, fish or game management, preservation, propagation,	11903
and protection, outdoor and nature activities, public fishing and	11904
hunting grounds, and flora and fauna preservation. The chief, with	11905
the approval of the director, may receive by grant, devise,	11906
bequest, donation, or assignment evidences of indebtedness, the	11907
proceeds of which are to be used for the purchase of such lands or	11908
surface rights upon lands and waters or surface rights upon	11909
waters.	11910

(B)(1) The chief shall adopt rules for the protection of	11911
state-owned or leased lands and waters and property under the	11912
control of the division of wildlife against wrongful use or	11913
occupancy that will ensure the carrying out of the intent of this	11914
section, protect those lands, waters, and property from	11915
depredations, and preserve them from molestation, spoilation,	11916
destruction, or any improper use or occupancy thereof, including	11917
rules with respect to recreational activities and for the	11918
government and use of such lands, waters, and property.	11919

(2) The chief may adopt rules benefiting wild animals, fish	11920
or game management, preservation, propagation, and protection,	11921
outdoor and nature activities, public fishing and hunting grounds,	11922
and flora and fauna preservation, and regulating the taking and	11923
possession of wild animals on any lands or waters owned or leased	11924
or under the division's supervision and control and, for a	11925
specified period of years, may prohibit or recall the taking and	11926
possession of any wild animal on any portion of such lands or	11927
waters. The division clearly shall define and mark the boundaries	11928
of the lands and waters owned or leased or under its supervision	11929
and control upon which the taking of any wild animal is	11930
prohibited.	11931

(C) The chief, with the approval of the director, may acquire	11932
by gift, lease, or purchase land for the purpose of establishing	11933
state fish hatcheries and game farms and may erect on it buildings	11934
or structures that are necessary.	11935

The title to or lease of such lands and waters shall be taken	11936
by the chief in the name of the state. The lease or purchase price	11937
of all such lands and waters may be paid from hunting and trapping	11938
and fishing licenses and any other funds.	11939

(D) To provide more public recreation, stream and lake	11940
agreements for public fishing only may be obtained under rules	11941
adopted by the chief.	11942

(E) The chief, with the approval of the director, may	11943
establish user fees for the use of special public facilities or	11944
participation in special activities on lands and waters	11945
administered by the division. The special facilities and	11946
activities may include hunting or fishing on special designated	11947
public lands and waters intensively managed or stocked with	11948
artificially propagated game birds or fish, field trial	11949
facilities, wildlife nature centers, firearm ranges, boat mooring	11950
facilities, camping sites, and other similar special facilities	11951
and activities. The chief shall determine whether the user fees	11952
are refundable and shall ensure that that information is provided	11953
at the time the user fees are paid.	11954

(F) The chief, with the approval of the director, may enter	11955
into lease agreements for rental of concessions or other special	11956
projects situated on state-owned or leased lands or waters or	11957
other property under the division's control. The chief shall set	11958
and collect the fees for concession rentals or other special	11959
projects; regulate through contracts between the division and	11960
concessionaires the sale of tangible objects at concessions or	11961
other special projects; and keep a record of all such fee payments	11962
showing the amount received, from whom received, and for what	11963
purpose the fee was collected.	11964

(G) The chief may sell or donate conservation-related items	11965
or items that promote wildlife conservation, including, but not	11966
limited to, stamps, pins, badges, books, bulletins, maps,	11967
publications, calendars, and any other educational article or	11968
artifact pertaining to wild animals; sell confiscated or forfeited	11969
items; and sell surplus structures and equipment, and timber or	11970
crops from lands owned, administered, leased, or controlled by the	11971
division. The chief, with the approval of the director, also may	11972
engage in campaigns and special events that promote wildlife	11973
conservation by selling or donating wildlife-related materials,	11974
memberships, and other items of promotional value.	11975

(H) The chief may sell, lease, or transfer minerals or	11976
mineral rights, with the approval of the director, when the chief	11977
and the director determine it to be in the best interest of the	11978
state. Upon approval of the director, the chief may make, execute,	11979
and deliver contracts, including leases, to mine, drill, or	11980
excavate iron ore, stone, coal, petroleum, gas, salt, and other	11981
minerals upon and under lands owned by the state and administered	11982
by the division to any person who complies with the terms of such	11983
a contract. No such contract shall be valid for more than fifty	11984
years from its effective date. Consideration for minerals and	11985
mineral rights shall be by rental or royalty basis as prescribed	11986
by the chief and payable as prescribed by contract. Moneys	11987
collected under this division shall be paid into the state	11988
treasury to the credit of the wildlife habitat fund created in	11989
section 1531.33 of the Revised Code. Contracts entered into under	11990
this division also may provide for consideration for minerals or	11991
mineral rights in the form of acquisition of lands as provided	11992
under divisions (A) and (C) of this section.	11993

(I) All moneys received under divisions (E), (F), and (G) of	11994
this section shall be paid into the state treasury to the credit	11995
of a fund that shall be used for the purposes outlined in section	11996
1533.15 of the Revised Code and for the management of other wild	11997
animals for their ecological and nonconsumptive recreational value	11998
or benefit.	11999

(J) The chief, with the approval of the director, may barter	12000
or sell wild animals to other states, state or federal agencies,	12001
and conservation or zoological organizations. Moneys received from	12002
the sale of wild animals shall be deposited into the wild animal	12003
fund created in section 1531.34 of the Revised Code.	12004

(K) The chief shall adopt rules establishing standards and	12005
guidelines for the administration of contraceptive chemicals to	12006
noncaptive wild animals. The rules may specify chemical delivery	12007
methods and devices and monitoring requirements.	12008

The chief shall establish criteria for the issuance of and	12009
shall issue permits for the administration of contraceptive	12010
chemicals to noncaptive wild animals. No person shall administer	12011
contraceptive chemicals to noncaptive wild animals without a	12012
permit issued by the chief.	12013

(L) All fees set by the chief under this section shall be	12014
approved by the wildlife council.	12015

(M) Information contained in the wildlife diversity database	12016
that is established pursuant to division (B)(2) of this section	12017
and section 1531.25 of the Revised Code may be made available to	12018
any individual or public or private agency for research,	12019
educational, environmental, land management, or other similar	12020
purposes that are not detrimental to the conservation of a species	12021
or feature. Information regarding sensitive site locations of	12022
species that are listed pursuant to section 1531.25 of the Revised	12023
Code and of features that are included in the wildlife diversity	12024
database is not subject to section 149.43 of the Revised Code if	12025
the chief determines that the release of the information could be	12026
detrimental to the conservation of a species or feature.	12027

Sec. 1531.35. The wildlife boater angler fund is hereby	12028
created in the state treasury. The fund shall consist of money	12029
credited to the fund pursuant to section 5735.051 of the Revised	12030
Code and other money contributed to the division of wildlife for	12031
the purposes of the fund. The fund shall be used for boating	12032
access construction, improvements, and maintenance, and to pay for	12033
equipment and personnel costs involved with those activities, on	12034
lakes on which the operation of gasoline-powered watercraft is	12035
permissible. However, not more than two hundred thousand dollars	12036
of the annual expenditures from the fund may be used to pay for	12037
the equipment and personnel costs.	12038

Sec. 1555.08. (A) Subject to the limitations provided in	12039
Section 15 of Article VIII, Ohio Constitution, the commissioners	12040
of the sinking fund, upon certification by the director of the	12041
Ohio coal development office of the amount of moneys or additional	12042
moneys needed in the coal research and development fund for the	12043
purpose of making grants or loans for allowable costs, or needed	12044
for capitalized interest, for funding reserves, and for paying	12045
costs and expenses incurred in connection with the issuance,	12046
carrying, securing, paying, redeeming, or retirement of the	12047
obligations or any obligations refunded thereby, including payment	12048
of costs and expenses relating to letters of credit, lines of	12049
credit, insurance, put agreements, standby purchase agreements,	12050
indexing, marketing, remarketing and administrative arrangements,	12051
interest swap or hedging agreements, and any other credit	12052
enhancement, liquidity, remarketing, renewal, or refunding	12053
arrangements, all of which are authorized by this section, or	12054
providing moneys for loan guarantees, shall issue obligations of	12055
the state under this section in amounts authorized by the general	12056
assembly; provided that such obligations may be issued to the	12057
extent necessary to satisfy the covenants in contracts of	12058
guarantee made under section 1555.05 of the Revised Code to issue	12059
obligations to meet such guarantees, notwithstanding limitations	12060
otherwise applicable to the issuance of obligations under this	12061
section except the one-hundred-million-dollar limitation provided	12062
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	12063
such obligations, except for the portion to be deposited in the	12064
coal research and development bond service fund as may be provided	12065
in the bond proceedings, shall as provided in the bond proceedings	12066
be deposited in the coal research and development fund. The	12067
commissioners of the sinking fund may appoint trustees, paying	12068
agents, and transfer agents and may retain the services of	12069
financial advisors, accounting experts, and attorneys, and retain	12070
or contract for the services of marketing, remarketing, indexing,	12071
and administrative agents, other consultants, and independent	12072
contractors, including printing services, as are necessary in	12073
their judgment to carry out this section.	12074

(B) The full faith and credit of the state of Ohio is hereby	12075
pledged to obligations issued under this section. The right of the	12076
holders and owners to payment of bond service charges is limited	12077
to all or that portion of the moneys pledged thereto pursuant to	12078
the bond proceedings in accordance with this section, and each	12079
such obligation shall bear on its face a statement to that effect.	12080

(C) Obligations shall be authorized by resolution of the	12081
commissioners of the sinking fund on request of the director of	12082
the Ohio coal development office as provided in section 1555.02 of	12083
the Revised Code and the bond proceedings shall provide for the	12084
purpose thereof and the principal amount or amounts, and shall	12085
provide for or authorize the manner or agency for determining the	12086
principal maturity or maturities, not exceeding forty years from	12087
the date of issuance, the interest rate or rates or the maximum	12088
interest rate, the date of the obligations and the dates of	12089
payment of interest thereon, their denomination, and the	12090
establishment within or without the state of a place or places of	12091
payment of bond service charges. Sections 9.98 to 9.983 of the	12092
Revised Code apply to obligations issued under this section. The	12093
purpose of such obligations may be stated in the bond proceedings	12094
in terms describing the general purpose or purposes to be served.	12095
The bond proceedings shall also provide, subject to the provisions	12096
of any other applicable bond proceedings, for the pledge of all,	12097
or such part as the commissioners of the sinking fund may	12098
determine, of the moneys credited to the coal research and	12099
development bond service fund to the payment of bond service	12100
charges, which pledges may be made either prior or subordinate to	12101
other expenses, claims, or payments and may be made to secure the	12102
obligations on a parity with obligations theretofore or thereafter	12103
issued, if and to the extent provided in the bond proceedings. The	12104
moneys so pledged and thereafter received by the state are	12105
immediately subject to the lien of such pledge without any	12106
physical delivery thereof or further act, and the lien of any such	12107
pledges is valid and binding against all parties having claims of	12108
any kind against the state or any governmental agency of the	12109
state, irrespective of whether such parties have notice thereof,	12110
and shall create a perfected security interest for all purposes of	12111
Chapter 1309. of the Revised Code, without the necessity for	12112
separation or delivery of funds or for the filing or recording of	12113
the bond proceedings by which such pledge is created or any	12114
certificate, statement or other document with respect thereto; and	12115
the pledge of such moneys is effective and the money therefrom and	12116
thereof may be applied to the purposes for which pledged without	12117
necessity for any act of appropriation. Every pledge, and every	12118
covenant and agreement made with respect thereto, made in the bond	12119
proceedings may therein be extended to the benefit of the owners	12120
and holders of obligations authorized by this section, and to any	12121
trustee therefor, for the further security of the payment of the	12122
bond service charges.	12123

(D) The bond proceedings may contain additional provisions as	12124
to:	12125

(1) The redemption of obligations prior to maturity at the	12126
option of the commissioners of the sinking fund at such price or	12127
prices and under such terms and conditions as are provided in the	12128
bond proceedings;	12129

(2) Other terms of the obligations;

12130

(3) Limitations on the issuance of additional obligations;

12131

(4) The terms of any trust agreement or indenture securing	12132
the obligations or under which the obligations may be issued;	12133

(5) The deposit, investment, and application of the coal	12134
research and development bond service fund, and the safeguarding	12135
of moneys on hand or on deposit, without regard to Chapter 131. or	12136
135. of the Revised Code, but subject to any special provisions of	12137
this chapter, with respect to particular moneys; provided, that	12138
any bank or trust company which acts as depository of any moneys	12139
in the fund may furnish such indemnifying bonds or may pledge such	12140
securities as required by the commissioners of the sinking fund;	12141

(6) Any other provision of the bond proceedings being binding	12142
upon the commissioners of the sinking fund, or such other body or	12143
person as may from time to time have the authority under law to	12144
take such actions as may be necessary to perform all or any part	12145
of the duty required by such provision;	12146

(7) Any provision which may be made in a trust agreement or	12147
indenture;	12148

(8) Any other or additional agreements with the holders of	12149
the obligations, or the trustee therefor, relating to the	12150
obligations or the security therefor, including the assignment of	12151
mortgages or other security obtained or to be obtained for loans	12152
under this chapter.	12153

(E) The obligations may have the great seal of the state or a	12154
facsimile thereof affixed thereto or printed thereon. The	12155
obligations shall be signed by such members of the commissioners	12156
of the sinking fund as are designated in the resolution	12157
authorizing the obligations or bear the facsimile signatures of	12158
such members. Any coupons attached to the obligations shall bear	12159
the facsimile signature of the treasurer of state. Any obligations	12160
may be executed by the persons who, on the date of execution, are	12161
the commissioners although on the date of such bonds the persons	12162
were not the commissioners. Any coupons may be executed by the	12163
person who, on the date of execution, is the treasurer of state	12164
although on the date of such coupons the person was not the	12165
treasurer of state. In case any officer or commissioner whose	12166
signature or a facsimile of whose signature appears on any such	12167
obligations or any coupons ceases to be such officer or	12168
commissioner before delivery thereof, such signature or facsimile	12169
is nevertheless valid and sufficient for all purposes as if the	12170
individual had remained such officer or commissioner until such	12171
delivery; and in case the seal to be affixed to obligations has	12172
been changed after a facsimile of the seal has been imprinted on	12173
such obligations, such facsimile seal shall continue to be	12174
sufficient as to such obligations and obligations issued in	12175
substitution or exchange therefor.	12176

(F) All obligations except loan guarantees are negotiable	12177
instruments and securities under Chapter 1308. of the Revised	12178
Code, subject to the provisions of the bond proceedings as to	12179
registration. The obligations may be issued in coupon or in	12180
registered form, or both, as the commissioners of the sinking fund	12181
determine. Provision may be made for the registration of any	12182
obligations with coupons attached thereto as to principal alone or	12183
as to both principal and interest, their exchange for obligations	12184
so registered, and for the conversion or reconversion into	12185
obligations with coupons attached thereto of any obligations	12186
registered as to both principal and interest, and for reasonable	12187
charges for such registration, exchange, conversion, and	12188
reconversion.	12189

(G) Obligations may be sold at public sale or at private	12190
sale, as determined in the bond proceedings.	12191

(H) Pending preparation of definitive obligations, the	12192
commissioners of the sinking fund may issue interim receipts or	12193
certificates which shall be exchanged for such definitive	12194
obligations.	12195

(I) In the discretion of the commissioners of the sinking	12196
fund, obligations may be secured additionally by a trust agreement	12197
or indenture between the commissioners and a corporate trustee,	12198
which may be any trust company or bank having ~~its principal~~a	12199
place of business within the state. Any such agreement or	12200
indenture may contain the resolution authorizing the issuance of	12201
the obligations, any provisions that may be contained in any bond	12202
proceedings, and other provisions that are customary or	12203
appropriate in an agreement or indenture of such type, including,	12204
but not limited to:	12205

(1) Maintenance of each pledge, trust agreement, indenture,	12206
or other instrument comprising part of the bond proceedings until	12207
the state has fully paid the bond service charges on the	12208
obligations secured thereby, or provision therefor has been made;	12209

(2) In the event of default in any payments required to be	12210
made by the bond proceedings, or any other agreement of the	12211
commissioners of the sinking fund made as a part of the contract	12212
under which the obligations were issued, enforcement of such	12213
payments or agreement by mandamus, the appointment of a receiver,	12214
suit in equity, action at law, or any combination of the	12215
foregoing;	12216

(3) The rights and remedies of the holders of obligations and	12217
of the trustee, and provisions for protecting and enforcing them,	12218
including limitations on rights of individual holders of	12219
obligations;	12220

(4) The replacement of any obligations that become mutilated	12221
or are destroyed, lost, or stolen;	12222

(5) Such other provisions as the trustee and the	12223
commissioners of the sinking fund agree upon, including	12224
limitations, conditions, or qualifications relating to any of the	12225
foregoing.	12226

(J) Any holder of obligations or a trustee under the bond	12227
proceedings, except to the extent that the holder's rights are	12228
restricted by the bond proceedings, may by any suitable form of	12229
legal proceedings protect and enforce any rights under the laws of	12230
this state or granted by such bond proceedings. Such rights	12231
include the right to compel the performance of all duties of the	12232
commissioners of the sinking fund, the Ohio air quality	12233
development authority, or the Ohio coal development office	12234
required by this chapter and Chapter 1551. of the Revised Code or	12235
the bond proceedings; to enjoin unlawful activities; and in the	12236
event of default with respect to the payment of any bond service	12237
charges on any obligations or in the performance of any covenant	12238
or agreement on the part of the commissioners, the authority, or	12239
the office in the bond proceedings, to apply to a court having	12240
jurisdiction of the cause to appoint a receiver to receive and	12241
administer the moneys pledged, other than those in the custody of	12242
the treasurer of state, that are pledged to the payment of the	12243
bond service charges on such obligations or that are the subject	12244
of the covenant or agreement, with full power to pay, and to	12245
provide for payment of bond service charges on, such obligations,	12246
and with such powers, subject to the direction of the court, as	12247
are accorded receivers in general equity cases, excluding any	12248
power to pledge additional revenues or receipts or other income or	12249
moneys of the commissioners of the sinking fund or the state or	12250
governmental agencies of the state to the payment of such	12251
principal and interest and excluding the power to take possession	12252
of, mortgage, or cause the sale or otherwise dispose of any	12253
project.	12254

Each duty of the commissioners of the sinking fund and their	12255
employees, and of each governmental agency and its officers,	12256
members, or employees, undertaken pursuant to the bond proceedings	12257
or any grant, loan, or loan guarantee agreement made under	12258
authority of this chapter, and in every agreement by or with the	12259
commissioners, is hereby established as a duty of the	12260
commissioners, and of each such officer, member, or employee	12261
having authority to perform such duty, specifically enjoined by	12262
the law resulting from an office, trust, or station within the	12263
meaning of section 2731.01 of the Revised Code.	12264

The persons who are at the time the commissioners of the	12265
sinking fund, or their employees, are not liable in their personal	12266
capacities on any obligations issued by the commissioners or any	12267
agreements of or with the commissioners.	12268

(K) Obligations issued under this section are lawful	12269
investments for banks, societies for savings, savings and loan	12270
associations, deposit guarantee associations, trust companies,	12271
trustees, fiduciaries, insurance companies, including domestic for	12272
life and domestic not for life, trustees or other officers having	12273
charge of sinking and bond retirement or other special funds of	12274
political subdivisions and taxing districts of this state, the	12275
commissioners of the sinking fund of the state, the administrator	12276
of workers' compensation, the state teachers retirement system,	12277
the public employees retirement system, the school employees	12278
retirement system, and the Ohio police and fire pension fund,	12279
notwithstanding any other provisions of the Revised Code or rules	12280
adopted pursuant thereto by any governmental agency of the state	12281
with respect to investments by them, and are also acceptable as	12282
security for the deposit of public moneys.	12283

(L) If the law or the instrument creating a trust pursuant to	12284
division (I) of this section expressly permits investment in	12285
direct obligations of the United States or an agency of the United	12286
States, unless expressly prohibited by the instrument, such moneys	12287
also may be invested in no-front-end-load money market mutual	12288
funds consisting exclusively of obligations of the United States	12289
or an agency of the United States and in repurchase agreements,	12290
including those issued by the fiduciary itself, secured by	12291
obligations of the United States or an agency of the United	12292
States; and in collective investment funds established in	12293
accordance with section 1111.14 of the Revised Code and consisting	12294
exclusively of any such securities, notwithstanding division	12295
(A)(1)(c) of that section. The income from such investments shall	12296
be credited to such funds as the commissioners of the sinking fund	12297
determine, and such investments may be sold at such times as the	12298
commissioners determine or authorize.	12299

(M) Provision may be made in the applicable bond proceedings	12300
for the establishment of separate accounts in the bond service	12301
fund and for the application of such accounts only to the	12302
specified bond service charges on obligations pertinent to such	12303
accounts and bond service fund and for other accounts therein	12304
within the general purposes of such fund. Moneys to the credit of	12305
the bond service fund shall be disbursed on the order of the	12306
treasurer of state; provided, that no such order is required for	12307
the payment from the bond service fund when due of bond service	12308
charges on obligations.	12309

(N) The commissioners of the sinking fund may pledge all, or	12310
such portion as they determine, of the receipts of the bond	12311
service fund to the payment of bond service charges on obligations	12312
issued under this section, and for the establishment and	12313
maintenance of any reserves, as provided in the bond proceedings,	12314
and make other provisions therein with respect to pledged receipts	12315
as authorized by this chapter, which provisions control	12316
notwithstanding any other provisions of law pertaining thereto.	12317

(O) The commissioners of the sinking fund may covenant in the	12318
bond proceedings, and any such covenants control notwithstanding	12319
any other provision of law, that the state and applicable officers	12320
and governmental agencies of the state, including the general	12321
assembly, so long as any obligations are outstanding, shall:	12322

(1) Maintain statutory authority for and cause to be levied	12323
and collected taxes so that the pledged receipts are sufficient in	12324
amount to meet bond service charges, and the establishment and	12325
maintenance of any reserves and other requirements provided for in	12326
the bond proceedings, and, as necessary, to meet covenants	12327
contained in any loan guarantees made under this chapter;	12328

(2) Take or permit no action, by statute or otherwise, that	12329
would impair the exemption from federal income taxation of the	12330
interest on the obligations.	12331

(P) All moneys received by or on account of the state and	12332
required by the applicable bond proceedings, consistent with this	12333
section, to be deposited, transferred, or credited to the coal	12334
research and development bond service fund, and all other moneys	12335
transferred or allocated to or received for the purposes of the	12336
fund, shall be credited to such fund and to any separate accounts	12337
therein, subject to applicable provisions of the bond proceedings,	12338
but without necessity for any act of appropriation. During the	12339
period beginning with the date of the first issuance of	12340
obligations and continuing during such time as any such	12341
obligations are outstanding, and so long as moneys in the bond	12342
service fund are insufficient to pay all bond service charges on	12343
such obligations becoming due in each year, a sufficient amount of	12344
moneys of the state are committed and shall be paid to the bond	12345
service fund in each year for the purpose of paying the bond	12346
service charges becoming due in that year without necessity for	12347
further act of appropriation for such purpose. The bond service	12348
fund is a trust fund and is hereby pledged to the payment of bond	12349
service charges to the extent provided in the applicable bond	12350
proceedings, and payment thereof from such fund shall be made or	12351
provided for by the treasurer of state in accordance with such	12352
bond proceedings without necessity for any act of appropriation.	12353
All investment earnings of the fund shall be credited to the fund.	12354

(Q) For purposes of establishing the limitations contained in	12355
Section 15 of Article VIII, Ohio Constitution, the "principal	12356
amount" refers to the aggregate of the offering price of the bonds	12357
or notes. "Principal amount" does not refer to the aggregate value	12358
at maturity or redemption of the bonds or notes.	12359

(R) This section applies only with respect to obligations	12360
issued and delivered prior to September 30, 2000.	12361

Sec. 1557.03. (A)(1) The commissioners of the sinking fund	12362
are authorized to issue and sell, as provided in this section and	12363
in amounts from time to time authorized by the general assembly,	12364
general obligations of this state for the purpose of financing or	12365
assisting in the financing of the costs of projects. The full	12366
faith and credit, revenues, and taxing power of the state are and	12367
shall be pledged to the timely payment of debt charges on	12368
outstanding obligations, all in accordance with Section 2l of	12369
Article VIII, Ohio Constitution, and Chapter 1557. of the Revised	12370
Code, excluding from that pledge fees, excises, or taxes relating	12371
to the registration, operation, or use of vehicles on the public	12372
highways, or to fuels used for propelling those vehicles, and so	12373
long as such obligations are outstanding there shall be levied and	12374
collected excises and taxes, excluding those excepted above, in	12375
amount sufficient to pay the debt charges on such obligations and	12376
financing costs relating to credit enhancement facilities.	12377

(2) For meetings of the commissioners of the sinking fund	12378
pertaining to the obligations under this chapter, each of the	12379
commissioners may designate an employee or officer of that	12380
commissioner's office to attend meetings when that commissioner is	12381
absent for any reason, and such designee, when present, shall be	12382
counted in determining whether a quorum is present at any meeting	12383
and may vote and participate in all proceedings and actions of the	12384
commissioners at that meeting pertaining to the obligations,	12385
provided, that such designee shall not execute or cause a	12386
facsimile of the designee's signature to be placed on any	12387
obligation, or execute any trust agreement or indenture of the	12388
commissioners. Such designation shall be in writing, executed by	12389
the designating member, and shall be filed with the secretary of	12390
the commissioners and such designation may be changed from time to	12391
time by a similar written designation.	12392

(B) The total principal amount of obligations outstanding at	12393
any one time shall not exceed two hundred million dollars, and not	12394
more than fifty million dollars in principal amount of obligations	12395
to pay costs of projects may be issued in any fiscal year, all	12396
determined as provided in Chapter 1557. of the Revised Code.	12397

(C) The state may participate by grants or contributions in	12398
financing projects under this section made by local government	12399
entities. Of the proceeds of the first two hundred million dollars	12400
principal amount in obligations issued under this section to pay	12401
costs of projects, at least twenty per cent shall be allocated in	12402
accordance with section 1557.06 of the Revised Code to grants or	12403
contributions to local government entities. The director of budget	12404
and management shall establish and maintain records in such manner	12405
as to show that the proceeds credited to the Ohio parks and	12406
natural resources fund have been expended for the purposes and in	12407
accordance with the limitations set forth herein.	12408

(D) Each issue of obligations shall be authorized by	12409
resolution of the commissioners of the sinking fund. The bond	12410
proceedings shall provide for the principal amount or maximum	12411
principal amount of obligations of an issue, and shall provide for	12412
or authorize the manner or agency for determining the principal	12413
maturity or maturities, not exceeding the earlier of twenty-five	12414
years from the date the debt represented by the particular	12415
obligations was originally contracted, the interest rate or rates,	12416
the date of and the dates of payment of interest on the	12417
obligations, their denominations, and the establishment within or	12418
without the state of a place or places of payment of debt charges.	12419
Sections 9.96 and 9.98 to 9.983 of the Revised Code are applicable	12420
to the obligations. The purpose of the obligations may be stated	12421
in the bond proceedings as "financing or assisting in the	12422
financing of projects as provided in Section 2l of Article VIII,	12423
Ohio Constitution."	12424

(E) The proceeds of the obligations, except for any portion	12425
to be deposited in special funds, or in escrow funds for the	12426
purpose of refunding outstanding obligations, all as may be	12427
provided in the bond proceedings, shall be deposited in the Ohio	12428
parks and natural resources fund established by section 1557.02 of	12429
the Revised Code.	12430

(F) The commissioners of the sinking fund may appoint paying	12431
agents, bond registrars, securities depositories, and transfer	12432
agents, and may retain the services of financial advisers and	12433
accounting experts, and retain or contract for the services of	12434
marketing, remarketing, indexing, and administrative agents, other	12435
consultants, and independent contractors, including printing	12436
services, as are necessary in the judgment of the commissioners to	12437
carry out this chapter of the Revised Code. Financing costs are	12438
payable, as provided in the bond proceedings, from the proceeds of	12439
the obligations, from special funds, or from other moneys	12440
available for the purpose.	12441

(G) The bond proceedings, including any trust agreement, may	12442
contain additional provisions customary or appropriate to the	12443
financing or to the obligations or to particular obligations,	12444
including, but not limited to:	12445

(1) The redemption of obligations prior to maturity at the	12446
option of the state or of the holder or upon the occurrence of	12447
certain conditions at such price or prices and under such terms	12448
and conditions as are provided in the bond proceedings;	12449

(2) The form of and other terms of the obligations;

12450

(3) The establishment, deposit, investment, and application	12451
of special funds, and the safeguarding of moneys on hand or on	12452
deposit, without regard to Chapter 131. or 135. of the Revised	12453
Code, provided that any bank or trust company that acts as a	12454
depository of any moneys in special funds may furnish such	12455
indemnifying bonds or may pledge such securities as required by	12456
the commissioners of the sinking fund;	12457

(4) Any or every provision of the bond proceedings binding	12458
upon the commissioners of the sinking fund and such state agency	12459
or local government entities, officer, board, commission,	12460
authority, agency, department, or other person or body as may from	12461
time to time have the authority under law to take such actions as	12462
may be necessary to perform all or any part of the duty required	12463
by such provision;	12464

(5) The maintenance of each pledge, any trust agreement, or	12465
other instrument composing part of the bond proceedings until the	12466
state has fully paid or provided for the payment of the debt	12467
charges on the obligations or met other stated conditions;	12468

(6) In the event of default in any payments required to be	12469
made by the bond proceedings, or any other agreement of the	12470
commissioners of the sinking fund made as part of a contract under	12471
which the obligations were issued or secured, the enforcement of	12472
such payments or agreements by mandamus, suit in equity, action at	12473
law, or any combination of the foregoing;	12474

(7) The rights and remedies of the holders of obligations and	12475
of the trustee under any trust agreement, and provisions for	12476
protecting and enforcing them, including limitations on rights of	12477
individual holders of obligations;	12478

(8) The replacement of any obligations that become mutilated	12479
or are destroyed, lost, or stolen;	12480

(9) Provision for the funding, refunding, or advance	12481
refunding or other provision for payment of obligations which will	12482
then no longer be or be deemed to be outstanding for purposes of	12483
this section or of the bond proceedings;	12484

(10) Any provision that may be made in bond proceedings or a	12485
trust agreement, including provision for amendment of the bond	12486
proceedings;	12487

(11) Such other provisions as the commissioners of the	12488
sinking fund determine, including limitations, conditions, or	12489
qualifications relating to any of the foregoing;	12490

(12) Any other or additional agreements with the holders of	12491
the obligations relating to the obligations or the security for	12492
the obligations.	12493

(H) The great seal of the state or a facsimile of that seal	12494
may be affixed to or printed on the obligations. The obligations	12495
shall be signed by or bear the facsimile signatures of two or more	12496
of the commissioners of the sinking fund as provided in the bond	12497
proceedings. Any obligations may be signed by the person who, on	12498
the date of execution, is the authorized signer although on the	12499
date of such obligations such person was not a commissioner. In	12500
case the individual whose signature or a facsimile of whose	12501
signature appears on any obligation ceases to be a commissioner	12502
before delivery of the obligation, such signature or facsimile is	12503
nevertheless valid and sufficient for all purposes as if the	12504
individual had remained the member until such delivery, and in	12505
case the seal to be affixed to or printed on obligations has been	12506
changed after the seal has been affixed to or a facsimile of the	12507
seal has been printed on the obligations, that seal or facsimile	12508
seal shall continue to be sufficient as to those obligations and	12509
obligations issued in substitution or exchange therefor.	12510

(I) Obligations may be issued in coupon or in fully	12511
registered form, or both, as the commissioners of the sinking fund	12512
determine. Provision may be made for the registration of any	12513
obligations with coupons attached as to principal alone or as to	12514
both principal and interest, their exchange for obligations so	12515
registered, and for the conversion or reconversion into	12516
obligations with coupons attached of any obligations registered as	12517
to both principal and interest, and for reasonable charges for	12518
such registration, exchange, conversion, and reconversion. Pending	12519
preparation of definitive obligations, the commissioners of the	12520
sinking fund may issue interim receipts or certificates which	12521
shall be exchanged for such definitive obligations.	12522

(J) Obligations may be sold at public sale or at private	12523
sale, and at such price at, above, or below par, as determined by	12524
the commissioners of the sinking fund in the bond proceedings.	12525

(K) In the discretion of the commissioners of the sinking	12526
fund, obligations may be secured additionally by a trust agreement	12527
between the state and a corporate trustee which may be any trust	12528
company or bank having ~~its principal~~a place of business within	12529
the state. Any trust agreement may contain the resolution	12530
authorizing the issuance of the obligations, any provisions that	12531
may be contained in the bond proceedings, and other provisions	12532
that are customary or appropriate in an agreement of the type.	12533

(L) Except to the extent that their rights are restricted by	12534
the bond proceedings, any holder of obligations, or a trustee	12535
under the bond proceedings, may by any suitable form of legal	12536
proceedings protect and enforce any rights under the laws of this	12537
state or granted by the bond proceedings. Such rights include the	12538
right to compel the performance of all duties of the commissioners	12539
and the state. Each duty of the commissioners and employees of the	12540
commissioners, and of each state agency and local public entity	12541
and its officers, members, or employees, undertaken pursuant to	12542
the bond proceedings, is hereby established as a duty of the	12543
commissioners, and of each such agency, local government entity,	12544
officer, member, or employee having authority to perform such	12545
duty, specifically enjoined by the law and resulting from an	12546
office, trust, or station within the meaning of section 2731.01 of	12547
the Revised Code. The persons who are at the time the	12548
commissioners, or employees of the commissioners, are not liable	12549
in their personal capacities on any obligations or any agreements	12550
of or with the commissioners relating to obligations or under the	12551
bond proceedings.	12552

(M) Obligations are lawful investments for banks, societies	12553
for savings, savings and loan associations, deposit guarantee	12554
associations, trust companies, trustees, fiduciaries, insurance	12555
companies, including domestic for life and domestic not for life,	12556
trustees or other officers having charge of sinking and bond	12557
retirement or other special funds of political subdivisions and	12558
taxing districts of this state, the commissioners of the sinking	12559
fund, the administrator of workers' compensation, the state	12560
teachers retirement system, the public employees retirement	12561
system, the school employees retirement system, and the Ohio	12562
police and fire pension fund, notwithstanding any other provisions	12563
of the Revised Code or rules adopted pursuant thereto by any state	12564
agency with respect to investments by them, and are also	12565
acceptable as security for the deposit of public moneys.	12566

(N) Unless otherwise provided in any applicable bond	12567
proceedings, moneys to the credit of or in the special funds	12568
established by or pursuant to this section may be invested by or	12569
on behalf of the commissioners of the sinking fund only in notes,	12570
bonds, or other direct obligations of the United States or of any	12571
agency or instrumentality of the United States, in obligations of	12572
this state or any political subdivision of this state, in	12573
certificates of deposit of any national bank located in this state	12574
and any bank, as defined in section 1101.01 of the Revised Code,	12575
subject to inspection by the superintendent of financial	12576
institutions, in the Ohio subdivision's fund established pursuant	12577
to section 135.45 of the Revised Code, in no-front-end-load money	12578
market mutual funds consisting exclusively of direct obligations	12579
of the United States or of an agency or instrumentality of the	12580
United States, and in repurchase agreements, including those	12581
issued by any fiduciary, secured by direct obligations of the	12582
United States or an agency or instrumentality of the United	12583
States, and in collective investment funds established in	12584
accordance with section 1111.14 of the Revised Code and consisting	12585
exclusively of direct obligations of the United States or of an	12586
agency or instrumentality of the United States, notwithstanding	12587
division (A)(1)(c) of that section. The income from investments	12588
shall be credited to such special funds or otherwise as the	12589
commissioners of the sinking fund determine in the bond	12590
proceedings, and the investments may be sold or exchanged at such	12591
times as the commissioners determine or authorize.	12592

(O) Unless otherwise provided in any applicable bond	12593
proceedings, moneys to the credit of or in a special fund shall be	12594
disbursed on the order of the commissioners of the sinking fund,	12595
provided that no such order is required for the payment from the	12596
bond service fund or other special fund when due of debt charges	12597
or required payments under credit enhancement facilities.	12598

(P) The commissioners of the sinking fund may covenant in the	12599
bond proceedings, and any such covenants shall be controlling	12600
notwithstanding any other provision of law, that the state and the	12601
applicable officers and agencies of the state, including the	12602
general assembly, so long as any obligations are outstanding in	12603
accordance with their terms, shall maintain statutory authority	12604
for and cause to be charged and collected taxes, excises, and	12605
other receipts of the state so that the receipts to the bond	12606
service fund shall be sufficient in amounts to meet debt charges	12607
and for the establishment and maintenance of any reserves and	12608
other requirements, including payment of the costs of credit	12609
enhancement facilities, provided for in the bond proceedings.	12610

(Q) The obligations, the transfer thereof, and the interest,	12611
other accreted amounts, and other income therefrom, including any	12612
profit made on the sale thereof, at all times shall be free from	12613
taxation, direct or indirect, within the state.	12614

(R) This section applies only with respect to obligations	12615
issued and delivered before September 30, 2000.	12616

Sec. 1713.031. The Ohio board of regents shall review an	12617
application for a certificate of authorization from a school	12618
described in division (E) of section 3332.01 of the Revised Code	12619
within twenty-two weeks.	12620

Sec. 1901.34. (A) Except as provided in divisions (B) and	12621
(D) of this section, the village solicitor, city director of law,	12622
or similar chief legal officer for each municipal corporation	12623
within the territory of a municipal court shall prosecute all	12624
cases brought before the municipal court for criminal offenses	12625
occurring within the municipal corporation for which that person	12626
is the solicitor, director of law, or similar chief legal officer.	12627
Except as provided in division (B) of this section, the village	12628
solicitor, city director of law, or similar chief legal officer of	12629
the municipal corporation in which a municipal court is located	12630
shall prosecute all criminal cases brought before the court	12631
arising in the unincorporated areas within the territory of the	12632
municipal court.	12633

(B) The Auglaize county, Brown county, Clermont county,	12634
Hocking county, Holmes county, Jackson county, Morrow county,	12635
Ottawa county, and Portage county prosecuting attorneys shall	12636
prosecute in municipal court all violations of state law arising	12637
in their respective counties. The Carroll county, Crawford county,	12638
Hamilton county, Madison county, and Wayne county prosecuting	12639
attorneys and beginning January 1, 2008, the Erie county	12640
prosecuting attorney shall prosecute all violations of state law	12641
arising within the unincorporated areas of their respective	12642
counties. The Columbiana county prosecuting attorney shall	12643
prosecute in the Columbiana county municipal court all violations	12644
of state law arising in the county, except for violations arising	12645
in the municipal corporation of East Liverpool, Liverpool	12646
township, or St. Clair township. The Darke county prosecuting	12647
attorney shall prosecute in the Darke county municipal court all	12648
violations of state law arising in the county, except for	12649
violations of state law arising in the municipal corporation of	12650
Greenville and violations of state law arising in the village of	12651
Versailles. The Greene county ~~prosecuting attorney may, with the~~	12652
~~concurrence of the Greene county~~ board of county commissioners,	12653
~~prosecute in the Fairborn municipal court~~may provide for the	12654
prosecution of all violations of state law arising within the	12655
~~unincorporated areas of Bath and Beavercreek townships in Greene~~	12656
~~county and prosecute in the Xenia municipal court all violations~~	12657
~~of state law arising within the unincorporated areas of~~	12658
~~Ceasarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross,~~	12659
~~Silvercreek, Spring Valley, Sugarcreek, and Xenia townships~~	12660
territorial jurisdiction of any municipal court located in Greene	12661
county.	12662

The prosecuting attorney of any county given the duty of	12663
prosecuting in municipal court violations of state law shall	12664
receive no additional compensation for assuming these additional	12665
duties, except that the prosecuting attorney of Hamilton, Portage,	12666
and Wayne counties shall receive compensation at the rate of four	12667
thousand eight hundred dollars per year, and the prosecuting	12668
attorney of Auglaize county shall receive compensation at the rate	12669
of one thousand eight hundred dollars per year, each payable from	12670
the county treasury of the respective counties in semimonthly	12671
installments.	12672

(C) The village solicitor, city director of law, or similar	12673
chief legal officer shall perform the same duties, insofar as they	12674
are applicable to the village solicitor, city director of law, or	12675
similar chief legal officer, as are required of the prosecuting	12676
attorney of the county. The village solicitor, city director of	12677
law, similar chief legal officer or any assistants who may be	12678
appointed shall receive for such services additional compensation	12679
to be paid from the treasury of the county as the board of county	12680
commissioners prescribes.	12681

(D) The prosecuting attorney of any county, other than	12682
Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow,	12683
Ottawa, or Portage county, may enter into an agreement with any	12684
municipal corporation in the county in which the prosecuting	12685
attorney serves pursuant to which the prosecuting attorney	12686
prosecutes all criminal cases brought before the municipal court	12687
that has territorial jurisdiction over that municipal corporation	12688
for criminal offenses occurring within the municipal corporation.	12689
The prosecuting attorney of Auglaize, Brown, Clermont, Hocking,	12690
Holmes, Jackson, Morrow, Ottawa, or Portage county may enter into	12691
an agreement with any municipal corporation in the county in	12692
which the prosecuting attorney serves pursuant to which the	12693
respective prosecuting attorney prosecutes all cases brought	12694
before the Auglaize county, Brown county, Clermont county, Hocking	12695
county, Holmes county, Jackson county, Morrow county, Ottawa	12696
county, or Portage county municipal court for violations of the	12697
ordinances of the municipal corporation or for criminal offenses	12698
other than violations of state law occurring within the municipal	12699
corporation. For prosecuting these cases, the prosecuting attorney	12700
and the municipal corporation may agree upon a fee to be paid by	12701
the municipal corporation, which fee shall be paid into the county	12702
treasury, to be used to cover expenses of the office of the	12703
prosecuting attorney.	12704

Sec. 2113.041. (A) The administrator of the medicaid estate	12705
recovery program established pursuant to section 5111.11 of the	12706
Revised Code may present an affidavit to a financial institution	12707
requesting that the financial institution release account proceeds	12708
to recover the cost of services correctly provided to a medicaid	12709
recipient who is subject to the medicaid estate recovery program.	12710
The affidavit shall include all of the following information:	12711

(1) The name of the decedent;

12712

(2) The name of any person who gave notice that the decedent	12713
was a medicaid recipient and that person's relationship to the	12714
decedent;	12715

(3) The name of the financial institution;

12716

(4) The account number;

12717

(5) A description of the claim for estate recovery;

12718

(6) The amount of funds to be recovered.

12719

(B) A financial institution may release account proceeds to	12720
the administrator of the medicaid estate recovery program if all	12721
of the following apply:	12722

(1) The decedent held an account at the financial	12723
institution that was in the decedent's name only.	12724

(2) No estate has been, and it is reasonable to assume that	12725
no estate will be, opened for the decedent.	12726

(3) The decedent has no outstanding debts known to the	12727
administrator of the medicaid estate recovery program.	12728

(4) The financial institution has received no objections or	12729
has determined that no valid objections to release of proceeds	12730
have been received.	12731

(C) If proceeds have been released pursuant to division (B)	12732
of this section and the department of job and family services	12733
receives notice of a valid claim to the proceeds that has a higher	12734
priority under section 2117.25 of the Revised Code than the claim	12735
of the medicaid estate recovery program, the department may refund	12736
the proceeds to the financial institution or pay them to the	12737
person or government entity with the claim.	12738

Sec. 2117.061. (A) As used in this section:

12739

(1) "Medicaid estate recovery program" means the program	12740
instituted under section 5111.11 of the Revised Code.	12741

(2) "Permanently institutionalized individual" has the same	12742
meaning as in section 5111.11 of the Revised Code.	12743

(3) "Person responsible for the estate" means the executor,	12744
administrator, commissioner, or person who filed pursuant to	12745
section 2113.03 of the Revised Code for release from	12746
administration of an estate.	12747

(B) ~~If a decedent, at the time of death, was fifty-five years~~	12748
~~of age or older or a permanently institutionalized individual, the~~	12749
~~person responsible for the decedent's estate shall determine~~	12750
~~whether the decedent was, at any time during the decedent's life,~~	12751
~~a medicaid recipient under Chapter 5111. of the Revised Code. If~~	12752
~~the decedent was a medicaid recipient, the~~The person responsible	12753
for the estate of a decedent subject to the medicaid estate	12754
recovery program or the estate of a decedent who was the spouse of	12755
a decedent subject to the medicaid estate recovery program shall	12756
submit a properly completed medicaid estate recovery reporting	12757
form prescribed under division (D) of this section to the	12758
administrator of the medicaid estate recovery program not later	12759
than thirty days after the occurrence of any of the following:	12760

(1) The granting of letters testamentary;

12761

(2) The administration of the estate;

12762

(3) The filing of an application for release from	12763
administration or summary release from administration.	12764

(C) The person responsible for the estate shall mark the	12765
appropriate box on the appropriate probate form to indicate	12766
compliance with the requirements of division (B) of this section.	12767

The probate court shall send a copy of the completed probate	12768
form to the administrator of the medicaid estate recovery program.	12769

(D) The administrator of the medicaid estate recovery program	12770
shall prescribe a medicaid estate recovery reporting form for the	12771
purpose of division (B) of this section. ~~The~~In the case of a	12772
decedent subject to the medicaid estate recovery program, the form	12773
shall require, at a minimum, that the person responsible for the	12774
estate list all of the decedent's real and personal property and	12775
other assets that are part of the decedent's estate as defined in	12776
section 5111.11 of the Revised Code. In the case of a decedent who	12777
was the spouse of a decedent subject to the medicaid estate	12778
recovery program, the form shall require, at a minimum, that the	12779
person responsible for the estate list all of the decedent's real	12780
and personal property and other assets that are part of the	12781
decedent's estate as defined in section 5111.11 of the Revised	12782
Code and were also part of the estate, as so defined, of the	12783
decedent subject to the medicaid estate recovery program. The	12784
administrator shall include on the form a statement printed in	12785
bold letters informing the person responsible for the estate that	12786
knowingly making a false statement on the form is falsification	12787
under section 2921.13 of the Revised Code, a misdemeanor of the	12788
first degree.	12789

(E) The ~~estate recovery program~~ administrator of the medicaid	12790
estate recovery program shall present a claim for estate recovery	12791
to the person responsible for the estate of the decedent or the	12792
person's legal representative not later than ninety days after the	12793
date on which the medicaid estate recovery reporting form is	12794
received under division (B) of this section or one year after the	12795
decedent's death, whichever is later.	12796

Sec. 2117.25. (A) Every executor or administrator shall	12797
proceed with diligence to pay the debts of the decedent and shall	12798
apply the assets in the following order:	12799

(1) Costs and expenses of administration;

12800

(2) An amount, not exceeding four thousand dollars, for	12801
funeral expenses that are included in the bill of a funeral	12802
director, funeral expenses other than those in the bill of a	12803
funeral director that are approved by the probate court, and an	12804
amount, not exceeding three thousand dollars, for burial and	12805
cemetery expenses, including that portion of the funeral	12806
director's bill allocated to cemetery expenses that have been paid	12807
to the cemetery by the funeral director.	12808

For purposes of this division, burial and cemetery expenses	12809
shall be limited to the following:	12810

(a) The purchase of a right of interment;

12811

(b) Monuments or other markers;

12812

12813

(d) The cost of opening and closing the place of interment;

12814

(e) The urn.

12815

(3) The allowance for support made to the surviving spouse,	12816
minor children, or both under section 2106.13 of the Revised Code;	12817

(4) Debts entitled to a preference under the laws of the	12818
United States;	12819

(5) Expenses of the last sickness of the decedent;

12820

(6) If the total bill of a funeral director for funeral	12821
expenses exceeds four thousand dollars, then, in addition to the	12822
amount described in division (A)(2) of this section, an amount,	12823
not exceeding two thousand dollars, for funeral expenses that are	12824
included in the bill and that exceed four thousand dollars;	12825

(7) Personal property taxes, claims made under the medicaid	12826
estate recovery program instituted pursuant to section 5111.11 of	12827
the Revised Code, and obligations for which the decedent was	12828
personally liable to the state or any of its subdivisions;	12829

(8) Debts for manual labor performed for the decedent within	12830
twelve months preceding the decedent's death, not exceeding three	12831
hundred dollars to any one person;	12832

(9) Other debts for which claims have been presented and	12833
finally allowed.	12834

(B) The part of the bill of a funeral director that exceeds	12835
the total of six thousand dollars as described in divisions (A)(2)	12836
and (6) of this section, and the part of a claim included in	12837
division (A)(8) of this section that exceeds three hundred dollars	12838
shall be included as a debt under division (A)(9) of this section,	12839
depending upon the time when the claim for the additional amount	12840
is presented.	12841

(C) Any natural person or fiduciary who pays a claim of any	12842
creditor described in division (A) of this section shall be	12843
subrogated to the rights of that creditor proportionate to the	12844
amount of the payment and shall be entitled to reimbursement for	12845
that amount in accordance with the priority of payments set forth	12846
in that division.	12847

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	12848
to the manner in which and the time within which claims shall be	12849
presented, shall apply to claims set forth in divisions (A)(2),	12850
(6), and (8) of this section. Claims for an expense of	12851
administration or for the allowance for support need not be	12852
presented. The executor or administrator shall pay debts included	12853
in divisions (A)(4) and (7) of this section, of which the executor	12854
or administrator has knowledge, regardless of presentation.	12855

(2) The giving of written notice to an executor or	12856
administrator of a motion or application to revive an action	12857
pending against the decedent at the date of death shall be	12858
equivalent to the presentation of a claim to the executor or	12859
administrator for the purpose of determining the order of payment	12860
of any judgment rendered or decree entered in such an action.	12861

(E) No payments shall be made to creditors of one class until	12862
all those of the preceding class are fully paid or provided for.	12863
If the assets are insufficient to pay all the claims of one class,	12864
the creditors of that class shall be paid ratably.	12865

(F) If it appears at any time that the assets have been	12866
exhausted in paying prior or preferred charges, allowances, or	12867
claims, those payments shall be a bar to an action on any claim	12868
not entitled to that priority or preference.	12869

Sec. 2151.362. (A)(1) In the manner prescribed by division	12870
(C)(1) or (2) of section 3313.64 of the Revised Code, as	12871
applicable, the court, at the time of making any order that	12872
removes a child from the child's own home or that vests legal or	12873
permanent custody of the child in a person other than the child's	12874
parent or a government agency, shall determine the school district	12875
that is to bear the cost of educating the child. The court shall	12876
make the determination a part of the order that provides for the	12877
child's placement or commitment. That school district shall bear	12878
the cost of educating the child unless and until the ~~court~~	12879
~~modifies its order~~department of education determines that a	12880
different district shall be responsible for bearing that cost	12881
pursuant to division (A)(2) of this section. The court's order	12882
shall state that the determination of which school district is	12883
responsible to bear the cost of educating the child is subject to	12884
re-determination by the department pursuant to that division.	12885

(2) If, while the child is in the custody of a person other	12886
than the child's parent or a government agency, the department of	12887
education ~~notifies the court~~determines that the place of	12888
residence of the child's parent has changed since the court issued	12889
its initial order, the ~~court~~department may ~~modify its order to~~	12890
name a different school district to bear the cost of educating the	12891
child. The department ~~may submit the notice to the court upon~~	12892
~~receipt,~~shall make this new determination, and any future	12893
determinations, based on evidence received from the school	12894
district ~~initially ordered~~currently responsible to bear the cost	12895
of educating the child~~, of evidence acceptable to the department~~.	12896
If the department finds that the evidence demonstrates to its	12897
satisfaction that the residence of the child's parent has changed	12898
since the court issued its initial order~~. In the notice to the~~	12899
~~court, the department shall recommend to the court whether a~~	12900
~~different district should be ordered to bear the cost of educating~~	12901
~~the child and, if so, which district should be so ordered. The~~	12902
under division (A)(1) of this section, or since the department	12903
last made a determination under division (A)(2) of this section,	12904
the department shall ~~recommend to the court~~name the district in	12905
which the child's parent currently resides or, if the parent's	12906
residence is not known, the district in which the parent's last	12907
known residence is located. If the department cannot determine any	12908
Ohio district in which the parent currently resides or has	12909
resided, the school district designated in the initial court order	12910
under division (A)(1) of this section, or in the most recent	12911
determination made by the department under division (A)(2) of this	12912
section, shall continue to bear the cost of educating the child.	12913

~~The court may consider the content of a notice by the~~	12914
~~department of education under division (A)(2) of this section as~~	12915
~~conclusive evidence as to which school district should bear the~~	12916
~~cost of educating the child and may amend its order accordingly.~~	12917

(B) Whenever a child is placed in a detention facility	12918
established under section 2152.41 of the Revised Code or a	12919
juvenile facility established under section 2151.65 of the Revised	12920
Code, the child's school district as determined by the court or	12921
the department, in the same manner as prescribed in division (A)	12922
of this section, shall pay the cost of educating the child based	12923
on the per capita cost of the educational facility within the	12924
detention home or juvenile facility.	12925

(C) Whenever a child is placed by the court in a private	12926
institution, school, or residential treatment center or any other	12927
private facility, the state shall pay to the court a subsidy to	12928
help defray the expense of educating the child in an amount equal	12929
to the product of the daily per capita educational cost of the	12930
private facility, as determined pursuant to this section, and the	12931
number of days the child resides at the private facility, provided	12932
that the subsidy shall not exceed twenty-five hundred dollars per	12933
year per child. The daily per capita educational cost of a private	12934
facility shall be determined by dividing the actual program cost	12935
of the private facility or twenty-five hundred dollars, whichever	12936
is less, by three hundred sixty-five days or by three hundred	12937
sixty-six days for years that include February twenty-ninth. The	12938
state shall pay seventy-five per cent of the total subsidy for	12939
each year quarterly to the court. The state may adjust the	12940
remaining twenty-five per cent of the total subsidy to be paid to	12941
the court for each year to an amount that is less than twenty-five	12942
per cent of the total subsidy for that year based upon the	12943
availability of funds appropriated to the department of education	12944
for the purpose of subsidizing courts that place a child in a	12945
private institution, school, or residential treatment center or	12946
any other private facility and shall pay that adjusted amount to	12947
the court at the end of the year.	12948

Sec. 2305.2341. (A) The medical liability insurance	12949
reimbursement program is hereby established. Free clinics and	12950
federally qualified health center look-alikes, including the	12951
clinics' and centers' staff and volunteer health care	12952
professionals and volunteer health care workers, may participate	12953
in the medical liability insurance reimbursement program	12954
established by this section. The coverage provided under the	12955
program shall be limited to claims that arise out of the	12956
diagnosis, treatment, and care of patients of free clinics and	12957
centers, as defined in division (D)~~(1)~~ of this section.	12958

(B) A free clinic or federally qualified health center	12959
look-alike is eligible to receive reimbursement under the medical	12960
liability insurance reimbursement program for the premiums that	12961
the clinic or center pays for medical liability insurance coverage	12962
for the clinic or center, its staff, and volunteer health care	12963
professionals and health care workers. Free clinics and federally	12964
qualified health center look-alikes shall register with the	12965
department of health by the thirty-first day of January of each	12966
year in order to participate in and to obtain reimbursement under	12967
the program. ~~Free~~Clinics that register with the department in	12968
accordance with this division shall receive priority over centers	12969
that register for reimbursement.	12970

Free clinics and federally qualified health center	12971
look-alikes shall provide all of the following to the department	12972
of health at the time of registration:	12973

(1) A statement of the number of volunteer and paid health	12974
care professionals and health care workers providing health care	12975
services at the free clinic or federally qualified health center	12976
look-alike at that time;	12977

(2) A statement of the number of health care services	12978
rendered by the free clinic or federally qualified health center	12979
look-alike during the previous fiscal year;	12980

(3) A signed form acknowledging that the free clinic or	12981
federally qualified health center look-alike agrees to follow its	12982
medical liability insurer's risk management and loss prevention	12983
policies;	12984

(4) A copy of the medical liability insurance policy	12985
purchased by the free clinic or federally qualified health center	12986
look-alike, or the policy's declaration page, and documentation of	12987
the premiums paid by the clinic or center.	12988

(C) The department of health shall reimburse free clinics and	12989
federally qualified health center look-alikes participating in the	12990
professional liability insurance reimbursement program for up to	12991
eighty per cent of the premiums that the ~~free~~ clinic or center	12992
pays for medical liability insurance coverage up to twenty	12993
thousand dollars. Appropriations to the department of health may	12994
be made from the general fund of the state for this purpose.	12995

(D) As used in this section:

12996

(1) "Federally qualified health center look-alike" means a	12997
public or not-for-profit health center that meets the eligibility	12998
requirements to receive a federal public health services grant	12999
under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C.	13000
254b, as amended, but does not receive grant funding.	13001

(2) "Free clinic" means a nonprofit organization exempt from	13002
federal income taxation under section 501(c)(3) of the "Internal	13003
Revenue Code of 1986," as amended, or a program component of a	13004
nonprofit organization, whose primary mission is to provide health	13005
care services for free or for a minimal administrative fee to	13006
individuals with limited resources. A free clinic facilitates the	13007
delivery of health care services through the use of volunteer	13008
health care professionals and voluntary care networks. For this	13009
purpose, a free clinic shall comply with all of the following:	13010

(a) If a free clinic does request a minimal administrative	13011
fee, a free clinic shall not deny an individual access to its	13012
health care services based on an individual's ability to pay the	13013
fee.	13014

(b) A free clinic shall not bill a patient for health care	13015
services rendered.	13016

(c) Free clinics shall not perform operations, as defined by	13017
divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised	13018
Code.	13019

A clinic is not a free clinic if the clinic bills medicaid,	13020
medicare, or other third-party payers for health care services	13021
rendered at the clinic, and receives twenty-five per cent or more	13022
of the clinic's annual revenue from the third-party payments.	13023

~~(2)~~(3) "Health care professional" and "health care worker"	13024
have the same meanings as in section 2305.234 of the Revised Code.	13025

Sec. 2744.02. (A)(1) For the purposes of this chapter, the	13026
functions of political subdivisions are hereby classified as	13027
governmental functions and proprietary functions. Except as	13028
provided in division (B) of this section, a political subdivision	13029
is not liable in damages in a civil action for injury, death, or	13030
loss to person or property allegedly caused by any act or omission	13031
of the political subdivision or an employee of the political	13032
subdivision in connection with a governmental or proprietary	13033
function.	13034

(2) The defenses and immunities conferred under this chapter	13035
apply in connection with all governmental and proprietary	13036
functions performed by a political subdivision and its employees,	13037
whether performed on behalf of that political subdivision or on	13038
behalf of another political subdivision.	13039

(3) Subject to statutory limitations upon their monetary	13040
jurisdiction, the courts of common pleas, the municipal courts,	13041
and the county courts have jurisdiction to hear and determine	13042
civil actions governed by or brought pursuant to this chapter.	13043

(B) Subject to sections 2744.03 and 2744.05 of the Revised	13044
Code, a political subdivision is liable in damages in a civil	13045
action for injury, death, or loss to person or property allegedly	13046
caused by an act or omission of the political subdivision or of	13047
any of its employees in connection with a governmental or	13048
proprietary function, as follows:	13049

(1) Except as otherwise provided in this division, political	13050
subdivisions are liable for injury, death, or loss to person or	13051
property caused by the negligent operation of any motor vehicle by	13052
their employees when the employees are engaged within the scope of	13053
their employment and authority. The following are full defenses to	13054
that liability:	13055

(a) A member of a municipal corporation police department or	13056
any other police agency was operating a motor vehicle while	13057
responding to an emergency call and the operation of the vehicle	13058
did not constitute willful or wanton misconduct;	13059

(b) A member of a municipal corporation fire department or	13060
any other firefighting agency was operating a motor vehicle while	13061
engaged in duty at a fire, proceeding toward a place where a fire	13062
is in progress or is believed to be in progress, or answering any	13063
other emergency alarm and the operation of the vehicle did not	13064
constitute willful or wanton misconduct;	13065

(c) A member of an emergency medical service owned or	13066
operated by a political subdivision was operating a motor vehicle	13067
while responding to or completing a call for emergency medical	13068
care or treatment, the member was holding a valid commercial	13069
driver's license issued pursuant to Chapter 4506. or a driver's	13070
license issued pursuant to Chapter 4507. of the Revised Code, the	13071
operation of the vehicle did not constitute willful or wanton	13072
misconduct, and the operation complies with the precautions of	13073
section 4511.03 of the Revised Code.	13074

(2) Except as otherwise provided in sections 3314.07 and	13075
3746.24 of the Revised Code, political subdivisions are liable for	13076
injury, death, or loss to person or property caused by the	13077
negligent performance of acts by their employees with respect to	13078
proprietary functions of the political subdivisions.	13079

(3) Except as otherwise provided in section 3746.24 of the	13080
Revised Code, political subdivisions are liable for injury, death,	13081
or loss to person or property caused by their negligent failure to	13082
keep public roads in repair and other negligent failure to remove	13083
obstructions from public roads, except that it is a full defense	13084
to that liability, when a bridge within a municipal corporation is	13085
involved, that the municipal corporation does not have the	13086
responsibility for maintaining or inspecting the bridge.	13087

(4) Except as otherwise provided in section 3746.24 of the	13088
Revised Code, political subdivisions are liable for injury, death,	13089
or loss to person or property that is caused by the negligence of	13090
their employees and that occurs within or on the grounds of, and	13091
is due to physical defects within or on the grounds of, buildings	13092
that are used in connection with the performance of a governmental	13093
function, including, but not limited to, office buildings and	13094
courthouses, but not including jails, places of juvenile	13095
detention, workhouses, or any other detention facility, as defined	13096
in section 2921.01 of the Revised Code.	13097

(5) In addition to the circumstances described in divisions	13098
(B)(1) to (4) of this section, a political subdivision is liable	13099
for injury, death, or loss to person or property when civil	13100
liability is expressly imposed upon the political subdivision by a	13101
section of the Revised Code, including, but not limited to,	13102
sections 2743.02 and 5591.37 of the Revised Code. Civil liability	13103
shall not be construed to exist under another section of the	13104
Revised Code merely because that section imposes a responsibility	13105
or mandatory duty upon a political subdivision, because that	13106
section provides for a criminal penalty, because of a general	13107
authorization in that section that a political subdivision may sue	13108
and be sued, or because that section uses the term "shall" in a	13109
provision pertaining to a political subdivision.	13110

(C) An order that denies a political subdivision or an	13111
employee of a political subdivision the benefit of an alleged	13112
immunity from liability as provided in this chapter or any other	13113
provision of the law is a final order.	13114

Sec. 2913.40. (A) As used in this section:

13115

(1) "Statement or representation" means any oral, written,	13116
electronic, electronic impulse, or magnetic communication that is	13117
used to identify an item of goods or a service for which	13118
reimbursement may be made under the medical assistance program or	13119
that states income and expense and is or may be used to determine	13120
a rate of reimbursement under the medical assistance program.	13121

(2) "Medical assistance program" means the program	13122
established by the department of job and family services to	13123
provide medical assistance under section 5111.01 of the Revised	13124
Code and the medicaid program of Title XIX of the "Social Security	13125
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	13126

(3) "Provider" means any person who has signed a provider	13127
agreement with the department of job and family services to	13128
provide goods or services pursuant to the medical assistance	13129
program or any person who has signed an agreement with a party to	13130
such a provider agreement under which the person agrees to provide	13131
goods or services that are reimbursable under the medical	13132
assistance program.	13133

(4) "Provider agreement" means an oral or written agreement	13134
between the department of job and family services and a person in	13135
which the person agrees to provide goods or services under the	13136
medical assistance program.	13137

(5) "Recipient" means any individual who receives goods or	13138
services from a provider under the medical assistance program.	13139

(6) "Records" means any medical, professional, financial, or	13140
business records relating to the treatment or care of any	13141
recipient, to goods or services provided to any recipient, or to	13142
rates paid for goods or services provided to any recipient and any	13143
records that are required by the rules of the director of job and	13144
family services to be kept for the medical assistance program.	13145

(B) No person shall knowingly make or cause to be made a	13146
false or misleading statement or representation for use in	13147
obtaining reimbursement from the medical assistance program.	13148

(C) No person, with purpose to commit fraud or knowing that	13149
the person is facilitating a fraud, shall do either of the	13150
following:	13151

(1) Contrary to the terms of the person's provider agreement,	13152
charge, solicit, accept, or receive for goods or services that the	13153
person provides under the medical assistance program any property,	13154
money, or other consideration in addition to the amount of	13155
reimbursement under the medical assistance program and the	13156
person's provider agreement for the goods or services and any	13157
~~deductibles or co-payments~~cost-sharing expenses authorized by	13158
section 5111.0112 of the Revised Code or rules adopted pursuant to	13159
section 5111.01, 5111.011, or 5111.02 of the Revised Code.	13160

(2) Solicit, offer, or receive any remuneration, other than	13161
any ~~deductibles or co-payments~~cost-sharing expenses authorized by	13162
section 5111.0112 of the Revised Code or rules adopted under	13163
section 5111.01, 5111.011, or 5111.02 of the Revised Code, in cash	13164
or in kind, including, but not limited to, a kickback or rebate,	13165
in connection with the furnishing of goods or services for which	13166
whole or partial reimbursement is or may be made under the medical	13167
assistance program.	13168

(D) No person, having submitted a claim for or provided goods	13169
or services under the medical assistance program, shall do either	13170
of the following for a period of at least six years after a	13171
reimbursement pursuant to that claim, or a reimbursement for those	13172
goods or services, is received under the medical assistance	13173
program:	13174

(1) Knowingly alter, falsify, destroy, conceal, or remove any	13175
records that are necessary to fully disclose the nature of all	13176
goods or services for which the claim was submitted, or for which	13177
reimbursement was received, by the person;	13178

(2) Knowingly alter, falsify, destroy, conceal, or remove any	13179
records that are necessary to disclose fully all income and	13180
expenditures upon which rates of reimbursements were based for the	13181
person.	13182

(E) Whoever violates this section is guilty of medicaid	13183
fraud. Except as otherwise provided in this division, medicaid	13184
fraud is a misdemeanor of the first degree. If the value of	13185
property, services, or funds obtained in violation of this section	13186
is five hundred dollars or more and is less than five thousand	13187
dollars, medicaid fraud is a felony of the fifth degree. If the	13188
value of property, services, or funds obtained in violation of	13189
this section is five thousand dollars or more and is less than one	13190
hundred thousand dollars, medicaid fraud is a felony of the fourth	13191
degree. If the value of the property, services, or funds obtained	13192
in violation of this section is one hundred thousand dollars or	13193
more, medicaid fraud is a felony of the third degree.	13194

(F) Upon application of the governmental agency, office, or	13195
other entity that conducted the investigation and prosecution in a	13196
case under this section, the court shall order any person who is	13197
convicted of a violation of this section for receiving any	13198
reimbursement for furnishing goods or services under the medical	13199
assistance program to which the person is not entitled to pay to	13200
the applicant its cost of investigating and prosecuting the case.	13201
The costs of investigation and prosecution that a defendant is	13202
ordered to pay pursuant to this division shall be in addition to	13203
any other penalties for the receipt of that reimbursement that are	13204
provided in this section, section 5111.03 of the Revised Code, or	13205
any other provision of law.	13206

(G) The provisions of this section are not intended to be	13207
exclusive remedies and do not preclude the use of any other	13208
criminal or civil remedy for any act that is in violation of this	13209
section.	13210

Sec. 2921.42. (A) No public official shall knowingly do any	13211
of the following:	13212

(1) Authorize, or employ the authority or influence of ~~his~~	13213
the public official's office to secure authorization of any public	13214
contract in which hethe public official, a member of ~~his~~the	13215
public official's family, or any of ~~his~~the public official's	13216
business associates has an interest;	13217

(2) Authorize, or employ the authority or influence of ~~his~~	13218
the public official's office to secure the investment of public	13219
funds in any share, bond, mortgage, or other security, with	13220
respect to which hethe public official, a member of ~~his~~the	13221
public official's family, or any of ~~his~~the public official's	13222
business associates either has an interest, is an underwriter, or	13223
receives any brokerage, origination, or servicing fees;	13224

(3) During ~~his~~the public official's term of office or within	13225
one year thereafter, occupy any position of profit in the	13226
prosecution of a public contract authorized by ~~him~~the public	13227
official or by a legislative body, commission, or board of which	13228
hethe public official was a member at the time of authorization,	13229
unless the contract was let by competitive bidding to the lowest	13230
and best bidder;	13231

(4) Have an interest in the profits or benefits of a public	13232
contract entered into by or for the use of the political	13233
subdivision or governmental agency or instrumentality with which	13234
hethe public official is connected;	13235

(5) Have an interest in the profits or benefits of a public	13236
contract that is not let by competitive bidding if required by law	13237
and that involves more than one hundred fifty dollars.	13238

(B) In the absence of bribery or a purpose to defraud, a	13239
public official, member of ~~his~~a public official's family, or any	13240
of ~~his~~a public official's business associates shall not be	13241
considered as having an interest in a public contract or the	13242
investment of public funds, if all of the following apply:	13243

(1) The interest of that person is limited to owning or	13244
controlling shares of the corporation, or being a creditor of the	13245
corporation or other organization, that is the contractor on the	13246
public contract involved, or that is the issuer of the security in	13247
which public funds are invested;	13248

(2) The shares owned or controlled by that person do not	13249
exceed five per cent of the outstanding shares of the corporation,	13250
and the amount due that person as creditor does not exceed five	13251
per cent of the total indebtedness of the corporation or other	13252
organization;	13253

(3) That person, prior to the time the public contract is	13254
entered into, files with the political subdivision or governmental	13255
agency or instrumentality involved, an affidavit giving ~~his~~that	13256
person's exact status in connection with the corporation or other	13257
organization.	13258

(C) This section does not apply to a public contract in which	13259
a public official, member of ~~his~~a public official's family, or	13260
one of ~~his~~a public official's business associates has an	13261
interest, when all of the following apply:	13262

(1) The subject of the public contract is necessary supplies	13263
or services for the political subdivision or governmental agency	13264
or instrumentality involved;	13265

(2) The supplies or services are unobtainable elsewhere for	13266
the same or lower cost, or are being furnished to the political	13267
subdivision or governmental agency or instrumentality as part of a	13268
continuing course of dealing established prior to the public	13269
official's becoming associated with the political subdivision or	13270
governmental agency or instrumentality involved;	13271

(3) The treatment accorded the political subdivision or	13272
governmental agency or instrumentality is either preferential to	13273
or the same as that accorded other customers or clients in similar	13274
transactions;	13275

(4) The entire transaction is conducted at arm's length, with	13276
full knowledge by the political subdivision or governmental agency	13277
or instrumentality involved, of the interest of the public	13278
official, member of ~~his~~the public official's family, or business	13279
associate, and the public official takes no part in the	13280
deliberations or decision of the political subdivision or	13281
governmental agency or instrumentality with respect to the public	13282
contract.	13283

(D) Division (A)(4) of this section does not prohibit	13284
participation by a public employee in any housing program funded	13285
by public moneys if the public employee otherwise qualifies for	13286
the program and does not use the authority or influence of ~~his~~the	13287
public employee's office or employment to secure benefits from the	13288
program and if the moneys are to be used on the primary residence	13289
of the public employee. Such participation does not constitute an	13290
unlawful interest in a public contract in violation of this	13291
section.	13292

(E) Whoever violates this section is guilty of having an	13293
unlawful interest in a public contract. Violation of division	13294
(A)(1) or (2) of this section is a felony of the fourth degree.	13295
Violation of division (A)(3), (4), or (5) of this section is a	13296
misdemeanor of the first degree.	13297

(F) It is not a violation of this section for a prosecuting	13298
attorney to appoint assistants and employees in accordance with	13299
sections 309.06 and 2921.421 of the Revised Code, for a chief	13300
legal officer of a municipal corporation or an official designated	13301
as prosecutor in a municipal corporation to appoint assistants and	13302
employees in accordance with sections 733.621 and 2921.421 of the	13303
Revised Code, or for a township law director appointed under	13304
section 504.15 of the Revised Code to appoint assistants and	13305
employees in accordance with sections 504.151 and 2921.421 of the	13306
Revised Code.	13307

~~(F)~~(G) This section does not apply to a public contract in	13308
which a township trustee in a township with a population of five	13309
thousand or less in its unincorporated area, a member of the	13310
township trustee's family, or one of ~~his~~the township trustee's	13311
business associates has an interest, if all of the following	13312
apply:	13313

(1) The subject of the public contract is necessary supplies	13314
or services for the township and the amount of the contract is	13315
less than five thousand dollars per year;	13316

(2) The supplies or services are being furnished to the	13317
township as part of a continuing course of dealing established	13318
before the township trustee held that office with the township;	13319

(3) The treatment accorded the township is either	13320
preferential to or the same as that accorded other customers or	13321
clients in similar transactions;	13322

(4) The entire transaction is conducted with full knowledge	13323
by the township of the interest of the township trustee, member of	13324
~~his~~the township trustee's family, or ~~his~~the township trustee's	13325
business associate.	13326

~~(G)~~(H) Any public contract in which a public official, a	13327
member of the public official's family, or any of the public	13328
official's business associates has an interest in violation of	13329
this section is void and unenforceable. Any contract securing the	13330
investment of public funds in which a public official, a member of	13331
the public official's family, or any of the public official's	13332
business associates has an interest, is an underwriter, or	13333
receives any brokerage, origination, or servicing fees and that	13334
was entered into in violation of this section is void and	13335
unenforceable.	13336

(I) As used in this section:

13337

(1) "Public contract" means any of the following:

13338

(a) The purchase or acquisition, or a contract for the	13339
purchase or acquisition, of property or services by or for the use	13340
of the state, any of its political subdivisions, or any agency or	13341
instrumentality of either, including the employment of an	13342
individual by the state, any of its political subdivisions, or any	13343
agency or instrumentality of either;	13344

(b) A contract for the design, construction, alteration,	13345
repair, or maintenance of any public property.	13346

(2) "Chief legal officer" has the same meaning as in section	13347
733.621 of the Revised Code.	13348

Sec. 2927.023. (A) As used in this section "authorized	13349
recipient of tobacco products" means a person who is:	13350

(1) Licensed as a cigarette wholesale dealer under section	13351
5743.15 of the Revised Code;	13352

(2) Licensed as a ~~distributor of tobacco products under~~	13353
~~section 5743.61 of the Revised Code~~retail dealer as long as the	13354
person purchases cigarettes with the appropriate tax stamp	13355
affixed;	13356

(3) An export warehouse proprietor as defined in section 5702	13357
of the Internal Revenue Code;	13358

(4) An operator of a customs bonded warehouse under 19 U.S.C.	13359
1311 or 19 U.S.C. 1555;	13360

(5) An officer, employee, or agent of the federal government	13361
or of this state acting in the person's official capacity;	13362

(6) A department, agency, instrumentality, or political	13363
subdivision of the federal government or of this state;	13364

(7) A person having a consent for consumer shipment issued by	13365
the tax commissioner under section 5743.71 of the Revised Code.	13366

The purpose of this section is to prevent the sale of	13367
cigarettes to minors and to ensure compliance with the Master	13368
Settlement Agreement, as defined in section 1346.01 of the Revised	13369
Code.	13370

(B)(1) No person shall cause to be shipped any cigarettes to	13371
any person in this state other than an authorized recipient of	13372
tobacco products.	13373

(2) No common carrier, contract carrier, or other person	13374
shall knowingly transport cigarettes to any person in this state	13375
that the carrier or other person reasonably believes is not an	13376
authorized recipient of tobacco products. If cigarettes are	13377
transported to a home or residence, it shall be presumed that the	13378
common carrier, contract carrier, or other person knew that the	13379
person to whom the cigarettes were delivered was not an authorized	13380
recipient of tobacco products.	13381

(C) No person engaged in the business of selling cigarettes	13382
who ships or causes to be shipped cigarettes to any person in this	13383
state in any container or wrapping other than the original	13384
container or wrapping of the cigarettes shall fail to plainly and	13385
visibly mark the exterior of the container or wrapping in which	13386
the cigarettes are shipped with the words "cigarettes."	13387

(D) A court shall impose a fine of up to one thousand dollars	13388
for each violation of division (B)(1), (B)(2), or (C) of this	13389
section.	13390

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	13391
deputy marshal, municipal police officer, township constable,	13392
police officer of a township or joint township police district,	13393
member of a police force employed by a metropolitan housing	13394
authority under division (D) of section 3735.31 of the Revised	13395
Code, member of a police force employed by a regional transit	13396
authority under division (Y) of section 306.35 of the Revised	13397
Code, state university law enforcement officer appointed under	13398
section 3345.04 of the Revised Code, veterans' home police officer	13399
appointed under section 5907.02 of the Revised Code, special	13400
police officer employed by a port authority under section 4582.04	13401
or 4582.28 of the Revised Code, or a special police officer	13402
employed by a municipal corporation at a municipal airport, or	13403
other municipal air navigation facility, that has scheduled	13404
operations, as defined in section 119.3 of Title 14 of the Code of	13405
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	13406
required to be under a security program and is governed by	13407
aviation security rules of the transportation security	13408
administration of the United States department of transportation	13409
as provided in Parts 1542. and 1544. of Title 49 of the Code of	13410
Federal Regulations, as amended, shall arrest and detain, until a	13411
warrant can be obtained, a person found violating, within the	13412
limits of the political subdivision, metropolitan housing	13413
authority housing project, regional transit authority facilities	13414
or areas of a municipal corporation that have been agreed to by a	13415
regional transit authority and a municipal corporation located	13416
within its territorial jurisdiction, college, university,	13417
veterans' home operated under Chapter 5907. of the Revised Code,	13418
port authority, or municipal airport or other municipal air	13419
navigation facility, in which the peace officer is appointed,	13420
employed, or elected, a law of this state, an ordinance of a	13421
municipal corporation, or a resolution of a township.	13422

(2) A peace officer of the department of natural resources or	13423
an individual designated to perform law enforcement duties under	13424
section 511.232, 1545.13, or 6101.75 of the Revised Code shall	13425
arrest and detain, until a warrant can be obtained, a person found	13426
violating, within the limits of the peace officer's or	13427
individual's territorial jurisdiction, a law of this state.	13428

(3) The house sergeant at arms if the house sergeant at arms	13429
has arrest authority pursuant to division (E)(1) of section	13430
101.311 of the Revised Code and an assistant house sergeant at	13431
arms shall arrest and detain, until a warrant can be obtained, a	13432
person found violating, within the limits of the sergeant at	13433
arms's or assistant sergeant at arms's territorial jurisdiction	13434
specified in division (D)(1)(a) of section 101.311 of the Revised	13435
Code or while providing security pursuant to division (D)(1)(f) of	13436
section 101.311 of the Revised Code, a law of this state, an	13437
ordinance of a municipal corporation, or a resolution of a	13438
township.	13439

(B)(1) When there is reasonable ground to believe that an	13440
offense of violence, the offense of criminal child enticement as	13441
defined in section 2905.05 of the Revised Code, the offense of	13442
public indecency as defined in section 2907.09 of the Revised	13443
Code, the offense of domestic violence as defined in section	13444
2919.25 of the Revised Code, the offense of violating a protection	13445
order as defined in section 2919.27 of the Revised Code, the	13446
offense of menacing by stalking as defined in section 2903.211 of	13447
the Revised Code, the offense of aggravated trespass as defined in	13448
section 2911.211 of the Revised Code, a theft offense as defined	13449
in section 2913.01 of the Revised Code, or a felony drug abuse	13450
offense as defined in section 2925.01 of the Revised Code, has	13451
been committed within the limits of the political subdivision,	13452
metropolitan housing authority housing project, regional transit	13453
authority facilities or those areas of a municipal corporation	13454
that have been agreed to by a regional transit authority and a	13455
municipal corporation located within its territorial jurisdiction,	13456
college, university, veterans' home operated under Chapter 5907.	13457
of the Revised Code, port authority, or municipal airport or other	13458
municipal air navigation facility, in which the peace officer is	13459
appointed, employed, or elected or within the limits of the	13460
territorial jurisdiction of the peace officer, a peace officer	13461
described in division (A) of this section may arrest and detain	13462
until a warrant can be obtained any person who the peace officer	13463
has reasonable cause to believe is guilty of the violation.	13464

(2) For purposes of division (B)(1) of this section, the	13465
execution of any of the following constitutes reasonable ground to	13466
believe that the offense alleged in the statement was committed	13467
and reasonable cause to believe that the person alleged in the	13468
statement to have committed the offense is guilty of the	13469
violation:	13470

(a) A written statement by a person alleging that an alleged	13471
offender has committed the offense of menacing by stalking or	13472
aggravated trespass;	13473

(b) A written statement by the administrator of the	13474
interstate compact on mental health appointed under section	13475
5119.51 of the Revised Code alleging that a person who had been	13476
hospitalized, institutionalized, or confined in any facility under	13477
an order made pursuant to or under authority of section 2945.37,	13478
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	13479
Revised Code has escaped from the facility, from confinement in a	13480
vehicle for transportation to or from the facility, or from	13481
supervision by an employee of the facility that is incidental to	13482
hospitalization, institutionalization, or confinement in the	13483
facility and that occurs outside of the facility, in violation of	13484
section 2921.34 of the Revised Code;	13485

(c) A written statement by the administrator of any facility	13486
in which a person has been hospitalized, institutionalized, or	13487
confined under an order made pursuant to or under authority of	13488
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	13489
2945.402 of the Revised Code alleging that the person has escaped	13490
from the facility, from confinement in a vehicle for	13491
transportation to or from the facility, or from supervision by an	13492
employee of the facility that is incidental to hospitalization,	13493
institutionalization, or confinement in the facility and that	13494
occurs outside of the facility, in violation of section 2921.34 of	13495
the Revised Code.	13496

(3)(a) For purposes of division (B)(1) of this section, a	13497
peace officer described in division (A) of this section has	13498
reasonable grounds to believe that the offense of domestic	13499
violence or the offense of violating a protection order has been	13500
committed and reasonable cause to believe that a particular person	13501
is guilty of committing the offense if any of the following	13502
occurs:	13503

(i) A person executes a written statement alleging that the	13504
person in question has committed the offense of domestic violence	13505
or the offense of violating a protection order against the person	13506
who executes the statement or against a child of the person who	13507
executes the statement.	13508

(ii) No written statement of the type described in division	13509
(B)(3)(a)(i) of this section is executed, but the peace officer,	13510
based upon the peace officer's own knowledge and observation of	13511
the facts and circumstances of the alleged incident of the offense	13512
of domestic violence or the alleged incident of the offense of	13513
violating a protection order or based upon any other information,	13514
including, but not limited to, any reasonably trustworthy	13515
information given to the peace officer by the alleged victim of	13516
the alleged incident of the offense or any witness of the alleged	13517
incident of the offense, concludes that there are reasonable	13518
grounds to believe that the offense of domestic violence or the	13519
offense of violating a protection order has been committed and	13520
reasonable cause to believe that the person in question is guilty	13521
of committing the offense.	13522

(iii) No written statement of the type described in division	13523
(B)(3)(a)(i) of this section is executed, but the peace officer	13524
witnessed the person in question commit the offense of domestic	13525
violence or the offense of violating a protection order.	13526

(b) If pursuant to division (B)(3)(a) of this section a peace	13527
officer has reasonable grounds to believe that the offense of	13528
domestic violence or the offense of violating a protection order	13529
has been committed and reasonable cause to believe that a	13530
particular person is guilty of committing the offense, it is the	13531
preferred course of action in this state that the officer arrest	13532
and detain that person pursuant to division (B)(1) of this section	13533
until a warrant can be obtained.	13534

If pursuant to division (B)(3)(a) of this section a peace	13535
officer has reasonable grounds to believe that the offense of	13536
domestic violence or the offense of violating a protection order	13537
has been committed and reasonable cause to believe that family or	13538
household members have committed the offense against each other,	13539
it is the preferred course of action in this state that the	13540
officer, pursuant to division (B)(1) of this section, arrest and	13541
detain until a warrant can be obtained the family or household	13542
member who committed the offense and whom the officer has	13543
reasonable cause to believe is the primary physical aggressor.	13544
There is no preferred course of action in this state regarding any	13545
other family or household member who committed the offense and	13546
whom the officer does not have reasonable cause to believe is the	13547
primary physical aggressor, but, pursuant to division (B)(1) of	13548
this section, the peace officer may arrest and detain until a	13549
warrant can be obtained any other family or household member who	13550
committed the offense and whom the officer does not have	13551
reasonable cause to believe is the primary physical aggressor.	13552

(c) If a peace officer described in division (A) of this	13553
section does not arrest and detain a person whom the officer has	13554
reasonable cause to believe committed the offense of domestic	13555
violence or the offense of violating a protection order when it is	13556
the preferred course of action in this state pursuant to division	13557
(B)(3)(b) of this section that the officer arrest that person, the	13558
officer shall articulate in the written report of the incident	13559
required by section 2935.032 of the Revised Code a clear statement	13560
of the officer's reasons for not arresting and detaining that	13561
person until a warrant can be obtained.	13562

(d) In determining for purposes of division (B)(3)(b) of this	13563
section which family or household member is the primary physical	13564
aggressor in a situation in which family or household members have	13565
committed the offense of domestic violence or the offense of	13566
violating a protection order against each other, a peace officer	13567
described in division (A) of this section, in addition to any	13568
other relevant circumstances, should consider all of the	13569
following:	13570

(i) Any history of domestic violence or of any other violent	13571
acts by either person involved in the alleged offense that the	13572
officer reasonably can ascertain;	13573

(ii) If violence is alleged, whether the alleged violence was	13574
caused by a person acting in self-defense;	13575

(iii) Each person's fear of physical harm, if any, resulting	13576
from the other person's threatened use of force against any person	13577
or resulting from the other person's use or history of the use of	13578
force against any person, and the reasonableness of that fear;	13579

(iv) The comparative severity of any injuries suffered by the	13580
persons involved in the alleged offense.	13581

(e)(i) A peace officer described in division (A) of this	13582
section shall not require, as a prerequisite to arresting or	13583
charging a person who has committed the offense of domestic	13584
violence or the offense of violating a protection order, that the	13585
victim of the offense specifically consent to the filing of	13586
charges against the person who has committed the offense or sign a	13587
complaint against the person who has committed the offense.	13588

(ii) If a person is arrested for or charged with committing	13589
the offense of domestic violence or the offense of violating a	13590
protection order and if the victim of the offense does not	13591
cooperate with the involved law enforcement or prosecuting	13592
authorities in the prosecution of the offense or, subsequent to	13593
the arrest or the filing of the charges, informs the involved law	13594
enforcement or prosecuting authorities that the victim does not	13595
wish the prosecution of the offense to continue or wishes to drop	13596
charges against the alleged offender relative to the offense, the	13597
involved prosecuting authorities, in determining whether to	13598
continue with the prosecution of the offense or whether to dismiss	13599
charges against the alleged offender relative to the offense and	13600
notwithstanding the victim's failure to cooperate or the victim's	13601
wishes, shall consider all facts and circumstances that are	13602
relevant to the offense, including, but not limited to, the	13603
statements and observations of the peace officers who responded to	13604
the incident that resulted in the arrest or filing of the charges	13605
and of all witnesses to that incident.	13606

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	13607
this section whether to arrest a person pursuant to division	13608
(B)(1) of this section, a peace officer described in division (A)	13609
of this section shall not consider as a factor any possible	13610
shortage of cell space at the detention facility to which the	13611
person will be taken subsequent to the person's arrest or any	13612
possibility that the person's arrest might cause, contribute to,	13613
or exacerbate overcrowding at that detention facility or at any	13614
other detention facility.	13615

(g) If a peace officer described in division (A) of this	13616
section intends pursuant to divisions (B)(3)(a) to (g) of this	13617
section to arrest a person pursuant to division (B)(1) of this	13618
section and if the officer is unable to do so because the person	13619
is not present, the officer promptly shall seek a warrant for the	13620
arrest of the person.	13621

(h) If a peace officer described in division (A) of this	13622
section responds to a report of an alleged incident of the offense	13623
of domestic violence or an alleged incident of the offense of	13624
violating a protection order and if the circumstances of the	13625
incident involved the use or threatened use of a deadly weapon or	13626
any person involved in the incident brandished a deadly weapon	13627
during or in relation to the incident, the deadly weapon that was	13628
used, threatened to be used, or brandished constitutes contraband,	13629
and, to the extent possible, the officer shall seize the deadly	13630
weapon as contraband pursuant to Chapter 2981. of the Revised	13631
Code. Upon the seizure of a deadly weapon pursuant to division	13632
(B)(3)(h) of this section, section 2981.12 of the Revised Code	13633
shall apply regarding the treatment and disposition of the deadly	13634
weapon. For purposes of that section, the "underlying criminal	13635
offense" that was the basis of the seizure of a deadly weapon	13636
under division (B)(3)(h) of this section and to which the deadly	13637
weapon had a relationship is any of the following that is	13638
applicable:	13639

(i) The alleged incident of the offense of domestic violence	13640
or the alleged incident of the offense of violating a protection	13641
order to which the officer who seized the deadly weapon responded;	13642

(ii) Any offense that arose out of the same facts and	13643
circumstances as the report of the alleged incident of the offense	13644
of domestic violence or the alleged incident of the offense of	13645
violating a protection order to which the officer who seized the	13646
deadly weapon responded.	13647

(4) If, in the circumstances described in divisions (B)(3)(a)	13648
to (g) of this section, a peace officer described in division (A)	13649
of this section arrests and detains a person pursuant to division	13650
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	13651
this section, a peace officer described in division (A) of this	13652
section seizes a deadly weapon, the officer, to the extent	13653
described in and in accordance with section 9.86 or 2744.03 of the	13654
Revised Code, is immune in any civil action for damages for	13655
injury, death, or loss to person or property that arises from or	13656
is related to the arrest and detention or the seizure.	13657

(C) When there is reasonable ground to believe that a	13658
violation of division (A)(1), (2), (3), (4), or (5) of section	13659
4506.15 or a violation of section 4511.19 of the Revised Code has	13660
been committed by a person operating a motor vehicle subject to	13661
regulation by the public utilities commission of Ohio under Title	13662
XLIX of the Revised Code, a peace officer with authority to	13663
enforce that provision of law may stop or detain the person whom	13664
the officer has reasonable cause to believe was operating the	13665
motor vehicle in violation of the division or section and, after	13666
investigating the circumstances surrounding the operation of the	13667
vehicle, may arrest and detain the person.	13668

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	13669
municipal police officer, member of a police force employed by a	13670
metropolitan housing authority under division (D) of section	13671
3735.31 of the Revised Code, member of a police force employed by	13672
a regional transit authority under division (Y) of section 306.35	13673
of the Revised Code, special police officer employed by a port	13674
authority under section 4582.04 or 4582.28 of the Revised Code,	13675
special police officer employed by a municipal corporation at a	13676
municipal airport or other municipal air navigation facility	13677
described in division (A) of this section, township constable,	13678
police officer of a township or joint township police district,	13679
state university law enforcement officer appointed under section	13680
3345.04 of the Revised Code, peace officer of the department of	13681
natural resources, individual designated to perform law	13682
enforcement duties under section 511.232, 1545.13, or 6101.75 of	13683
the Revised Code, the house sergeant at arms if the house sergeant	13684
at arms has arrest authority pursuant to division (E)(1) of	13685
section 101.311 of the Revised Code, or an assistant house	13686
sergeant at arms is authorized by division (A) or (B) of this	13687
section to arrest and detain, within the limits of the political	13688
subdivision, metropolitan housing authority housing project,	13689
regional transit authority facilities or those areas of a	13690
municipal corporation that have been agreed to by a regional	13691
transit authority and a municipal corporation located within its	13692
territorial jurisdiction, port authority, municipal airport or	13693
other municipal air navigation facility, college, or university in	13694
which the officer is appointed, employed, or elected or within the	13695
limits of the territorial jurisdiction of the peace officer, a	13696
person until a warrant can be obtained, the peace officer, outside	13697
the limits of that territory, may pursue, arrest, and detain that	13698
person until a warrant can be obtained if all of the following	13699
apply:	13700

(1) The pursuit takes place without unreasonable delay after	13701
the offense is committed;	13702

(2) The pursuit is initiated within the limits of the	13703
political subdivision, metropolitan housing authority housing	13704
project, regional transit authority facilities or those areas of a	13705
municipal corporation that have been agreed to by a regional	13706
transit authority and a municipal corporation located within its	13707
territorial jurisdiction, port authority, municipal airport or	13708
other municipal air navigation facility, college, or university in	13709
which the peace officer is appointed, employed, or elected or	13710
within the limits of the territorial jurisdiction of the peace	13711
officer;	13712

(3) The offense involved is a felony, a misdemeanor of the	13713
first degree or a substantially equivalent municipal ordinance, a	13714
misdemeanor of the second degree or a substantially equivalent	13715
municipal ordinance, or any offense for which points are	13716
chargeable pursuant to section 4510.036 of the Revised Code.	13717

(E) In addition to the authority granted under division (A)	13718
or (B) of this section:	13719

(1) A sheriff or deputy sheriff may arrest and detain, until	13720
a warrant can be obtained, any person found violating section	13721
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	13722
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	13723
portion of any street or highway that is located immediately	13724
adjacent to the boundaries of the county in which the sheriff or	13725
deputy sheriff is elected or appointed.	13726

(2) A member of the police force of a township police	13727
district created under section 505.48 of the Revised Code, a	13728
member of the police force of a joint township police district	13729
created under section 505.481 of the Revised Code, or a township	13730
constable appointed in accordance with section 509.01 of the	13731
Revised Code, who has received a certificate from the Ohio peace	13732
officer training commission under section 109.75 of the Revised	13733
Code, may arrest and detain, until a warrant can be obtained, any	13734
person found violating any section or chapter of the Revised Code	13735
listed in division (E)(1) of this section, other than sections	13736
4513.33 and 4513.34 of the Revised Code, on the portion of any	13737
street or highway that is located immediately adjacent to the	13738
boundaries of the township police district or joint township	13739
police district, in the case of a member of a township police	13740
district or joint township police district police force, or the	13741
unincorporated territory of the township, in the case of a	13742
township constable. However, if the population of the township	13743
that created the township police district served by the member's	13744
police force, or the townships that created the joint township	13745
police district served by the member's police force, or the	13746
township that is served by the township constable, is sixty	13747
thousand or less, the member of the township police district or	13748
joint police district police force or the township constable may	13749
not make an arrest under division (E)(2) of this section on a	13750
state highway that is included as part of the interstate system.	13751

(3) A police officer or village marshal appointed, elected,	13752
or employed by a municipal corporation may arrest and detain,	13753
until a warrant can be obtained, any person found violating any	13754
section or chapter of the Revised Code listed in division (E)(1)	13755
of this section on the portion of any street or highway that is	13756
located immediately adjacent to the boundaries of the municipal	13757
corporation in which the police officer or village marshal is	13758
appointed, elected, or employed.	13759

(4) A peace officer of the department of natural resources or	13760
an individual designated to perform law enforcement duties under	13761
section 511.232, 1545.13, or 6101.75 of the Revised Code may	13762
arrest and detain, until a warrant can be obtained, any person	13763
found violating any section or chapter of the Revised Code listed	13764
in division (E)(1) of this section, other than sections 4513.33	13765
and 4513.34 of the Revised Code, on the portion of any street or	13766
highway that is located immediately adjacent to the boundaries of	13767
the lands and waters that constitute the territorial jurisdiction	13768
of the peace officer.	13769

(F)(1) A department of mental health special police officer	13770
or a department of mental retardation and developmental	13771
disabilities special police officer may arrest without a warrant	13772
and detain until a warrant can be obtained any person found	13773
committing on the premises of any institution under the	13774
jurisdiction of the particular department a misdemeanor under a	13775
law of the state.	13776

A department of mental health special police officer or a	13777
department of mental retardation and developmental disabilities	13778
special police officer may arrest without a warrant and detain	13779
until a warrant can be obtained any person who has been	13780
hospitalized, institutionalized, or confined in an institution	13781
under the jurisdiction of the particular department pursuant to or	13782
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	13783
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	13784
found committing on the premises of any institution under the	13785
jurisdiction of the particular department a violation of section	13786
2921.34 of the Revised Code that involves an escape from the	13787
premises of the institution.	13788

(2)(a) If a department of mental health special police	13789
officer or a department of mental retardation and developmental	13790
disabilities special police officer finds any person who has been	13791
hospitalized, institutionalized, or confined in an institution	13792
under the jurisdiction of the particular department pursuant to or	13793
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	13794
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	13795
violation of section 2921.34 of the Revised Code that involves an	13796
escape from the premises of the institution, or if there is	13797
reasonable ground to believe that a violation of section 2921.34	13798
of the Revised Code has been committed that involves an escape	13799
from the premises of an institution under the jurisdiction of the	13800
department of mental health or the department of mental	13801
retardation and developmental disabilities and if a department of	13802
mental health special police officer or a department of mental	13803
retardation and developmental disabilities special police officer	13804
has reasonable cause to believe that a particular person who has	13805
been hospitalized, institutionalized, or confined in the	13806
institution pursuant to or under authority of section 2945.37,	13807
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	13808
Revised Code is guilty of the violation, the special police	13809
officer, outside of the premises of the institution, may pursue,	13810
arrest, and detain that person for that violation of section	13811
2921.34 of the Revised Code, until a warrant can be obtained, if	13812
both of the following apply:	13813

(i) The pursuit takes place without unreasonable delay after	13814
the offense is committed;	13815

(ii) The pursuit is initiated within the premises of the	13816
institution from which the violation of section 2921.34 of the	13817
Revised Code occurred.	13818

(b) For purposes of division (F)(2)(a) of this section, the	13819
execution of a written statement by the administrator of the	13820
institution in which a person had been hospitalized,	13821
institutionalized, or confined pursuant to or under authority of	13822
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	13823
2945.402 of the Revised Code alleging that the person has escaped	13824
from the premises of the institution in violation of section	13825
2921.34 of the Revised Code constitutes reasonable ground to	13826
believe that the violation was committed and reasonable cause to	13827
believe that the person alleged in the statement to have committed	13828
the offense is guilty of the violation.	13829

(G) As used in this section:

13830

(1) A "department of mental health special police officer"	13831
means a special police officer of the department of mental health	13832
designated under section 5119.14 of the Revised Code who is	13833
certified by the Ohio peace officer training commission under	13834
section 109.77 of the Revised Code as having successfully	13835
completed an approved peace officer basic training program.	13836

(2) A "department of mental retardation and developmental	13837
disabilities special police officer" means a special police	13838
officer of the department of mental retardation and developmental	13839
disabilities designated under section 5123.13 of the Revised Code	13840
who is certified by the Ohio peace officer training council under	13841
section 109.77 of the Revised Code as having successfully	13842
completed an approved peace officer basic training program.	13843

(3) "Deadly weapon" has the same meaning as in section	13844
2923.11 of the Revised Code.	13845

(4) "Family or household member" has the same meaning as in	13846
section 2919.25 of the Revised Code.	13847

(5) "Street" or "highway" has the same meaning as in section	13848
4511.01 of the Revised Code.	13849

(6) "Interstate system" has the same meaning as in section	13850
5516.01 of the Revised Code.	13851

(7) "Peace officer of the department of natural resources"	13852
means an employee of the department of natural resources who is a	13853
natural resources law enforcement staff officer designated	13854
pursuant to section 1501.013 of the Revised Code, a forest officer	13855
designated pursuant to section 1503.29 of the Revised Code, a	13856
preserve officer designated pursuant to section 1517.10 of the	13857
Revised Code, a wildlife officer designated pursuant to section	13858
1531.13 of the Revised Code, a park officer designated pursuant to	13859
section 1541.10 of the Revised Code, or a state watercraft officer	13860
designated pursuant to section 1547.521 of the Revised Code.	13861

(8) "Portion of any street or highway" means all lanes of the	13862
street or highway irrespective of direction of travel, including	13863
designated turn lanes, and any berm, median, or shoulder.	13864

Sec. 3109.04. (A) In any divorce, legal separation, or	13865
annulment proceeding and in any proceeding pertaining to the	13866
allocation of parental rights and responsibilities for the care of	13867
a child, upon hearing the testimony of either or both parents and	13868
considering any mediation report filed pursuant to section	13869
3109.052 of the Revised Code and in accordance with sections	13870
3127.01 to 3127.53 of the Revised Code, the court shall allocate	13871
the parental rights and responsibilities for the care of the minor	13872
children of the marriage. Subject to division (D)(2) of this	13873
section, the court may allocate the parental rights and	13874
responsibilities for the care of the children in either of the	13875
following ways:	13876

(1) If neither parent files a pleading or motion in	13877
accordance with division (G) of this section, if at least one	13878
parent files a pleading or motion under that division but no	13879
parent who filed a pleading or motion under that division also	13880
files a plan for shared parenting, or if at least one parent files	13881
both a pleading or motion and a shared parenting plan under that	13882
division but no plan for shared parenting is in the best interest	13883
of the children, the court, in a manner consistent with the best	13884
interest of the children, shall allocate the parental rights and	13885
responsibilities for the care of the children primarily to one of	13886
the parents, designate that parent as the residential parent and	13887
the legal custodian of the child, and divide between the parents	13888
the other rights and responsibilities for the care of the	13889
children, including, but not limited to, the responsibility to	13890
provide support for the children and the right of the parent who	13891
is not the residential parent to have continuing contact with the	13892
children.	13893

(2) If at least one parent files a pleading or motion in	13894
accordance with division (G) of this section and a plan for shared	13895
parenting pursuant to that division and if a plan for shared	13896
parenting is in the best interest of the children and is approved	13897
by the court in accordance with division (D)(1) of this section,	13898
the court may allocate the parental rights and responsibilities	13899
for the care of the children to both parents and issue a shared	13900
parenting order requiring the parents to share all or some of the	13901
aspects of the physical and legal care of the children in	13902
accordance with the approved plan for shared parenting. If the	13903
court issues a shared parenting order under this division and it	13904
is necessary for the purpose of receiving public assistance, the	13905
court shall designate which one of the parents' residences is to	13906
serve as the child's home. The child support obligations of the	13907
parents under a shared parenting order issued under this division	13908
shall be determined in accordance with Chapters 3119., 3121.,	13909
3123., and 3125. of the Revised Code.	13910

(B)(1) When making the allocation of the parental rights and	13911
responsibilities for the care of the children under this section	13912
in an original proceeding or in any proceeding for modification of	13913
a prior order of the court making the allocation, the court shall	13914
take into account that which would be in the best interest of the	13915
children. In determining the child's best interest for purposes of	13916
making its allocation of the parental rights and responsibilities	13917
for the care of the child and for purposes of resolving any issues	13918
related to the making of that allocation, the court, in its	13919
discretion, may and, upon the request of either party, shall	13920
interview in chambers any or all of the involved children	13921
regarding their wishes and concerns with respect to the	13922
allocation.	13923

(2) If the court interviews any child pursuant to division	13924
(B)(1) of this section, all of the following apply:	13925

(a) The court, in its discretion, may and, upon the motion of	13926
either parent, shall appoint a guardian ad litem for the child.	13927

(b) The court first shall determine the reasoning ability of	13928
the child. If the court determines that the child does not have	13929
sufficient reasoning ability to express the child's wishes and	13930
concern with respect to the allocation of parental rights and	13931
responsibilities for the care of the child, it shall not determine	13932
the child's wishes and concerns with respect to the allocation. If	13933
the court determines that the child has sufficient reasoning	13934
ability to express the child's wishes or concerns with respect to	13935
the allocation, it then shall determine whether, because of	13936
special circumstances, it would not be in the best interest of the	13937
child to determine the child's wishes and concerns with respect to	13938
the allocation. If the court determines that, because of special	13939
circumstances, it would not be in the best interest of the child	13940
to determine the child's wishes and concerns with respect to the	13941
allocation, it shall not determine the child's wishes and concerns	13942
with respect to the allocation and shall enter its written	13943
findings of fact and opinion in the journal. If the court	13944
determines that it would be in the best interests of the child to	13945
determine the child's wishes and concerns with respect to the	13946
allocation, it shall proceed to make that determination.	13947

(c) The interview shall be conducted in chambers, and no	13948
person other than the child, the child's attorney, the judge, any	13949
necessary court personnel, and, in the judge's discretion, the	13950
attorney of each parent shall be permitted to be present in the	13951
chambers during the interview.	13952

(3) No person shall obtain or attempt to obtain from a child	13953
a written or recorded statement or affidavit setting forth the	13954
child's wishes and concerns regarding the allocation of parental	13955
rights and responsibilities concerning the child. No court, in	13956
determining the child's best interest for purposes of making its	13957
allocation of the parental rights and responsibilities for the	13958
care of the child or for purposes of resolving any issues related	13959
to the making of that allocation, shall accept or consider a	13960
written or recorded statement or affidavit that purports to set	13961
forth the child's wishes and concerns regarding those matters.	13962

(C) Prior to trial, the court may cause an investigation to	13963
be made as to the character, family relations, past conduct,	13964
earning ability, and financial worth of each parent and may order	13965
the parents and their minor children to submit to medical,	13966
psychological, and psychiatric examinations. The report of the	13967
investigation and examinations shall be made available to either	13968
parent or the parent's counsel of record not less than five days	13969
before trial, upon written request. The report shall be signed by	13970
the investigator, and the investigator shall be subject to	13971
cross-examination by either parent concerning the contents of the	13972
report. The court may tax as costs all or any part of the expenses	13973
for each investigation.	13974

If the court determines that either parent previously has	13975
been convicted of or pleaded guilty to any criminal offense	13976
involving any act that resulted in a child being a neglected	13977
child, that either parent previously has been determined to be the	13978
perpetrator of the neglectful act that is the basis of an	13979
adjudication that a child is a neglected child, or that there is	13980
reason to believe that either parent has acted in a manner	13981
resulting in a child being a neglected child, the court shall	13982
consider that fact against naming that parent the residential	13983
parent and against granting a shared parenting decree. When the	13984
court allocates parental rights and responsibilities for the care	13985
of children or determines whether to grant shared parenting in any	13986
proceeding, it shall consider whether either parent or any member	13987
of the household of either parent has been convicted of or pleaded	13988
guilty to a violation of section 2919.25 of the Revised Code or a	13989
sexually oriented offense involving a victim who at the time of	13990
the commission of the offense was a member of the family or	13991
household that is the subject of the proceeding, has been	13992
convicted of or pleaded guilty to any sexually oriented offense or	13993
other offense involving a victim who at the time of the commission	13994
of the offense was a member of the family or household that is the	13995
subject of the proceeding and caused physical harm to the victim	13996
in the commission of the offense, or has been determined to be the	13997
perpetrator of the abusive act that is the basis of an	13998
adjudication that a child is an abused child. If the court	13999
determines that either parent has been convicted of or pleaded	14000
guilty to a violation of section 2919.25 of the Revised Code or a	14001
sexually oriented offense involving a victim who at the time of	14002
the commission of the offense was a member of the family or	14003
household that is the subject of the proceeding, has been	14004
convicted of or pleaded guilty to any sexually oriented offense or	14005
other offense involving a victim who at the time of the commission	14006
of the offense was a member of the family or household that is the	14007
subject of the proceeding and caused physical harm to the victim	14008
in the commission of the offense, or has been determined to be the	14009
perpetrator of the abusive act that is the basis of an	14010
adjudication that a child is an abused child, it may designate	14011
that parent as the residential parent and may issue a shared	14012
parenting decree or order only if it determines that it is in the	14013
best interest of the child to name that parent the residential	14014
parent or to issue a shared parenting decree or order and it makes	14015
specific written findings of fact to support its determination.	14016

(D)(1)(a) Upon the filing of a pleading or motion by either	14017
parent or both parents, in accordance with division (G) of this	14018
section, requesting shared parenting and the filing of a shared	14019
parenting plan in accordance with that division, the court shall	14020
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	14021
whichever is applicable:	14022

(i) If both parents jointly make the request in their	14023
pleadings or jointly file the motion and also jointly file the	14024
plan, the court shall review the parents' plan to determine if it	14025
is in the best interest of the children. If the court determines	14026
that the plan is in the best interest of the children, the court	14027
shall approve it. If the court determines that the plan or any	14028
part of the plan is not in the best interest of the children, the	14029
court shall require the parents to make appropriate changes to the	14030
plan to meet the court's objections to it. If changes to the plan	14031
are made to meet the court's objections, and if the new plan is in	14032
the best interest of the children, the court shall approve the	14033
plan. If changes to the plan are not made to meet the court's	14034
objections, or if the parents attempt to make changes to the plan	14035
to meet the court's objections, but the court determines that the	14036
new plan or any part of the new plan still is not in the best	14037
interest of the children, the court may reject the portion of the	14038
parents' pleadings or deny their motion requesting shared	14039
parenting of the children and proceed as if the request in the	14040
pleadings or the motion had not been made. The court shall not	14041
approve a plan under this division unless it determines that the	14042
plan is in the best interest of the children.	14043

(ii) If each parent makes a request in the parent's pleadings	14044
or files a motion and each also files a separate plan, the court	14045
shall review each plan filed to determine if either is in the best	14046
interest of the children. If the court determines that one of the	14047
filed plans is in the best interest of the children, the court may	14048
approve the plan. If the court determines that neither filed plan	14049
is in the best interest of the children, the court may order each	14050
parent to submit appropriate changes to the parent's plan or both	14051
of the filed plans to meet the court's objections, or may select	14052
one of the filed plans and order each parent to submit appropriate	14053
changes to the selected plan to meet the court's objections. If	14054
changes to the plan or plans are submitted to meet the court's	14055
objections, and if any of the filed plans with the changes is in	14056
the best interest of the children, the court may approve the plan	14057
with the changes. If changes to the plan or plans are not	14058
submitted to meet the court's objections, or if the parents submit	14059
changes to the plan or plans to meet the court's objections but	14060
the court determines that none of the filed plans with the	14061
submitted changes is in the best interest of the children, the	14062
court may reject the portion of the parents' pleadings or deny	14063
their motions requesting shared parenting of the children and	14064
proceed as if the requests in the pleadings or the motions had not	14065
been made. If the court approves a plan under this division,	14066
either as originally filed or with submitted changes, or if the	14067
court rejects the portion of the parents' pleadings or denies	14068
their motions requesting shared parenting under this division and	14069
proceeds as if the requests in the pleadings or the motions had	14070
not been made, the court shall enter in the record of the case	14071
findings of fact and conclusions of law as to the reasons for the	14072
approval or the rejection or denial. Division (D)(1)(b) of this	14073
section applies in relation to the approval or disapproval of a	14074
plan under this division.	14075

(iii) If each parent makes a request in the parent's	14076
pleadings or files a motion but only one parent files a plan, or	14077
if only one parent makes a request in the parent's pleadings or	14078
files a motion and also files a plan, the court in the best	14079
interest of the children may order the other parent to file a plan	14080
for shared parenting in accordance with division (G) of this	14081
section. The court shall review each plan filed to determine if	14082
any plan is in the best interest of the children. If the court	14083
determines that one of the filed plans is in the best interest of	14084
the children, the court may approve the plan. If the court	14085
determines that no filed plan is in the best interest of the	14086
children, the court may order each parent to submit appropriate	14087
changes to the parent's plan or both of the filed plans to meet	14088
the court's objections or may select one filed plan and order each	14089
parent to submit appropriate changes to the selected plan to meet	14090
the court's objections. If changes to the plan or plans are	14091
submitted to meet the court's objections, and if any of the filed	14092
plans with the changes is in the best interest of the children,	14093
the court may approve the plan with the changes. If changes to the	14094
plan or plans are not submitted to meet the court's objections, or	14095
if the parents submit changes to the plan or plans to meet the	14096
court's objections but the court determines that none of the filed	14097
plans with the submitted changes is in the best interest of the	14098
children, the court may reject the portion of the parents'	14099
pleadings or deny the parents' motion or reject the portion of the	14100
parents' pleadings or deny their motions requesting shared	14101
parenting of the children and proceed as if the request or	14102
requests or the motion or motions had not been made. If the court	14103
approves a plan under this division, either as originally filed or	14104
with submitted changes, or if the court rejects the portion of the	14105
pleadings or denies the motion or motions requesting shared	14106
parenting under this division and proceeds as if the request or	14107
requests or the motion or motions had not been made, the court	14108
shall enter in the record of the case findings of fact and	14109
conclusions of law as to the reasons for the approval or the	14110
rejection or denial. Division (D)(1)(b) of this section applies in	14111
relation to the approval or disapproval of a plan under this	14112
division.	14113

(b) The approval of a plan under division (D)(1)(a)(ii) or	14114
(iii) of this section is discretionary with the court. The court	14115
shall not approve more than one plan under either division and	14116
shall not approve a plan under either division unless it	14117
determines that the plan is in the best interest of the children.	14118
If the court, under either division, does not determine that any	14119
filed plan or any filed plan with submitted changes is in the best	14120
interest of the children, the court shall not approve any plan.	14121

(c) Whenever possible, the court shall require that a shared	14122
parenting plan approved under division (D)(1)(a)(i), (ii), or	14123
(iii) of this section ensure the opportunity for both parents to	14124
have frequent and continuing contact with the child, unless	14125
frequent and continuing contact with any parent would not be in	14126
the best interest of the child.	14127

(d) If a court approves a shared parenting plan under	14128
division (D)(1)(a)(i), (ii), or (iii) of this section, the	14129
approved plan shall be incorporated into a final shared parenting	14130
decree granting the parents the shared parenting of the children.	14131
Any final shared parenting decree shall be issued at the same time	14132
as and shall be appended to the final decree of dissolution,	14133
divorce, annulment, or legal separation arising out of the action	14134
out of which the question of the allocation of parental rights and	14135
responsibilities for the care of the children arose.	14136

No provisional shared parenting decree shall be issued in	14137
relation to any shared parenting plan approved under division	14138
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	14139
parenting decree issued under this division has immediate effect	14140
as a final decree on the date of its issuance, subject to	14141
modification or termination as authorized by this section.	14142

(2) If the court finds, with respect to any child under	14143
eighteen years of age, that it is in the best interest of the	14144
child for neither parent to be designated the residential parent	14145
and legal custodian of the child, it may commit the child to a	14146
relative of the child or certify a copy of its findings, together	14147
with as much of the record and the further information, in	14148
narrative form or otherwise, that it considers necessary or as the	14149
juvenile court requests, to the juvenile court for further	14150
proceedings, and, upon the certification, the juvenile court has	14151
exclusive jurisdiction.	14152

(E)(1)(a) The court shall not modify a prior decree	14153
allocating parental rights and responsibilities for the care of	14154
children unless it finds, based on facts that have arisen since	14155
the prior decree or that were unknown to the court at the time of	14156
the prior decree, that a change has occurred in the circumstances	14157
of the child, the child's residential parent, or either of the	14158
parents subject to a shared parenting decree, and that the	14159
modification is necessary to serve the best interest of the child.	14160
In applying these standards, the court shall retain the	14161
residential parent designated by the prior decree or the prior	14162
shared parenting decree, unless a modification is in the best	14163
interest of the child and one of the following applies:	14164

(i) The residential parent agrees to a change in the	14165
residential parent or both parents under a shared parenting decree	14166
agree to a change in the designation of residential parent.	14167

(ii) The child, with the consent of the residential parent or	14168
of both parents under a shared parenting decree, has been	14169
integrated into the family of the person seeking to become the	14170
residential parent.	14171

(iii) The harm likely to be caused by a change of environment	14172
is outweighed by the advantages of the change of environment to	14173
the child.	14174

(b) One or both of the parents under a prior decree	14175
allocating parental rights and responsibilities for the care of	14176
children that is not a shared parenting decree may file a motion	14177
requesting that the prior decree be modified to give both parents	14178
shared rights and responsibilities for the care of the children.	14179
The motion shall include both a request for modification of the	14180
prior decree and a request for a shared parenting order that	14181
complies with division (G) of this section. Upon the filing of the	14182
motion, if the court determines that a modification of the prior	14183
decree is authorized under division (E)(1)(a) of this section, the	14184
court may modify the prior decree to grant a shared parenting	14185
order, provided that the court shall not modify the prior decree	14186
to grant a shared parenting order unless the court complies with	14187
divisions (A) and (D)(1) of this section and, in accordance with	14188
those divisions, approves the submitted shared parenting plan and	14189
determines that shared parenting would be in the best interest of	14190
the children.	14191

(2) In addition to a modification authorized under division	14192
(E)(1) of this section:	14193

(a) Both parents under a shared parenting decree jointly may	14194
modify the terms of the plan for shared parenting approved by the	14195
court and incorporated by it into the shared parenting decree.	14196
Modifications under this division may be made at any time. The	14197
modifications to the plan shall be filed jointly by both parents	14198
with the court, and the court shall include them in the plan,	14199
unless they are not in the best interest of the children. If the	14200
modifications are not in the best interests of the children, the	14201
court, in its discretion, may reject the modifications or make	14202
modifications to the proposed modifications or the plan that are	14203
in the best interest of the children. Modifications jointly	14204
submitted by both parents under a shared parenting decree shall be	14205
effective, either as originally filed or as modified by the court,	14206
upon their inclusion by the court in the plan. Modifications to	14207
the plan made by the court shall be effective upon their inclusion	14208
by the court in the plan.	14209

(b) The court may modify the terms of the plan for shared	14210
parenting approved by the court and incorporated by it into the	14211
shared parenting decree upon its own motion at any time if the	14212
court determines that the modifications are in the best interest	14213
of the children or upon the request of one or both of the parents	14214
under the decree. Modifications under this division may be made at	14215
any time. The court shall not make any modification to the plan	14216
under this division, unless the modification is in the best	14217
interest of the children.	14218

(c) The court may terminate a prior final shared parenting	14219
decree that includes a shared parenting plan approved under	14220
division (D)(1)(a)(i) of this section upon the request of one or	14221
both of the parents or whenever it determines that shared	14222
parenting is not in the best interest of the children. The court	14223
may terminate a prior final shared parenting decree that includes	14224
a shared parenting plan approved under division (D)(1)(a)(ii) or	14225
(iii) of this section if it determines, upon its own motion or	14226
upon the request of one or both parents, that shared parenting is	14227
not in the best interest of the children. If modification of the	14228
terms of the plan for shared parenting approved by the court and	14229
incorporated by it into the final shared parenting decree is	14230
attempted under division (E)(2)(a) of this section and the court	14231
rejects the modifications, it may terminate the final shared	14232
parenting decree if it determines that shared parenting is not in	14233
the best interest of the children.	14234

(d) Upon the termination of a prior final shared parenting	14235
decree under division (E)(2)(c) of this section, the court shall	14236
proceed and issue a modified decree for the allocation of parental	14237
rights and responsibilities for the care of the children under the	14238
standards applicable under divisions (A), (B), and (C) of this	14239
section as if no decree for shared parenting had been granted and	14240
as if no request for shared parenting ever had been made.	14241

(F)(1) In determining the best interest of a child pursuant	14242
to this section, whether on an original decree allocating parental	14243
rights and responsibilities for the care of children or a	14244
modification of a decree allocating those rights and	14245
responsibilities, the court shall consider all relevant factors,	14246
including, but not limited to:	14247

(a) The wishes of the child's parents regarding the child's	14248
care;	14249

(b) If the court has interviewed the child in chambers	14250
pursuant to division (B) of this section regarding the child's	14251
wishes and concerns as to the allocation of parental rights and	14252
responsibilities concerning the child, the wishes and concerns of	14253
the child, as expressed to the court;	14254

(c) The child's interaction and interrelationship with the	14255
child's parents, siblings, and any other person who may	14256
significantly affect the child's best interest;	14257

(d) The child's adjustment to the child's home, school, and	14258
community;	14259

(e) The mental and physical health of all persons involved in	14260
the situation;	14261

(f) The parent more likely to honor and facilitate	14262
court-approved parenting time rights or visitation and	14263
companionship rights;	14264

(g) Whether either parent has failed to make all child	14265
support payments, including all arrearages, that are required of	14266
that parent pursuant to a child support order under which that	14267
parent is an obligor;	14268

(h) Whether either parent or any member of the household of	14269
either parent previously has been convicted of or pleaded guilty	14270
to any criminal offense involving any act that resulted in a child	14271
being an abused child or a neglected child; whether either parent,	14272
in a case in which a child has been adjudicated an abused child or	14273
a neglected child, previously has been determined to be the	14274
perpetrator of the abusive or neglectful act that is the basis of	14275
an adjudication; whether either parent or any member of the	14276
household of either parent previously has been convicted of or	14277
pleaded guilty to a violation of section 2919.25 of the Revised	14278
Code or a sexually oriented offense involving a victim who at the	14279
time of the commission of the offense was a member of the family	14280
or household that is the subject of the current proceeding;	14281
whether either parent or any member of the household of either	14282
parent previously has been convicted of or pleaded guilty to any	14283
offense involving a victim who at the time of the commission of	14284
the offense was a member of the family or household that is the	14285
subject of the current proceeding and caused physical harm to the	14286
victim in the commission of the offense; and whether there is	14287
reason to believe that either parent has acted in a manner	14288
resulting in a child being an abused child or a neglected child;	14289

(i) Whether the residential parent or one of the parents	14290
subject to a shared parenting decree has continuously and	14291
willfully denied the other parent's right to parenting time in	14292
accordance with an order of the court;	14293

(j) Whether either parent has established a residence, or is	14294
planning to establish a residence, outside this state.	14295

(2) In determining whether shared parenting is in the best	14296
interest of the children, the court shall consider all relevant	14297
factors, including, but not limited to, the factors enumerated in	14298
division (F)(1) of this section, the factors enumerated in section	14299
3119.23 of the Revised Code, and all of the following factors:	14300

(a) The ability of the parents to cooperate and make	14301
decisions jointly, with respect to the children;	14302

(b) The ability of each parent to encourage the sharing of	14303
love, affection, and contact between the child and the other	14304
parent;	14305

(c) Any history of, or potential for, child abuse, spouse	14306
abuse, other domestic violence, or parental kidnapping by either	14307
parent;	14308

(d) The geographic proximity of the parents to each other, as	14309
the proximity relates to the practical considerations of shared	14310
parenting;	14311

(e) The recommendation of the guardian ad litem of the child,	14312
if the child has a guardian ad litem.	14313

(3) When allocating parental rights and responsibilities for	14314
the care of children, the court shall not give preference to a	14315
parent because of that parent's financial status or condition.	14316

(G) Either parent or both parents of any children may file a	14317
pleading or motion with the court requesting the court to grant	14318
both parents shared parental rights and responsibilities for the	14319
care of the children in a proceeding held pursuant to division (A)	14320
of this section. If a pleading or motion requesting shared	14321
parenting is filed, the parent or parents filing the pleading or	14322
motion also shall file with the court a plan for the exercise of	14323
shared parenting by both parents. If each parent files a pleading	14324
or motion requesting shared parenting but only one parent files a	14325
plan or if only one parent files a pleading or motion requesting	14326
shared parenting and also files a plan, the other parent as	14327
ordered by the court shall file with the court a plan for the	14328
exercise of shared parenting by both parents. The plan for shared	14329
parenting shall be filed with the petition for dissolution of	14330
marriage, if the question of parental rights and responsibilities	14331
for the care of the children arises out of an action for	14332
dissolution of marriage, or, in other cases, at a time at least	14333
thirty days prior to the hearing on the issue of the parental	14334
rights and responsibilities for the care of the children. A plan	14335
for shared parenting shall include provisions covering all factors	14336
that are relevant to the care of the children, including, but not	14337
limited to, provisions covering factors such as physical living	14338
arrangements, child support obligations, provision for the	14339
children's medical and dental care, school placement, and the	14340
parent with which the children will be physically located during	14341
legal holidays, school holidays, and other days of special	14342
importance.	14343

(H) If an appeal is taken from a decision of a court that	14344
grants or modifies a decree allocating parental rights and	14345
responsibilities for the care of children, the court of appeals	14346
shall give the case calendar priority and handle it expeditiously.	14347

(I) Upon receipt of an order to active military service in	14348
the uniformed services, a parent who is subject to an order	14349
allocating parental rights and responsibilities or in relation to	14350
whom an action to allocate parental rights and responsibilities is	14351
pending and who is ordered to active military service shall notify	14352
the other parent who is subject to the order or in relation to	14353
whom the case is pending of the order to active military service	14354
within three days of receiving the military service order. Either	14355
parent may apply to the court for a hearing to expedite an	14356
allocation or modification proceeding. The application shall	14357
include the date on which the active military service begins.	14358

The court shall schedule a hearing upon receipt of the	14359
application and hold the hearing not later than thirty days after	14360
receipt of the application, except that the court shall give the	14361
case calendar priority and handle the case expeditiously if	14362
exigent circumstances exist in the case.	14363

The court shall not modify a prior decree allocating parental	14364
rights and responsibilities unless the court determines that there	14365
has been a change in circumstances of the child, the child's	14366
residential parent, or either of the parents subject to a shared	14367
parenting decree, and that modification is necessary to serve the	14368
best interest of the child. The court may consider active	14369
military service in the uniformed services in determining whether	14370
a change in circumstances exists under this section and shall	14371
make specific written findings of fact to support any modification	14372
under this division.	14373

Upon application by either parent, the court may modify a	14374
prior decree allocating parental rights and responsibilities after	14375
the parent's active military service has been terminated, hearing	14376
testimony and making specific written findings of fact to support	14377
the modification.	14378

Nothing in this division shall prevent a court from issuing a	14379
temporary order allocating or modifying parental rights and	14380
responsibilities for the duration of the parent's active military	14381
service.	14382

(J) As used in this section:

14383

(1) "Abused child" has the same meaning as in section	14384
2151.031 of the Revised Code~~, and "neglected~~.	14385

(2) "Active military service" means the performance of active	14386
military duty by a member of the uniformed services for a period	14387
of more than thirty days.	14388

(3) "Neglected child" has the same meaning as in section	14389
2151.03 of the Revised Code.	14390

~~(2)~~(4) "Sexually oriented offense" has the same meaning as in	14391
section 2950.01 of the Revised Code.	14392

(5) "Uniformed services" means the United States armed	14393
forces, army national guard and air national guard when engaged in	14394
active duty for training, or the commissioned corps of the United	14395
States public health service.	14396

~~(J)~~(K) As used in the Revised Code, "shared parenting" means	14397
that the parents share, in the manner set forth in the plan for	14398
shared parenting that is approved by the court under division	14399
(D)(1) and described in division ~~(K)~~(L)(6) of this section, all or	14400
some of the aspects of physical and legal care of their children.	14401

~~(K)~~(L) For purposes of the Revised Code:

14402

(1) A parent who is granted the care, custody, and control of	14403
a child under an order that was issued pursuant to this section	14404
prior to April 11, 1991, and that does not provide for shared	14405
parenting has "custody of the child" and "care, custody, and	14406
control of the child" under the order, and is the "residential	14407
parent," the "residential parent and legal custodian," or the	14408
"custodial parent" of the child under the order.	14409

(2) A parent who primarily is allocated the parental rights	14410
and responsibilities for the care of a child and who is designated	14411
as the residential parent and legal custodian of the child under	14412
an order that is issued pursuant to this section on or after April	14413
11, 1991, and that does not provide for shared parenting has	14414
"custody of the child" and "care, custody, and control of the	14415
child" under the order, and is the "residential parent," the	14416
"residential parent and legal custodian," or the "custodial	14417
parent" of the child under the order.	14418

(3) A parent who is not granted custody of a child under an	14419
order that was issued pursuant to this section prior to April 11,	14420
1991, and that does not provide for shared parenting is the	14421
"parent who is not the residential parent," the "parent who is not	14422
the residential parent and legal custodian," or the "noncustodial	14423
parent" of the child under the order.	14424

(4) A parent who is not primarily allocated the parental	14425
rights and responsibilities for the care of a child and who is not	14426
designated as the residential parent and legal custodian of the	14427
child under an order that is issued pursuant to this section on or	14428
after April 11, 1991, and that does not provide for shared	14429
parenting is the "parent who is not the residential parent," the	14430
"parent who is not the residential parent and legal custodian," or	14431
the "noncustodial parent" of the child under the order.	14432

(5) Unless the context clearly requires otherwise, if an	14433
order is issued by a court pursuant to this section and the order	14434
provides for shared parenting of a child, both parents have	14435
"custody of the child" or "care, custody, and control of the	14436
child" under the order, to the extent and in the manner specified	14437
in the order.	14438

(6) Unless the context clearly requires otherwise and except	14439
as otherwise provided in the order, if an order is issued by a	14440
court pursuant to this section and the order provides for shared	14441
parenting of a child, each parent, regardless of where the child	14442
is physically located or with whom the child is residing at a	14443
particular point in time, as specified in the order, is the	14444
"residential parent," the "residential parent and legal	14445
custodian," or the "custodial parent" of the child.	14446

(7) Unless the context clearly requires otherwise and except	14447
as otherwise provided in the order, a designation in the order of	14448
a parent as the residential parent for the purpose of determining	14449
the school the child attends, as the custodial parent for purposes	14450
of claiming the child as a dependent pursuant to section 152(e) of	14451
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	14452
1, as amended, or as the residential parent for purposes of	14453
receiving public assistance pursuant to division (A)(2) of this	14454
section, does not affect the designation pursuant to division	14455
~~(K)~~(L)(6) of this section of each parent as the "residential	14456
parent," the "residential parent and legal custodian," or the	14457
"custodial parent" of the child.	14458

~~(L)~~(M) The court shall require each parent of a child to file	14459
an affidavit attesting as to whether the parent, and the members	14460
of the parent's household, have been convicted of or pleaded	14461
guilty to any of the offenses identified in divisions (C) and	14462
(F)(1)(h) of this section.	14463

Sec. 3109.041. (A) Parties to any custody decree issued	14464
pursuant to section 3109.04 of the Revised Code prior to ~~the~~	14465
~~effective date of this amendment~~April 11, 1991, may file a motion	14466
with the court that issued the decree requesting the issuance of a	14467
shared parenting decree in accordance with division (G) of section	14468
3109.04 of the Revised Code. Upon the filing of the motion, the	14469
court shall determine whether to grant the parents shared rights	14470
and responsibilities for the care of the children in accordance	14471
with divisions (A), (D)(1), ~~and~~ (E)(1), and (I) of section 3109.04	14472
of the Revised Code.	14473

(B) A custody decree issued pursuant to section 3109.04 of	14474
the Revised Code prior to ~~the effective date of this amendment~~	14475
April 11, 1991, that granted joint care, custody, and control of	14476
the children to the parents shall not be affected or invalidated	14477
by, and shall not be construed as being affected or invalidated	14478
by, the provisions of section 3109.04 of the Revised Code relative	14479
to the granting of a shared parenting decree or a decree	14480
allocating parental rights and responsibilities for the care of	14481
children on and after ~~the effective date of this amendment~~April	14482
11, 1991. The decree issued prior to ~~the effective date of this~~	14483
~~amendment~~April 11, 1991 shall remain in full force and effect,	14484
subject to modification or termination pursuant to section 3109.04	14485
of the Revised Code as that section exists on and after ~~the~~	14486
~~effective date of this amendment~~April 11, 1991.	14487

(C) As used in this section, "joint custody" and "joint care,	14488
custody, and control" have the same meaning as "shared parenting."	14489

Sec. 3119.022. When a court or child support enforcement	14490
agency calculates the amount of child support to be paid pursuant	14491
to a child support order in a proceeding in which one parent is	14492
the residential parent and legal custodian of all of the children	14493
who are the subject of the child support order or in which the	14494
court issues a shared parenting order, the court or agency shall	14495
use a worksheet identical in content and form to the following:	14496

CHILD SUPPORT COMPUTATION WORKSHEET	14497

SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER	14498

Name of parties ................................................	14499

Case No. .......................................................	14500

Number of minor children .......................................	14501

The following parent was designated as residential parent and	14502
legal custodian: ...... mother ...... father ...... shared	14503

		Column I	Column II	Column III	14504
		Father	Mother	Combined	14505
INCOME:					14506
1.a.	Annual gross income from				14507
	employment or, when				14508
	determined appropriate				14509
	by the court or agency,				14510
	average annual gross income				14511
	from employment over a				14512
	reasonable period of years.				14513
	(Exclude overtime, bonuses,				14514
	self-employment income, or				14515
	commissions)...............	$......	$......		14516
b.	Amount of overtime,				14517
	bonuses, and commissions				14518
	(year 1 representing the				14519
	most recent year)				14520

Father	Mother	14521
Yr. 3 $..........	Yr. 3 $..........	14522
(Three years ago)	(Three years ago)	14523
Yr. 2 $..........	Yr. 2 $..........	14524
(Two years ago)	(Two years ago)	14525
Yr. 1 $..........	Yr. 1 $..........	14526
(Last calendar year)	(Last calendar year)	14527
Average $.........	Average $.........	14528

	(Include in Col. I and/or				14529
	Col. II the average of the				14530
	three years or the year 1				14531
	amount, whichever is less,				14532
	if there exists a reasonable				14533
	expectation that the total				14534
	earnings from overtime and/or				14535
	bonuses during the current				14536
	calendar year will meet or				14537
	exceed the amount that is				14538
	the lower of the average				14539
	of the three years or the				14540
	year 1 amount. If, however,				14541
	there exists a reasonable				14542
	expectation that the total				14543
	earnings from overtime/				14544
	bonuses during the current				14545
	calendar year will be less				14546
	than the lower of the average				14547
	of the 3 years or the year 1				14548
	amount, include only the				14549
	amount reasonably expected				14550
	to be earned this year.)...	$......	$......		14551
					14552
2.	For self-employment income:				14553
a.	Gross receipts from				14554
	business...................	$......	$......		14555
b.	Ordinary and necessary				14556
	business expenses..........	$......	$......		14557
c.	5.6% of adjusted gross				14558
	income or the actual				14559
	marginal difference between				14560
	the actual rate paid by the				14561
	self-employed individual				14562
	and the F.I.C.A. rate .....	$......	$......		14563
d.	Adjusted gross income from				14564
	self-employment (subtract				14565
	the sum of 2b and 2c from				14566
	2a)........................	$......	$......		14567
					14568
3.	Annual income from interest				14569
	and dividends (whether or				14570
	not taxable)...............	$......	$......		14571
					14572
4.	Annual income from				14573
	unemployment compensation...	$......	$......		14574
					14575
5.	Annual income from workers'				14576
	compensation, disability				14577
	insurance benefits, or social				14578
	security disability/				14579
	retirement benefits........	$......	$......		14580
					14581
6.	Other annual income				14582
	(identify).................	$......	$......		14583
					14584
7.a.	Total annual gross income				14585
	(add lines 1a, 1b, 2d, and				14586
	3-6).......................	$......	$......		14587
b.	Health insurance maximum				14588
	(multiply line 7a by 5%)	$......	$......		14589
					14590
ADJUSTMENTS TO INCOME:					14591
8.	Adjustment for minor children				14592
	born to or adopted by either				14593
	parent and another parent who				14594
	are living with this parent;				14595
	adjustment does not apply				14596
	to stepchildren (number of				14597
	children times federal income				14598
	tax exemption less child				14599
	support received, not to				14600
	exceed the federal tax				14601
	exemption).................	$......	$......		14602
					14603
9.	Annual court-ordered support				14604
	paid for other children....	$......	$......		14605
					14606
10.	Annual court-ordered spousal				14607
	support paid to any spouse				14608
	or former spouse...........	$......	$......		14609
					14610
11.	Amount of local income taxes				14611
	actually paid or estimated				14612
	to be paid.................	$......	$......		14613
					14614
12.	Mandatory work-related				14615
	deductions such as union				14616
	dues, uniform fees, etc.				14617
	(not including taxes, social				14618
	security, or retirement)...	$......	$......		14619
					14620
13.	Total gross income				14621
	adjustments (add lines				14622
	8 through 12)..............	$......	$......		14623
					14624
14.					14625
a.	Adjusted annual gross				14626
	income (subtract line 13				14627
	from line 7a)..............	$......	$......		14628
b.	Cash medical support				14629
	maximum (If the amount				14630
	on line 7a, Col. I, is				14631
	under 150% of the federal				14632
	poverty level for an				14633
	individual, enter $0 on				14634
	line 14b, Col. I. If				14635
	the amount on line 7a,				14636
	Col. I, is 150% or				14637
	higher of the federal				14638
	poverty level for an				14639
	individual, multiply the				14640
	amount on line 14a, Col. I,				14641
	by 5% and enter this amount				14642
	on line 14b, Col. I.				14643
	If the amount on line 7a,				14644
	Col. II, is under 150%				14645
	of the federal poverty level				14646
	for an individual, enter				14647
	$0 on line 14b, Col. II.				14648
	If the amount on line 7a,				14649
	Col. II, is 150% or higher				14650
	of the federal poverty level				14651
	for an individual, multiply				14652
	the amount on line 14a,				14653
	Col. II, by 5% and enter				14654
	this amount on line 14b,				14655
	Col. II.).................	$......	$......		14656
					14657
15.	Combined annual income that				14658
	is basis for child support				14659
	order (add line 14 14a, Col.				14660
	I and Col. II) .............			$......	14661
					14662
16.	Percentage of parent's				14663
	income to total income				14664
a.	Father (divide line 14 14a,				14665
	Col. I, by line 15, Col.				14666
	III).......................%				14667
b.	Mother (divide line 14 14a,				14668
	Col. II, by line 15, Col.				14669
	III).......................%				14670
					14671
17.	Basic combined child				14672
	support obligation (refer				14673
	to schedule, first column,				14674
	locate the amount nearest				14675
	to the amount on line 15,				14676
	Col. III, then refer to				14677
	column for number of				14678
	children in this family.				14679
	If the income of the				14680
	parents is more than one				14681
	sum but less than another,				14682
	you may calculate the				14683
	difference.)...............			$......	14684
					14685
18.	Annual support obligation per parent				14686
a.	Father (multiply line 17,				14687
	Col. III, by line 16a).....	$......			14688
b.	Mother (multiply line 17,				14689
	Col. III, by line 16b).....		$......		14690
					14691
19.	Annual child care expenses				14692
	for children who are the				14693
	subject of this order that				14694
	are work-, employment				14695
	training-, or education-				14696
	related, as approved by				14697
	the court or agency				14698
	(deduct tax credit from				14699
	annual cost, whether or				14700
	not claimed)..............	$......	$......		14701
					14702
20.					14703
a.	Marginal, out-of-pocket				14704
	costs, necessary to provide				14705
	for health insurance for				14706
	the children who are the				14707
	subject of this order				14708
	(contributing cost of private				14709
	family health insurance,				14710
	minus the contributing cost				14711
	of private single health				14712
	insurance, divided by the				14713
	total number of dependents				14714
	covered by the plan,				14715
	including the children				14716
	subject of the support				14717
	order, times the number of				14718
	children subject of the				14719
	support order) ........	$......	$......		14720
b.	Cash medical support				14721
	obligation (enter the amount				14722
	on line 14b or the amount				14723
	of annual health care				14724
	expenditures estimated by				14725
	the United States Department				14726
	of Agriculture and				14727
	described in section 3119.30				14728
	of the Revised Code,				14729
	whichever amount is				14730
	lower) .....................	$......	$......		14731

					14732
21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			14733
		Father (only if obligor		Mother (only if obligor	14734
		or shared parenting)		or shared parenting)	14735
	a.	Additions: line 16a	b.	Additions: line 16b	14736
		times sum of amounts		times sum of amounts	14737
		shown on line 19, Col. II		shown on line 19, Col. I	14738
		and line 20 20a, Col. II		and line 20 20a, Col. I	14739
		$......................		$......................	14740
	c.	Subtractions: line 16b	d.	Subtractions: line 16a	14741
		times sum of amounts		times sum of amounts	14742
		shown on line 19, Col. I		shown on line 19, Col. II	14743
		and line 20 20a, Col. I		and line 20 20a, Col. II	14744
		$.......................		$.......................	14745

				14746
22.	OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			14747
a.	Father: line 18a plus or			14748
	minus the difference between			14749
	line 21a minus line 21c			14750
		$......		14751
b.	Mother: line 18b plus or			14752
	minus the difference between			14753
	line 21b minus line 21d			14754
			$......	14755
				14756
23.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:				14757
a.	(Line 22a or 22b, whichever			14758
	line corresponds to the			14759
	parent who is the obligor).	$......		14760
b.	Any non-means-tested			14761
	benefits, including social			14762
	security and veterans'			14763
	benefits, paid to and			14764
	received by a child or a			14765
	person on behalf of the			14766
	child due to death,			14767
	disability, or retirement			14768
	of the parent...............	$......		14769
c.	Actual annual obligation			14770
	(subtract line 23b from			14771
	line 23a)...................	$......		14772
				14773
24.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			14774

	Father (only if obligor		Mother (only if obligor	14775
	or shared parenting)		or shared parenting)	14776
a.	Additions: line 16a times	b.	Additions: line 16b times	14777
	the sum of the amounts		the sum of the amounts	14778
	shown on line 19, Col. II		shown on line 19, Col. I	14779
	and line 20b, Col. II		and line 20b, Col. I	14780
	$......................		$......................	14781
c.	Subtractions: line 16b	d.	Subtractions: line 16a	14782
	times the sum of the		times the sum of the	14783
	amounts shown on line		amounts shown on line	14784
	19, Col. I and line		19, Col. II and line	14785
	20b, Col. I		20b, Col. II	14786
	$.......................		$.......................	14787
				14788

25.	OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT			14789
	WHEN HEALTH INSURANCE IS NOT PROVIDED:			14790
a.	Father: line 18a plus or minus the difference between line 24a minus line 24c			14791
		$......		14792
b.	Mother: line 18b plus or minus the difference between line 24b and 24d			14793
			$......	14794
				14795
26.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			14796
a.	(Line 25a or 25b, whichever line corresponds to the parent who is the			14797
	obligor)	$......		14798
b.	Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the			14799
	parent	$......		14800
c.	Actual annual obligation (subtract line 26b from line			14801
	26a	$......		14802

		14803
27.a.	Deviation from sole residential parent support amount shown	14804
	on line 23c if amount would be unjust or inappropriate: (see	14805
	section 3119.23 of the Revised Code.) (Specific facts and	14806
	monetary value must be stated.)	14807
		14808
		14809
		14810
		14811
b.	Deviation from shared parenting order: (see sections 3119.23	14812
	and 3119.24 of the Revised Code.) (Specific facts including	14813
	amount of time children spend with each parent, ability of	14814
	each parent to maintain adequate housing for children, and	14815
	each parent's expenses for children must be stated to justify	14816
	deviation.)	14817
		14818
		14819
		14820
		14821

		WHEN HEALTH INSURANCE IS PROVIDED	WHEN HEALTH INSURANCE IS NOT PROVIDED		14822
25 28.	FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I, enter line 23c plus or minus any amounts indicated in line ~~24a~~ 27a or ~~24b~~ 27b; in Col. II, enter line 26c plus or minus any amounts indicated in line 27a or 27b)				14823
		$......	$......	Father/Mother, OBLIGOR	14824
					14825
26 29.	FOR DECREE: Child support per month (divide obligor's annual share, line 25 28, by 12) plus any processing charge				14826
		$......	$......		14827
					14828
30.	FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support amount				14829
	from line 20b		$......		14830
					14831
31.	FOR DECREE: Cash medical support per month (divide				14832
	line 30 by 12)		$......		14833

Prepared by:		14834
Counsel: ....................	Pro se: .................	14835
(For mother/father)		14836
CSEA: .......................	Other: ..................	14837

Worksheet Has Been Reviewed and Agreed To:	14838

...........................	...........................	14839
Mother	Date	14840
...........................	...........................	14841
Father	Date	14842

Sec. 3119.023. When a court or child support enforcement	14843
agency calculates the amount of child support to be paid pursuant	14844
to a court child support order in a proceeding in which the	14845
parents have split parental rights and responsibilities with	14846
respect to the children who are the subject of the child support	14847
order, the court or child support enforcement agency shall use a	14848
worksheet that is identical in content and form to the following:	14849

CHILD SUPPORT COMPUTATION WORKSHEET	14850

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES	14851

Name of parties ................................................	14852

Case No. .......................................................	14853

Number of minor children .......................................	14854

Number of minor children with mother .......... father .........	14855

		Column I	Column II	Column III	14856
		Father	Mother	Combined	14857
INCOME:					14858
1.a.	Annual gross income from				14859
	employment or, when				14860
	determined appropriate				14861
	by the court or agency,				14862
	average annual gross income				14863
	from employment over a				14864
	reasonable period of years.				14865
	(Exclude overtime, bonuses,				14866
	self-employment income, or				14867
	commissions)...............	$......	$......		14868
b.	Amount of overtime,				14869
	bonuses, and commissions				14870
	(year 1 representing the				14871
	most recent year)				14872

Father	Mother	14873
Yr. 3 $..........	Yr. 3 $..........	14874
(Three years ago)	(Three years ago)	14875
Yr. 2 $..........	Yr. 2 $..........	14876
(Two years ago)	(Two years ago)	14877
Yr. 1 $..........	Yr. 1 $..........	14878
(Last calendar year)	(Last calendar year)	14879
Average $..........	$............	14880

	(Include in Col. I and/or				14881
	Col. II the average of the				14882
	three years or the year 1				14883
	amount, whichever is less,				14884
	if there exists a reasonable				14885
	expectation that the total				14886
	earnings from overtime and/or				14887
	bonuses during the current				14888
	calendar year will meet or				14889
	exceed the amount that is				14890
	the lower of the average				14891
	of the three years or the				14892
	year 1 amount. If, however,				14893
	there exists a reasonable				14894
	expectation that the total				14895
	earnings from overtime/				14896
	bonuses during the current				14897
	calendar year will be less				14898
	than the lower of the average				14899
	of the 3 years or the year 1				14900
	amount, include only the				14901
	amount reasonably expected				14902
	to be earned this year.)...	$......	$......		14903
					14904
2.	For self-employment income				14905
a.	Gross receipts from				14906
	business...................	$......	$......		14907
b.	Ordinary and necessary				14908
	business expenses..........	$......	$......		14909
c.	5.6% of adjusted gross				14910
	income or the actual				14911
	marginal difference between				14912
	the actual rate paid by the				14913
	self-employed individual				14914
	and the F.I.C.A. rate .....	$......	$......		14915
d.	Adjusted gross income from				14916
	self-employment (subtract				14917
	the sum of 2b and 2c from				14918
	2a)........................	$......	$......		14919
					14920
3.	Annual income from interest				14921
	and dividends (whether or				14922
	not taxable)...............	$......	$......		14923
					14924
4.	Annual income from				14925
	unemployment compensation...	$......	$......		14926
					14927
5.	Annual income from workers'				14928
	compensation, disability				14929
	insurance benefits or social				14930
	security disability				14931
	retirement benefits........	$......	$......		14932
					14933
6.	Other annual income				14934
	(identify).................	$......	$......		14935
					14936
7.a.	Total annual gross income				14937
	(add lines 1a, 1b, 2d, and				14938
	3-6).......................	$......	$......		14939
b.	Health insurance maximum				14940
	(multiply line 7a				14941
	by 5%)	$......	$......		14942
					14943
ADJUSTMENTS TO INCOME:					14944
8.	Adjustment for minor children				14945
	born to or adopted by either				14946
	parent and another parent who				14947
	are living with this parent;				14948
	adjustment does not apply				14949
	to stepchildren (number of				14950
	children times federal income				14951
	tax exemption less child				14952
	support received, not to				14953
	exceed the federal tax				14954
	exemption).................	$......	$......		14955
					14956
9.	Annual court-ordered support				14957
	paid for other children....	$......	$......		14958
					14959
10.	Annual court-ordered spousal				14960
	support paid to any spouse				14961
	or former spouse...........	$......	$......		14962
					14963
11.	Amount of local income taxes				14964
	actually paid or estimated				14965
	to be paid.................	$......	$......		14966
					14967
12.	Mandatory work-related				14968
	deductions such as union				14969
	dues, uniform fees, etc.				14970
	(not including taxes, social				14971
	security, or retirement)...	$......	$......		14972
					14973
13.	Total gross income				14974
	adjustments (add lines				14975
	8 through 12)..............	$......	$......		14976
					14977
14.					14978
a.	Adjusted annual gross				14979
	income (subtract line 13				14980
	from 7a)....................	$......	$......		14981
b.	Cash medical support				14982
	maximum (If the amount on line 7a, Col. I, is under 150% of the federal poverty level for an individual, enter $0 on line 14b., Col. I. If the amount on line 7a, Col. I, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. I, by 5% and enter this amount on line 14b, Col. I. If the amount on line 7a, Col. II, is under 150% of the federal poverty level for an individual, enter $0 on line 14b, Col. II. If the amount on line 7a, Col. II, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. II, by 5% and enter this amount on line 14b, Col. II.)				14983
		$......	$......		14984
					14985
15.	Combined annual income that				14986
	is basis for child support				14987
	order (add line 14 14a,				14988
	Col. I and Col. II)..........			$......	14989
					14990
16.	Percentage of parent's				14991
	income to total income				14992
a.	Father (divide line 14 14a,				14993
	Col. I, by line 15, Col.				14994
	III).......................%				14995
b.	Mother (divide line 14 14a,				14996
	Col. II, by line 15, Col.				14997
	III).......................%				14998
					14999
17.	Basic combined child				15000
	support obligation (refer				15001
	to schedule, first column,				15002
	locate the amount nearest				15003
	to the amount on line 15,				15004
	Col. III, then refer to				15005
	column for number of				15006
	children with this parent.				15007
	If the income of the				15008
	parents is more than one				15009
	sum but less than another,				15010
	you may calculate the				15011
	difference)................				15012
					15013

For children	For children	15014
for whom the	for whom the	15015
mother is the	father is the	15016
residential	residential	15017
parent and	parent and	15018
legal custodian	legal custodian	15019
$............	$............	15020

				15021
18.	Annual support obligation per parent				15022
a.	Of father for children for				15023
	whom mother is the				15024
	residential parent and				15025
	legal custodian (multiply				15026
	line 17, Col. I, by line				15027
	16a).......................	$......			15028
b.	Of mother for children for				15029
	whom the father is the				15030
	residential parent and				15031
	legal custodian (multiply				15032
	line 17, Col. II, by line				15033
	16b).......................		$......		15034
					15035
19.	Annual child care expenses				15036
	for children who are the				15037
	subject of this order that				15038
	are work-, employment				15039
	training-, or education-				15040
	related, as approved by				15041
	the court or agency				15042
	(deduct tax credit from				15043
	annual cost whether or				15044
	not claimed)...............	Paid by	Paid by		15045
		father	mother		15046
		$......	$......		15047
					15048
20.					15049
a.	Marginal, out-of-pocket				15050
	costs, necessary to provide				15051
	for health insurance for				15052
	the children who are the				15053
	subject of this order				15054
	(contributing cost of private family health insurance, minus the contributing cost of private single health insurance, divided by the total number of dependents covered by the plan, including the children subject of the support order, times the number of children subject of the support				15055
	order) ...............	Paid by	Paid by		15056
		father	mother		15057
		$......	$......		15058
b.	Cash medical support				15059
	obligation (enter the amount on line 14b or the amount of annual health care expenditures estimated by the United States Department of Agriculture and described in section 3119.30 of the Revised Code, whichever				15060
	amount is lower)..........	$......	$......		15061
					15062
21.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:				15063

	Father		Mother	15064
a.	Additions: line 16a	b.	Additions: line 16b	15065
	times sum of amounts		times sum of amounts	15066
	shown on line 19, Col. II		shown on line 19, Col. I	15067
	and line 20 20a, Col. II		and line 20 20a, Col. I	15068
	$......................		$......................	15069
c.	Subtractions: line 16b	d.	Subtractions: line 16a	15070
	times sum of amounts		times sum of amounts	15071
	shown on line 19, Col. I		shown on line 19, Col. II	15072
	and line 20 20a, Col. I		and line 20 20a, Col. II	15073
	$.......................		$.......................	15074

				15075
22.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:			15076
a.	Father: line 18a plus line			15077
	21a minus line 21c (if the			15078
	amount on line 21c is			15079
	greater than or equal to			15080
	the amount on line 21a--			15081
	enter the number on line			15082
	18a in Col. I)..............	$......		15083
b.	Any non-means-tested			15084
	benefits, including social			15085
	security and veterans'			15086
	benefits, paid to and			15087
	received by children for			15088
	whom the mother is the			15089
	residential parent and			15090
	legal custodian or a person			15091
	on behalf of those children			15092
	due to death, disability,			15093
	or retirement of the			15094
	father.....................	$......		15095
c.	Actual annual obligation of			15096
	father (subtract line 22b			15097
	from line 22a).............	$......		15098
d.	Mother: line 18b plus line			15099
	21b minus line 21d (if the			15100
	amount on line 21d is			15101
	greater than or equal to			15102
	the amount on line			15103
	21b--enter the number on			15104
	line 18b in Col. II).......		$......	15105
e.	Any non-means-tested			15106
	benefits, including social			15107
	security and veterans'			15108
	benefits, paid to and			15109
	received by children for			15110
	whom the father is the			15111
	residential parent and			15112
	legal custodian or a person			15113
	on behalf of those children			15114
	due to death, disability,			15115
	or retirement of the			15116
	mother......................		$......	15117
f.	Actual annual obligation			15118
	of mother (subtract line 22e			15119
	from line 22d)..............		$......	15120
g.	Actual annual obligation			15121
	payable (subtract lesser			15122
	actual annual obligation			15123
	from greater actual annual			15124
	obligation using amounts in			15125
	lines 22c and 22f to			15126
	determine net child support			15127
	payable)....................	$......	$......	15128
				15129
23.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			15130

	Father		Mother	15131
a.	Additions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II	b.	Additions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I	15132
	$...............		$...............	15133
c.	Subtractions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I	d.	Subtractions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II	15134
	$...............		$...............	15135

				15136
24.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			15137
a.	Father: line 18a plus line 23a minus line 23c (if the amount on line 23c is greater than or equal to the amount on line 23a, enter the number on line 18a in			15138
	Col. I)	$......		15139
b.	Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child for whom the mother is the residential parent and legal custodian, or a person on behalf of the child, due to death, disability, or			15140
	retirement of the father	$......		15141
c.	Actual annual obligation of the father (subtract line 24b			15142
	from line 24a)	$......		15143
d.	Mother: line 18b plus line 23b minus 23d (if the amount on line 23d is greater than or equal to the amount on line 23b, enter the number on line 18b in Col. II)			15144
			$......	15145
e.	Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child for whom the father is the residential parent and legal custodian, or a person on behalf of the child, due to death, disability, or retirement of the mother			15146
			$......	15147
f.	Actual annual obligation of the mother (subtract line 24e			15148
	from line 24d)		$......	15149
g.	Actual annual obligation payable (subtract lesser actual annual obligation from greater annual obligation of parents using amounts in lines 24c and 24f to determine net child support payable)			15150
		$......	$......	15151
h.	Add line 20b, Col. I, to line 24g, Col. I, when father is the obligor or line 20b, Col. II, to line 24g, Col. II, when mother is obligor			15152
		$......	$......	15153

		15154
25.	Deviation from split residential parent guideline amount shown on line 22c ~~or 22f~~, 22f, 24c, or 24f if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.)	15155
		15156
		15157
		15158
		15159

		WHEN HEALTH INSURANCE IS PROVIDED	WHEN HEALTH INSURANCE IS NOT PROVIDED		15160
24 26.	FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I enter line 22g plus or minus any amounts indicated in line 23 25, or in Col. II enter line 24h plus or minus any amounts indicated on line 25.)				15161
		$......	$......	Father/Mother, OBLIGOR	15162
					15163
25 27.	FOR DECREE: Child support per month (divide obligor's annual share, line 24 26, by 12) plus any processing charge				15164
		$......	$......		15165
					15166
28.	FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support from line 20b)				15167
			$......		15168
					15169
29.	FOR DECREE: Cash medical support per month (divide line 28 by 12)				15170
			$......		15171

Prepared by:		15172
Counsel: ....................	Pro se: .................	15173
(For mother/father)		15174
CSEA: .......................	Other: ..................	15175

Worksheet Has Been Reviewed and Agreed To:	15176

...........................	...........................	15177
Mother	Date	15178
...........................	...........................	15179
Father	Date	15180

Sec. 3119.05. When a court computes the amount of child	15181
support required to be paid under a court child support order or a	15182
child support enforcement agency computes the amount of child	15183
support to be paid pursuant to an administrative child support	15184
order, all of the following apply:	15185

(A) The parents' current and past income and personal	15186
earnings shall be verified by electronic means or with suitable	15187
documents, including, but not limited to, paystubs, employer	15188
statements, receipts and expense vouchers related to	15189
self-generated income, tax returns, and all supporting	15190
documentation and schedules for the tax returns.	15191

(B) The amount of any pre-existing child support obligation	15192
of a parent under a child support order and the amount of any	15193
court-ordered spousal support actually paid shall be deducted from	15194
the gross income of that parent to the extent that payment under	15195
the child support order or that payment of the court-ordered	15196
spousal support is verified by supporting documentation.	15197

(C) If other minor children who were born to the parent and a	15198
person other than the other parent who is involved in the	15199
immediate child support determination live with the parent, the	15200
court or agency shall deduct an amount from that parent's gross	15201
income that equals the number of such minor children times the	15202
federal income tax exemption for such children less child support	15203
received for them for the year, not exceeding the federal income	15204
tax exemption.	15205

(D) When the court or agency calculates the gross income of a	15206
parent, it shall include the lesser of the following as income	15207
from overtime and bonuses:	15208

(1) The yearly average of all overtime, commissions, and	15209
bonuses received during the three years immediately prior to the	15210
time when the person's child support obligation is being computed;	15211

(2) The total overtime, commissions, and bonuses received	15212
during the year immediately prior to the time when the person's	15213
child support obligation is being computed.	15214

(E) When the court or agency calculates the gross income of a	15215
parent, it shall not include any income earned by the spouse of	15216
that parent.	15217

(F) ~~The court shall not order an amount of child support for~~	15218
~~reasonable and ordinary uninsured medical or dental expenses in~~	15219
~~addition to the amount of the child support obligation determined~~	15220
~~in accordance with the schedule.~~ The court shall issue a separate	15221
order for extraordinary medical or dental expenses, including, but	15222
not limited to, orthodontia, psychological, appropriate private	15223
education, and other expenses, and may consider the expenses in	15224
adjusting a child support order.	15225

(G) When a court or agency calculates the amount of child	15226
support to be paid pursuant to a court child support order or an	15227
administrative child support order, if the combined gross income	15228
of both parents is an amount that is between two amounts set forth	15229
in the first column of the schedule, the court or agency may use	15230
the basic child support obligation that corresponds to the higher	15231
of the two amounts in the first column of the schedule, use the	15232
basic child support obligation that corresponds to the lower of	15233
the two amounts in the first column of the schedule, or calculate	15234
a basic child support obligation that is between those two amounts	15235
and corresponds proportionally to the parents' actual combined	15236
gross income.	15237

(H) When the court or agency calculates gross income, the	15238
court or agency, when appropriate, may average income over a	15239
reasonable period of years.	15240

(I) A court or agency shall not determine a parent receiving	15241
means-tested public assistance benefits to be voluntarily	15242
unemployed or underemployed and shall not impute income to that	15243
parent, unless not making such determination and not imputing	15244
income would be unjust, inappropriate, and not in the best	15245
interest of the child.	15246

(J) When a court or agency requires a parent to pay an amount	15247
for that parent's failure to support a child for a period of time	15248
prior to the date the court modifies or issues a court child	15249
support order or an agency modifies or issues an administrative	15250
child support order for the current support of the child, the	15251
court or agency shall calculate that amount using the basic child	15252
support schedule, worksheets, and child support laws in effect,	15253
and the incomes of the parents as they existed, for that prior	15254
period of time.	15255

Sec. 3119.27. (A) A court that issues or modifies a court	15256
support order, or an administrative agency that issues or modifies	15257
an administrative child support order, shall impose on the obligor	15258
under the support order a processing charge that is the greater of	15259
two per cent of the support payment to be collected under a	15260
support order or one dollar per month. No court or agency may call	15261
the charge a poundage fee.	15262

(B) In each child support case that is a Title IV-D case, the	15263
department of job and family services shall annually claim	15264
twenty-five dollars from the processing charge described in	15265
division (A) of this section for federal reporting purposes if	15266
the obligee has never received assistance under Title IV-A and	15267
the department has collected at least five hundred dollars of	15268
child support for the obligee. The director of job and family	15269
services shall adopt rules under Chapter 119. of the Revised Code	15270
to implement this division, and the department shall implement	15271
this division not later than March 31, 2008.	15272

15273

(1) "Annual" means the period as defined in regulations	15274
issued by the United States secretary of health and human services	15275
to implement the Deficit Reduction Act of 2005 (P.L. 109-171).	15276

(2) "Title IV-A" has the same meaning as in section 5107.02	15277
of the Revised Code.	15278

(3) "Title IV-D case" has the same meaning as in section	15279
3125.01 of the Revised Code.	15280

Sec. 3119.29. (A) As used in this section and sections	15281
3119.30 to 3119.56 of the Revised Code:	15282

~~(A)~~(1) "Cash medical support" means an amount ordered to be	15283
paid in a child support order toward the cost of health insurance	15284
provided by a public entity, another parent, or person with whom	15285
the child resides, through employment or otherwise, or for other	15286
medical cost not covered by insurance.	15287

(2) "Federal poverty line" has the same meaning as defined in	15288
section 5104.01 of the Revised Code.	15289

(3) "Health care" means such medical support that includes	15290
coverage under a health insurance plan, payment of costs of	15291
premiums, co-payments, and deductibles, or payment for medical	15292
expenses incurred on behalf of the child.	15293

(4) "Health insurance coverage" means accessible private	15294
health insurance that provides primary care services within thirty	15295
miles from the residence of the child subject to the child support	15296
order.	15297

(5) "Health plan administrator" means any entity authorized	15298
under Title XXXIX of the Revised Code to engage in the business of	15299
insurance in this state, any health insuring corporation, any	15300
legal entity that is self-insured and provides benefits to its	15301
employees or members, and the administrator of any such entity or	15302
corporation.	15303

~~(B)~~(6) "National medical support notice" means a form	15304
required by the "Child Support Performance and Incentive Act of	15305
1998," P.L. 105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as	15306
amended, and jointly developed and promulgated by the secretary of	15307
health and human services and the secretary of labor in federal	15308
regulations adopted under that act as modified by the department	15309
of job and family services under section 3119.291 of the Revised	15310
Code.	15311

~~(C)~~(7) "Person required to provide health insurance coverage"	15312
means the obligor, obligee, or both, required by the court under a	15313
court child support order or by the child support enforcement	15314
agency under an administrative child support order to provide	15315
health insurance coverage pursuant to section 3119.30 of the	15316
Revised Code.	15317

(8) Subject to division (B) of this section, "reasonable	15318
cost" means the contributing cost of private family health	15319
insurance to the person responsible for the health care of the	15320
children subject to the child support order that does not exceed	15321
an amount equal to five per cent of the annual gross income of	15322
that person.	15323

(9) "Title XIX" has the same meaning as defined in section	15324
5111.20 of the Revised Code.	15325

(B) If the United States secretary of health and human	15326
services issues a regulation defining "reasonable cost" or a	15327
similar term or phrase relevant to the provisions in child support	15328
orders relating to the provision of health care for children	15329
subject to the orders, and if that definition is substantively	15330
different from the meaning of "reasonable cost" as defined in	15331
division (A) of this section, "reasonable cost" as used in this	15332
section shall have the meaning as defined by the United States	15333
secretary of health and human services.	15334

Sec. 3119.30. (A) In any action or proceeding in which a	15335
child support order is issued or modified, the court, with respect	15336
to court child support orders, and the child support enforcement	15337
agency, with respect to administrative child support orders, shall	15338
determine the person or persons responsible for the health care of	15339
the children subject to the child support order and shall include	15340
provisions for the health care of the children in the child	15341
support order. The order shall specify that the obligor and	15342
obligee are both liable for the health care of the children who	15343
are not covered by private health insurance or cash medical	15344
support as calculated in accordance with section 3119.022 or	15345
3119.023 of the Revised Code, as applicable. ~~The determination~~	15346
~~shall be based~~	15347

(B) Based on information provided to the court or to the	15348
child support enforcement agency under section 3119.31 of the	15349
Revised Code~~. The~~, the order shall include one of the following:	15350

~~(A) A requirement that the obligor under the child support~~	15351
~~order obtain health insurance coverage for the children if~~	15352
~~coverage is available at a reasonable cost through a group policy,~~	15353
~~contract, or plan offered by the obligor's employer or through any~~	15354
~~other group policy, contract, or plan available to the obligor and~~	15355
~~is not available for a more reasonable cost through a group~~	15356
~~policy, contract, or plan available to the obligee;~~	15357

~~(B)~~(1) A requirement that both the obligor and the obligee	15358
obtain private health insurance coverage for the children if	15359
coverage is available for the children at a reasonable cost to	15360
both the obligor and the obligee and dual coverage would provide	15361
for coordination of medical benefits without unnecessary	15362
duplication of coverage.	15363

(2) A requirement that the obligee obtain private health	15364
insurance coverage for the children if coverage is available	15365
~~through a group policy, contract, or plan offered by the obligee's~~	15366
~~employer or~~ through any ~~other~~ group policy, contract, or plan	15367
available to the obligee and is available at a more reasonable	15368
cost than coverage is available to the obligor;	15369

~~(C)~~(3) A requirement that the obligor obtain private health	15370
insurance coverage for the children if coverage is available	15371
through any group policy, contract, or plan available to the	15372
obligor at a more reasonable cost than coverage is available to	15373
the obligee;	15374

(4) If health insurance coverage for the children is not	15375
available at a reasonable cost ~~through a group policy, contract,~~	15376
~~or plan offered by the obligor's or obligee's employer or through~~	15377
~~any~~ ~~other~~ group policy, contract, or plan available to the obligor	15378
or the obligee at the time the court or child enforcement agency	15379
issues the order, a requirement that the obligor ~~and~~or the	15380
obligee ~~share liability for the cost of the medical and health~~	15381
~~care needs of the children, under an equitable formula established~~	15382
~~by the court, with respect to a court child support order, or the~~	15383
~~child support enforcement agency, with respect to an~~	15384
~~administrative child support order, and a requirement that if,~~	15385
~~after the issuance of the order, health insurance coverage for the~~	15386
~~children becomes available at a reasonable cost~~ ~~through a group~~	15387
~~policy, contract, or plan offered by the obligor's or obligee's~~	15388
~~employer or~~ through any ~~other~~ group policy, contract, or plan	15389
available to the obligor or obligee, the obligor or obligee to	15390
whom the coverage becomes available immediately inform the court,	15391
with respect to a court child support order, or the child support	15392
enforcement agency, with respect to an administrative child	15393
support order;	15394

~~(D) A requirement that both the obligor and the obligee~~	15395
~~obtain health insurance coverage for the children if coverage is~~	15396
~~available for the children at a reasonable cost to both the~~	15397
~~obligor and the obligee and dual coverage would provide for~~	15398
~~coordination of medical benefits without unnecessary duplication~~	15399
~~of coverage~~immediately inform the child support enforcement	15400
agency that private health insurance coverage for the children	15401
has become available to either the obligor or obligee. The child	15402
support enforcement agency shall determine if the private health	15403
insurance coverage is available at a reasonable cost and if	15404
coverage is reasonable, division (B)(2) or (3) shall apply, as	15405
applicable.	15406

(C) When a child support order is issued or modified, and the	15407
obligor's gross income is one hundred fifty per cent or more of	15408
the federal poverty level for an individual, the order shall	15409
include the amount of cash medical support to be paid by the	15410
obligor that is either five per cent of the obligor's adjusted	15411
gross income or the obligor's share of the United States	15412
department of agriculture estimated annual health care expenditure	15413
per child as determined in accordance with federal law and	15414
regulation, whichever is the lower amount. The amount of cash	15415
medical support paid by the obligor shall be paid during any	15416
period after the court or child support enforcement agency issues	15417
or modifies the order in which the children are not covered by	15418
private health insurance.	15419

(D) Any cash medical support paid pursuant to division (C) of	15420
this section shall be paid by the obligor to either the obligee if	15421
the children are not Medicaid recipients, or to the office of	15422
child support to defray the cost of Medicaid expenditures if the	15423
children are Medicaid recipients. The child support enforcement	15424
agency administering the court or administrative order shall amend	15425
the amount of monthly child support obligation to reflect the	15426
amount paid when private health insurance is not provided, as	15427
calculated in the current order pursuant to section 3119.022 or	15428
3119.023 of the Revised Code, as applicable.	15429

The child support enforcement agency shall give the obligor	15430
notice in accordance with Chapter 3121. of the Revised Code and	15431
provide the obligor an opportunity to be heard if the obligor	15432
believes there is a mistake of fact regarding the availability of	15433
private health insurance at a reasonable cost as determined under	15434
division (B) of this section.	15435

(E) The obligor shall begin payment of any cash medical	15436
support on the first day of the month immediately following the	15437
month in which private health insurance coverage is unavailable or	15438
terminates and shall cease payment on the last day of the month	15439
immediately preceding the month in which private health insurance	15440
coverage begins or resumes. During the period when cash medical	15441
support is required to be paid, the obligor or obligee must	15442
immediately inform the child support enforcement agency that	15443
health insurance coverage for the children has become available.	15444

Sec. 3119.302. (A) When the court, with respect to a court	15445
child support order, or the child support enforcement agency, with	15446
respect to an administrative child support order, determines the	15447
person or persons responsible for the health care of the children	15448
subject to the order pursuant to section 3119.30 of the Revised	15449
Code, all of the following apply:	15450

(1) The court or agency shall consider any private health	15451
insurance in which the obligor, obligee, or children, are enrolled	15452
at the time the court or agency issues the order.	15453

(2) If the contributing cost of private family health	15454
insurance to either parent exceeds five per cent of that parent's	15455
annual gross income, that parent shall not be ordered to provide	15456
private health insurance for the child except as follows:	15457

(a) When both parents agree that one, or both, of the parents	15458
obtain or maintain the private health insurance that exceeds five	15459
per cent of the annual gross income of the parent obtaining or	15460
maintaining the private health insurance;	15461

(b) When either parent requests to obtain or maintain the	15462
private health insurance that exceeds five per cent of that	15463
parent's annual gross income;	15464

(c) When the court determines that it is in the best interest	15465
of the children for a parent to obtain and maintain private health	15466
insurance that exceeds five per cent of that parent's annual gross	15467
income and the cost will not impose an undue financial burden on	15468
either parent. If the court makes such a determination, the court	15469
must include the facts and circumstances of the determination in	15470
the child support order.	15471

(3) If private health insurance is available at a reasonable	15472
cost to either parent through a group policy, contract, or plan,	15473
and the court determines that it is not in the best interest of	15474
the children to utilize the available private health insurance,	15475
the court shall state the facts and circumstances of the	15476
determination in the child support order. The court determination	15477
under this division shall not limit any obligation to provide cash	15478
medical support pursuant to section 3119.30 of the Revised Code.	15479

(4) Notwithstanding division (A)(4) of section 3119.29 of the	15480
Revised Code, the court or agency may allow private health	15481
insurance to be farther than thirty miles if residents in part or	15482
all of the immediate geographic area customarily travel farther	15483
distances or if primary care services are accessible only by	15484
public transportation. The court or agency shall include this	15485
accessibility determination in the child support order.	15486

(B) The director of job and family services shall create and	15487
annually update a table to be used to determine the amount of cash	15488
medical support to be paid pursuant to division (C) of section	15489
3119.30 of the Revised Code. The table shall incorporate potential	15490
combined gross incomes of the parties, in a manner determined by	15491
the director, and the United States department of agriculture	15492
estimated annual health care expenditure per child as determined	15493
in accordance with federal law and regulation.	15494

Sec. 3119.32. A child support order shall contain all of the	15495
following:	15496

(A) If the obligor, obligee, or both obligor and obligee, are	15497
required under section 3119.30 of the Revised Code to provide	15498
private health insurance coverage for the children, a requirement	15499
pursuant to section 3119.30 of the Revised Code that whoever is	15500
required to provide private health insurance coverage provide to	15501
the other, not later than thirty days after the issuance of the	15502
order, information regarding the benefits, limitations, and	15503
exclusions of the coverage, copies of any insurance forms	15504
necessary to receive reimbursement, payment, or other benefits	15505
under the coverage, and a copy of any necessary insurance cards;	15506

(B) A statement setting forth the name, address, and	15507
telephone number of the individual who is to be reimbursed for	15508
out-of-pocket medical, optical, hospital, dental, or prescription	15509
expenses paid for each child and a statement that the health plan	15510
administrator that provides the private health insurance coverage	15511
for the children may continue making payment for medical, optical,	15512
hospital, dental, or prescription services directly to any health	15513
care provider in accordance with the applicable private health	15514
insurance policy, contract, or plan;	15515

(C) A requirement that a person required to provide private	15516
health insurance coverage for the children designate the children	15517
as covered dependents under any private health insurance policy,	15518
contract, or plan for which the person contracts;	15519

(D) A requirement that the obligor, the obligee, or both of	15520
them under a formula established by the court, with respect to a	15521
court child support order, or the child support enforcement	15522
agency, with respect to an administrative child support order, pay	15523
co-payment or deductible costs required under the private health	15524
insurance policy, contract, or plan that covers the children;	15525

(E) A notice that the employer of the person required to	15526
obtain private health insurance coverage is required to release to	15527
the other parent, any person subject to an order issued under	15528
section 3109.19 of the Revised Code, or the child support	15529
enforcement agency on written request any necessary information on	15530
the private health insurance coverage, including the name and	15531
address of the health plan administrator and any policy, contract,	15532
or plan number, and to otherwise comply with this section and any	15533
order or notice issued under this section;	15534

(F) A statement setting forth the full name and date of birth	15535
of each child who is the subject of the child support order;	15536

(G) A requirement that the obligor and the obligee comply	15537
with any requirement described in section 3119.30 of the Revised	15538
Code and divisions (A) and (C) of this section that is contained	15539
in an order issued in compliance with this section no later than	15540
thirty days after the issuance of the order;	15541

(H) A notice that states the following: "If the person	15542
required to obtain private health care insurance coverage for the	15543
children subject to this child support order obtains new	15544
employment, the agency shall comply with the requirements of	15545
section 3119.34 of the Revised Code, which may result in the	15546
issuance of a notice requiring the new employer to take whatever	15547
action is necessary to enroll the children in private health care	15548
insurance coverage provided by the new employer."	15549

(I) A statement that, upon receipt of notice by the child	15550
support enforcement agency that private health insurance coverage	15551
is not available at a reasonable cost, cash medical support shall	15552
be paid in the amount as determined by the child support	15553
computation worksheets in section 3119.022 or 3119.023 of the	15554
Revised Code, as applicable. The child support enforcement agency	15555
may change the financial obligations of the parties to pay child	15556
support in accordance with the terms of the court or	15557
administrative order and cash medical support without a hearing	15558
or additional notice to the parties.	15559

Sec. 3123.23. (A) The director of job and family services	15560
shall adopt rules under Chapter 119. of the Revised Code to	15561
implement a program to collect arrearages owed under child support	15562
orders from insurance claims, settlements, awards, and payments	15563
based on information obtained pursuant to Title IV-D of the Social	15564
Security Act, 42 U.S.C. 652.	15565

(B) Any insurer and any director, agent, or employee	15566
authorized to act on behalf of an insurer, that releases	15567
information or makes a disclosure in accordance with rules adopted	15568
pursuant to this section shall be immune from liability in a civil	15569
action for harm resulting from the disclosure.	15570

(C) As used in this section, "insurer" has the same meaning	15571
as in section 3901.32 of the Revised Code.	15572

Sec. 3125.12. Each child support enforcement agency shall	15573
enter into a plan of cooperation with the board of county	15574
commissioners under section 307.983 of the Revised Code and comply	15575
with each ~~fiscal~~grant agreement the board enters into under	15576
~~section~~sections 307.98 and 5101.21 and contracts the board enters	15577
into under sections 307.981 and 307.982 of the Revised Code that	15578
affect the agency.	15579

Sec. 3301.011. As used in Title XXXIII of the Revised Code,	15580
"total student count" for any school district means the average	15581
number of students enrolled during the first full school week of	15582
October in a school district in grades kindergarten through	15583
twelve, including students with dual enrollment in a joint	15584
vocational or cooperative education district that week, and the	15585
total number of students enrolled in ~~preschool handicapped~~ units	15586
for preschool children with disabilities on the first day of	15587
December in the district.	15588

Sec. 3301.07. The state board of education shall exercise	15589
under the acts of the general assembly general supervision of the	15590
system of public education in the state. In addition to the powers	15591
otherwise imposed on the state board under the provisions of law,	15592
the board shall have the following powers:	15593

(A) Exercise policy forming, planning, and evaluative	15594
functions for the public schools of the state, and for adult	15595
education, except as otherwise provided by law;	15596

(B) Exercise leadership in the improvement of public	15597
education in this state, and administer the educational policies	15598
of this state relating to public schools, and relating to	15599
instruction and instructional material, building and equipment,	15600
transportation of pupils, administrative responsibilities of	15601
school officials and personnel, and finance and organization of	15602
school districts, educational service centers, and territory.	15603
Consultative and advisory services in such matters shall be	15604
provided by the board to school districts and educational service	15605
centers of this state. The board also shall develop a standard of	15606
financial reporting which shall be used by all school districts	15607
and educational service centers to make their financial	15608
information available to the public in a format understandable by	15609
the average citizen and provide year-to-year comparisons for at	15610
least five years. The format shall show, among other things,	15611
district and educational service center revenue by source;	15612
expenditures for salaries, wages, and benefits of employees,	15613
showing such amounts separately for classroom teachers, other	15614
employees required to hold licenses issued pursuant to sections	15615
3319.22 to 3319.31 of the Revised Code, and all other employees;	15616
expenditures other than for personnel, by category, including	15617
utilities, textbooks and other educational materials, equipment,	15618
permanent improvements, pupil transportation, extracurricular	15619
athletics, and other extracurricular activities; and per pupil	15620
expenditures.	15621

(C) Administer and supervise the allocation and distribution	15622
of all state and federal funds for public school education under	15623
the provisions of law, and may prescribe such systems of	15624
accounting as are necessary and proper to this function. It may	15625
require county auditors and treasurers, boards of education,	15626
educational service center governing boards, treasurers of such	15627
boards, teachers, and other school officers and employees, or	15628
other public officers or employees, to file with it such reports	15629
as it may prescribe relating to such funds, or to the management	15630
and condition of such funds.	15631

(D) Formulate and prescribe minimum standards to be applied	15632
to all elementary and secondary schools in this state for the	15633
purpose of requiring a general education of high quality. Such	15634
standards shall provide adequately for: the licensing of teachers,	15635
administrators, and other professional personnel and their	15636
assignment according to training and qualifications; efficient and	15637
effective instructional materials and equipment, including library	15638
facilities; the proper organization, administration, and	15639
supervision of each school, including regulations for preparing	15640
all necessary records and reports and the preparation of a	15641
statement of policies and objectives for each school; buildings,	15642
grounds, health and sanitary facilities and services; admission of	15643
pupils, and such requirements for their promotion from grade to	15644
grade as will assure that they are capable and prepared for the	15645
level of study to which they are certified; requirements for	15646
graduation; and such other factors as the board finds necessary.	15647

In the formulation and administration of such standards for	15648
nonpublic schools the board shall also consider the particular	15649
needs, methods and objectives of those schools, provided they do	15650
not conflict with the provision of a general education of a high	15651
quality and provided that regular procedures shall be followed for	15652
promotion from grade to grade of pupils who have met the	15653
educational requirements prescribed.	15654

(E) May require as part of the health curriculum information	15655
developed under section 2108.15 of the Revised Code promoting the	15656
donation of anatomical gifts pursuant to Chapter 2108. of the	15657
Revised Code and may provide the information to high schools,	15658
educational service centers, and joint vocational school district	15659
boards of education;	15660

(F) Prepare and submit annually to the governor and the	15661
general assembly a report on the status, needs, and major problems	15662
of the public schools of the state, with recommendations for	15663
necessary legislative action and a ten-year projection of the	15664
state's public and nonpublic school enrollment, by year and by	15665
grade level;	15666

(G) Prepare and submit to the director of budget and	15667
management the biennial budgetary requests of the state board of	15668
education, for its agencies and for the public schools of the	15669
state;	15670

(H) Cooperate with federal, state, and local agencies	15671
concerned with the health and welfare of children and youth of the	15672
state;	15673

(I) Require such reports from school districts and	15674
educational service centers, school officers, and employees as are	15675
necessary and desirable. The superintendents and treasurers of	15676
school districts and educational service centers shall certify as	15677
to the accuracy of all reports required by law or state board or	15678
state department of education rules to be submitted by the	15679
district or educational service center and which contain	15680
information necessary for calculation of state funding. Any	15681
superintendent who knowingly falsifies such report shall be	15682
subject to license revocation pursuant to section 3319.31 of the	15683
Revised Code.	15684

(J) In accordance with Chapter 119. of the Revised Code,	15685
adopt procedures, standards, and guidelines for the education of	15686
~~handicapped~~ children with disabilities pursuant to Chapter 3323.	15687
of the Revised Code, including procedures, standards, and	15688
guidelines governing programs and services operated by county	15689
boards of mental retardation and developmental disabilities	15690
pursuant to section 3323.09 of the Revised Code;	15691

(K) For the purpose of encouraging the development of special	15692
programs of education for academically gifted children, employ	15693
competent persons to analyze and publish data, promote research,	15694
advise and counsel with boards of education, and encourage the	15695
training of teachers in the special instruction of gifted	15696
children. The board may provide financial assistance out of any	15697
funds appropriated for this purpose to boards of education and	15698
educational service center governing boards for developing and	15699
conducting programs of education for academically gifted children.	15700

(L) Require that all public schools emphasize and encourage,	15701
within existing units of study, the teaching of energy and	15702
resource conservation as recommended to each district board of	15703
education by leading business persons involved in energy	15704
production and conservation, beginning in the primary grades;	15705

(M) Formulate and prescribe minimum standards requiring the	15706
use of phonics as a technique in the teaching of reading in grades	15707
kindergarten through three. In addition, the state board shall	15708
provide in-service training programs for teachers on the use of	15709
phonics as a technique in the teaching of reading in grades	15710
kindergarten through three.	15711

(N) Develop and modify as necessary a state plan for	15712
technology to encourage and promote the use of technological	15713
advancements in educational settings.	15714

The board may adopt rules necessary for carrying out any	15715
function imposed on it by law, and may provide rules as are	15716
necessary for its government and the government of its employees,	15717
and may delegate to the superintendent of public instruction the	15718
management and administration of any function imposed on it by	15719
law. It may provide for the appointment of board members to serve	15720
on temporary committees established by the board for such purposes	15721
as are necessary. Permanent or standing committees shall not be	15722
created.	15723

Sec. 3301.0711. (A) The department of education shall:

15724

(1) Annually furnish to, grade, and score all tests required	15725
by section 3301.0710 of the Revised Code to be administered by	15726
city, local, exempted village, and joint vocational school	15727
districts, except that each district shall score any test	15728
administered pursuant to division (B)(10) of this section. Each	15729
test so furnished shall include the data verification code of the	15730
student to whom the test will be administered, as assigned	15731
pursuant to division (D)(2) of section 3301.0714 of the Revised	15732
Code. In furnishing the practice versions of Ohio graduation tests	15733
prescribed by division (F) of section 3301.0710 of the Revised	15734
Code, the department shall make the tests available on its web	15735
site for reproduction by districts. In awarding contracts for	15736
grading tests, the department shall give preference to Ohio-based	15737
entities employing Ohio residents.	15738

(2) Adopt rules for the ethical use of tests and prescribing	15739
the manner in which the tests prescribed by section 3301.0710 of	15740
the Revised Code shall be administered to students.	15741

(B) Except as provided in divisions (C) and (J) of this	15742
section, the board of education of each city, local, and exempted	15743
village school district shall, in accordance with rules adopted	15744
under division (A) of this section:	15745

(1) Administer the reading test prescribed under division	15746
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	15747
to all students in the third grade who have not attained the score	15748
designated for that test under division (A)(2)(c) of section	15749
3301.0710 of the Revised Code.	15750

(2) Administer the mathematics test prescribed under division	15751
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	15752
annually to all students in the third grade.	15753

(3) Administer the tests prescribed under division (A)(1)(b)	15754
of section 3301.0710 of the Revised Code at least once annually to	15755
all students in the fourth grade.	15756

(4) Administer the tests prescribed under division (A)(1)(c)	15757
of section 3301.0710 of the Revised Code at least once annually to	15758
all students in the fifth grade.	15759

(5) Administer the tests prescribed under division (A)(1)(d)	15760
of section 3301.0710 of the Revised Code at least once annually to	15761
all students in the sixth grade.	15762

(6) Administer the tests prescribed under division (A)(1)(e)	15763
of section 3301.0710 of the Revised Code at least once annually to	15764
all students in the seventh grade.	15765

(7) Administer the tests prescribed under division (A)(1)(f)	15766
of section 3301.0710 of the Revised Code at least once annually to	15767
all students in the eighth grade.	15768

(8) Except as provided in division (B)(9) of this section,	15769
administer any test prescribed under division (B) of section	15770
3301.0710 of the Revised Code as follows:	15771

(a) At least once annually to all tenth grade students and at	15772
least twice annually to all students in eleventh or twelfth grade	15773
who have not yet attained the score on that test designated under	15774
that division;	15775

(b) To any person who has successfully completed the	15776
curriculum in any high school or the individualized education	15777
program developed for the person by any high school pursuant to	15778
section 3323.08 of the Revised Code but has not received a high	15779
school diploma and who requests to take such test, at any time	15780
such test is administered in the district.	15781

(9) In lieu of the board of education of any city, local, or	15782
exempted village school district in which the student is also	15783
enrolled, the board of a joint vocational school district shall	15784
administer any test prescribed under division (B) of section	15785
3301.0710 of the Revised Code at least twice annually to any	15786
student enrolled in the joint vocational school district who has	15787
not yet attained the score on that test designated under that	15788
division. A board of a joint vocational school district may also	15789
administer such a test to any student described in division	15790
(B)(8)(b) of this section.	15791

(10) If the district has been declared to be under an	15792
academic watch or in a state of academic emergency pursuant to	15793
section 3302.03 of the Revised Code or has a three-year average	15794
graduation rate of not more than seventy-five per cent, administer	15795
each test prescribed by division (F) of section 3301.0710 of the	15796
Revised Code in September to all ninth grade students, beginning	15797
in the school year that starts July 1, 2005.	15798

(C)(1)(a) Any student receiving special education services	15799
under Chapter 3323. of the Revised Code may be excused from taking	15800
any particular test required to be administered under this section	15801
if the individualized education program developed for the student	15802
pursuant to section 3323.08 of the Revised Code excuses the	15803
student from taking that test and instead specifies an alternate	15804
assessment method approved by the department of education as	15805
conforming to requirements of federal law for receipt of federal	15806
funds for disadvantaged pupils. To the extent possible, the	15807
individualized education program shall not excuse the student from	15808
taking a test unless no reasonable accommodation can be made to	15809
enable the student to take the test.	15810

(b) Any alternate assessment approved by the department for a	15811
student under this division shall produce measurable results	15812
comparable to those produced by the tests which the alternate	15813
assessments are replacing in order to allow for the student's	15814
assessment results to be included in the data compiled for a	15815
school district or building under section 3302.03 of the Revised	15816
Code.	15817

(c) Any student enrolled in a chartered nonpublic school who	15818
has been identified, based on an evaluation conducted in	15819
accordance with section 3323.03 of the Revised Code or section 504	15820
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	15821
794, as amended, as a child with a disability shall be excused	15822
from taking any particular test required to be administered under	15823
this section if a plan developed for the student pursuant to rules	15824
adopted by the state board excuses the student from taking that	15825
test. In the case of any student so excused from taking a test,	15826
the chartered nonpublic school shall not prohibit the student from	15827
taking the test.	15828

(2) A district board may, for medical reasons or other good	15829
cause, excuse a student from taking a test administered under this	15830
section on the date scheduled, but any such test shall be	15831
administered to such excused student not later than nine days	15832
following the scheduled date. The board shall annually report the	15833
number of students who have not taken one or more of the tests	15834
required by this section to the state board of education not later	15835
than the thirtieth day of June.	15836

(3) As used in this division, "limited English proficient	15837
student" has the same meaning as in 20 U.S.C. 7801.	15838

No school district board shall excuse any limited English	15839
proficient student from taking any particular test required to be	15840
administered under this section, except that any limited English	15841
proficient student who has been enrolled in United States schools	15842
for less than one full school year shall not be required to take	15843
any such reading or writing test. However, no board shall prohibit	15844
a limited English proficient student who is not required to take a	15845
test under this division from taking the test. A board may permit	15846
any limited English proficient student to take any test required	15847
to be administered under this section with appropriate	15848
accommodations, as determined by the department. For each limited	15849
English proficient student, each school district shall annually	15850
assess that student's progress in learning English, in accordance	15851
with procedures approved by the department.	15852

The governing authority of a chartered nonpublic school may	15853
excuse a limited English proficient student from taking any test	15854
administered under this section. However, no governing authority	15855
shall prohibit a limited English proficient student from taking	15856
the test.	15857

(D)(1) In the school year next succeeding the school year in	15858
which the tests prescribed by division (A)(1) or (B) of section	15859
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	15860
or (B) of section 3301.0710 of the Revised Code as it existed	15861
prior to September 11, 2001, are administered to any student, the	15862
board of education of any school district in which the student is	15863
enrolled in that year shall provide to the student intervention	15864
services commensurate with the student's test performance,	15865
including any intensive intervention required under section	15866
3313.608 of the Revised Code, in any skill in which the student	15867
failed to demonstrate at least a score at the proficient level on	15868
the test.	15869

(2) Following any administration of the tests prescribed by	15870
division (F) of section 3301.0710 of the Revised Code to ninth	15871
grade students, each school district that has a three-year average	15872
graduation rate of not more than seventy-five per cent shall	15873
determine for each high school in the district whether the school	15874
shall be required to provide intervention services to any students	15875
who took the tests. In determining which high schools shall	15876
provide intervention services based on the resources available,	15877
the district shall consider each school's graduation rate and	15878
scores on the practice tests. The district also shall consider the	15879
scores received by ninth grade students on the reading and	15880
mathematics tests prescribed under division (A)(1)(f) of section	15881
3301.0710 of the Revised Code in the eighth grade in determining	15882
which high schools shall provide intervention services.	15883

Each high school selected to provide intervention services	15884
under this division shall provide intervention services to any	15885
student whose test results indicate that the student is failing to	15886
make satisfactory progress toward being able to attain scores at	15887
the proficient level on the Ohio graduation tests. Intervention	15888
services shall be provided in any skill in which a student	15889
demonstrates unsatisfactory progress and shall be commensurate	15890
with the student's test performance. Schools shall provide the	15891
intervention services prior to the end of the school year, during	15892
the summer following the ninth grade, in the next succeeding	15893
school year, or at any combination of those times.	15894

(E) Except as provided in section 3313.608 of the Revised	15895
Code and division (M) of this section, no school district board of	15896
education shall utilize any student's failure to attain a	15897
specified score on any test administered under this section as a	15898
factor in any decision to deny the student promotion to a higher	15899
grade level. However, a district board may choose not to promote	15900
to the next grade level any student who does not take any test	15901
administered under this section or make up such test as provided	15902
by division (C)(2) of this section and who is not exempt from the	15903
requirement to take the test under division (C)(3) of this	15904
section.	15905

(F) No person shall be charged a fee for taking any test	15906
administered under this section.	15907

(G)(1) Each school district board shall ~~submit~~designate one	15908
location for the collection of tests administered in the spring	15909
under division (B)(1) of this section and the tests administered	15910
under divisions (B)(2) to (7) of this section. Each district board	15911
shall submit the tests to the entity with which the department	15912
contracts for the scoring of the tests as follows:	15913

(a) If the district's total enrollment in grades kindergarten	15914
through twelve during the first full school week of October was	15915
less than two thousand five hundred, not later than the Friday	15916
after the tests are administered~~, except that~~;	15917

(b) If the district's total enrollment in grades kindergarten	15918
through twelve during the first full school week of October was	15919
two thousand five hundred or more, but less than seven thousand,	15920
not later than the Monday after the tests are administered;	15921

(c) If the district's total enrollment in grades kindergarten	15922
through twelve during the first full school week of October was	15923
seven thousand or more, not later than the Tuesday after the tests	15924
are administered.	15925

However, any such test that a student takes during the	15926
make-up period described in division (C)(2) of this section shall	15927
be submitted not later than the Friday following the day the	15928
student takes the test.	15929

(2) The department or an entity with which the department	15930
contracts for the scoring of the test shall send to each school	15931
district board a list of the individual test scores of all persons	15932
taking any test prescribed by division (A)(1) or (B) of section	15933
3301.0710 of the Revised Code within sixty days after its	15934
administration, but in no case shall the scores be returned later	15935
than the fifteenth day of June following the administration. For	15936
any tests administered under this section by a joint vocational	15937
school district, the department or entity shall also send to each	15938
city, local, or exempted village school district a list of the	15939
individual test scores of any students of such city, local, or	15940
exempted village school district who are attending school in the	15941
joint vocational school district.	15942

(H) Individual test scores on any tests administered under	15943
this section shall be released by a district board only in	15944
accordance with section 3319.321 of the Revised Code and the rules	15945
adopted under division (A) of this section. No district board or	15946
its employees shall utilize individual or aggregate test results	15947
in any manner that conflicts with rules for the ethical use of	15948
tests adopted pursuant to division (A) of this section.	15949

(I) Except as provided in division (G) of this section, the	15950
department or an entity with which the department contracts for	15951
the scoring of the test shall not release any individual test	15952
scores on any test administered under this section. The state	15953
board of education shall adopt rules to ensure the protection of	15954
student confidentiality at all times. The rules may require the	15955
use of the data verification codes assigned to students pursuant	15956
to division (D)(2) of section 3301.0714 of the Revised Code to	15957
protect the confidentiality of student test scores.	15958

(J) Notwithstanding division (D) of section 3311.52 of the	15959
Revised Code, this section does not apply to the board of	15960
education of any cooperative education school district except as	15961
provided under rules adopted pursuant to this division.	15962

(1) In accordance with rules that the state board of	15963
education shall adopt, the board of education of any city,	15964
exempted village, or local school district with territory in a	15965
cooperative education school district established pursuant to	15966
divisions (A) to (C) of section 3311.52 of the Revised Code may	15967
enter into an agreement with the board of education of the	15968
cooperative education school district for administering any test	15969
prescribed under this section to students of the city, exempted	15970
village, or local school district who are attending school in the	15971
cooperative education school district.	15972

(2) In accordance with rules that the state board of	15973
education shall adopt, the board of education of any city,	15974
exempted village, or local school district with territory in a	15975
cooperative education school district established pursuant to	15976
section 3311.521 of the Revised Code shall enter into an agreement	15977
with the cooperative district that provides for the administration	15978
of any test prescribed under this section to both of the	15979
following:	15980

(a) Students who are attending school in the cooperative	15981
district and who, if the cooperative district were not	15982
established, would be entitled to attend school in the city,	15983
local, or exempted village school district pursuant to section	15984
3313.64 or 3313.65 of the Revised Code;	15985

(b) Persons described in division (B)(8)(b) of this section.

15986

Any testing of students pursuant to such an agreement shall	15987
be in lieu of any testing of such students or persons pursuant to	15988
this section.	15989

(K)(1) Any chartered nonpublic school may participate in the	15990
testing program by administering any of the tests prescribed by	15991
section 3301.0710 or 3301.0712 of the Revised Code if the chief	15992
administrator of the school specifies which tests the school	15993
wishes to administer. Such specification shall be made in writing	15994
to the superintendent of public instruction prior to the first day	15995
of August of any school year in which tests are administered and	15996
shall include a pledge that the nonpublic school will administer	15997
the specified tests in the same manner as public schools are	15998
required to do under this section and rules adopted by the	15999
department.	16000

(2) The department of education shall furnish the tests	16001
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	16002
to any chartered nonpublic school electing to participate under	16003
this division.	16004

(L)(1) The superintendent of the state school for the blind	16005
and the superintendent of the state school for the deaf shall	16006
administer the tests described by section 3301.0710 of the Revised	16007
Code. Each superintendent shall administer the tests in the same	16008
manner as district boards are required to do under this section	16009
and rules adopted by the department of education and in conformity	16010
with division (C)(1)(a) of this section.	16011

(2) The department of education shall furnish the tests	16012
described by section 3301.0710 of the Revised Code to each	16013
superintendent.	16014

(M) Notwithstanding division (E) of this section, a school	16015
district may use a student's failure to attain a score in at least	16016
the basic range on the mathematics test described by division	16017
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	16018
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	16019
of section 3301.0710 of the Revised Code as a factor in retaining	16020
that student in the current grade level.	16021

(N)(1) In the manner specified in divisions (N)(3) to (5) of	16022
this section, the tests required by section 3301.0710 of the	16023
Revised Code shall become public records pursuant to section	16024
149.43 of the Revised Code on the first day of July following the	16025
school year that the test was administered.	16026

(2) The department may field test proposed test questions	16027
with samples of students to determine the validity, reliability,	16028
or appropriateness of test questions for possible inclusion in a	16029
future year's test. The department also may use anchor questions	16030
on tests to ensure that different versions of the same test are of	16031
comparable difficulty.	16032

Field test questions and anchor questions shall not be	16033
considered in computing test scores for individual students. Field	16034
test questions and anchor questions may be included as part of the	16035
administration of any test required by section 3301.0710 of the	16036
Revised Code.	16037

(3) Any field test question or anchor question administered	16038
under division (N)(2) of this section shall not be a public	16039
record. Such field test questions and anchor questions shall be	16040
redacted from any tests which are released as a public record	16041
pursuant to division (N)(1) of this section.	16042

(4) This division applies to the tests prescribed by division	16043
(A) of section 3301.0710 of the Revised Code.	16044

(a) The first administration of each test, as specified in	16045
section 3301.0712 of the Revised Code, shall be a public record.	16046

(b) For subsequent administrations of each test, not less	16047
than forty per cent of the questions on the test that are used to	16048
compute a student's score shall be a public record. The department	16049
shall determine which questions will be needed for reuse on a	16050
future test and those questions shall not be public records and	16051
shall be redacted from the test prior to its release as a public	16052
record. However, for each redacted question, the department shall	16053
inform each city, local, and exempted village school district of	16054
the statewide academic standard adopted by the state board of	16055
education under section 3301.079 of the Revised Code and the	16056
corresponding benchmark to which the question relates. The	16057
preceding sentence does not apply to field test questions that are	16058
redacted under division (N)(3) of this section.	16059

(5) Each test prescribed by division (B) of section 3301.0710	16060
of the Revised Code that is administered in the spring shall be a	16061
public record. Each test prescribed by that division that is	16062
administered in the fall or summer shall not be a public record.	16063

(O) As used in this section:

16064

(1) "Three-year average" means the average of the most recent	16065
consecutive three school years of data.	16066

(2) "Dropout" means a student who withdraws from school	16067
before completing course requirements for graduation and who is	16068
not enrolled in an education program approved by the state board	16069
of education or an education program outside the state. "Dropout"	16070
does not include a student who has departed the country.	16071

(3) "Graduation rate" means the ratio of students receiving a	16072
diploma to the number of students who entered ninth grade four	16073
years earlier. Students who transfer into the district are added	16074
to the calculation. Students who transfer out of the district for	16075
reasons other than dropout are subtracted from the calculation. If	16076
a student who was a dropout in any previous year returns to the	16077
same school district, that student shall be entered into the	16078
calculation as if the student had entered ninth grade four years	16079
before the graduation year of the graduating class that the	16080
student joins.	16081

Sec. 3301.0714. (A) The state board of education shall adopt	16082
rules for a statewide education management information system. The	16083
rules shall require the state board to establish guidelines for	16084
the establishment and maintenance of the system in accordance with	16085
this section and the rules adopted under this section. The	16086
guidelines shall include:	16087

(1) Standards identifying and defining the types of data in	16088
the system in accordance with divisions (B) and (C) of this	16089
section;	16090

(2) Procedures for annually collecting and reporting the data	16091
to the state board in accordance with division (D) of this	16092
section;	16093

(3) Procedures for annually compiling the data in accordance	16094
with division (G) of this section;	16095

(4) Procedures for annually reporting the data to the public	16096
in accordance with division (H) of this section.	16097

(B) The guidelines adopted under this section shall require	16098
the data maintained in the education management information system	16099
to include at least the following:	16100

(1) Student participation and performance data, for each	16101
grade in each school district as a whole and for each grade in	16102
each school building in each school district, that includes:	16103

(a) The numbers of students receiving each category of	16104
instructional service offered by the school district, such as	16105
regular education instruction, vocational education instruction,	16106
specialized instruction programs or enrichment instruction that is	16107
part of the educational curriculum, instruction for gifted	16108
students, instruction for ~~handicapped~~ students with disabilities,	16109
and remedial instruction. The guidelines shall require	16110
instructional services under this division to be divided into	16111
discrete categories if an instructional service is limited to a	16112
specific subject, a specific type of student, or both, such as	16113
regular instructional services in mathematics, remedial reading	16114
instructional services, instructional services specifically for	16115
students gifted in mathematics or some other subject area, or	16116
instructional services for students with a specific type of	16117
~~handicap~~disability. The categories of instructional services	16118
required by the guidelines under this division shall be the same	16119
as the categories of instructional services used in determining	16120
cost units pursuant to division (C)(3) of this section.	16121

(b) The numbers of students receiving support or	16122
extracurricular services for each of the support services or	16123
extracurricular programs offered by the school district, such as	16124
counseling services, health services, and extracurricular sports	16125
and fine arts programs. The categories of services required by the	16126
guidelines under this division shall be the same as the categories	16127
of services used in determining cost units pursuant to division	16128
(C)(4)(a) of this section.	16129

(c) Average student grades in each subject in grades nine	16130
through twelve;	16131

(d) Academic achievement levels as assessed by the testing of	16132
student achievement under sections 3301.0710 and 3301.0711 of the	16133
Revised Code;	16134

(e) The number of students designated as having a	16135
~~handicapping~~disabling condition pursuant to division (C)(1) of	16136
section 3301.0711 of the Revised Code;	16137

(f) The numbers of students reported to the state board	16138
pursuant to division (C)(2) of section 3301.0711 of the Revised	16139
Code;	16140

(g) Attendance rates and the average daily attendance for the	16141
year. For purposes of this division, a student shall be counted as	16142
present for any field trip that is approved by the school	16143
administration.	16144

(h) Expulsion rates;

16145

(i) Suspension rates;

16146

(j) The percentage of students receiving corporal punishment;

16147

(k) Dropout rates;

16148

(l) Rates of retention in grade;

16149

(m) For pupils in grades nine through twelve, the average	16150
number of carnegie units, as calculated in accordance with state	16151
board of education rules;	16152

(n) Graduation rates, to be calculated in a manner specified	16153
by the department of education that reflects the rate at which	16154
students who were in the ninth grade three years prior to the	16155
current year complete school and that is consistent with	16156
nationally accepted reporting requirements;	16157

(o) Results of diagnostic assessments administered to	16158
kindergarten students as required under section 3301.0715 of the	16159
Revised Code to permit a comparison of the academic readiness of	16160
kindergarten students. However, no district shall be required to	16161
report to the department the results of any diagnostic assessment	16162
administered to a kindergarten student if the parent of that	16163
student requests the district not to report those results.	16164

(2) Personnel and classroom enrollment data for each school	16165
district, including:	16166

(a) The total numbers of licensed employees and nonlicensed	16167
employees and the numbers of full-time equivalent licensed	16168
employees and nonlicensed employees providing each category of	16169
instructional service, instructional support service, and	16170
administrative support service used pursuant to division (C)(3) of	16171
this section. The guidelines adopted under this section shall	16172
require these categories of data to be maintained for the school	16173
district as a whole and, wherever applicable, for each grade in	16174
the school district as a whole, for each school building as a	16175
whole, and for each grade in each school building.	16176

(b) The total number of employees and the number of full-time	16177
equivalent employees providing each category of service used	16178
pursuant to divisions (C)(4)(a) and (b) of this section, and the	16179
total numbers of licensed employees and nonlicensed employees and	16180
the numbers of full-time equivalent licensed employees and	16181
nonlicensed employees providing each category used pursuant to	16182
division (C)(4)(c) of this section. The guidelines adopted under	16183
this section shall require these categories of data to be	16184
maintained for the school district as a whole and, wherever	16185
applicable, for each grade in the school district as a whole, for	16186
each school building as a whole, and for each grade in each school	16187
building.	16188

(c) The total number of regular classroom teachers teaching	16189
classes of regular education and the average number of pupils	16190
enrolled in each such class, in each of grades kindergarten	16191
through five in the district as a whole and in each school	16192
building in the school district.	16193

(d) The number of master teachers employed by each school	16194
district and each school building, once a definition of master	16195
teacher has been developed by the educator standards board	16196
pursuant to section 3319.61 of the Revised Code.	16197

(3)(a) Student demographic data for each school district,	16198
including information regarding the gender ratio of the school	16199
district's pupils, the racial make-up of the school district's	16200
pupils, the number of limited English proficient students in the	16201
district, and an appropriate measure of the number of the school	16202
district's pupils who reside in economically disadvantaged	16203
households. The demographic data shall be collected in a manner to	16204
allow correlation with data collected under division (B)(1) of	16205
this section. Categories for data collected pursuant to division	16206
(B)(3) of this section shall conform, where appropriate, to	16207
standard practices of agencies of the federal government.	16208

(b) With respect to each student entering kindergarten,	16209
whether the student previously participated in a public preschool	16210
program, a private preschool program, or a head start program, and	16211
the number of years the student participated in each of these	16212
programs.	16213

(4) Any data required to be collected pursuant to federal	16214
law.	16215

(C) The education management information system shall include	16216
cost accounting data for each district as a whole and for each	16217
school building in each school district. The guidelines adopted	16218
under this section shall require the cost data for each school	16219
district to be maintained in a system of mutually exclusive cost	16220
units and shall require all of the costs of each school district	16221
to be divided among the cost units. The guidelines shall require	16222
the system of mutually exclusive cost units to include at least	16223
the following:	16224

(1) Administrative costs for the school district as a whole.	16225
The guidelines shall require the cost units under this division	16226
(C)(1) to be designed so that each of them may be compiled and	16227
reported in terms of average expenditure per pupil in formula ADM	16228
in the school district, as determined pursuant to section 3317.03	16229
of the Revised Code.	16230

(2) Administrative costs for each school building in the	16231
school district. The guidelines shall require the cost units under	16232
this division (C)(2) to be designed so that each of them may be	16233
compiled and reported in terms of average expenditure per	16234
full-time equivalent pupil receiving instructional or support	16235
services in each building.	16236

(3) Instructional services costs for each category of	16237
instructional service provided directly to students and required	16238
by guidelines adopted pursuant to division (B)(1)(a) of this	16239
section. The guidelines shall require the cost units under	16240
division (C)(3) of this section to be designed so that each of	16241
them may be compiled and reported in terms of average expenditure	16242
per pupil receiving the service in the school district as a whole	16243
and average expenditure per pupil receiving the service in each	16244
building in the school district and in terms of a total cost for	16245
each category of service and, as a breakdown of the total cost, a	16246
cost for each of the following components:	16247

(a) The cost of each instructional services category required	16248
by guidelines adopted under division (B)(1)(a) of this section	16249
that is provided directly to students by a classroom teacher;	16250

(b) The cost of the instructional support services, such as	16251
services provided by a speech-language pathologist, classroom	16252
aide, multimedia aide, or librarian, provided directly to students	16253
in conjunction with each instructional services category;	16254

(c) The cost of the administrative support services related	16255
to each instructional services category, such as the cost of	16256
personnel that develop the curriculum for the instructional	16257
services category and the cost of personnel supervising or	16258
coordinating the delivery of the instructional services category.	16259

(4) Support or extracurricular services costs for each	16260
category of service directly provided to students and required by	16261
guidelines adopted pursuant to division (B)(1)(b) of this section.	16262
The guidelines shall require the cost units under division (C)(4)	16263
of this section to be designed so that each of them may be	16264
compiled and reported in terms of average expenditure per pupil	16265
receiving the service in the school district as a whole and	16266
average expenditure per pupil receiving the service in each	16267
building in the school district and in terms of a total cost for	16268
each category of service and, as a breakdown of the total cost, a	16269
cost for each of the following components:	16270

(a) The cost of each support or extracurricular services	16271
category required by guidelines adopted under division (B)(1)(b)	16272
of this section that is provided directly to students by a	16273
licensed employee, such as services provided by a guidance	16274
counselor or any services provided by a licensed employee under a	16275
supplemental contract;	16276

(b) The cost of each such services category provided directly	16277
to students by a nonlicensed employee, such as janitorial	16278
services, cafeteria services, or services of a sports trainer;	16279

(c) The cost of the administrative services related to each	16280
services category in division (C)(4)(a) or (b) of this section,	16281
such as the cost of any licensed or nonlicensed employees that	16282
develop, supervise, coordinate, or otherwise are involved in	16283
administering or aiding the delivery of each services category.	16284

(D)(1) The guidelines adopted under this section shall	16285
require school districts to collect information about individual	16286
students, staff members, or both in connection with any data	16287
required by division (B) or (C) of this section or other reporting	16288
requirements established in the Revised Code. The guidelines may	16289
also require school districts to report information about	16290
individual staff members in connection with any data required by	16291
division (B) or (C) of this section or other reporting	16292
requirements established in the Revised Code. The guidelines shall	16293
not authorize school districts to request social security numbers	16294
of individual students. The guidelines shall prohibit the	16295
reporting under this section of a student's name, address, and	16296
social security number to the state board of education or the	16297
department of education. The guidelines shall also prohibit the	16298
reporting under this section of any personally identifiable	16299
information about any student, except for the purpose of assigning	16300
the data verification code required by division (D)(2) of this	16301
section, to any other person unless such person is employed by the	16302
school district or the information technology center operated	16303
under section 3301.075 of the Revised Code and is authorized by	16304
the district or technology center to have access to such	16305
information or is employed by an entity with which the department	16306
contracts for the scoring of tests administered under section	16307
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	16308
require school districts to provide the social security numbers of	16309
individual staff members.	16310

(2) The guidelines shall provide for each school district or	16311
community school to assign a data verification code that is unique	16312
on a statewide basis over time to each student whose initial Ohio	16313
enrollment is in that district or school and to report all	16314
required individual student data for that student utilizing such	16315
code. The guidelines shall also provide for assigning data	16316
verification codes to all students enrolled in districts or	16317
community schools on the effective date of the guidelines	16318
established under this section.	16319

Individual student data shall be reported to the department	16320
through the information technology centers utilizing the code but,	16321
except as provided in section 3310.11 of the Revised Code, at no	16322
time shall the state board or the department have access to	16323
information that would enable any data verification code to be	16324
matched to personally identifiable student data.	16325

Each school district shall ensure that the data verification	16326
code is included in the student's records reported to any	16327
subsequent school district or community school in which the	16328
student enrolls. Any such subsequent district or school shall	16329
utilize the same identifier in its reporting of data under this	16330
section.	16331

The director of health shall request and receive, pursuant to	16332
sections 3301.0723 and 3701.62 of the Revised Code, a data	16333
verification code for a child who is receiving services under	16334
division (A)(2) of section 3701.61 of the Revised Code.	16335

(E) The guidelines adopted under this section may require	16336
school districts to collect and report data, information, or	16337
reports other than that described in divisions (A), (B), and (C)	16338
of this section for the purpose of complying with other reporting	16339
requirements established in the Revised Code. The other data,	16340
information, or reports may be maintained in the education	16341
management information system but are not required to be compiled	16342
as part of the profile formats required under division (G) of this	16343
section or the annual statewide report required under division (H)	16344
of this section.	16345

(F) Beginning with the school year that begins July 1, 1991,	16346
the board of education of each school district shall annually	16347
collect and report to the state board, in accordance with the	16348
guidelines established by the board, the data required pursuant to	16349
this section. A school district may collect and report these data	16350
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	16351

(G) The state board shall, in accordance with the procedures	16352
it adopts, annually compile the data reported by each school	16353
district pursuant to division (D) of this section. The state board	16354
shall design formats for profiling each school district as a whole	16355
and each school building within each district and shall compile	16356
the data in accordance with these formats. These profile formats	16357
shall:	16358

(1) Include all of the data gathered under this section in a	16359
manner that facilitates comparison among school districts and	16360
among school buildings within each school district;	16361

(2) Present the data on academic achievement levels as	16362
assessed by the testing of student achievement maintained pursuant	16363
to division (B)(1)(d) of this section.	16364

(H)(1) The state board shall, in accordance with the	16365
procedures it adopts, annually prepare a statewide report for all	16366
school districts and the general public that includes the profile	16367
of each of the school districts developed pursuant to division (G)	16368
of this section. Copies of the report shall be sent to each school	16369
district.	16370

(2) The state board shall, in accordance with the procedures	16371
it adopts, annually prepare an individual report for each school	16372
district and the general public that includes the profiles of each	16373
of the school buildings in that school district developed pursuant	16374
to division (G) of this section. Copies of the report shall be	16375
sent to the superintendent of the district and to each member of	16376
the district board of education.	16377

(3) Copies of the reports received from the state board under	16378
divisions (H)(1) and (2) of this section shall be made available	16379
to the general public at each school district's offices. Each	16380
district board of education shall make copies of each report	16381
available to any person upon request and payment of a reasonable	16382
fee for the cost of reproducing the report. The board shall	16383
annually publish in a newspaper of general circulation in the	16384
school district, at least twice during the two weeks prior to the	16385
week in which the reports will first be available, a notice	16386
containing the address where the reports are available and the	16387
date on which the reports will be available.	16388

(I) Any data that is collected or maintained pursuant to this	16389
section and that identifies an individual pupil is not a public	16390
record for the purposes of section 149.43 of the Revised Code.	16391

(J) As used in this section:

16392

(1) "School district" means any city, local, exempted	16393
village, or joint vocational school district and, in accordance	16394
with section 3314.17 of the Revised Code, any community school. As	16395
used in division (L) of this section, "school district" also	16396
includes any educational service center or other educational	16397
entity required to submit data using the system established under	16398
this section.	16399

(2) "Cost" means any expenditure for operating expenses made	16400
by a school district excluding any expenditures for debt	16401
retirement except for payments made to any commercial lending	16402
institution for any loan approved pursuant to section 3313.483 of	16403
the Revised Code.	16404

(K) Any person who removes data from the information system	16405
established under this section for the purpose of releasing it to	16406
any person not entitled under law to have access to such	16407
information is subject to section 2913.42 of the Revised Code	16408
prohibiting tampering with data.	16409

(L) ~~Any time the department of education determines that a~~	16410
~~school district has taken any of the actions described under~~	16411
~~division (L)(1), (2), or (3) of this section, it shall make a~~	16412
~~report of the actions of the district, send a copy of the report~~	16413
~~to the superintendent of such school district, and maintain a copy~~	16414
~~of the report in its files:~~	16415

~~(1) The school district fails to meet any deadline~~	16416
~~established pursuant to this section for the reporting of any data~~	16417
~~to the education management information system;~~	16418

~~(2) The school district fails to meet any deadline~~	16419
~~established pursuant to this section for the correction of any~~	16420
~~data reported to the education management information system;~~	16421

~~(3) The school district reports data to the education~~	16422
~~management information system in a condition, as determined by the~~	16423
~~department, that indicates that the district did not make a good~~	16424
~~faith effort in reporting the data to the system.~~	16425

~~Any report made under this division shall include~~	16426
~~recommendations for corrective action by the school district.~~	16427

~~Upon making a report for the first time in a fiscal year, the~~	16428
~~department shall withhold ten per cent of the total amount due~~	16429
~~during that fiscal year under Chapter 3317. of the Revised Code to~~	16430
~~the school district to which the report applies. Upon making a~~	16431
~~second report in a fiscal year, the department shall withhold an~~	16432
~~additional twenty per cent of such total amount due during that~~	16433
~~fiscal year to the school district to which the report applies.~~	16434
~~The department shall not release such funds unless it determines~~	16435
~~that the district has taken corrective action. However, no such~~	16436
~~release of funds shall occur if the district fails to take~~	16437
~~corrective action within forty-five days of the date upon which~~	16438
~~the report was made by the department.~~	16439

(1) In accordance with division (L)(2) of this section and	16440
the rules adopted under division (L)(10) of this section, the	16441
department of education may sanction any school district that	16442
reports incomplete or inaccurate data, reports data that does not	16443
conform to data requirements and descriptions published by the	16444
department, fails to report data in a timely manner, or otherwise	16445
does not make a good faith effort to report data as required by	16446
this section.	16447

(2) If the department decides to sanction a school district	16448
under this division, the department shall take the following	16449
sequential actions:	16450

(a) Notify the district in writing that the department has	16451
determined that data has not been reported as required under this	16452
section and require the district to review its data submission and	16453
submit corrected data by a deadline established by the department.	16454
The department also may require the district to develop a	16455
corrective action plan, which shall include provisions for the	16456
district to provide mandatory staff training on data reporting	16457
procedures.	16458

(b) Withhold up to ten per cent of the total amount of state	16459
funds due to the district for the current fiscal year and, if not	16460
previously required under division (L)(2)(a) of this section,	16461
require the district to develop a corrective action plan in	16462
accordance with that division;	16463

(c) Withhold an additional amount of up to twenty per cent of	16464
the total amount of state funds due to the district for the	16465
current fiscal year;	16466

(d) Direct department staff or an outside entity to	16467
investigate the district's data reporting practices and make	16468
recommendations for subsequent actions. The recommendations may	16469
include one or more of the following actions:	16470

(i) Arrange for an audit of the district's data reporting	16471
practices by department staff or an outside entity;	16472

(ii) Conduct a site visit and evaluation of the district;

16473

(iii) Withhold an additional amount of up to thirty per cent	16474
of the total amount of state funds due to the district for the	16475
current fiscal year;	16476

(iv) Continue monitoring the district's data reporting;

16477

(v) Assign department staff to supervise the district's data	16478
management system;	16479

(vi) Conduct an investigation to determine whether to suspend	16480
or revoke the license of any district employee in accordance with	16481
division (N) of this section;	16482

(vii) If the district is issued a report card under section	16483
3302.03 of the Revised Code, indicate on the report card that the	16484
district has been sanctioned for failing to report data as	16485
required by this section;	16486

(viii) If the district is issued a report card under section	16487
3302.03 of the Revised Code and incomplete or inaccurate data	16488
submitted by the district likely caused the district to receive a	16489
higher performance rating than it deserved under that section,	16490
issue a revised report card for the district;	16491

(ix) Any other action designed to correct the district's data	16492
reporting problems.	16493

(3) Any time the department takes an action against a school	16494
district under division (L)(2) of this section, the department	16495
shall make a report of the circumstances that prompted the action.	16496
The department shall send a copy of the report to the district	16497
superintendent or chief administrator and maintain a copy of the	16498
report in its files.	16499

(4) If any action taken under division (L)(2) of this section	16500
resolves a school district's data reporting problems to the	16501
department's satisfaction, the department shall not take any	16502
further actions described by that division. If the department	16503
withheld funds from the district under that division, the	16504
department may release those funds to the district, except that if	16505
the department withheld funding under division (L)(2)(c) of this	16506
section, the department shall not release the funds withheld under	16507
division (L)(2)(b) of this section and, if the department withheld	16508
funding under division (L)(2)(d) of this section, the department	16509
shall not release the funds withheld under division (L)(2)(b) or	16510
(c) of this section.	16511

(5) Notwithstanding anything in this section to the contrary,	16512
the department may use its own staff or an outside entity to	16513
conduct an audit of a school district's data reporting practices	16514
any time the department has reason to believe the district has not	16515
made a good faith effort to report data as required by this	16516
section. If any audit conducted by an outside entity under	16517
division (L)(2)(d)(i) or (5) of this section confirms that a	16518
district has not made a good faith effort to report data as	16519
required by this section, the district shall reimburse the	16520
department for the full cost of the audit. The department may	16521
withhold state funds due to the district for this purpose.	16522

(6) Prior to issuing a revised report card for a school	16523
district under division (L)(2)(d)(viii) of this section, the	16524
department may hold a hearing to provide the district with an	16525
opportunity to demonstrate that it made a good faith effort to	16526
report data as required by this section. The hearing shall be	16527
conducted by a referee appointed by the department. Based on the	16528
information provided in the hearing, the referee shall recommend	16529
whether the department should issue a revised report card for the	16530
district. If the referee affirms the department's contention that	16531
the district did not make a good faith effort to report data as	16532
required by this section, the district shall bear the full cost of	16533
conducting the hearing and of issuing any revised report card.	16534

(7) If the department determines that any inaccurate data	16535
reported under this section caused a school district to receive	16536
excess state funds in any fiscal year, the district shall	16537
reimburse the department an amount equal to the excess funds, in	16538
accordance with a payment schedule determined by the department.	16539
The department may withhold state funds due to the district for	16540
this purpose.	16541

(8) Any school district that has funds withheld under	16542
division (L)(2) of this section may appeal the withholding in	16543
accordance with Chapter 119. of the Revised Code.	16544

(9) In all cases of a disagreement between the department and	16545
a school district regarding the appropriateness of an action taken	16546
under division (L)(2) of this section, the burden of proof shall	16547
be on the district to demonstrate that it made a good faith effort	16548
to report data as required by this section.	16549

(10) The state board of education shall adopt rules under	16550
Chapter 119. of the Revised Code to implement division (L) of this	16551
section.	16552

(M) No information technology center or school district shall	16553
acquire, change, or update its student administration software	16554
package to manage and report data required to be reported to the	16555
department unless it converts to a student software package that	16556
is certified by the department.	16557

(N) The state board of education, in accordance with sections	16558
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	16559
license as defined under division (A) of section 3319.31 of the	16560
Revised Code that has been issued to any school district employee	16561
found to have willfully reported erroneous, inaccurate, or	16562
incomplete data to the education management information system.	16563

(O) No person shall release or maintain any information about	16564
any student in violation of this section. Whoever violates this	16565
division is guilty of a misdemeanor of the fourth degree.	16566

(P) The department shall disaggregate the data collected	16567
under division (B)(1)(o) of this section according to the race and	16568
socioeconomic status of the students assessed. No data collected	16569
under that division shall be included on the report cards required	16570
by section 3302.03 of the Revised Code.	16571

(Q) If the department cannot compile any of the information	16572
required by division (C)(5) of section 3302.03 of the Revised Code	16573
based upon the data collected under this section, the department	16574
shall develop a plan and a reasonable timeline for the collection	16575
of any data necessary to comply with that division.	16576

Sec. 3301.0718. (A) After completing the required standards	16577
specified in section 3301.079 of the Revised Code, the state board	16578
of education shall adopt standards and model curricula for	16579
instruction in computer literacy for grades three through twelve	16580
and in fine arts and foreign language for grades kindergarten	16581
through twelve. ~~The~~	16582

(B) Not later than December 31, 2007, the state board shall	16583
adopt the most recent standards developed by the national	16584
association for sport and physical education for physical	16585
education in grades kindergarten through twelve or shall adopt its	16586
own standards for physical education in those grades. The	16587
department of education shall provide the standards, and any	16588
revisions of the standards, to all school districts and community	16589
schools established under Chapter 3314. of the Revised Code. Any	16590
school district or community school may utilize the standards.	16591

The department shall employ a full-time physical education	16592
coordinator to provide guidance and technical assistance to	16593
districts and community schools in implementing the standards	16594
adopted under this division. The superintendent of public	16595
instruction shall determine that the person employed as	16596
coordinator is qualified for the position, as demonstrated by	16597
possessing an adequate combination of education, license, and	16598
experience. The department shall hire a coordinator not later than	16599
October 31, 2007.	16600

(C) The state board shall not adopt or revise any standards	16601
or curriculum in the area of health ~~or physical education~~ unless,	16602
by concurrent resolution, the standards, curriculum, or revisions	16603
are approved by both houses of the general assembly. Before the	16604
house of representatives or senate votes on a concurrent	16605
resolution approving health ~~or physical education~~ standards,	16606
curriculum, or revisions, its standing committee having	16607
jurisdiction over education legislation shall conduct at least one	16608
public hearing on the standards, curriculum, or revisions.	16609

~~(B)~~(D) The state board shall not adopt a diagnostic	16610
assessment or achievement test for any grade level or subject area	16611
other than those specified in section 3301.079 of the Revised	16612
Code.	16613

Sec. 3301.0724. (A) The department of education annually	16614
shall report to the general assembly, in accordance with section	16615
101.68 of the Revised Code, for each school district all of the	16616
following information for the previous school year:	16617

(1) The aggregate amount spent for teacher salaries;

16618

(2) The aggregate amount spent for salaries of nonteaching	16619
employees;	16620

(3) The aggregate amount spent for health care benefits for	16621
all employees and the percentage that amount is of the total	16622
amount paid in employer's contributions and employees'	16623
contributions for those benefits;	16624

(4) The aggregate amount spent for the employer's	16625
contributions to the state teachers retirement system and the	16626
school employees retirement system;	16627

(5) Whether the school district pays any part of the	16628
employees' contributions to the state teachers retirement system	16629
or the school employees retirement system;	16630

(6) The number of sick days, vacation days, and personal days	16631
provided for teachers and nonteaching employees.	16632

(B) The department shall consult with the state employment	16633
relations board in preparing the report required by this section.	16634

(C) If necessary, as determined by the department, each	16635
school district shall report to the department data prescribed by	16636
division (A) of this section in the manner and by the deadline	16637
specified by the department so that the department can comply with	16638
this section.	16639

(D) As used in this section, "school year" has the same	16640
meaning as in section 3313.62 of the Revised Code.	16641

Sec. 3301.12. (A) The superintendent of public instruction	16642
in addition to the authority otherwise imposed on the	16643
superintendent, shall perform the following duties:	16644

(1) The superintendent shall provide technical and	16645
professional assistance and advice to all school districts in	16646
reference to all aspects of education, including finance,	16647
buildings and equipment, administration, organization of school	16648
districts, curriculum and instruction, transportation of pupils,	16649
personnel problems, and the interpretation of school laws and	16650
state regulations.	16651

(2) The superintendent shall prescribe and require the	16652
preparation and filing of such financial and other reports from	16653
school districts, officers, and employees as are necessary or	16654
proper. The superintendent shall prescribe and require the	16655
installation by school districts of such standardized reporting	16656
forms and accounting procedures as are essential to the	16657
businesslike operations of the public schools of the state.	16658

(3) The superintendent shall conduct such studies and	16659
research projects as are necessary or desirable for the	16660
improvement of public school education in Ohio, and such as may be	16661
assigned to the superintendent by the state board of education.	16662
Such studies and projects may include analysis of data contained	16663
in the education management information system established under	16664
section 3301.0714 of the Revised Code. For any study or project	16665
that requires the analysis of individual student data, the	16666
department of education or any entity with which the	16667
superintendent or department contracts to conduct the study or	16668
project shall maintain the confidentiality of student data at all	16669
times. For this purpose, the department or contracting entity	16670
shall use the data verification code assigned pursuant to division	16671
(D)(2) of section 3301.0714 of the Revised Code for each student	16672
whose data is analyzed. Except as otherwise provided in division	16673
(D)(1) of section 3301.0714 of the Revised Code, at no time shall	16674
the superintendent, the department, the state board of education,	16675
or any entity conducting a study or research project on the	16676
superintendent's behalf have access to a student's name, address,	16677
or social security number while analyzing individual student data.	16678

(4) The superintendent shall prepare and submit annually to	16679
the state board of education a report of the activities of the	16680
department of education and the status, problems, and needs of	16681
education in the state of Ohio.	16682

(5) The superintendent shall supervise all agencies over	16683
which the board exercises administrative control, including	16684
schools for education of ~~handicapped~~ persons with disabilities.	16685

(B) The superintendent of public instruction may annually	16686
inspect and analyze the expenditures of each school district and	16687
make a determination as to the efficiency of each district's	16688
costs, relative to other school districts in the state, for	16689
instructional, administrative, and student support services. The	16690
superintendent shall notify each school district as to the nature	16691
of, and reasons for, the determination. The state board of	16692
education shall adopt rules in accordance with Chapter 119. of the	16693
Revised Code setting forth the procedures and standards for the	16694
performance of the inspection and analysis.	16695

Sec. 3301.162. (A) If the governing authority of a chartered	16696
nonpublic school intends to close the school, the governing	16697
authority shall notify all of the following of that intent prior	16698
to closing the school:	16699

(1) The department of education;

16700

(2) The school district that receives auxiliary services	16701
funding under division (I) of section 3317.024 of the Revised Code	16702
on behalf of the students enrolled in the school;	16703

(3) The accrediting association that most recently accredited	16704
the school for purposes of chartering the school in accordance	16705
with the rules of the state board of education, if applicable.	16706

The notice shall include the school year and, if possible,	16707
the actual date the school will close.	16708

(B) The chief administrator of each chartered nonpublic	16709
school that closes shall deposit the school's records with either:	16710

(1) The accrediting association that most recently accredited	16711
the school for purposes of chartering the school in accordance	16712
with the rules of the state board, if applicable;	16713

(2) The school district that received auxiliary services	16714
funding under division (I) of section 3317.024 of the Revised Code	16715
on behalf of the students enrolled in the school.	16716

The school district that receives the records may charge for	16717
and receive a one-time reimbursement from auxiliary services	16718
funding under division (I) of section 3317.024 of the Revised Code	16719
for costs the district incurred to store the records.	16720

Sec. 3301.311. (A) As used in this section, "preschool	16721
program" has the same meaning as in section 3301.52 of the Revised	16722
Code.	16723

(B)~~(1)~~ Subject to ~~division (B)(2)~~divisions (C) and (D) of	16724
this section, ~~after July 1, 2005~~beginning in fiscal year 2006, no	16725
preschool program, and no early childhood education program or	16726
early learning program as defined by the department of education	16727
shall receive any funds from the state unless fifty per cent of	16728
the staff members employed by that program as teachers are working	16729
toward an associate degree of a type approved by the department.	16730

(C)(1) Subject to division ~~(B)~~(C)(2) of this section,	16731
beginning in fiscal year ~~2008~~2010, no preschool program, and no	16732
early childhood education program, or early learning program as	16733
defined by the department, existing prior to fiscal year 2007,	16734
shall receive any funds from the state unless every staff member	16735
employed by that program as a teacher has attained ~~such a~~an	16736
associate degree of a type approved by the department.	16737

(2) ~~After July 1, 2010~~Beginning in fiscal year 2011, no	16738
preschool program, and no early childhood education program or	16739
early learning program as defined by the department ~~of education~~,	16740
existing prior to fiscal year 2007, shall receive any funds from	16741
the state unless fifty per cent of the staff members employed by	16742
the program as teachers have attained a bachelor's degree of a	16743
type approved by the department.	16744

(D)(1) Subject to division (D)(2) of this section, beginning	16745
in fiscal year 2012, no preschool program, and no early childhood	16746
education program or early learning program as defined by the	16747
department, established during or after fiscal year 2007, shall	16748
receive any funds from the state unless every staff member	16749
employed by that program as a teacher has attained an associate	16750
degree of a type approved by the department.	16751

(2) Beginning in fiscal year 2013, no preschool program, and	16752
no early childhood education program or early learning program as	16753
defined by the department, established during or after fiscal year	16754
2007, shall receive any funds from the state unless fifty per cent	16755
of the staff members employed by the program as teachers have	16756
attained a bachelor's degree of a type approved by the department.	16757

Sec. 3301.53. (A) ~~Not later than July 1, 1988, the~~The state	16758
board of education, in consultation with the director of job and	16759
family services, shall formulate and prescribe by rule adopted	16760
under Chapter 119. of the Revised Code minimum standards to be	16761
applied to preschool programs operated by school district boards	16762
of education, county MR/DD boards, or eligible nonpublic schools.	16763
The rules shall include the following:	16764

(1) Standards ensuring that the preschool program is located	16765
in a safe and convenient facility that accommodates the enrollment	16766
of the program, is of the quality to support the growth and	16767
development of the children according to the program objectives,	16768
and meets the requirements of section 3301.55 of the Revised Code;	16769

(2) Standards ensuring that supervision, discipline, and	16770
programs will be administered according to established objectives	16771
and procedures;	16772

(3) Standards ensuring that preschool staff members and	16773
nonteaching employees are recruited, employed, assigned,	16774
evaluated, and provided inservice education without discrimination	16775
on the basis of age, color, national origin, race, or sex; and	16776
that preschool staff members and nonteaching employees are	16777
assigned responsibilities in accordance with written position	16778
descriptions commensurate with their training and experience;	16779

(4) A requirement that boards of education intending to	16780
establish a preschool program ~~on or after March 17, 1989,~~	16781
demonstrate a need for a preschool program ~~that is not being met~~	16782
~~by any existing program providing child care,~~ prior to	16783
establishing the program;	16784

(5) Requirements that children participating in preschool	16785
programs have been immunized to the extent considered appropriate	16786
by the state board to prevent the spread of communicable disease;	16787

(6) Requirements that the parents of preschool children	16788
complete the emergency medical authorization form specified in	16789
section 3313.712 of the Revised Code.	16790

(B) The state board of education in consultation with the	16791
director of job and family services shall ensure that the rules	16792
adopted by the state board under sections 3301.52 to 3301.58 of	16793
the Revised Code are consistent with and meet or exceed the	16794
requirements of Chapter 5104. of the Revised Code with regard to	16795
child day-care centers. The state board and the director of job	16796
and family services shall review all such rules at least once	16797
every five years.	16798

(C) ~~On or before January 1, 1992, the~~The state board of	16799
education, in consultation with the director of job and family	16800
services, shall adopt rules for school child programs that are	16801
consistent with and meet or exceed the requirements of the rules	16802
adopted for school child day-care centers under Chapter 5104. of	16803
the Revised Code.	16804

Sec. 3302.03. (A) Annually the department of education shall	16805
report for each school district and each school building in a	16806
district all of the following:	16807

(1) The extent to which the school district or building meets	16808
each of the applicable performance indicators created by the state	16809
board of education under section 3302.02 of the Revised Code and	16810
the number of applicable performance indicators that have been	16811
achieved;	16812

(2) The performance index score of the school district or	16813
building;	16814

(3) Whether the school district or building has made adequate	16815
yearly progress;	16816

(4) Whether the school district or building is excellent,	16817
effective, needs continuous improvement, is under an academic	16818
watch, or is in a state of academic emergency.	16819

(B) Except as otherwise provided in ~~division~~divisions (B)(6)	16820
and (7) of this section:	16821

(1) A school district or building shall be declared excellent	16822
if it fulfills one of the following requirements:	16823

(a) It makes adequate yearly progress and either meets at	16824
least ninety-four per cent of the applicable state performance	16825
indicators or has a performance index score established by the	16826
department.	16827

(b) It has failed to make adequate yearly progress for not	16828
more than two consecutive years and either meets at least	16829
ninety-four per cent of the applicable state performance	16830
indicators or has a performance index score established by the	16831
department.	16832

(2) A school district or building shall be declared effective	16833
if it fulfills one of the following requirements:	16834

(a) It makes adequate yearly progress and either meets at	16835
least seventy-five per cent but less than ninety-four per cent of	16836
the applicable state performance indicators or has a performance	16837
index score established by the department.	16838

(b) It does not make adequate yearly progress and either	16839
meets at least seventy-five per cent of the applicable state	16840
performance indicators or has a performance index score	16841
established by the department, except that if it does not make	16842
adequate yearly progress for three consecutive years, it shall be	16843
declared in need of continuous improvement.	16844

(3) A school district or building shall be declared to be in	16845
need of continuous improvement if it fulfills one of the following	16846
requirements:	16847

(a) It makes adequate yearly progress, meets less than	16848
seventy-five per cent of the applicable state performance	16849
indicators, and has a performance index score established by the	16850
department.	16851

(b) It does not make adequate yearly progress and either	16852
meets at least fifty per cent but less than seventy-five per cent	16853
of the applicable state performance indicators or has a	16854
performance index score established by the department.	16855

(4) A school district or building shall be declared to be	16856
under an academic watch if it does not make adequate yearly	16857
progress and either meets at least thirty-one per cent but less	16858
than fifty per cent of the applicable state performance indicators	16859
or has a performance index score established by the department.	16860

(5) A school district or building shall be declared to be in	16861
a state of academic emergency if it does not make adequate yearly	16862
progress, does not meet at least thirty-one per cent of the	16863
applicable state performance indicators, and has a performance	16864
index score established by the department.	16865

(6) When designating performance ratings for school districts	16866
and buildings under divisions (B)(1) to (5) of this section, the	16867
department shall not assign a school district or building a lower	16868
designation from its previous year's designation based solely on	16869
one subgroup not making adequate yearly progress.	16870

(7) Division (B)(7) of this section does not apply to any	16871
community school established under Chapter 3314. of the Revised	16872
Code in which a majority of the students are enrolled in a dropout	16873
prevention and recovery program.	16874

A school district or building shall not be assigned a higher	16875
performance rating than in need of continuous improvement if at	16876
least ten per cent but not more than fifteen per cent of the	16877
enrolled students do not take all achievement tests prescribed for	16878
their grade level under section 3301.0710 of the Revised Code from	16879
which they are not excused pursuant to division (C)(1) or (3) of	16880
section 3301.0711 of the Revised Code. A school district or	16881
building shall not be assigned a higher performance rating than	16882
under an academic watch if more than fifteen per cent but not more	16883
than twenty per cent of the enrolled students do not take all	16884
achievement tests prescribed for their grade level under section	16885
3301.0710 of the Revised Code from which they are not excused	16886
pursuant to division (C)(1) or (3) of section 3301.0711 of the	16887
Revised Code. A school district or building shall not be assigned	16888
a higher performance rating than in a state of academic emergency	16889
if more than twenty per cent of the enrolled students do not take	16890
all achievement tests prescribed for their grade level under	16891
section 3301.0710 of the Revised Code from which they are not	16892
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	16893
the Revised Code.	16894

(C)(1) The department shall issue annual report cards for	16895
each school district, each building within each district, and for	16896
the state as a whole reflecting performance on the indicators	16897
created by the state board under section 3302.02 of the Revised	16898
Code, the performance index score, and adequate yearly progress.	16899

(2) The department shall include on the report card for each	16900
district information pertaining to any change from the previous	16901
year made by the school district or school buildings within the	16902
district on any performance indicator.	16903

(3) When reporting data on student performance, the	16904
department shall disaggregate that data according to the following	16905
categories:	16906

(a) Performance of students by age group;

16907

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

16908

16909

(d) Performance of students grouped by those who have been	16910
enrolled in a district or school for three or more years;	16911

(e) Performance of students grouped by those who have been	16912
enrolled in a district or school for more than one year and less	16913
than three years;	16914

(f) Performance of students grouped by those who have been	16915
enrolled in a district or school for one year or less;	16916

(g) Performance of students grouped by those who are	16917
economically disadvantaged;	16918

(h) Performance of students grouped by those who are enrolled	16919
in a conversion community school established under Chapter 3314.	16920
of the Revised Code;	16921

(i) Performance of students grouped by those who are	16922
classified as limited English proficient;	16923

(j) Performance of students grouped by those who have	16924
disabilities;	16925

(k) Performance of students grouped by those who are	16926
classified as migrants;	16927

(l) Performance of students grouped by those who are	16928
identified as gifted pursuant to Chapter 3324. of the Revised	16929
Code.	16930

The department may disaggregate data on student performance	16931
according to other categories that the department determines are	16932
appropriate. To the extent possible, the department shall	16933
disaggregate data on student performance according to any	16934
combinations of two or more of the categories listed in divisions	16935
(C)(3)(a) to (l) of this section that it deems relevant.	16936

In reporting data pursuant to division (C)(3) of this	16937
section, the department shall not include in the report cards any	16938
data statistical in nature that is statistically unreliable or	16939
that could result in the identification of individual students.	16940
For this purpose, the department shall not report student	16941
performance data for any group identified in division (C)(3) of	16942
this section that contains less than ten students.	16943

(4) The department may include with the report cards any	16944
additional education and fiscal performance data it deems	16945
valuable.	16946

(5) The department shall include on each report card a list	16947
of additional information collected by the department that is	16948
available regarding the district or building for which the report	16949
card is issued. When available, such additional information shall	16950
include student mobility data disaggregated by race and	16951
socioeconomic status, college enrollment data, and the reports	16952
prepared under section 3302.031 of the Revised Code.	16953

The department shall maintain a site on the world wide web.	16954
The report card shall include the address of the site and shall	16955
specify that such additional information is available to the	16956
public at that site. The department shall also provide a copy of	16957
each item on the list to the superintendent of each school	16958
district. The district superintendent shall provide a copy of any	16959
item on the list to anyone who requests it.	16960

(6)(a) This division does not apply to conversion community	16961
schools that primarily enroll students between sixteen and	16962
twenty-two years of age who dropped out of high school or are at	16963
risk of dropping out of high school due to poor attendance,	16964
disciplinary problems, or suspensions.	16965

For any district that sponsors a conversion community school	16966
under Chapter 3314. of the Revised Code, the department shall	16967
combine data regarding the academic performance of students	16968
enrolled in the community school with comparable data from the	16969
schools of the district for the purpose of calculating the	16970
performance of the district as a whole on the report card issued	16971
for the district.	16972

(b) Any district that leases a building to a community school	16973
located in the district or that enters into an agreement with a	16974
community school located in the district whereby the district and	16975
the school endorse each other's programs may elect to have data	16976
regarding the academic performance of students enrolled in the	16977
community school combined with comparable data from the schools of	16978
the district for the purpose of calculating the performance of the	16979
district as a whole on the district report card. Any district that	16980
so elects shall annually file a copy of the lease or agreement	16981
with the department.	16982

(7) The department shall include on each report card the	16983
percentage of teachers in the district or building who are highly	16984
qualified, as defined by the "No Child Left Behind Act of 2001,"	16985
and a comparison of that percentage with the percentages of such	16986
teachers in similar districts and buildings.	16987

(8) The department shall include on the report card the	16988
number of master teachers employed by each district and each	16989
building once the data is available from the education management	16990
information system established under section 3301.0714 of the	16991
Revised Code.	16992

(D)(1) In calculating reading, writing, mathematics, social	16993
studies, or science proficiency or achievement test passage rates	16994
used to determine school district or building performance under	16995
this section, the department shall include all students taking a	16996
test with accommodation or to whom an alternate assessment is	16997
administered pursuant to division (C)(1) or (3) of section	16998
3301.0711 of the Revised Code.	16999

(2) In calculating performance index scores, rates of	17000
achievement on the performance indicators established by the state	17001
board under section 3302.02 of the Revised Code, and adequate	17002
yearly progress for school districts and buildings under this	17003
section, the department shall do all of the following:	17004

(a) Include for each district or building only those students	17005
who are included in the ADM certified for the first full school	17006
week of October and are continuously enrolled in the district or	17007
building through the time of the spring administration of any test	17008
prescribed by section 3301.0710 of the Revised Code that is	17009
administered to the student's grade level;	17010

(b) Include cumulative totals from both the fall and spring	17011
administrations of the third grade reading achievement test;	17012

(c) Except as required by the "No Child Left Behind Act of	17013
2001" for the calculation of adequate yearly progress, exclude for	17014
each district or building any limited English proficient student	17015
who has been enrolled in United States schools for less than one	17016
full school year.	17017

Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent	17018
of public instruction shall establish an academic distress	17019
commission for each school district that has been declared to be	17020
in a state of academic emergency pursuant to section 3302.03 of	17021
the Revised Code and has failed to make adequate yearly progress	17022
for four or more consecutive school years. Each commission shall	17023
assist the district for which it was established in improving the	17024
district's academic performance.	17025

Each commission is a body both corporate and politic,	17026
constituting an agency and instrumentality of the state and	17027
performing essential governmental functions of the state. A	17028
commission shall be known as the "academic distress commission for	17029
............... (name of school district)," and, in that name, may	17030
exercise all authority vested in such a commission by this	17031
section. A separate commission shall be established for each	17032
school district to which this division applies.	17033

(B) Each academic distress commission shall consist of five	17034
voting members, three of whom shall be appointed by the	17035
superintendent of public instruction and two of whom shall be	17036
residents of the applicable school district appointed by the	17037
president of the district board of education ~~of the applicable~~	17038
~~school district~~. When a school district becomes subject to this	17039
section, the superintendent of public instruction shall provide	17040
written notification of that fact to the district board of	17041
education and shall request the president of the district board to	17042
submit to the superintendent of public instruction, in writing,	17043
the names of the president's appointees to the commission. The	17044
superintendent of public instruction and the president of the	17045
district board shall make appointments to the commission within	17046
thirty days after the district is notified that it is subject to	17047
this section.	17048

Members of the commission shall serve at the pleasure of	17049
their appointing authority during the life of the commission. In	17050
the event of the death, resignation, incapacity, removal, or	17051
ineligibility to serve of a member, the appointing authority shall	17052
appoint a successor within fifteen days after the vacancy occurs.	17053
Members shall serve without compensation, but shall be paid by the	17054
commission their necessary and actual expenses incurred while	17055
engaged in the business of the commission.	17056

(C) Immediately after appointment of the initial members of	17057
an academic distress commission, the superintendent of public	17058
instruction shall call the first meeting of the commission and	17059
shall cause written notice of the time, date, and place of that	17060
meeting to be given to each member of the commission at least	17061
forty-eight hours in advance of the meeting. The first meeting	17062
shall include an overview of the commission's roles and	17063
responsibilities, the requirements of section 2921.42 and Chapter	17064
102. of the Revised Code as they pertain to commission members,	17065
the requirements of section 121.22 of the Revised Code, and the	17066
provisions of division (F) of this section. At its first meeting,	17067
the commission shall adopt temporary bylaws in accordance with	17068
division (D) of this section to govern its operations until the	17069
adoption of permanent bylaws.	17070

The superintendent of public instruction shall designate a	17071
chairperson for the commission from among the members appointed by	17072
the superintendent. The chairperson shall call and conduct	17073
meetings, set meeting agendas, and serve as a liaison between the	17074
commission and the district board of education. The chairperson	17075
also shall appoint a secretary, who shall not be a member of the	17076
commission.	17077

The department of education shall provide administrative	17078
support for the commission, provide data requested by the	17079
commission, and inform the commission of available state resources	17080
that could assist the commission in its work.	17081

(D) Each academic distress commission may adopt and alter	17082
bylaws and rules, which shall not be subject to section 111.15 or	17083
Chapter 119. of the Revised Code, for the conduct of its affairs	17084
and for the manner, subject to this section, in which its powers	17085
and functions shall be exercised and embodied.	17086

(E) Three members of an academic distress commission	17087
constitute a quorum of the commission. The affirmative vote of	17088
three members of the commission is necessary for any action taken	17089
by vote of the commission. No vacancy in the membership of the	17090
commission shall impair the rights of a quorum by such vote to	17091
exercise all the rights and perform all the duties of the	17092
commission. Members of the commission are not disqualified from	17093
voting by reason of the functions of any other office they hold	17094
and are not disqualified from exercising the functions of the	17095
other office with respect to the school district, its officers, or	17096
the commission.	17097

(F) The members of an academic distress commission, the	17098
superintendent of public instruction, and any person authorized to	17099
act on behalf of or assist them shall not be personally liable or	17100
subject to any suit, judgment, or claim for damages resulting from	17101
the exercise of or failure to exercise the powers, duties, and	17102
functions granted to them in regard to their functioning under	17103
this section, but the commission, superintendent of public	17104
instruction, and such other persons shall be subject to mandamus	17105
proceedings to compel performance of their duties under this	17106
section.	17107

(G) Each member of an academic distress commission shall file	17108
the statement described in section 102.02 of the Revised Code with	17109
the Ohio ethics commission. The statement shall be confidential,	17110
subject to review, as described in division (B) of that section.	17111

(H) Meetings of each academic distress commission shall be	17112
subject to section 121.22 of the Revised Code.	17113

(I)(1) Within one hundred twenty days after the first meeting	17114
of an academic distress commission, the commission shall adopt an	17115
academic recovery plan to improve academic performance in the	17116
school district. The plan shall address academic problems at both	17117
the district and school levels. The plan shall include the	17118
following:	17119

(a) Short-term and long-term actions to be taken to improve	17120
the district's academic performance, including any actions	17121
required by section 3302.04 of the Revised Code;	17122

(b) The sequence and timing of the actions described in	17123
division (I)(1)(a) of this section and the persons responsible for	17124
implementing the actions;	17125

(c) Resources that will be applied toward improvement	17126
efforts;	17127

(d) Procedures for monitoring and evaluating improvement	17128
efforts;	17129

(e) Requirements for reporting to the commission and the	17130
district board of education on the status of improvement efforts.	17131

(2) The commission may amend the academic recovery plan	17132
subsequent to adoption. The commission shall update the plan at	17133
least annually.	17134

(3) The commission shall submit the academic recovery plan it	17135
adopts or updates to the superintendent of public instruction for	17136
approval immediately following its adoption or updating. The	17137
superintendent shall evaluate the plan and either approve or	17138
disapprove it within thirty days after its submission. If the plan	17139
is disapproved, the superintendent shall recommend modifications	17140
that will render it acceptable. No academic distress commission	17141
shall implement an academic recovery plan unless the	17142
superintendent has approved it.	17143

(4) County, state, and school district officers and employees	17144
shall assist the commission diligently and promptly in the	17145
implementation of the academic recovery plan.	17146

(J) Each academic distress commission shall seek input from	17147
the district board of education regarding ways to improve the	17148
district's academic performance, but any decision of the	17149
commission related to any authority granted to the commission	17150
under this section shall be final.	17151

The commission may do any of the following:

17152

(1) Appoint school building administrators and reassign	17153
administrative personnel;	17154

(2) Terminate the contracts of administrators or	17155
administrative personnel. The commission shall not be required to	17156
comply with section 3319.16 of the Revised Code with respect to	17157
any contract terminated under this division.	17158

(3) Contract with a private entity to perform school or	17159
district management functions;	17160

(4) Establish a budget for the district and approve district	17161
appropriations and expenditures, unless a financial planning and	17162
supervision commission has been established for the district	17163
pursuant to section 3316.05 of the Revised Code.	17164

~~(D)~~(K) If the board of education of a district for which an	17165
academic distress commission has been established under this	17166
section renews any collective bargaining agreement under Chapter	17167
4117. of the Revised Code during the existence of the commission,	17168
the district board shall not enter into any agreement that would	17169
render any decision of the commission unenforceable. Section	17170
3302.08 of the Revised Code does not apply to this division.	17171

Notwithstanding any provision to the contrary in Chapter	17172
4117. of the Revised Code, if the board of education has entered	17173
into a collective bargaining agreement after ~~the effective date of~~	17174
~~this section~~September 29, 2005, that contains stipulations	17175
relinquishing one or more of the rights or responsibilities listed	17176
in division (C) of section 4117.08 of the Revised Code, those	17177
stipulations are not enforceable and the district board shall	17178
resume holding those rights or responsibilities as if it had not	17179
relinquished them in that agreement until such time as both the	17180
academic distress commission ceases to exist and the district	17181
board agrees to relinquish those rights or responsibilities in a	17182
new collective bargaining agreement. The provisions of this	17183
paragraph apply to a collective bargaining agreement entered into	17184
after ~~the effective date of this section~~September 29, 2005, and	17185
those provisions are deemed to be part of that agreement	17186
regardless of whether the district satisfied the conditions	17187
prescribed in division (A) of this section at the time the	17188
district entered into that agreement.	17189

~~(E)~~(L) An academic distress commission shall cease to exist	17190
when the district for which it was established receives a	17191
performance rating under section 3302.03 of the Revised Code of in	17192
need of continuous improvement or better for two ~~out~~ of the three	17193
prior school years; however, the superintendent of public	17194
instruction may dissolve the commission earlier if the	17195
superintendent determines that the district can perform adequately	17196
without the supervision of the commission. Upon termination of the	17197
commission, the department of education shall compile a final	17198
report of the commission's activities to assist other academic	17199
distress commissions in the conduct of their functions.	17200

Sec. 3303.20. The superintendent of public instruction shall	17201
appoint a supervisor of agricultural education within the	17202
department of education. The supervisor shall be responsible for	17203
administering and disseminating to school districts information	17204
about agricultural education.	17205

The department shall maintain an appropriate number of	17206
full-time employees focusing on agricultural education. The	17207
department shall employ at least three program consultants who	17208
shall be available to provide assistance to school districts on a	17209
regional basis throughout the state. At least one consultant may	17210
coordinate local activities of the student organization known as	17211
the future farmers of America.	17212

Sec. 3307.01. As used in this chapter:

17213

(A) "Employer" means the board of education, school district,	17214
governing authority of any community school established under	17215
Chapter 3314. of the Revised Code, a science, technology,	17216
engineering, and mathematics school established under Chapter	17217
3326. of the Revised Code, college, university, institution, or	17218
other agency within the state by which a teacher is employed and	17219
paid.	17220

(B) "Teacher" means all of the following:

17221

(1) Any person paid from public funds and employed in the	17222
public schools of the state under any type of contract described	17223
in section 3319.08 of the Revised Code in a position for which the	17224
person is required to have a license issued pursuant to sections	17225
3319.22 to 3319.31 of the Revised Code;	17226

(2) Any person employed as a teacher by a community school or	17227
a science, technology, engineering, and mathematics school	17228
pursuant to Chapter 3314. or 3326. of the Revised Code;	17229

(3) Any person having a license issued pursuant to sections	17230
3319.22 to 3319.31 of the Revised Code and employed in a public	17231
school in this state in an educational position, as determined by	17232
the state board of education, under programs provided for by	17233
federal acts or regulations and financed in whole or in part from	17234
federal funds, but for which no licensure requirements for the	17235
position can be made under the provisions of such federal acts or	17236
regulations;	17237

(4) Any other teacher or faculty member employed in any	17238
school, college, university, institution, or other agency wholly	17239
controlled and managed, and supported in whole or in part, by the	17240
state or any political subdivision thereof, including Central	17241
state university, Cleveland state university, and the university	17242
of Toledo;	17243

(5) The educational employees of the department of education,	17244
as determined by the state superintendent of public instruction.	17245

In all cases of doubt, the state teachers retirement board	17246
shall determine whether any person is a teacher, and its decision	17247
shall be final.	17248

"Teacher" does not include any eligible employee of a public	17249
institution of higher education, as defined in section 3305.01 of	17250
the Revised Code, who elects to participate in an alternative	17251
retirement plan established under Chapter 3305. of the Revised	17252
Code.	17253

(C) "Member" means any person included in the membership of	17254
the state teachers retirement system, which shall consist of all	17255
teachers and contributors as defined in divisions (B) and (D) of	17256
this section and all disability benefit recipients, as defined in	17257
section 3307.50 of the Revised Code. However, for purposes of this	17258
chapter, the following persons shall not be considered members:	17259

(1) A student, intern, or resident who is not a member while	17260
employed part-time by a school, college, or university at which	17261
the student, intern, or resident is regularly attending classes;	17262

(2) A person denied membership pursuant to section 3307.24 of	17263
the Revised Code;	17264

(3) An other system retirant, as defined in section 3307.35	17265
of the Revised Code, or a superannuate;	17266

(4) An individual employed in a program established pursuant	17267
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	17268
U.S.C.A. 1501.	17269

(D) "Contributor" means any person who has an account in the	17270
teachers' savings fund or defined contribution fund.	17271

(E) "Beneficiary" means any person eligible to receive, or in	17272
receipt of, a retirement allowance or other benefit provided by	17273
this chapter.	17274

(F) "Year" means the year beginning the first day of July and	17275
ending with the thirtieth day of June next following, except that	17276
for the purpose of determining final average salary under the plan	17277
described in sections 3307.50 to 3307.79 of the Revised Code,	17278
"year" may mean the contract year.	17279

(G) "Local district pension system" means any school teachers	17280
pension fund created in any school district of the state in	17281
accordance with the laws of the state prior to September 1, 1920.	17282

(H) "Employer contribution" means the amount paid by an	17283
employer, as determined by the employer rate, including the normal	17284
and deficiency rates, contributions, and funds wherever used in	17285
this chapter.	17286

(I) "Five years of service credit" means employment covered	17287
under this chapter and employment covered under a former	17288
retirement plan operated, recognized, or endorsed by a college,	17289
institute, university, or political subdivision of this state	17290
prior to coverage under this chapter.	17291

(J) "Actuary" means the actuarial consultant to the state	17292
teachers retirement board, who shall be either of the following:	17293

(1) A member of the American academy of actuaries;

17294

(2) A firm, partnership, or corporation of which at least one	17295
person is a member of the American academy of actuaries.	17296

(K) "Fiduciary" means a person who does any of the following:

17297

(1) Exercises any discretionary authority or control with	17298
respect to the management of the system, or with respect to the	17299
management or disposition of its assets;	17300

(2) Renders investment advice for a fee, direct or indirect,	17301
with respect to money or property of the system;	17302

(3) Has any discretionary authority or responsibility in the	17303
administration of the system.	17304

(L)(1) Except as provided in this division, "compensation"	17305
means all salary, wages, and other earnings paid to a teacher by	17306
reason of the teacher's employment, including compensation paid	17307
pursuant to a supplemental contract. The salary, wages, and other	17308
earnings shall be determined prior to determination of the amount	17309
required to be contributed to the teachers' savings fund or	17310
defined contribution fund under section 3307.26 of the Revised	17311
Code and without regard to whether any of the salary, wages, or	17312
other earnings are treated as deferred income for federal income	17313
tax purposes.	17314

(2) Compensation does not include any of the following:

17315

(a) Payments for accrued but unused sick leave or personal	17316
leave, including payments made under a plan established pursuant	17317
to section 124.39 of the Revised Code or any other plan	17318
established by the employer;	17319

(b) Payments made for accrued but unused vacation leave,	17320
including payments made pursuant to section 124.13 of the Revised	17321
Code or a plan established by the employer;	17322

(c) Payments made for vacation pay covering concurrent	17323
periods for which other salary, compensation, or benefits under	17324
this chapter are paid;	17325

(d) Amounts paid by the employer to provide life insurance,	17326
sickness, accident, endowment, health, medical, hospital, dental,	17327
or surgical coverage, or other insurance for the teacher or the	17328
teacher's family, or amounts paid by the employer to the teacher	17329
in lieu of providing the insurance;	17330

(e) Incidental benefits, including lodging, food, laundry,	17331
parking, or services furnished by the employer, use of the	17332
employer's property or equipment, and reimbursement for	17333
job-related expenses authorized by the employer, including moving	17334
and travel expenses and expenses related to professional	17335
development;	17336

(f) Payments made by the employer in exchange for a member's	17337
waiver of a right to receive any payment, amount, or benefit	17338
described in division (L)(2) of this section;	17339

(g) Payments by the employer for services not actually	17340
rendered;	17341

(h) Any amount paid by the employer as a retroactive increase	17342
in salary, wages, or other earnings, unless the increase is one of	17343
the following:	17344

(i) A retroactive increase paid to a member employed by a	17345
school district board of education in a position that requires a	17346
license designated for teaching and not designated for being an	17347
administrator issued under section 3319.22 of the Revised Code	17348
that is paid in accordance with uniform criteria applicable to all	17349
members employed by the board in positions requiring the licenses;	17350

(ii) A retroactive increase paid to a member employed by a	17351
school district board of education in a position that requires a	17352
license designated for being an administrator issued under section	17353
3319.22 of the Revised Code that is paid in accordance with	17354
uniform criteria applicable to all members employed by the board	17355
in positions requiring the licenses;	17356

(iii) A retroactive increase paid to a member employed by a	17357
school district board of education as a superintendent that is	17358
also paid as described in division (L)(2)(h)(i) of this section;	17359

(iv) A retroactive increase paid to a member employed by an	17360
employer other than a school district board of education in	17361
accordance with uniform criteria applicable to all members	17362
employed by the employer.	17363

(i) Payments made to or on behalf of a teacher that are in	17364
excess of the annual compensation that may be taken into account	17365
by the retirement system under division (a)(17) of section 401 of	17366
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	17367
401(a)(17), as amended. For a teacher who first establishes	17368
membership before July 1, 1996, the annual compensation that may	17369
be taken into account by the retirement system shall be determined	17370
under division (d)(3) of section 13212 of the "Omnibus Budget	17371
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	17372

(j) Payments made under division (B), (C), or (E) of section	17373
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	17374
No. 3 of the 119th general assembly, Section 3 of Amended	17375
Substitute Senate Bill No. 164 of the 124th general assembly, or	17376
Amended Substitute House Bill No. 405 of the 124th general	17377
assembly;	17378

(k) Anything of value received by the teacher that is based	17379
on or attributable to retirement or an agreement to retire.	17380

(3) The retirement board shall determine by rule both of the	17381
following:	17382

(a) Whether particular forms of earnings are included in any	17383
of the categories enumerated in this division;	17384

(b) Whether any form of earnings not enumerated in this	17385
division is to be included in compensation.	17386

Decisions of the board made under this division shall be	17387
final.	17388

(M) "Superannuate" means both of the following:

17389

(1) A former teacher receiving from the system a retirement	17390
allowance under section 3307.58 or 3307.59 of the Revised Code;	17391

(2) A former teacher receiving a benefit from the system	17392
under a plan established under section 3307.81 of the Revised	17393
Code, except that "superannuate" does not include a former teacher	17394
who is receiving a benefit based on disability under a plan	17395
established under section 3307.81 of the Revised Code.	17396

For purposes of sections 3307.35 and 3307.353 of the Revised	17397
Code, "superannuate" also means a former teacher receiving from	17398
the system a combined service retirement benefit paid in	17399
accordance with section 3307.57 of the Revised Code, regardless of	17400
which retirement system is paying the benefit.	17401

Sec. 3307.31. (A) Payments by boards of education and	17402
governing authorities of community schools to the state teachers	17403
retirement system, as provided in sections 3307.29 and 3307.291 of	17404
the Revised Code, shall be made from the amount allocated under	17405
section 3314.08 or Chapter 3317. of the Revised Code prior to its	17406
distribution to the individual school districts or community	17407
schools. The amount due from each school district or community	17408
school shall be certified by the secretary of the system to the	17409
superintendent of public instruction monthly, or at such times as	17410
may be determined by the state teachers retirement board.	17411

The superintendent shall deduct, from the amount allocated to	17412
each district or community school under section 3314.08 or Chapter	17413
3317. of the Revised Code, the entire amounts due to the system	17414
from such district or school upon the certification to the	17415
superintendent by the secretary thereof.	17416

The superintendent shall certify to the director of budget	17417
and management the amounts thus due the system for payment.	17418

(B) Payments to the state teachers retirement system by a	17419
science, technology, engineering, and mathematics school shall be	17420
deducted from the amount allocated under section 3326.33 of the	17421
Revised Code and shall be made in the same manner as payments by	17422
boards of education under this section.	17423

Sec. 3309.01. As used in this chapter:

17424

(A) "Employer" or "public employer" means boards of	17425
education, school districts, joint vocational districts, governing	17426
authorities of community schools established under Chapter 3314.	17427
of the Revised Code, a science, technology, engineering, and	17428
mathematics school established under Chapter 3326. of the Revised	17429
Code, educational institutions, technical colleges, state,	17430
municipal, and community colleges, community college branches,	17431
universities, university branches, other educational institutions,	17432
or other agencies within the state by which an employee is	17433
employed and paid, including any organization using federal funds,	17434
provided the federal funds are disbursed by an employer as	17435
determined by the above. In all cases of doubt, the school	17436
employees retirement board shall determine whether any employer is	17437
an employer as defined in this chapter, and its decision shall be	17438
final.	17439

(B) "Employee" means all of the following:

17440

(1) Any person employed by a public employer in a position	17441
for which the person is not required to have a certificate or	17442
license issued pursuant to sections 3319.22 to 3319.31 of the	17443
Revised Code;	17444

(2) Any person who performs a service common to the normal	17445
daily operation of an educational unit even though the person is	17446
employed and paid by one who has contracted with an employer to	17447
perform the service, and the contracting board or educational unit	17448
shall be the employer for the purposes of administering the	17449
provisions of this chapter;	17450

(3) Any person, not a faculty member, employed in any school	17451
or college or other institution wholly controlled and managed, and	17452
wholly or partly supported by the state or any political	17453
subdivision thereof, the board of trustees, or other managing body	17454
of which shall accept the requirements and obligations of this	17455
chapter.	17456

In all cases of doubt, the school employees retirement board	17457
shall determine whether any person is an employee, as defined in	17458
this division, and its decision is final.	17459

(C) "Prior service" means all service rendered prior to	17460
September 1, 1937:	17461

(1) As an employee as defined in division (B) of this	17462
section;	17463

(2) As an employee in a capacity covered by the public	17464
employees retirement system or the state teachers retirement	17465
system;	17466

(3) As an employee of an institution in another state,	17467
service credit for which was procured by a member under the	17468
provisions of section 3309.31 of the Revised Code.	17469

Prior service, for service as an employee in a capacity	17470
covered by the public employees retirement system or the state	17471
teachers retirement system, shall be granted a member under	17472
qualifications identical to the laws and rules applicable to	17473
service credit in those systems.	17474

Prior service shall not be granted any member for service	17475
rendered in a capacity covered by the public employees retirement	17476
system, the state teachers retirement system, and this system in	17477
the event the service credit has, in the respective systems, been	17478
received, waived by exemption, or forfeited by withdrawal of	17479
contributions, except as provided in this chapter.	17480

If a member who has been granted prior service should,	17481
subsequent to September 16, 1957, and before retirement, establish	17482
three years of contributing service in the public employees	17483
retirement system, or one year in the state teachers retirement	17484
system, then the prior service granted shall become, at	17485
retirement, the liability of the other system, if the prior	17486
service or employment was in a capacity that is covered by that	17487
system.	17488

The provisions of this division shall not cancel any prior	17489
service granted a member by the school employees retirement board	17490
prior to August 1, 1959.	17491

(D) "Total service," "total service credit," or "Ohio service	17492
credit" means all contributing service of a member of the school	17493
employees retirement system, and all prior service, computed as	17494
provided in this chapter, and all service established pursuant to	17495
sections 3309.31, 3309.311, and 3309.33 of the Revised Code. In	17496
addition, "total service" includes any period, not in excess of	17497
three years, during which a member was out of service and	17498
receiving benefits from the state insurance fund, provided the	17499
injury or incapacitation was the direct result of school	17500
employment.	17501

(E) "Member" means any employee, except an SERS retirant or	17502
other system retirant as defined in section 3309.341 of the	17503
Revised Code, who has established membership in the school	17504
employees retirement system. "Member" includes a disability	17505
benefit recipient.	17506

(F) "Contributor" means any person who has an account in the	17507
employees' savings fund. When used in the sections listed in	17508
division (B) of section 3309.82 of the Revised Code, "contributor"	17509
includes any person participating in a plan established under	17510
section 3309.81 of the Revised Code.	17511

(G) "Retirant" means any former member who retired and is	17512
receiving a service retirement allowance or commuted service	17513
retirement allowance as provided in this chapter.	17514

(H) "Beneficiary" or "beneficiaries" means the estate or a	17515
person or persons who, as the result of the death of a contributor	17516
or retirant, qualifies for or is receiving some right or benefit	17517
under this chapter.	17518

(I) "Interest," as specified in division (E) of section	17519
3309.60 of the Revised Code, means interest at the rates for the	17520
respective funds and accounts as the school employees retirement	17521
board may determine from time to time, except as follows:	17522

(1) The rate of interest credited on employee contributions	17523
at retirement shall be four per cent per annum, compounded	17524
annually, to and including June 30, 1955; three per cent per	17525
annum, compounded annually, from July 1, 1955, to and including	17526
June 30, 1963; three and one-quarter per cent per annum,	17527
compounded annually, from July 1, 1963, through June 30, 1966; and	17528
thereafter, four per cent per annum compounded annually until a	17529
change in the amount is recommended by the system's actuary and	17530
approved by the retirement board. Subsequent to June 30, 1959, the	17531
retirement board shall discontinue the annual crediting of current	17532
interest on a contributor's accumulated contributions.	17533
Noncrediting of current interest shall not affect the rate of	17534
interest at retirement guaranteed under this division.	17535

(2) In determining the reserve value for purposes of	17536
computing the amount of the contributor's annuity, the rate of	17537
interest used in the annuity values shall be four per cent per	17538
annum through September 30, 1956; three per cent per annum	17539
compounded annually from October 1, 1956, through June 30, 1963;	17540
three and one-quarter per cent per annum compounded annually from	17541
July 1, 1963, through June 30, 1966; and, thereafter, four per	17542
cent per annum compounded annually until a change in the amount is	17543
recommended by the system's actuary and approved by the retirement	17544
board. In the purchase of out-of-state service credit as provided	17545
in section 3309.31 of the Revised Code, and in the purchase of an	17546
additional annuity, as provided in section 3309.47 of the Revised	17547
Code, interest shall be computed and credited to reserves therefor	17548
at the rate the school employees retirement board shall fix as	17549
regular interest thereon.	17550

(J) "Accumulated contributions" means the sum of all amounts	17551
credited to a contributor's account in the employees' savings fund	17552
together with any regular interest credited thereon at the rates	17553
approved by the retirement board prior to retirement.	17554

(K) "Final average salary" means the sum of the annual	17555
compensation for the three highest years of compensation for which	17556
contributions were made by the member, divided by three. If the	17557
member has a partial year of contributing service in the year in	17558
which the member terminates employment and the partial year is at	17559
a rate of compensation that is higher than the rate of	17560
compensation for any one of the highest three years of annual	17561
earnings, the board shall substitute the compensation earned for	17562
the partial year for the compensation earned for a similar	17563
fractional portion in the lowest of the three high years of annual	17564
compensation before dividing by three. If a member has less than	17565
three years of contributing membership, the final average salary	17566
shall be the total compensation divided by the total number of	17567
years, including any fraction of a year, of contributing service.	17568

(L) "Annuity" means payments for life derived from	17569
contributions made by a contributor and paid from the annuity and	17570
pension reserve fund as provided in this chapter. All annuities	17571
shall be paid in twelve equal monthly installments.	17572

(M)(1) "Pension" means annual payments for life derived from	17573
appropriations made by an employer and paid from the employers'	17574
trust fund or the annuity and pension reserve fund. All pensions	17575
shall be paid in twelve equal monthly installments.	17576

(2) "Disability retirement" means retirement as provided in	17577
section 3309.40 of the Revised Code.	17578

(N) "Retirement allowance" means the pension plus the	17579
annuity.	17580

(O)(1) "Benefit" means a payment, other than a retirement	17581
allowance or the annuity paid under section 3309.341 of the	17582
Revised Code, payable from the accumulated contributions of the	17583
member or the employer, or both, under this chapter and includes a	17584
disability allowance or disability benefit.	17585

(2) "Disability allowance" means an allowance paid on account	17586
of disability under section 3309.401 of the Revised Code.	17587

(3) "Disability benefit" means a benefit paid as disability	17588
retirement under section 3309.40 of the Revised Code, as a	17589
disability allowance under section 3309.401 of the Revised Code,	17590
or as a disability benefit under section 3309.35 of the Revised	17591
Code.	17592

(P) "Annuity reserve" means the present value, computed upon	17593
the basis of mortality tables adopted by the school employees	17594
retirement board, of all payments to be made on account of any	17595
annuity, or benefit in lieu of any annuity, granted to a retirant.	17596

(Q) "Pension reserve" means the present value, computed upon	17597
the basis of mortality tables adopted by the school employees	17598
retirement board, of all payments to be made on account of any	17599
pension, or benefit in lieu of any pension, granted to a retirant	17600
or a beneficiary.	17601

(R) "Year" means the year beginning the first day of July and	17602
ending with the thirtieth day of June next following.	17603

(S) "Local district pension system" means any school	17604
employees' pension fund created in any school district of the	17605
state prior to September 1, 1937.	17606

(T) "Employer contribution" means the amount paid by an	17607
employer as determined under section 3309.49 of the Revised Code.	17608

(U) "Fiduciary" means a person who does any of the following:

17609

(1) Exercises any discretionary authority or control with	17610
respect to the management of the system, or with respect to the	17611
management or disposition of its assets;	17612

(2) Renders investment advice for a fee, direct or indirect,	17613
with respect to money or property of the system;	17614

(3) Has any discretionary authority or responsibility in the	17615
administration of the system.	17616

(V)(1) Except as otherwise provided in this division,	17617
"compensation" means all salary, wages, and other earnings paid to	17618
a contributor by reason of employment. The salary, wages, and	17619
other earnings shall be determined prior to determination of the	17620
amount required to be contributed to the employees' savings fund	17621
under section 3309.47 of the Revised Code and without regard to	17622
whether any of the salary, wages, or other earnings are treated as	17623
deferred income for federal income tax purposes.	17624

(2) Compensation does not include any of the following:

17625

(a) Payments for accrued but unused sick leave or personal	17626
leave, including payments made under a plan established pursuant	17627
to section 124.39 of the Revised Code or any other plan	17628
established by the employer;	17629

(b) Payments made for accrued but unused vacation leave,	17630
including payments made pursuant to section 124.13 of the Revised	17631
Code or a plan established by the employer;	17632

(c) Payments made for vacation pay covering concurrent	17633
periods for which other salary or compensation is also paid or	17634
during which benefits are paid under this chapter;	17635

(d) Amounts paid by the employer to provide life insurance,	17636
sickness, accident, endowment, health, medical, hospital, dental,	17637
or surgical coverage, or other insurance for the contributor or	17638
the contributor's family, or amounts paid by the employer to the	17639
contributor in lieu of providing the insurance;	17640

(e) Incidental benefits, including lodging, food, laundry,	17641
parking, or services furnished by the employer, use of the	17642
employer's property or equipment, and reimbursement for	17643
job-related expenses authorized by the employer, including moving	17644
and travel expenses and expenses related to professional	17645
development;	17646

(f) Payments made to or on behalf of a contributor that are	17647
in excess of the annual compensation that may be taken into	17648
account by the retirement system under division (a)(17) of section	17649
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	17650
U.S.C.A. 401(a)(17), as amended. For a contributor who first	17651
establishes membership before July 1, 1996, the annual	17652
compensation that may be taken into account by the retirement	17653
system shall be determined under division (d)(3) of section 13212	17654
of the "Omnibus Budget Reconciliation Act of 1993," Pub. L. No.	17655
103-66, 107 Stat. 472;	17656

(g) Payments made under division (B), (C), or (E) of section	17657
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	17658
No. 3 of the 119th general assembly, Section 3 of Amended	17659
Substitute Senate Bill No. 164 of the 124th general assembly, or	17660
Amended Substitute House Bill No. 405 of the 124th general	17661
assembly;	17662

(h) Anything of value received by the contributor that is	17663
based on or attributable to retirement or an agreement to retire,	17664
except that payments made on or before January 1, 1989, that are	17665
based on or attributable to an agreement to retire shall be	17666
included in compensation if both of the following apply:	17667

(i) The payments are made in accordance with contract	17668
provisions that were in effect prior to January 1, 1986.	17669

(ii) The employer pays the retirement system an amount	17670
specified by the retirement board equal to the additional	17671
liability from the payments.	17672

(3) The retirement board shall determine by rule whether any	17673
form of earnings not enumerated in this division is to be included	17674
in compensation, and its decision shall be final.	17675

(W) "Disability benefit recipient" means a member who is	17676
receiving a disability benefit.	17677

(X) "Actuary" means an individual who satisfies all of the	17678
following requirements:	17679

(1) Is a member of the American academy of actuaries;

17680

(2) Is an associate or fellow of the society of actuaries;

17681

(3) Has a minimum of five years' experience in providing	17682
actuarial services to public retirement plans.	17683

Sec. 3309.51. (A) Each employer shall pay annually into the	17684
employers' trust fund, in such monthly or less frequent	17685
installments as the school employees retirement board requires, an	17686
amount certified by the school employees retirement board, which	17687
shall be as required by Chapter 3309. of the Revised Code.	17688

Payments by school district boards of education to the	17689
employers' trust fund of the school employees retirement system	17690
may be made from the amounts allocated under Chapter 3317. of the	17691
Revised Code prior to their distribution to the individual school	17692
districts. The amount due from each school district may be	17693
certified by the secretary of the system to the superintendent of	17694
public instruction monthly, or at such times as is determined by	17695
the school employees retirement board.	17696

Payments by governing authorities of community schools to the	17697
employers' trust fund of the school employees retirement system	17698
shall be made from the amounts allocated under section 3314.08 of	17699
the Revised Code prior to their distribution to the individual	17700
community schools. The amount due from each community school shall	17701
be certified by the secretary of the system to the superintendent	17702
of public instruction monthly, or at such times as determined by	17703
the school employees retirement board.	17704

Payments by a science, technology, engineering, and	17705
mathematics school to the employers' trust fund of the school	17706
employees retirement system shall be made from the amounts	17707
allocated under section 3326.33 of the Revised Code prior to their	17708
distribution to the school. The amount due from a science,	17709
technology, engineering, and mathematics school shall be certified	17710
by the secretary of the school employees retirement system to the	17711
superintendent of public instruction monthly, or at such times as	17712
determined by the school employees retirement board.	17713

(B) The superintendent shall deduct from the amount allocated	17714
to each community school under section 3314.08 orof the Revised	17715
Code, to each school district under Chapter 3317. of the Revised	17716
Code, or to each science, technology, engineering, and mathematics	17717
school under section 3326.33 of the Revised Code the entire	17718
amounts due to the school employees retirement system from such	17719
school or school district upon the certification to the	17720
superintendent by the secretary thereof.	17721

(C) Where an employer fails or has failed or refuses to make	17722
payments to the employers' trust fund, as provided for under	17723
Chapter 3309. of the Revised Code, the secretary of the school	17724
employees retirement system may certify to the state	17725
superintendent of public instruction, monthly or at such times as	17726
is determined by the school employees retirement board, the amount	17727
due from such employer, and the superintendent shall deduct from	17728
the amount allocated to ~~each district or community school~~the	17729
employer under section 3314.08 or 3326.33 or Chapter 3317. of the	17730
Revised Code, as applicable, the entire amounts due to the system	17731
from ~~such districts or schools~~the employer upon the certification	17732
to the superintendent by the secretary of the school employees	17733
retirement system.	17734

(D) The superintendent shall certify to the director of	17735
budget and management the amounts thus due the system for	17736
payment.	17737

Sec. 3310.41. (A) As used in this section:

17738

(1) "Alternative public provider" means either of the	17739
following providers that agrees to enroll a child in the	17740
provider's special education program to implement the child's	17741
individualized education program and to which the child's parent	17742
owes fees for the services provided to the child:	17743

(a) A school district that is not the school district in	17744
which the child is entitled to attend school;	17745

(b) A public entity other than a school district.

17746

(2) "Entitled to attend school" means entitled to attend	17747
school in a school district under section 3313.64 or 3313.65 of	17748
the Revised Code.	17749

(3) "Formula ADM" and "category six special education ADM"	17750
have the same meanings as in section 3317.02 of the Revised Code.	17751

(4) "~~Handicapped preschool~~Preschool child with a disability"	17752
and "individualized education program" have the same meanings as	17753
in section 3323.01 of the Revised Code.	17754

(5) "Parent" has the same meaning as in section 3313.64 of	17755
the Revised Code, except that "parent" does not mean a parent	17756
whose custodial rights have been terminated.	17757

(6) "Preschool scholarship ADM" means the number of	17758
~~handicapped~~ preschool children with disabilities reported under	17759
division (B)(3)(h) of section 3317.03 of the Revised Code.	17760

(7) "Qualified special education child" is a child for whom	17761
all of the following conditions apply:	17762

(a) The school district in which the child is entitled to	17763
attend school has identified the child as autistic. A child who	17764
has been identified as having a "pervasive developmental disorder	17765
- not otherwise specified (PPD-NOS)" shall be considered to be an	17766
autistic child for purposes of this section.	17767

(b) The school district in which the child is entitled to	17768
attend school has developed an individualized education program	17769
under Chapter 3323. of the Revised Code for the child.	17770

17771

(i) Was enrolled in the school district in which the child is	17772
entitled to attend school in any grade from preschool through	17773
twelve in the school year prior to the year in which a scholarship	17774
under this section is first sought for the child; or	17775

(ii) Is eligible to enter school in any grade preschool	17776
through twelve in the school district in which the child is	17777
entitled to attend school in the school year in which a	17778
scholarship under this section is first sought for the child.	17779

(8) "Registered private provider" means a nonpublic school or	17780
other nonpublic entity that has been approved by the ~~Department~~	17781
department of ~~Education~~education to participate in the program	17782
established under this section.	17783

(9) "Special education program" means a school or facility	17784
that provides special education and related services to children	17785
with disabilities.	17786

(B) There is hereby established the autism scholarship	17787
program. Under the program, the department of education shall pay	17788
a scholarship to the parent of each qualified special education	17789
child upon application of that parent pursuant to procedures and	17790
deadlines established by rule of the state board of education.	17791
Each scholarship shall be used only to pay tuition for the child	17792
on whose behalf the scholarship is awarded to attend a special	17793
education program that implements the child's individualized	17794
education program and that is operated by an alternative public	17795
provider or by a registered private provider. Each scholarship	17796
shall be in an amount not to exceed the lesser of the tuition	17797
charged for the child by the special education program or twenty	17798
thousand dollars. The purpose of the scholarship is to permit the	17799
parent of a qualified special education child the choice to send	17800
the child to a special education program, instead of the one	17801
operated by or for the school district in which the child is	17802
entitled to attend school, to receive the services prescribed in	17803
the child's individualized education program once the	17804
individualized education program is finalized. A scholarship under	17805
this section shall not be awarded to the parent of a child while	17806
the child's individualized education program is being developed by	17807
the school district in which the child is entitled to attend	17808
school, or while any administrative or judicial mediation or	17809
proceedings with respect to the content of the child's	17810
individualized education program are pending. A scholarship under	17811
this section shall not be used for a child to attend a public	17812
special education program that operates under a contract, compact,	17813
or other bilateral agreement between the school district in which	17814
the child is entitled to attend school and another school district	17815
or other public provider, or for a child to attend a community	17816
school established under Chapter 3314. of the Revised Code.	17817
However, nothing in this section or in any rule adopted by the	17818
state board shall prohibit a parent whose child attends a public	17819
special education program under a contract, compact, or other	17820
bilateral agreement, or a parent whose child attends a community	17821
school, from applying for and accepting a scholarship under this	17822
section so that the parent may withdraw the child from that	17823
program or community school and use the scholarship for the child	17824
to attend a special education program for which the parent is	17825
required to pay for services for the child. A child attending a	17826
special education program with a scholarship under this section	17827
shall continue to be entitled to transportation to and from that	17828
program in the manner prescribed by law.	17829

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	17830
(B)(10) of section 3317.03 of the Revised Code, a child who is not	17831
a ~~handicapped~~ preschool child with a disability for whom a	17832
scholarship is awarded under this section shall be counted in the	17833
formula ADM and the category six special education ADM of the	17834
district in which the child is entitled to attend school and not	17835
in the formula ADM and the category six special education ADM of	17836
any other school district. As prescribed in divisions (B)(3)(h)	17837
and (B)(10) of section 3317.03 of the Revised Code, a child who is	17838
a ~~handicapped~~ preschool child with a disability for whom a	17839
scholarship is awarded under this section shall be counted in the	17840
preschool scholarship ADM and category six special education ADM	17841
of the school district in which the child is entitled to attend	17842
school and not in the preschool scholarship ADM or category six	17843
special education ADM of any other school district.	17844

(2) In each fiscal year, the department shall deduct from the	17845
amounts paid to each school district under Chapter 3317. of the	17846
Revised Code, and, if necessary, sections 321.24 and 323.156 of	17847
the Revised Code, the aggregate amount of scholarships awarded	17848
under this section for qualified special education children	17849
included in the formula ADM, or preschool scholarship ADM, and in	17850
the category six special education ADM of that school district as	17851
provided in division (C)(1) of this section. The scholarships	17852
deducted shall be considered as an approved special education and	17853
related services expense for the purpose of the school district's	17854
compliance with division (C)(5) of section 3317.022 of the Revised	17855
Code.	17856

(3) From time to time, the department shall make a payment to	17857
the parent of each qualified special education child for whom a	17858
scholarship has been awarded under this section. The scholarship	17859
amount shall be proportionately reduced in the case of any such	17860
child who is not enrolled in the special education program for	17861
which a scholarship was awarded under this section for the entire	17862
school year. The department shall make no payments to the parent	17863
of a child while any administrative or judicial mediation or	17864
proceedings with respect to the content of the child's	17865
individualized education program are pending.	17866

(D) A scholarship shall not be paid to a parent for payment	17867
of tuition owed to a nonpublic entity unless that entity is a	17868
registered private provider. The department shall approve	17869
entities that meet the standards established by rule of the state	17870
board for the program established under this section.	17871

(E) The state board shall adopt rules under Chapter 119. of	17872
the Revised Code prescribing procedures necessary to implement	17873
this section, including, but not limited to, procedures and	17874
deadlines for parents to apply for scholarships, standards for	17875
registered private providers, and procedures for approval of	17876
entities as registered private providers.	17877

Sec. 3310.51. As used in sections 3310.51 to 3310.63 of the	17878
Revised Code:	17879

(A) "Alternative public provider" means either of the	17880
following providers that agrees to enroll a child in the	17881
provider's special education program to implement the child's	17882
individualized education program and to which the eligible	17883
applicant owes fees for the services provided to the child:	17884

(1) A school district that is not the school district in	17885
which the child is entitled to attend school or the child's school	17886
district of residence, if different;	17887

(2) A public entity other than a school district.

17888

(B) "Applicable special education weight" means the multiple	17889
specified in section 3317.013 of the Revised Code for a disability	17890
described in that section.	17891

(C) "Category one through six special education ADM" means	17892
the respective categories prescribed in divisions (F)(1) to (6) of	17893
section 3317.02 of the Revised Code.	17894

(D) "Child with a disability" and "individualized education	17895
program" have the same meanings as in section 3323.01 of the	17896
Revised Code.	17897

(E) "Eligible applicant" means any of the following:

17898

(1) Either of the natural or adoptive parents of a qualified	17899
special education child, except as otherwise specified in this	17900
division. When the marriage of the natural or adoptive parents of	17901
the student has been terminated by a divorce, dissolution of	17902
marriage, or annulment, or when the natural or adoptive parents of	17903
the student are living separate and apart under a legal separation	17904
decree, and a court has issued an order allocating the parental	17905
rights and responsibilities with respect to the child, "eligible	17906
applicant" means the residential parent as designated by the	17907
court. If the court issues a shared parenting decree, "eligible	17908
applicant" means either parent. "Eligible applicant" does not mean	17909
a parent whose custodial rights have been terminated.	17910

(2) The custodian of a qualified special education child,	17911
when a court has granted temporary, legal, or permanent custody of	17912
the child to an individual other than either of the natural or	17913
adoptive parents of the child or to a government agency;	17914

(3) The guardian of a qualified special education child, when	17915
a court has appointed a guardian for the child;	17916

(4) The grandparent of a qualified special education child,	17917
when the grandparent is the child's attorney in fact under a power	17918
of attorney executed under sections 3109.51 to 3109.62 of the	17919
Revised Code or when the grandparent has executed a caregiver	17920
authorization affidavit under sections 3109.65 to 3109.73 of the	17921
Revised Code;	17922

(5) The surrogate parent appointed for a qualified special	17923
education child pursuant to division (B) of section 3323.05 and	17924
section 3323.051 of the Revised Code;	17925

(6) A qualified special education child, if the child does	17926
not have a custodian or guardian and the child is at least	17927
eighteen years of age.	17928

(F) "Entitled to attend school" means entitled to attend	17929
school in a school district under sections 3313.64 and 3313.65 of	17930
the Revised Code.	17931

(G) "Formula ADM" and "formula amount" have the same meanings	17932
as in section 3317.02 of the Revised Code.	17933

(H) "Qualified special education child" is a child for whom	17934
all of the following conditions apply:	17935

(1) The child is at least five years of age and less than	17936
twenty-two years of age;	17937

(2) The school district in which the child is entitled to	17938
attend school, or the child's school district of residence if	17939
different, has identified the child as a child with a disability;	17940

(3) The school district in which the child is entitled to	17941
attend school, or the child's school district of residence if	17942
different, has developed an individualized education program under	17943
Chapter 3323. of the Revised Code for the child;	17944

(4) The child either:

17945

(a) Was enrolled in the schools of the school district in	17946
which the child is entitled to attend school in any grade from	17947
kindergarten through twelve in the school year prior to the school	17948
year in which a scholarship is first sought for the child;	17949

(b) Is eligible to enter school in any grade kindergarten	17950
through twelve in the school district in which the child is	17951
entitled to attend school in the school year in which a	17952
scholarship is first sought for the child.	17953

(I) "Registered private provider" means a nonpublic school or	17954
other nonpublic entity that has been registered by the	17955
superintendent of public instruction under section 3310.58 of the	17956
Revised Code.	17957

(J) "Scholarship" means a scholarship awarded under the	17958
special education scholarship pilot program pursuant to sections	17959
3310.51 to 3310.63 of the Revised Code.	17960

(K) "School district of residence" has the same meaning as in	17961
section 3323.01 of the Revised Code. A community school	17962
established under Chapter 3314. of the Revised Code is not a	17963
"school district of residence" for purposes of sections 3310.51 to	17964
3310.63 of the Revised Code.	17965

(L) "School year" has the same meaning as in section 3313.62	17966
of the Revised Code.	17967

(M) "Special education program" means a school or facility	17968
that provides special education and related services to children	17969
with disabilities.	17970

Sec. 3310.52. (A) The special education scholarship pilot	17971
program is hereby established. Under the program, in fiscal years	17972
2009 through 2014, subject to division (B) of this section, the	17973
department of education annually shall pay a scholarship to an	17974
alternative public provider or a registered private provider on	17975
behalf of an eligible applicant for services provided for a	17976
qualified special education child. The scholarship shall be used	17977
only to pay all or part of the fees for the child to attend the	17978
special education program operated by the alternative public	17979
provider or registered private provider to implement the child's	17980
individualized education program in lieu of the child's attending	17981
the special education program operated by the school district in	17982
which the child is entitled to attend school.	17983

(B) The number of scholarships awarded under the pilot	17984
program in any fiscal year shall not exceed three per cent of the	17985
total number of students residing in the state identified as	17986
children with disabilities during the previous fiscal year.	17987

(C) No scholarship or renewal of a scholarship shall be	17988
awarded to an eligible applicant on behalf of a qualified special	17989
education child for the next school year, unless on or before the	17990
fifteenth day of April the eligible applicant completes the	17991
application for the scholarship or renewal, in the manner	17992
prescribed by the department, and notifies the school district in	17993
which the child is entitled to attend school that the eligible	17994
applicant has applied for the scholarship or renewal.	17995

Sec. 3310.53. (A) Except for development of the child's	17996
individualized education program, as specified in division (B) of	17997
this section, the school district in which a qualified special	17998
education child is entitled to attend school and the child's	17999
school district of residence, if different, are not obligated to	18000
provide the child with a free appropriate public education under	18001
Chapter 3323. of the Revised Code for as long as the child	18002
continues to attend the special education program operated by	18003
either an alternative public provider or a registered private	18004
provider for which a scholarship is awarded under the special	18005
education scholarship pilot program. If at any time, the eligible	18006
applicant for the child decides no longer to accept scholarship	18007
payments and enrolls the child in the special education program of	18008
the school district in which the child is entitled to attend	18009
school, that district shall provide the child with a free	18010
appropriate public education under Chapter 3323. of the Revised	18011
Code.	18012

(B) Each eligible applicant and each qualified special	18013
education child have a continuing right to the development of an	18014
individualized education program for the child that complies with	18015
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and	18016
administrative rules or guidelines adopted by the Ohio department	18017
of education or the United States department of education. The	18018
school district in which a qualified special education child is	18019
entitled to attend school, or the child's school district of	18020
residence if different, shall develop each individualized	18021
education program for the child in accordance with those	18022
provisions.	18023

(C) Each school district shall notify an eligible applicant	18024
of the applicant's and qualified special education child's rights	18025
under sections 3310.51 to 3310.63 of the Revised Code by providing	18026
to each eligible applicant the comparison document prescribed in	18027
section 3323.052 of the Revised Code. An eligible applicant's	18028
receipt of that document, as acknowledged in a format prescribed	18029
by the department of education, shall constitute notice that the	18030
eligible applicant has been informed of those rights. Upon receipt	18031
of that document, subsequent acceptance of a scholarship	18032
constitutes the eligible applicant's informed consent to the	18033
provisions of sections 3310.51 to 3310.63 of the Revised Code.	18034

Sec. 3310.54. As prescribed in divisions (A)(2)(h),	18035
(B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised	18036
Code, a qualified special education child in any of grades	18037
kindergarten through twelve for whom a scholarship is awarded	18038
under the special education scholarship pilot program shall be	18039
counted in the formula ADM and category one through six special	18040
education ADM, as appropriate, of the school district in which the	18041
child is entitled to attend school. A qualified special education	18042
child shall not be counted in the formula ADM or category one	18043
through six special education ADM of any other school district.	18044

Sec. 3310.55. The department of education shall deduct from	18045
a school district's state education aid, as defined in section	18046
3317.02 of the Revised Code, and, if necessary, from its payment	18047
under sections 321.24 and 323.156 of the Revised Code, the	18048
aggregate amount of scholarships paid under section 3310.57 of the	18049
Revised Code for qualified special education children included in	18050
the formula ADM and the category one through six special education	18051
ADM of that school district.	18052

Sec. 3310.56. The amount of the scholarship awarded and paid	18053
on behalf of an eligible applicant for services for a qualified	18054
special education child under the special education scholarship	18055
pilot program in each school year shall be the least of the	18056
following:	18057

(A) The amount of fees charged for that school year by the	18058
alternative public provider or registered private provider;	18059

(B) The sum of the amounts calculated under divisions (B)(1)	18060
and (2) of this section:	18061

(1) The sum of the formula amount plus the per pupil amount	18062
of the base funding supplements specified in divisions (C)(1) to	18063
(4) of section 3317.012 of the Revised Code;	18064

(2) The formula amount times the applicable special education	18065
weight for the child's disability;	18066

18067

Sec. 3310.57. The department of education shall make	18068
periodic payments to an alternative public provider or a	18069
registered private provider on behalf of an eligible applicant for	18070
services for each qualified special education child for whom a	18071
scholarship has been awarded. The total of all payments made on	18072
behalf of an applicant in each school year shall not exceed the	18073
amount calculated for the child under section 3310.56 of the	18074
Revised Code.	18075

The scholarship amount shall be proportionately reduced in	18076
the case of a child who is not enrolled in the special education	18077
program of an alternative public provider or a registered private	18078
provider for the entire school year.	18079

In accordance with division (A) of section 3310.62 of the	18080
Revised Code, the department shall make no payments on behalf of	18081
an applicant for a first-time scholarship for a qualified special	18082
education child while any administrative or judicial mediation or	18083
proceedings with respect to the content of the child's	18084
individualized education program are pending.	18085

Sec. 3310.58. No nonpublic school or entity shall receive	18086
payments for services for a qualified special education child	18087
under the special education scholarship pilot program until the	18088
school or entity registers with the superintendent of public	18089
instruction. The superintendent shall register and designate as a	18090
registered private provider any nonpublic school or entity that	18091
meets the following requirements:	18092

(A) The special education program operated by the school or	18093
entity meets the minimum education standards established by the	18094
state board of education.	18095

(B) The school or entity complies with the antidiscrimination	18096
provisions of 42 U.S.C. 2000d, regardless of whether the school or	18097
entity receives federal financial assistance.	18098

(C) If the school or entity is not chartered by the state	18099
board under section 3301.16 of the Revised Code, the school or	18100
entity agrees to comply with section 3319.39 of the Revised Code	18101
as if it were a school district.	18102

(D) The teaching and nonteaching professionals employed by	18103
the school or entity, or employed by any subcontractors of the	18104
school or entity, hold credentials determined by the state board	18105
to be appropriate for the qualified special education children	18106
enrolled in the special education program it operates.	18107

(E) The school or entity meets applicable health and safety	18108
standards established by law for school buildings.	18109

(F) The school or entity agrees to retain on file	18110
documentation as required by the department of education.	18111

(G) The school or entity demonstrates fiscal soundness to the	18112
satisfaction of the department.	18113

(H) The school or entity agrees to meet other requirements	18114
established by rule of the state board under section 3310.63 of	18115
the Revised Code.	18116

Sec. 3310.59. The superintendent of public instruction shall	18117
revoke the registration of any school or entity if, after a	18118
hearing, the superintendent determines that the school or entity	18119
is in violation of any provision of section 3310.58 of the Revised	18120
Code.	18121

Sec. 3310.60. A qualified special education child attending	18122
a special education program at an alternative public provider or a	18123
registered private provider with a scholarship shall be entitled	18124
to transportation to and from that program in the manner	18125
prescribed by law for any child with a disability attending a	18126
nonpublic special education program.	18127

Sec. 3310.61. An eligible applicant on behalf of a child who	18128
currently attends a public special education program under a	18129
contract, compact, or other bilateral agreement, or on behalf of a	18130
child who currently attends a community school, shall not be	18131
prohibited from applying for and accepting a scholarship so that	18132
the applicant may withdraw the child from that program or	18133
community school and use the scholarship for the child to attend a	18134
special education program operated by an alternative public	18135
provider or a registered private provider.	18136

Sec. 3310.62. (A) A scholarship under the special education	18137
scholarship pilot program shall not be awarded for the first time	18138
to an eligible applicant on behalf of a qualified special	18139
education child while the child's individualized education program	18140
is being developed by the school district in which the child is	18141
entitled to attend school, or by the child's school district of	18142
residence if different, or while any administrative or judicial	18143
mediation or proceedings with respect to the content of that	18144
individualized education program are pending.	18145

(B) Development of individualized education programs	18146
subsequent to the one developed for the child the first time a	18147
scholarship was awarded on behalf of the child and the	18148
prosecuting, by the eligible applicant on behalf of the child, of	18149
administrative or judicial mediation or proceedings with respect	18150
to any of those subsequent individualized education programs do	18151
not affect the applicant's and the child's continued eligibility	18152
for scholarship payments.	18153

(C) In the case of any child for whom a scholarship has been	18154
awarded, if the school district in which the child is entitled to	18155
attend school has agreed to provide some services for the child	18156
under an agreement entered into with the eligible applicant or	18157
with the alternative public provider or registered private	18158
provider implementing the child's individualized education	18159
program, or if the district is required by law to provide some	18160
services for the child, including transportation services under	18161
sections 3310.60 and 3327.01 of the Revised Code, the district	18162
shall not discontinue the services it is providing pending	18163
completion of any administrative proceedings regarding those	18164
services. The prosecuting, by the eligible applicant on behalf of	18165
the child, of administrative proceedings regarding the services	18166
provided by the district does not affect the applicant's and the	18167
child's continued eligibility for scholarship payments.	18168

(D) The department of education shall continue to make	18169
payments to the alternative public provider or registered private	18170
provider on behalf of the eligible applicant under section 3310.57	18171
of the Revised Code while either of the following are pending:	18172

(1) Administrative or judicial mediation or proceedings with	18173
respect to a subsequent individualized education program for the	18174
child referred to in division (B) of this section;	18175

(2) Administrative proceedings regarding services provided by	18176
the district under division (C) of this section.	18177

Sec. 3310.63. The state board of education shall adopt rules	18178
in accordance with Chapter 119. of the Revised Code prescribing	18179
procedures necessary to implement sections 3310.51 to 3310.62 of	18180
the Revised Code including, but not limited to, procedures for	18181
parents to apply for scholarships, standards for registered	18182
private providers, and procedures for registration of private	18183
providers.	18184

Sec. 3311.24. (A)(1) Except as provided in division (B) of	18185
this section, if the board of education of a city, exempted	18186
village, or local school district ~~deems it advisable~~shall file	18187
with the state board of education a proposal to transfer territory	18188
from such district to an adjoining city, exempted village, or	18189
local school district~~, or if a~~in any of the following	18190
circumstances:	18191

(a) The district board deems the transfer advisable;

18192

(b) A petition, signed by seventy-five per cent of the	18193
qualified electors residing within that portion of a city,	18194
exempted village, or local school district proposed to be	18195
transferred voting at the last general election, requests such a	18196
transfer~~, the~~;	18197

(c) If no qualified electors reside in that portion of the	18198
district proposed to be transferred, a petition, signed by	18199
seventy-five per cent of the owners of parcels of real property on	18200
the tax duplicate within that portion of the district, requests	18201
such a transfer.	18202

(2) The board of education of the district in which such	18203
proposal originates shall file such proposal, together with a map	18204
showing the boundaries of the territory proposed to be	18205
transferred, with the state board of education prior to the first	18206
day of April in any even-numbered year. The state board of	18207
education may, if it is advisable, provide for a hearing in any	18208
suitable place in any of the school districts affected by such	18209
proposed transfer of territory. The state board of education or	18210
its representatives shall preside at any such hearing.	18211

(3) A board of education of a city, exempted village, or	18212
local school district that receives a petition of transfer signed	18213
by electors of the district under ~~this~~ division (A)(1)(b) of this	18214
section shall cause the board of elections to check the	18215
sufficiency of signatures on the petition. A board of education of	18216
a city, exempted village, or local school district that receives a	18217
petition of transfer signed by owners of parcels of real property	18218
under division (A)(1)(c) of this section shall cause the county	18219
auditor to check the sufficiency of signatures on the petition.	18220

(4) Not later than the first day of September the state board	18221
of education shall either approve or disapprove a proposed	18222
transfer of territory filed with it as provided by this section	18223
and shall notify, in writing, the boards of education of the	18224
districts affected by such proposed transfer of territory of its	18225
decision.	18226

If the decision of the state board of education is an	18227
approval of the proposed transfer of territory then the board of	18228
education of the district in which the territory is located shall,	18229
within thirty days after receiving the state board of education's	18230
decision, adopt a resolution transferring the territory and shall	18231
forthwith submit a copy of such resolution to the treasurer of the	18232
board of education of the city, exempted village, or local school	18233
district to which the territory is transferred. Such transfer	18234
shall not be complete however, until:	18235

~~(1)~~(a) A resolution accepting the transfer has been passed by	18236
a majority vote of the full membership of the board of education	18237
of the city, exempted village, or local school district to which	18238
the territory is transferred;	18239

~~(2)~~(b) An equitable division of the funds and indebtedness	18240
between the districts involved has been made by the board of	18241
education making the transfer;	18242

~~(3)~~(c) A map showing the boundaries of the territory	18243
transferred has been filed, by the board of education accepting	18244
the transfer, with the county auditor of each county affected by	18245
the transfer.	18246

When such transfer is complete the legal title of the school	18247
property in the territory transferred shall be vested in the board	18248
of education or governing board of the school district to which	18249
the territory is transferred.	18250

(B) Whenever the transfer of territory pursuant to this	18251
section is initiated by a board of education, the board shall,	18252
before filing a proposal for transfer with the state board of	18253
education under this section, make a good faith effort to	18254
negotiate the terms of transfer with any other school district	18255
whose territory would be affected by the transfer. Before the	18256
state board may hold a hearing on the transfer, or approve or	18257
disapprove any such transfer, it must receive the following:	18258

(1) A resolution requesting approval of the transfer, passed	18259
by the school district submitting the proposal;	18260

(2) Evidence determined to be sufficient by the state board	18261
to show that good faith negotiations have taken place or that the	18262
district requesting the transfer has made a good faith effort to	18263
hold such negotiations;	18264

(3) If any negotiations took place, a statement signed by all	18265
boards that participated in the negotiations, listing the terms	18266
agreed on and the points on which no agreement could be reached.	18267

Negotiations held pursuant to this section shall be governed	18268
by the rules adopted by the state board under division (D) of	18269
section 3311.06 of the Revised Code. Districts involved in a	18270
transfer under division (B) of this section may agree to share	18271
revenues from the property included in the territory to be	18272
transferred, establish cooperative programs between the	18273
participating districts, and establish mechanisms for the	18274
settlement of any future boundary disputes.	18275

Sec. 3311.51. Nothing in this section or sections 3311.50	18276
and 5705.215 of the Revised Code shall be construed to permit or	18277
require the education of ~~handicapped~~ children with disabilities	18278
other than in the manner required by Chapter 3323. of the Revised	18279
Code. To the maximum extent appropriate, ~~handicapped~~ children with	18280
disabilities shall be educated with ~~nonhandicapped~~nondisabled	18281
children.	18282

The governing board that is taxing authority of a county	18283
school financing district that levies a tax pursuant to section	18284
5705.215 of the Revised Code may, by resolution adopted by	18285
majority vote of its members, expend the proceeds of such tax for	18286
the benefit of school districts with territory in the county	18287
school financing district in accordance with this section and the	18288
resolution to levy the tax.	18289

(A) In the case of a district created for special education,	18290
as described in division (B)(1) of section 3311.50 of the Revised	18291
Code, the proceeds may be expended either:	18292

(1) To pay for operating costs and permanent improvements	18293
necessary to implement and maintain special education programs and	18294
related services in accordance with a contract or agreement	18295
entered into under section 3313.92 or 3323.08 of the Revised Code;	18296

(2) To make grants or otherwise distribute funds to boards of	18297
education with territory in the county school financing district	18298
for special education programs and related services.	18299

(B) In the case of a district created for the provision of	18300
specified educational programs and services as described in	18301
division (B)(2) of section 3311.50 of the Revised Code, the	18302
proceeds may be expended either:	18303

(1) To pay for operating costs and permanent improvements	18304
necessary to implement and maintain specified educational programs	18305
in accordance with a contract or agreement entered into under	18306
section 3313.812, 3313.842, or division (A)(3) of section 3313.90	18307
of the Revised Code;	18308

(2) To make grants or otherwise distribute funds for those	18309
programs to boards of education with territory in the county	18310
school financing district.	18311

(C) In the case of a district created for the making of	18312
permanent improvements under division (B)(3) of section 3311.50 of	18313
the Revised Code, the proceeds shall be expended either:	18314

(1) To pay for the permanent improvements in accordance with	18315
a contract entered into under section 3313.92 of the Revised Code;	18316

(2) To make grants or otherwise distribute funds for those	18317
permanent improvements to boards of education with territory in	18318
the county school financing district.	18319

Sec. 3311.521. (A) The boards of education of any two or	18320
more contiguous city, exempted village, or local school districts	18321
may establish a cooperative education school district in	18322
accordance with this section for the purpose of operating a joint	18323
high school in lieu of each of such boards operating any high	18324
school. Such a cooperative education school district shall only be	18325
established pursuant to the adoption of identical resolutions in	18326
accordance with this section within a sixty-day period by a	18327
majority of the members of the board of education of all such	18328
boards. Upon the adoption of all such resolutions, a copy of each	18329
resolution shall be filed with the state board of education.	18330

The territory of any cooperative education school district	18331
established pursuant to this section shall consist of the	18332
territory of all of the school districts whose boards of education	18333
adopt identical resolutions under this section.	18334

(B) Any resolutions adopted under division (A) of this	18335
section shall include all of the following:	18336

(1) Provision for the date on which the cooperative district	18337
will be created, which date shall be the first day of July in the	18338
year specified in the resolution;	18339

(2) Provision for the composition, selection, and terms of	18340
office of the board of education of the cooperative district,	18341
which provision shall include but not necessarily be limited to	18342
both of the following:	18343

(a) A requirement that the board include at least two members	18344
selected from or by the members of the board of education of each	18345
city, local, and exempted village school district within the	18346
territory of the cooperative district;	18347

(b) Specification of the date by which the initial members of	18348
the board must be selected, which date shall be the same as the	18349
date specified pursuant to division (B)(1) of this section.	18350

(3) Provision for the selection of a superintendent and	18351
treasurer of the cooperative school district, which provision	18352
shall require one of the following:	18353

(a) The selection of one person as both the superintendent	18354
and treasurer of the cooperative district, which provision may	18355
require such person to be the superintendent or treasurer of any	18356
city, local, or exempted village school district within the	18357
territory of the cooperative district;	18358

(b) The selection of one person as the superintendent and	18359
another person as the treasurer of the cooperative district, which	18360
provision may require either one or both such persons to be	18361
superintendents or treasurers of any city, local, or exempted	18362
village school district within the territory of the cooperative	18363
district.	18364

(4) A statement of the high school education program the	18365
board of education of the cooperative education school district	18366
will conduct in lieu of any high school education program being	18367
operated by the boards of education of the city, local, and	18368
exempted village school districts within the territory of the	18369
cooperative district, which statement shall include but not	18370
necessarily be limited to the high school grade levels to be	18371
operated in the program, the timetable for commencing operation of	18372
the program, and the facilities proposed to be used or constructed	18373
to be used by the program;	18374

(5) A statement that the boards of education of the city,	18375
local, and exempted village school districts within the territory	18376
of the cooperative district will not operate any high school	18377
education program for the grade levels operated by the cooperative	18378
district;	18379

(6) A statement of how special education and related services	18380
will be provided in accordance with Chapter 3323. of the Revised	18381
Code to the ~~handicapped~~ children with disabilities who are	18382
identified by each city, exempted village, or local school	18383
district with territory in the cooperative district and who are in	18384
the grade levels to be operated by the cooperative district;	18385

(7) A statement of how transportation of students to and from	18386
school will be provided in the cooperative district, which	18387
statement shall include but not be necessarily limited to both of	18388
the following:	18389

(a) How special education students will be transported as	18390
required by their individualized education program adopted	18391
pursuant to section 3323.08 of the Revised Code;	18392

(b) Whether transportation to and from school will be	18393
provided to any other students of the cooperative district and, if	18394
so, the manner in which this transportation will be provided.	18395

(8) A statement of the annual amount, or the method for	18396
determining the annual amount, of funds or services or facilities	18397
that each city, local, and exempted village school district is	18398
required to pay to or provide for the use of the board of	18399
education of the cooperative education school district;	18400

(9) Provision for adopting amendments to the provisions	18401
adopted pursuant to divisions (B)(3) to (8) of this section, which	18402
provision shall require that any such amendments comply with	18403
divisions (B)(3) to (8) of this section.	18404

(C) Upon the adoption of identical resolutions in accordance	18405
with this section, the cooperative education school district and	18406
board of education of that district specified in and selected in	18407
accordance with such resolutions shall be established on the date	18408
specified in the resolutions. Upon the establishment of the	18409
district and board, the board of the cooperative district shall	18410
give written notice of the creation of the district to the county	18411
auditor and the board of elections of each county having any	18412
territory in the new district.	18413

Sec. 3313.532. (A) Any person twenty-two or more years of	18414
age and enrolled in an adult high school continuation program	18415
established pursuant to section 3313.531 of the Revised Code may	18416
request the board of education operating the program to conduct an	18417
evaluation in accordance with division (C) of this section.	18418

(B) Any applicant to a board of education for a diploma of	18419
adult education under division (B) of section 3313.611 of the	18420
Revised Code may request the board to conduct an evaluation in	18421
accordance with division (C) of this section.	18422

(C) Upon the request of any person pursuant to division (A)	18423
or (B) of this section, the board of education to which the	18424
request is made shall evaluate the person to determine whether the	18425
person is ~~handicapped~~disabled, in accordance with rules adopted	18426
by the state board of education. If the evaluation indicates that	18427
the person is ~~handicapped~~disabled, the board shall determine	18428
whether to excuse the person from taking any of the tests required	18429
by division (B) of section 3301.0710 of the Revised Code as a	18430
requirement for receiving a diploma under section 3313.611 of the	18431
Revised Code. The board may require the person to take an	18432
alternate assessment in place of any test from which the person is	18433
so excused.	18434

Sec. 3313.537. (A) As used in this section,	18435
"extracurricular activity" means a pupil activity program that a	18436
school or school district operates and is not included in the	18437
school district's graded course of study, including an	18438
interscholastic extracurricular activity that a school or school	18439
district sponsors or participates in and that has participants	18440
from more than one school or school district.	18441

(B)(1) A student in grades seven to twelve who is enrolled in	18442
a community school established under Chapter 3314. of the Revised	18443
Code that is sponsored by the city, local, or exempted village	18444
school district in which the student is entitled to attend school	18445
pursuant to section 3313.64 or 3313.65 of the Revised Code shall	18446
be afforded the opportunity to participate in any extracurricular	18447
activities offered at the traditional public school that is	18448
operated by the school district and to which the student otherwise	18449
would be assigned. If more than one such school operated by the	18450
school district serves the student's grade level, the student	18451
shall be afforded the opportunity to participate in any	18452
extracurricular activities offered at the school to which the	18453
student would be assigned by the district superintendent pursuant	18454
to section 3319.01 of the Revised Code.	18455

(2) A student who is enrolled in a science, technology,	18456
engineering, and mathematics school established under Chapter	18457
3326. of the Revised Code shall be afforded the opportunity to	18458
participate in any extracurricular activities offered at the	18459
traditional public school that is operated by the school district	18460
in which the student is entitled to attend school pursuant to	18461
section 3313.64 or 3313.65 of the Revised Code and to which the	18462
student otherwise would be assigned. If more than one such school	18463
operated by the school district serves the student's grade level,	18464
the student shall be afforded the opportunity to participate in	18465
any extracurricular activities offered at the school to which the	18466
student would be assigned by the district superintendent pursuant	18467
to section 3319.01 of the Revised Code.	18468

(C) In order to participate in any extracurricular activity	18469
under this section, the student shall fulfill the same academic,	18470
nonacademic, and financial requirements as any other participant,	18471
including the rules and policies adopted by the school district	18472
under section 3313.535 of the Revised Code. The school district	18473
board of education may require ~~the~~a community school student to	18474
enroll and participate in no more than one academic course at the	18475
school offering the extracurricular activity as a condition to	18476
participating in the activity. In that case, the board shall admit	18477
students seeking to enroll in an academic course to fulfill the	18478
requirement as space allows after first enrolling students	18479
assigned to that school.	18480

(D) No school or school district shall impose fees for a	18481
student to participate under this section that exceed any fees	18482
charged to other students participating in the same	18483
extracurricular activity.	18484

(E) No school district, interscholastic conference, or	18485
organization that regulates interscholastic conferences or events	18486
shall require a student who is eligible to participate in	18487
extracurricular activities under this section to meet eligibility	18488
requirements that conflict with this section.	18489

Sec. 3313.603. (A) As used in this section:

18490

(1) "One unit" means a minimum of one hundred twenty hours of	18491
course instruction, except that for a laboratory course, "one	18492
unit" means a minimum of one hundred fifty hours of course	18493
instruction.	18494

(2) "One-half unit" means a minimum of sixty hours of course	18495
instruction, except that for physical education courses, "one-half	18496
unit" means a minimum of one hundred twenty hours of course	18497
instruction.	18498

(B) Beginning September 15, 2001, except as required in	18499
division (C) of this section and division (C) of section 3313.614	18500
of the Revised Code, the requirements for graduation from every	18501
high school shall include twenty units earned in grades nine	18502
through twelve and shall be distributed as follows:	18503

(1) English language arts, four units;

18504

(2) Health, one-half unit;

18505

(3) Mathematics, three units;

18506

(4) Physical education, one-half unit;

18507

(5) Science, two units until September 15, 2003, and three	18508
units thereafter, which at all times shall include both of the	18509
following:	18510

(a) Biological sciences, one unit;

18511

(b) Physical sciences, one unit.

18512

(6) Social studies, three units, which shall include both of	18513
the following:	18514

(a) American history, one-half unit;

18515

(b) American government, one-half unit.

18516

(7) Elective units, seven units until September 15, 2003, and	18517
six units thereafter.	18518

Each student's electives shall include at least one unit, or	18519
two half units, chosen from among the areas of	18520
business/technology, fine arts, and/or foreign language.	18521

(C) Beginning with students who enter ninth grade for the	18522
first time on or after July 1, 2010, except as provided in	18523
divisions (D) to (F) of this section, the requirements for	18524
graduation from every public and chartered nonpublic high school	18525
shall include twenty units that are designed to prepare students	18526
for the workforce and college. The units shall be distributed as	18527
follows:	18528

(1) English language arts, four units;

18529

(2) Health, one-half unit;

18530

(3) Mathematics, four units, which shall include one unit of	18531
algebra II or the equivalent of algebra II;	18532

(4) Physical education, one-half unit;

18533

(5) Science, three units with inquiry-based laboratory	18534
experience that engages students in asking valid scientific	18535
questions and gathering and analyzing information, which shall	18536
include the following, or their equivalent:	18537

(a) Physical sciences, one unit;

18538

(b) ~~Biology~~Life sciences, one unit;

18539

(c) Advanced study in one or more of the following sciences,	18540
one unit:	18541

(i) Chemistry, physics, or other physical science;

18542

(ii) Advanced biology or other life science;

18543

(iii) Astronomy, physical geology, or other earth or space	18544
science.	18545

(6) Social studies, three units, which shall include both of	18546
the following:	18547

(a) American history, one-half unit;

18548

(b) American government, one-half unit.

18549

Each school shall integrate the study of economics and	18550
financial literacy, as expressed in the social studies academic	18551
content standards adopted by the state board of education under	18552
section 3301.079 of the Revised Code, into one or more existing	18553
social studies credits required under division (C)(6) of this	18554
section, or into the content of another class, so that every high	18555
school student receives instruction in those concepts. In	18556
developing the curriculum required by this paragraph, schools	18557
shall use available public-private partnerships and resources and	18558
materials that exist in business, industry, and through the	18559
centers for economics education at institutions of higher	18560
education in the state.	18561

(7) Five units consisting of one or any combination of	18562
foreign language, fine arts, business, career-technical education,	18563
family and consumer sciences, technology, agricultural education,	18564
or English language arts, mathematics, science, or social studies	18565
courses not otherwise required under division (C) of this section.	18566

Ohioans must be prepared to apply increased knowledge and	18567
skills in the workplace and to adapt their knowledge and skills	18568
quickly to meet the rapidly changing conditions of the	18569
twenty-first century. National studies indicate that all high	18570
school graduates need the same academic foundation, regardless of	18571
the opportunities they pursue after graduation. The goal of Ohio's	18572
system of elementary and secondary education is to prepare all	18573
students for and seamlessly connect all students to success in	18574
life beyond high school graduation, regardless of whether the next	18575
step is entering the workforce, beginning an apprenticeship,	18576
engaging in post-secondary training, serving in the military, or	18577
pursuing a college degree.	18578

The Ohio core curriculum is the standard expectation for all	18579
students entering ninth grade for the first time at a public or	18580
chartered nonpublic high school on or after July 1, 2010. A	18581
student may satisfy this expectation through a variety of methods,	18582
including, but not limited to, integrated, applied,	18583
career-technical, and traditional coursework.	18584

Whereas teacher quality is essential for student success in	18585
completing the Ohio core curriculum, the general assembly shall	18586
appropriate funds for strategic initiatives designed to strengthen	18587
schools' capacities to hire and retain highly qualified teachers	18588
in the subject areas required by the curriculum. Such initiatives	18589
are expected to require an investment of $120,000,000 over five	18590
years.	18591

Stronger coordination between high schools and institutions	18592
of higher education is necessary to prepare students for more	18593
challenging academic endeavors and to lessen the need for academic	18594
remediation in college, thereby reducing the costs of higher	18595
education for Ohio's students, families, and the state. The state	18596
board of education, the Ohio board of regents, and the partnership	18597
for continued learning shall develop policies to ensure that only	18598
in rare instances will students who complete the Ohio core	18599
curriculum require academic remediation after high school.	18600

School districts, community schools, and chartered nonpublic	18601
schools shall integrate technology into learning experiences	18602
whenever practicable across the curriculum in order to maximize	18603
efficiency, enhance learning, and prepare students for success in	18604
the technology-driven twenty-first century. Districts and schools	18605
may use distance and web-based course delivery as a method of	18606
providing or augmenting all instruction required under this	18607
division, including laboratory experience in science. Districts	18608
and schools shall whenever practicable utilize technology access	18609
and electronic learning opportunities provided by the eTech Ohio	18610
commission, the Ohio learning network, education technology	18611
centers, public television stations, and other public and private	18612
providers.	18613

(D) Except as provided in division (E) of this section, a	18614
student who enters ninth grade on or after July 1, 2010, and	18615
before July 1, 2014, may qualify for graduation from a public or	18616
chartered nonpublic high school even though the student has not	18617
completed the Ohio core curriculum prescribed in division (C) of	18618
this section if all of the following conditions are satisfied:	18619

(1) After the student has attended high school for two years,	18620
as determined by the school, the student and the student's parent,	18621
guardian, or custodian sign and file with the school a written	18622
statement asserting the parent's, guardian's, or custodian's	18623
consent to the student's graduating without completing the Ohio	18624
core curriculum and acknowledging that one consequence of not	18625
completing the Ohio core curriculum is ineligibility to enroll in	18626
most state universities in Ohio without further coursework.	18627

(2) The student and parent, guardian, or custodian fulfill	18628
any procedural requirements the school stipulates to ensure the	18629
student's and parent's, guardian's, or custodian's informed	18630
consent and to facilitate orderly filing of statements under	18631
division (D)(1) of this section.	18632

(3) The student and the student's parent, guardian, or	18633
custodian and a representative of the student's high school	18634
jointly develop an individual career plan for the student that	18635
specifies the student matriculating to a two-year degree program,	18636
acquiring a business and industry credential, or entering an	18637
apprenticeship.	18638

(4) The student's high school provides counseling and support	18639
for the student related to the plan developed under division	18640
(D)(3) of this section during the remainder of the student's high	18641
school experience.	18642

(5) The student successfully completes, at a minimum, the	18643
curriculum prescribed in division (B) of this section.	18644

The partnership for continued learning, in collaboration with	18645
the department of education and the Ohio board of regents, shall	18646
analyze student performance data to determine if there are	18647
mitigating factors that warrant extending the exception permitted	18648
by division (D) of this section to high school classes beyond	18649
those entering ninth grade before July 1, 2014. The partnership	18650
shall submit its findings and any recommendations not later than	18651
August 1, 2014, to the speaker and minority leader of the house of	18652
representatives, the president and minority leader of the senate,	18653
the chairpersons and ranking minority members of the standing	18654
committees of the house of representatives and the senate that	18655
consider education legislation, the state board of education, and	18656
the superintendent of public instruction.	18657

(E) Each school district and chartered nonpublic school	18658
retains the authority to require an even more rigorous minimum	18659
curriculum for high school graduation than specified in division	18660
(B) or (C) of this section. A school district board of education,	18661
through the adoption of a resolution, or the governing authority	18662
of a chartered nonpublic school may stipulate any of the	18663
following:	18664

(1) A minimum high school curriculum that requires more than	18665
twenty units of academic credit to graduate;	18666

(2) An exception to the district's or school's minimum high	18667
school curriculum that is comparable to the exception provided in	18668
division (D) of this section but with additional requirements,	18669
which may include a requirement that the student successfully	18670
complete more than the minimum curriculum prescribed in division	18671
(B) of this section;	18672

(3) That no exception comparable to that provided in division	18673
(D) of this section is available.	18674

(F) A student enrolled in a dropout prevention and recovery	18675
program, which program has received a waiver from the department	18676
of education, may qualify for graduation from high school by	18677
successfully completing a competency-based instructional program	18678
administered by the dropout prevention and recovery program in	18679
lieu of completing the Ohio core curriculum prescribed in division	18680
(C) of this section. The department shall grant a waiver to a	18681
dropout prevention and recovery program, within sixty days after	18682
the program applies for the waiver, if the program meets all of	18683
the following conditions:	18684

(1) The program serves only students not younger than sixteen	18685
years of age and not older than twenty-one years of age.	18686

(2) The program enrolls students who, at the time of their	18687
initial enrollment, either, or both, are at least one grade level	18688
behind their cohort age groups or experience crises that	18689
significantly interfere with their academic progress such that	18690
they are prevented from continuing their traditional programs.	18691

(3) The program requires students to attain at least the	18692
applicable score designated for each of the tests prescribed under	18693
division (B) of section 3301.0710 of the Revised Code.	18694

(4) The program develops an individual career plan for the	18695
student that specifies the student's matriculating to a two-year	18696
degree program, acquiring a business and industry credential, or	18697
entering an apprenticeship.	18698

(5) The program provides counseling and support for the	18699
student related to the plan developed under division (F)(4) of	18700
this section during the remainder of the student's high school	18701
experience.	18702

(6) The program requires the student and the student's	18703
parent, guardian, or custodian to sign and file, in accordance	18704
with procedural requirements stipulated by the program, a written	18705
statement asserting the parent's, guardian's, or custodian's	18706
consent to the student's graduating without completing the Ohio	18707
core curriculum and acknowledging that one consequence of not	18708
completing the Ohio core curriculum is ineligibility to enroll in	18709
most state universities in Ohio without further coursework.	18710

(7) Prior to receiving the waiver, the program has submitted	18711
to the department an instructional plan that demonstrates how the	18712
academic content standards adopted by the state board of education	18713
under section 3301.079 of the Revised Code will be taught and	18714
assessed.	18715

If the department does not act either to grant the waiver or	18716
to reject the program application for the waiver within sixty days	18717
as required under this section, the waiver shall be considered to	18718
be granted.	18719

(G) Every high school may permit students below the ninth	18720
grade to take advanced work for high school credit. A high school	18721
shall count such advanced work toward the graduation requirements	18722
of division (B) or (C) of this section if the advanced work was	18723
both:	18724

(1) Taught by a person who possesses a license or certificate	18725
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	18726
Code that is valid for teaching high school;	18727

(2) Designated by the board of education of the city, local,	18728
or exempted village school district, the board of the cooperative	18729
education school district, or the governing authority of the	18730
chartered nonpublic school as meeting the high school curriculum	18731
requirements.	18732

Each high school shall record on the student's high school	18733
transcript all high school credit awarded under division (G) of	18734
this section. In addition, if the student completed a seventh- or	18735
eighth-grade fine arts course described in division (K) of this	18736
section and the course qualified for high school credit under that	18737
division, the high school shall record that course on the	18738
student's high school transcript.	18739

(H) The department shall make its individual academic career	18740
plan available through its Ohio career information system web site	18741
for districts and schools to use as a tool for communicating with	18742
and providing guidance to students and families in selecting high	18743
school courses.	18744

(I) Units earned in English language arts, mathematics,	18745
science, and social studies that are delivered through integrated	18746
academic and career-technical instruction are eligible to meet the	18747
graduation requirements of division (B) or (C) of this section.	18748

(J) The state board of education, in consultation with the	18749
Ohio board of regents and the partnership for continued learning,	18750
shall adopt a statewide plan implementing methods for students to	18751
earn units of high school credit based on a demonstration of	18752
subject area competency, instead of or in combination with	18753
completing hours of classroom instruction. The state board shall	18754
adopt the plan not later than March 31, 2009, and commence phasing	18755
in the plan during the 2009-2010 school year. The plan shall	18756
include a standard method for recording demonstrated proficiency	18757
on high school transcripts. Each school district, community	18758
school, and chartered nonpublic school shall comply with the state	18759
board's plan adopted under this division and award units of high	18760
school credit in accordance with the plan. The state board may	18761
adopt existing methods for earning high school credit based on a	18762
demonstration of subject area competency as necessary prior to the	18763
2009-2010 school year.	18764

(K) This division does not apply to students who qualify for	18765
graduation from high school under division (D) or (F) of this	18766
section, or to students pursuing a career-technical instructional	18767
track as determined by the school district board of education or	18768
the chartered nonpublic school's governing authority.	18769
Nevertheless, the general assembly encourages such students to	18770
consider enrolling in a fine arts course as an elective.	18771

Beginning with students who enter ninth grade for the first	18772
time on or after July 1, 2010, each student enrolled in a public	18773
or chartered nonpublic high school shall complete two semesters or	18774
the equivalent of fine arts to graduate from high school. The	18775
coursework may be completed in any of grades seven to twelve. Each	18776
student who completes a fine arts course in grade seven or eight	18777
may elect to count that course toward the five units of electives	18778
required for graduation under division (C)(7) of this section, if	18779
the course satisfied the requirements of division (G) of this	18780
section. In that case, the high school shall award the student	18781
high school credit for the course and count the course toward the	18782
five units required under division (C)(7) of this section. If the	18783
course in grade seven or eight did not satisfy the requirements of	18784
division (G) of this section, the high school shall not award the	18785
student high school credit for the course but shall count the	18786
course toward the two semesters or the equivalent of fine arts	18787
required by this division.	18788

(L) Notwithstanding anything to the contrary in this section,	18789
the board of education of each school district and the governing	18790
authority of each chartered nonpublic school may adopt a policy to	18791
excuse from the high school physical education requirement each	18792
student who, during high school, has participated in	18793
interscholastic athletics, marching band, or cheerleading for at	18794
least two full seasons. If the board or authority adopts such a	18795
policy, the board or authority shall not require the student to	18796
complete any physical education course as a condition to graduate.	18797
However, the student shall be required to complete one-half unit,	18798
consisting of at least sixty hours of instruction, in another	18799
course of study.	18800

Sec. 3313.615. This section shall apply to diplomas awarded	18801
after September 15, 2006, to students who are required to take the	18802
five Ohio graduation tests prescribed by division (B) of section	18803
3301.0710 of the Revised Code.	18804

(A) As an alternative to the requirement that a person attain	18805
the scores designated under division (B) of section 3301.0710 of	18806
the Revised Code on all the tests required under that division in	18807
order to be eligible for a high school diploma or an honors	18808
diploma under sections 3313.61, 3313.612, or 3325.08 of the	18809
Revised Code or for a diploma of adult education under section	18810
3313.611 of the Revised Code, a person who has attained at least	18811
the applicable scores designated under division (B) of section	18812
3301.0710 of the Revised Code on all but one of the tests required	18813
by that division and from which the person was not excused or	18814
exempted, pursuant to division ~~(H) or~~ (L) of section 3313.61,	18815
division (B)(1) of section 3313.612, or section 3313.532 of the	18816
Revised Code, may be awarded a diploma or honors diploma if the	18817
person has satisfied all of the following conditions:	18818

(1) On the one test required under division (B) of section	18819
3301.0710 of the Revised Code for which the person failed to	18820
attain the designated score, the person missed that score by ten	18821
points or less;	18822

(2) Has a ninety-seven per cent school attendance rate in	18823
each of the last four school years, excluding any excused	18824
absences;	18825

(3) Has not been expelled from school under section 3313.66	18826
of the Revised Code in any of the last four school years;	18827

(4) Has a grade point average of at least 2.5 out of 4.0, or	18828
its equivalent as designated in rules adopted by the state board	18829
of education, in the subject area of the test required under	18830
division (B) of section 3301.0710 of the Revised Code for which	18831
the person failed to attain the designated score;	18832

(5) Has completed the high school curriculum requirements	18833
prescribed in section 3313.603 of the Revised Code or has	18834
qualified under division (D) or (F) of that section;	18835

(6) Has taken advantage of any intervention programs provided	18836
by the school district or school in the subject area described in	18837
division (A)(4) of this section and has a ninety-seven per cent	18838
attendance rate, excluding any excused absences, in any of those	18839
programs that are provided at times beyond the normal school day,	18840
school week, or school year or has received comparable	18841
intervention services from a source other than the school district	18842
or school;	18843

(7) Holds a letter recommending graduation from each of the	18844
person's high school teachers in the subject area described in	18845
division (A)(4) of this section and from the person's high school	18846
principal.	18847

(B) The state board of education shall establish rules	18848
designating grade point averages equivalent to the average	18849
specified in division (A)(4) of this section for use by school	18850
districts and schools with different grading systems.	18851

(C) Any student who is exempt from attaining the applicable	18852
score designated under division (B) of section 3301.0710 of the	18853
Revised Code on the Ohio graduation test in social studies	18854
pursuant to division (H) of section 3313.61 or division (B)(2) of	18855
section 3313.612 of the Revised Code shall not qualify for a high	18856
school diploma under this section, unless, notwithstanding the	18857
exemption, the student attains the applicable score on that test.	18858
If the student attains the applicable score on that test, the	18859
student may qualify for a diploma under this section in the same	18860
manner as any other student who is required to take the five Ohio	18861
graduation tests prescribed by division (B) of section 3301.0710	18862
of the Revised Code.	18863

Sec. 3313.64. (A) As used in this section and in section	18864
3313.65 of the Revised Code:	18865

(1)(a) Except as provided in division (A)(1)(b) of this	18866
section, "parent" means either parent, unless the parents are	18867
separated or divorced or their marriage has been dissolved or	18868
annulled, in which case "parent" means the parent who is the	18869
residential parent and legal custodian of the child. When a child	18870
is in the legal custody of a government agency or a person other	18871
than the child's natural or adoptive parent, "parent" means the	18872
parent with residual parental rights, privileges, and	18873
responsibilities. When a child is in the permanent custody of a	18874
government agency or a person other than the child's natural or	18875
adoptive parent, "parent" means the parent who was divested of	18876
parental rights and responsibilities for the care of the child and	18877
the right to have the child live with the parent and be the legal	18878
custodian of the child and all residual parental rights,	18879
privileges, and responsibilities.	18880

(b) When a child is the subject of a power of attorney	18881
executed under sections 3109.51 to 3109.62 of the Revised Code,	18882
"parent" means the grandparent designated as attorney in fact	18883
under the power of attorney. When a child is the subject of a	18884
caretaker authorization affidavit executed under sections 3109.64	18885
to 3109.73 of the Revised Code, "parent" means the grandparent	18886
that executed the affidavit.	18887

(2) "Legal custody," "permanent custody," and "residual	18888
parental rights, privileges, and responsibilities" have the same	18889
meanings as in section 2151.011 of the Revised Code.	18890

(3) "School district" or "district" means a city, local, or	18891
exempted village school district and excludes any school operated	18892
in an institution maintained by the department of youth services.	18893

(4) Except as used in division (C)(2) of this section, "home"	18894
means a home, institution, foster home, group home, or other	18895
residential facility in this state that receives and cares for	18896
children, to which any of the following applies:	18897

(a) The home is licensed, certified, or approved for such	18898
purpose by the state or is maintained by the department of youth	18899
services.	18900

(b) The home is operated by a person who is licensed,	18901
certified, or approved by the state to operate the home for such	18902
purpose.	18903

(c) The home accepted the child through a placement by a	18904
person licensed, certified, or approved to place a child in such a	18905
home by the state.	18906

(d) The home is a children's home created under section	18907
5153.21 or 5153.36 of the Revised Code.	18908

(5) "Agency" means all of the following:

18909

(a) A public children services agency;

18910

(b) An organization that holds a certificate issued by the	18911
Ohio department of job and family services in accordance with the	18912
requirements of section 5103.03 of the Revised Code and assumes	18913
temporary or permanent custody of children through commitment,	18914
agreement, or surrender, and places children in family homes for	18915
the purpose of adoption;	18916

(c) Comparable agencies of other states or countries that	18917
have complied with applicable requirements of section 2151.39, or	18918
sections 5103.20 to 5103.22 of the Revised Code.	18919

(6) A child is placed for adoption if either of the following	18920
occurs:	18921

(a) An agency to which the child has been permanently	18922
committed or surrendered enters into an agreement with a person	18923
pursuant to section 5103.16 of the Revised Code for the care and	18924
adoption of the child.	18925

(b) The child's natural parent places the child pursuant to	18926
section 5103.16 of the Revised Code with a person who will care	18927
for and adopt the child.	18928

(7) "~~Handicapped preschool~~Preschool child with a disability"	18929
~~means a handicapped child, as defined by division (A) of~~has the	18930
same meaning as in section 3323.01 of the Revised Code~~, who is at~~	18931
~~least three years of age but is not of compulsory school age, as~~	18932
~~defined in section 3321.01 of the Revised Code, and who is not~~	18933
~~currently enrolled in kindergarten~~.	18934

(8) "Child," unless otherwise indicated, includes ~~handicapped~~	18935
preschool children with disabilities.	18936

(9) "Active duty" means active duty pursuant to an executive	18937
order of the president of the United States, an act of the	18938
congress of the United States, or section 5919.29 or 5923.21 of	18939
the Revised Code.	18940

(B) Except as otherwise provided in section 3321.01 of the	18941
Revised Code for admittance to kindergarten and first grade, a	18942
child who is at least five but under twenty-two years of age and	18943
any ~~handicapped~~ preschool child with a disability shall be	18944
admitted to school as provided in this division.	18945

(1) A child shall be admitted to the schools of the school	18946
district in which the child's parent resides.	18947

(2) A child who does not reside in the district where the	18948
child's parent resides shall be admitted to the schools of the	18949
district in which the child resides if any of the following	18950
applies:	18951

(a) The child is in the legal or permanent custody of a	18952
government agency or a person other than the child's natural or	18953
adoptive parent.	18954

(b) The child resides in a home.

18955

18956

(3) A child who is not entitled under division (B)(2) of this	18957
section to be admitted to the schools of the district where the	18958
child resides and who is residing with a resident of this state	18959
with whom the child has been placed for adoption shall be admitted	18960
to the schools of the district where the child resides unless	18961
either of the following applies:	18962

(a) The placement for adoption has been terminated.

18963

(b) Another school district is required to admit the child	18964
under division (B)(1) of this section.	18965

Division (B) of this section does not prohibit the board of	18966
education of a school district from placing a ~~handicapped~~ child	18967
with a disability who resides in the district in a special	18968
education program outside of the district or its schools in	18969
compliance with Chapter 3323. of the Revised Code.	18970

(C) A district shall not charge tuition for children admitted	18971
under division (B)(1) or (3) of this section. If the district	18972
admits a child under division (B)(2) of this section, tuition	18973
shall be paid to the district that admits the child as follows:	18974

(1) If the child receives special education in accordance	18975
with Chapter 3323. of the Revised Code, the school district of	18976
residence, as defined in section 3323.01 of the Revised Code,	18977
shall pay tuition for the child in accordance with section	18978
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	18979
regardless of who has custody of the child or whether the child	18980
resides in a home.	18981

(2) For a child that does not receive special education in	18982
accordance with Chapter 3323. of the Revised Code, except as	18983
otherwise provided in division (C)(2)(d) of this section, if the	18984
child is in the permanent or legal custody of a government agency	18985
or person other than the child's parent, tuition shall be paid by:	18986

(a) The district in which the child's parent resided at the	18987
time the court removed the child from home or at the time the	18988
court vested legal or permanent custody of the child in the person	18989
or government agency, whichever occurred first;	18990

(b) If the parent's residence at the time the court removed	18991
the child from home or placed the child in the legal or permanent	18992
custody of the person or government agency is unknown, tuition	18993
shall be paid by the district in which the child resided at the	18994
time the child was removed from home or placed in legal or	18995
permanent custody, whichever occurred first;	18996

(c) If a school district cannot be established under division	18997
(C)(2)(a) or (b) of this section, tuition shall be paid by the	18998
district determined as required by section 2151.362 of the Revised	18999
Code by the court at the time it vests custody of the child in the	19000
person or government agency;	19001

(d) If at the time the court removed the child from home or	19002
vested legal or permanent custody of the child in the person or	19003
government agency, whichever occurred first, one parent was in a	19004
residential or correctional facility or a juvenile residential	19005
placement and the other parent, if living and not in such a	19006
facility or placement, was not known to reside in this state,	19007
tuition shall be paid by the district determined under division	19008
(D) of section 3313.65 of the Revised Code as the district	19009
required to pay any tuition while the parent was in such facility	19010
or placement;	19011

(e) If the ~~court has modified its order as to which district~~	19012
department of education has determined, pursuant to division	19013
(A)(2) of section 2151.362 of the Revised Code, that a school	19014
district other than the one named in the court's initial order, or	19015
in a prior determination of the department, is responsible to bear	19016
the cost of educating the child ~~pursuant to division (A)(2) of~~	19017
~~section 2151.362 of the Revised Code~~, the district so determined	19018
toshall be responsible for that cost ~~in the order so modified~~.	19019

(3) If the child is not in the permanent or legal custody of	19020
a government agency or person other than the child's parent and	19021
the child resides in a home, tuition shall be paid by one of the	19022
following:	19023

(a) The school district in which the child's parent resides;

19024

(b) If the child's parent is not a resident of this state,	19025
the home in which the child resides.	19026

(D) Tuition required to be paid under divisions (C)(2) and	19027
(3)(a) of this section shall be computed in accordance with	19028
section 3317.08 of the Revised Code. Tuition required to be paid	19029
under division (C)(3)(b) of this section shall be computed in	19030
accordance with section 3317.081 of the Revised Code. If a home	19031
fails to pay the tuition required by division (C)(3)(b) of this	19032
section, the board of education providing the education may	19033
recover in a civil action the tuition and the expenses incurred in	19034
prosecuting the action, including court costs and reasonable	19035
attorney's fees. If the prosecuting attorney or city director of	19036
law represents the board in such action, costs and reasonable	19037
attorney's fees awarded by the court, based upon the prosecuting	19038
attorney's, director's, or one of their designee's time spent	19039
preparing and presenting the case, shall be deposited in the	19040
county or city general fund.	19041

(E) A board of education may enroll a child free of any	19042
tuition obligation for a period not to exceed sixty days, on the	19043
sworn statement of an adult resident of the district that the	19044
resident has initiated legal proceedings for custody of the child.	19045

(F) In the case of any individual entitled to attend school	19046
under this division, no tuition shall be charged by the school	19047
district of attendance and no other school district shall be	19048
required to pay tuition for the individual's attendance.	19049
Notwithstanding division (B), (C), or (E) of this section:	19050

(1) All persons at least eighteen but under twenty-two years	19051
of age who live apart from their parents, support themselves by	19052
their own labor, and have not successfully completed the high	19053
school curriculum or the individualized education program	19054
developed for the person by the high school pursuant to section	19055
3323.08 of the Revised Code, are entitled to attend school in the	19056
district in which they reside.	19057

(2) Any child under eighteen years of age who is married is	19058
entitled to attend school in the child's district of residence.	19059

(3) A child is entitled to attend school in the district in	19060
which either of the child's parents is employed if the child has a	19061
medical condition that may require emergency medical attention.	19062
The parent of a child entitled to attend school under division	19063
(F)(3) of this section shall submit to the board of education of	19064
the district in which the parent is employed a statement from the	19065
child's physician certifying that the child's medical condition	19066
may require emergency medical attention. The statement shall be	19067
supported by such other evidence as the board may require.	19068

(4) Any child residing with a person other than the child's	19069
parent is entitled, for a period not to exceed twelve months, to	19070
attend school in the district in which that person resides if the	19071
child's parent files an affidavit with the superintendent of the	19072
district in which the person with whom the child is living resides	19073
stating all of the following:	19074

(a) That the parent is serving outside of the state in the	19075
armed services of the United States;	19076

(b) That the parent intends to reside in the district upon	19077
returning to this state;	19078

(c) The name and address of the person with whom the child is	19079
living while the parent is outside the state.	19080

(5) Any child under the age of twenty-two years who, after	19081
the death of a parent, resides in a school district other than the	19082
district in which the child attended school at the time of the	19083
parent's death is entitled to continue to attend school in the	19084
district in which the child attended school at the time of the	19085
parent's death for the remainder of the school year, subject to	19086
approval of that district board.	19087

(6) A child under the age of twenty-two years who resides	19088
with a parent who is having a new house built in a school district	19089
outside the district where the parent is residing is entitled to	19090
attend school for a period of time in the district where the new	19091
house is being built. In order to be entitled to such attendance,	19092
the parent shall provide the district superintendent with the	19093
following:	19094

(a) A sworn statement explaining the situation, revealing the	19095
location of the house being built, and stating the parent's	19096
intention to reside there upon its completion;	19097

(b) A statement from the builder confirming that a new house	19098
is being built for the parent and that the house is at the	19099
location indicated in the parent's statement.	19100

(7) A child under the age of twenty-two years residing with a	19101
parent who has a contract to purchase a house in a school district	19102
outside the district where the parent is residing and who is	19103
waiting upon the date of closing of the mortgage loan for the	19104
purchase of such house is entitled to attend school for a period	19105
of time in the district where the house is being purchased. In	19106
order to be entitled to such attendance, the parent shall provide	19107
the district superintendent with the following:	19108

(a) A sworn statement explaining the situation, revealing the	19109
location of the house being purchased, and stating the parent's	19110
intent to reside there;	19111

(b) A statement from a real estate broker or bank officer	19112
confirming that the parent has a contract to purchase the house,	19113
that the parent is waiting upon the date of closing of the	19114
mortgage loan, and that the house is at the location indicated in	19115
the parent's statement.	19116

The district superintendent shall establish a period of time	19117
not to exceed ninety days during which the child entitled to	19118
attend school under division (F)(6) or (7) of this section may	19119
attend without tuition obligation. A student attending a school	19120
under division (F)(6) or (7) of this section shall be eligible to	19121
participate in interscholastic athletics under the auspices of	19122
that school, provided the board of education of the school	19123
district where the student's parent resides, by a formal action,	19124
releases the student to participate in interscholastic athletics	19125
at the school where the student is attending, and provided the	19126
student receives any authorization required by a public agency or	19127
private organization of which the school district is a member	19128
exercising authority over interscholastic sports.	19129

(8) A child whose parent is a full-time employee of a city,	19130
local, or exempted village school district, or of an educational	19131
service center, may be admitted to the schools of the district	19132
where the child's parent is employed, or in the case of a child	19133
whose parent is employed by an educational service center, in the	19134
district that serves the location where the parent's job is	19135
primarily located, provided the district board of education	19136
establishes such an admission policy by resolution adopted by a	19137
majority of its members. Any such policy shall take effect on the	19138
first day of the school year and the effective date of any	19139
amendment or repeal may not be prior to the first day of the	19140
subsequent school year. The policy shall be uniformly applied to	19141
all such children and shall provide for the admission of any such	19142
child upon request of the parent. No child may be admitted under	19143
this policy after the first day of classes of any school year.	19144

(9) A child who is with the child's parent under the care of	19145
a shelter for victims of domestic violence, as defined in section	19146
3113.33 of the Revised Code, is entitled to attend school free in	19147
the district in which the child is with the child's parent, and no	19148
other school district shall be required to pay tuition for the	19149
child's attendance in that school district.	19150

The enrollment of a child in a school district under this	19151
division shall not be denied due to a delay in the school	19152
district's receipt of any records required under section 3313.672	19153
of the Revised Code or any other records required for enrollment.	19154
Any days of attendance and any credits earned by a child while	19155
enrolled in a school district under this division shall be	19156
transferred to and accepted by any school district in which the	19157
child subsequently enrolls. The state board of education shall	19158
adopt rules to ensure compliance with this division.	19159

(10) Any child under the age of twenty-two years whose parent	19160
has moved out of the school district after the commencement of	19161
classes in the child's senior year of high school is entitled,	19162
subject to the approval of that district board, to attend school	19163
in the district in which the child attended school at the time of	19164
the parental move for the remainder of the school year and for one	19165
additional semester or equivalent term. A district board may also	19166
adopt a policy specifying extenuating circumstances under which a	19167
student may continue to attend school under division (F)(10) of	19168
this section for an additional period of time in order to	19169
successfully complete the high school curriculum for the	19170
individualized education program developed for the student by the	19171
high school pursuant to section 3323.08 of the Revised Code.	19172

(11) As used in this division, "grandparent" means a parent	19173
of a parent of a child. A child under the age of twenty-two years	19174
who is in the custody of the child's parent, resides with a	19175
grandparent, and does not require special education is entitled to	19176
attend the schools of the district in which the child's	19177
grandparent resides, provided that, prior to such attendance in	19178
any school year, the board of education of the school district in	19179
which the child's grandparent resides and the board of education	19180
of the school district in which the child's parent resides enter	19181
into a written agreement specifying that good cause exists for	19182
such attendance, describing the nature of this good cause, and	19183
consenting to such attendance.	19184

In lieu of a consent form signed by a parent, a board of	19185
education may request the grandparent of a child attending school	19186
in the district in which the grandparent resides pursuant to	19187
division (F)(11) of this section to complete any consent form	19188
required by the district, including any authorization required by	19189
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	19190
Code. Upon request, the grandparent shall complete any consent	19191
form required by the district. A school district shall not incur	19192
any liability solely because of its receipt of a consent form from	19193
a grandparent in lieu of a parent.	19194

Division (F)(11) of this section does not create, and shall	19195
not be construed as creating, a new cause of action or substantive	19196
legal right against a school district, a member of a board of	19197
education, or an employee of a school district. This section does	19198
not affect, and shall not be construed as affecting, any	19199
immunities from defenses to tort liability created or recognized	19200
by Chapter 2744. of the Revised Code for a school district,	19201
member, or employee.	19202

(12) A child under the age of twenty-two years is entitled to	19203
attend school in a school district other than the district in	19204
which the child is entitled to attend school under division (B),	19205
(C), or (E) of this section provided that, prior to such	19206
attendance in any school year, both of the following occur:	19207

(a) The superintendent of the district in which the child is	19208
entitled to attend school under division (B), (C), or (E) of this	19209
section contacts the superintendent of another district for	19210
purposes of this division;	19211

(b) The superintendents of both districts enter into a	19212
written agreement that consents to the attendance and specifies	19213
that the purpose of such attendance is to protect the student's	19214
physical or mental well-being or to deal with other extenuating	19215
circumstances deemed appropriate by the superintendents.	19216

While an agreement is in effect under this division for a	19217
student who is not receiving special education under Chapter 3323.	19218
of the Revised Code and notwithstanding Chapter 3327. of the	19219
Revised Code, the board of education of neither school district	19220
involved in the agreement is required to provide transportation	19221
for the student to and from the school where the student attends.	19222

A student attending a school of a district pursuant to this	19223
division shall be allowed to participate in all student	19224
activities, including interscholastic athletics, at the school	19225
where the student is attending on the same basis as any student	19226
who has always attended the schools of that district while of	19227
compulsory school age.	19228

(13) All school districts shall comply with the	19229
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	19230
seq., for the education of homeless children. Each city, local,	19231
and exempted village school district shall comply with the	19232
requirements of that act governing the provision of a free,	19233
appropriate public education, including public preschool, to each	19234
homeless child.	19235

When a child loses permanent housing and becomes a homeless	19236
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	19237
such a homeless person changes temporary living arrangements, the	19238
child's parent or guardian shall have the option of enrolling the	19239
child in either of the following:	19240

(a) The child's school of origin, as defined in 42 U.S.C.A.	19241
11432(g)(3)(C);	19242

(b) The school that is operated by the school district in	19243
which the shelter where the child currently resides is located and	19244
that serves the geographic area in which the shelter is located.	19245

(14) A child under the age of twenty-two years who resides	19246
with a person other than the child's parent is entitled to attend	19247
school in the school district in which that person resides if both	19248
of the following apply:	19249

(a) That person has been appointed, through a military power	19250
of attorney executed under section 574(a) of the "National Defense	19251
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	19252
U.S.C. 1044b, or through a comparable document necessary to	19253
complete a family care plan, as the parent's agent for the care,	19254
custody, and control of the child while the parent is on active	19255
duty as a member of the national guard or a reserve unit of the	19256
armed forces of the United States or because the parent is a	19257
member of the armed forces of the United States and is on a duty	19258
assignment away from the parent's residence.	19259

(b) The military power of attorney or comparable document	19260
includes at least the authority to enroll the child in school.	19261

The entitlement to attend school in the district in which the	19262
parent's agent under the military power of attorney or comparable	19263
document resides applies until the end of the school year in which	19264
the military power of attorney or comparable document expires.	19265

(G) A board of education, after approving admission, may	19266
waive tuition for students who will temporarily reside in the	19267
district and who are either of the following:	19268

(1) Residents or domiciliaries of a foreign nation who	19269
request admission as foreign exchange students;	19270

(2) Residents or domiciliaries of the United States but not	19271
of Ohio who request admission as participants in an exchange	19272
program operated by a student exchange organization.	19273

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	19274
3327.04, and 3327.06 of the Revised Code, a child may attend	19275
school or participate in a special education program in a school	19276
district other than in the district where the child is entitled to	19277
attend school under division (B) of this section.	19278

(I)(1) Notwithstanding anything to the contrary in this	19279
section or section 3313.65 of the Revised Code, a child under	19280
twenty-two years of age may attend school in the school district	19281
in which the child, at the end of the first full week of October	19282
of the school year, was entitled to attend school as otherwise	19283
provided under this section or section 3313.65 of the Revised	19284
Code, if at that time the child was enrolled in the schools of the	19285
district but since that time the child or the child's parent has	19286
relocated to a new address located outside of that school district	19287
and within the same county as the child's or parent's address	19288
immediately prior to the relocation. The child may continue to	19289
attend school in the district, and at the school to which the	19290
child was assigned at the end of the first full week of October of	19291
the current school year, for the balance of the school year.	19292
Division (I)(1) of this section applies only if both of the	19293
following conditions are satisfied:	19294

(a) The board of education of the school district in which	19295
the child was entitled to attend school at the end of the first	19296
full week in October and of the district to which the child or	19297
child's parent has relocated each has adopted a policy to enroll	19298
children described in division (I)(1) of this section.	19299

(b) The child's parent provides written notification of the	19300
relocation outside of the school district to the superintendent of	19301
each of the two school districts.	19302

(2) At the beginning of the school year following the school	19303
year in which the child or the child's parent relocated outside of	19304
the school district as described in division (I)(1) of this	19305
section, the child is not entitled to attend school in the school	19306
district under that division.	19307

(3) Any person or entity owing tuition to the school district	19308
on behalf of the child at the end of the first full week in	19309
October, as provided in division (C) of this section, shall	19310
continue to owe such tuition to the district for the child's	19311
attendance under division (I)(1) of this section for the lesser of	19312
the balance of the school year or the balance of the time that the	19313
child attends school in the district under division (I)(1) of this	19314
section.	19315

(4) A pupil who may attend school in the district under	19316
division (I)(1) of this section shall be entitled to	19317
transportation services pursuant to an agreement between the	19318
district and the district in which the child or child's parent has	19319
relocated unless the districts have not entered into such	19320
agreement, in which case the child shall be entitled to	19321
transportation services in the same manner as a pupil attending	19322
school in the district under interdistrict open enrollment as	19323
described in division (H) of section 3313.981 of the Revised Code,	19324
regardless of whether the district has adopted an open enrollment	19325
policy as described in division (B)(1)(b) or (c) of section	19326
3313.98 of the Revised Code.	19327

(J) This division does not apply to a child receiving special	19328
education.	19329

A school district required to pay tuition pursuant to	19330
division (C)(2) or (3) of this section or section 3313.65 of the	19331
Revised Code shall have an amount deducted under division (F) of	19332
section 3317.023 of the Revised Code equal to its own tuition rate	19333
for the same period of attendance. A school district entitled to	19334
receive tuition pursuant to division (C)(2) or (3) of this section	19335
or section 3313.65 of the Revised Code shall have an amount	19336
credited under division (F) of section 3317.023 of the Revised	19337
Code equal to its own tuition rate for the same period of	19338
attendance. If the tuition rate credited to the district of	19339
attendance exceeds the rate deducted from the district required to	19340
pay tuition, the department of education shall pay the district of	19341
attendance the difference from amounts deducted from all	19342
districts' payments under division (F) of section 3317.023 of the	19343
Revised Code but not credited to other school districts under such	19344
division and from appropriations made for such purpose. The	19345
treasurer of each school district shall, by the fifteenth day of	19346
January and July, furnish the superintendent of public instruction	19347
a report of the names of each child who attended the district's	19348
schools under divisions (C)(2) and (3) of this section or section	19349
3313.65 of the Revised Code during the preceding six calendar	19350
months, the duration of the attendance of those children, the	19351
school district responsible for tuition on behalf of the child,	19352
and any other information that the superintendent requires.	19353

Upon receipt of the report the superintendent, pursuant to	19354
division (F) of section 3317.023 of the Revised Code, shall deduct	19355
each district's tuition obligations under divisions (C)(2) and (3)	19356
of this section or section 3313.65 of the Revised Code and pay to	19357
the district of attendance that amount plus any amount required to	19358
be paid by the state.	19359

(K) In the event of a disagreement, the superintendent of	19360
public instruction shall determine the school district in which	19361
the parent resides.	19362

(L) Nothing in this section requires or authorizes, or shall	19363
be construed to require or authorize, the admission to a public	19364
school in this state of a pupil who has been permanently excluded	19365
from public school attendance by the superintendent of public	19366
instruction pursuant to sections 3301.121 and 3313.662 of the	19367
Revised Code.	19368

(M) In accordance with division (B)(1) of this section, a	19369
child whose parent is a member of the national guard or a reserve	19370
unit of the armed forces of the United States and is called to	19371
active duty, or a child whose parent is a member of the armed	19372
forces of the United States and is ordered to a temporary duty	19373
assignment outside of the district, may continue to attend school	19374
in the district in which the child's parent lived before being	19375
called to active duty or ordered to a temporary duty assignment	19376
outside of the district, as long as the child's parent continues	19377
to be a resident of that district, and regardless of where the	19378
child lives as a result of the parent's active duty status or	19379
temporary duty assignment. However, the district is not	19380
responsible for providing transportation for the child if the	19381
child lives outside of the district as a result of the parent's	19382
active duty status or temporary duty assignment.	19383

Sec. 3313.646. (A) The board of education of a school	19384
district, except a cooperative education district established	19385
pursuant to section 3311.521 of the Revised Code, may establish	19386
and operate a preschool program ~~except that no such program shall~~	19387
~~be established after March 17, 1989, unless both of the following~~	19388
~~apply at the time the program is established:~~	19389

~~(1) The~~, provided the board has demonstrated a need for the	19390
program.	19391

~~(2) Unless it is a cooperative education district established~~	19392
~~pursuant to divisions (A) to (C) of section 3311.52 of the Revised~~	19393
~~Code, the school district is eligible for moneys distributed by~~	19394
~~the department of education pursuant to section 3317.029 of the~~	19395
~~Revised Code~~. A board may use school funds in support of preschool	19396
programs. The board shall maintain, operate, and admit children to	19397
any such program pursuant to rules adopted by such board and the	19398
rules of the state board of education adopted under sections	19399
3301.52 to 3301.57 of the Revised Code.	19400

A board of education may establish fees or tuition, which may	19401
be graduated in proportion to family income, for participation in	19402
a preschool program. In cases where payment of fees or tuition	19403
would create a hardship for the child's parent or guardian, the	19404
board may waive any such fees or tuition.	19405

(B) No board of education that is not receiving funds under	19406
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	19407
March 17, 1989, shall compete for funds under the "Head Start Act"	19408
with any grantee receiving funds under that act.	19409

(C) A board of education may contract with any of the	19410
following preschool providers to provide preschool programs, other	19411
than programs for units described by divisions (B) and (C) of	19412
section 3317.05 of the Revised Code, for children of the school	19413
district:	19414

(1) Any organization receiving funds under the "Head Start	19415
Act";	19416

(2) Any nonsectarian eligible nonpublic school as defined in	19417
division (H) of section 3301.52 of the Revised Code;	19418

(3) Any child care provider licensed under Chapter 5104. of	19419
the Revised Code.	19420

Boards may contract to provide preschool programs only with	19421
such organizations whose staff meet the requirements of rules	19422
adopted under section 3301.53 of the Revised Code or those of the	19423
child development associate credential established by the national	19424
association for the education of young children.	19425

(D) A contract entered into under division (C) of this	19426
section may provide for the board of education to lease school	19427
facilities to the preschool provider or to furnish transportation,	19428
utilities, or staff for the preschool program.	19429

(E) The treasurer of any board of education operating a	19430
preschool program pursuant to this section shall keep an account	19431
of all funds used to operate the program in the same manner as he	19432
the treasurer would any other funds of the district pursuant to	19433
this chapter.	19434

Sec. 3313.66. (A) Except as provided under division (B)(2)	19435
of this section, the superintendent of schools of a city, exempted	19436
village, or local school district, or the principal of a public	19437
school may suspend a pupil from school for not more than ten	19438
school days. The board of education of a city, exempted village,	19439
or local school district may adopt a policy granting assistant	19440
principals and other administrators the authority to suspend a	19441
pupil from school for a period of time as specified in the policy	19442
of the board of education, not to exceed ten school days. If at	19443
the time a suspension is imposed there are fewer than ten school	19444
days remaining in the school year in which the incident that gives	19445
rise to the suspension takes place, the superintendent may apply	19446
any remaining part or all of the period of the suspension to the	19447
following school year. Except in the case of a pupil given an	19448
in-school suspension, no pupil shall be suspended unless prior to	19449
the suspension such superintendent or principal does both of the	19450
following:	19451

(1) Gives the pupil written notice of the intention to	19452
suspend the pupil and the reasons for the intended suspension and,	19453
if the proposed suspension is based on a violation listed in	19454
division (A) of section 3313.662 of the Revised Code and if the	19455
pupil is sixteen years of age or older, includes in the notice a	19456
statement that the superintendent may seek to permanently exclude	19457
the pupil if the pupil is convicted of or adjudicated a delinquent	19458
child for that violation;	19459

(2) Provides the pupil an opportunity to appear at an	19460
informal hearing before the principal, assistant principal,	19461
superintendent, or superintendent's designee and challenge the	19462
reason for the intended suspension or otherwise to explain the	19463
pupil's actions.	19464

(B)(1) Except as provided under division (B)(2), (3), or (4)	19465
of this section, the superintendent of schools of a city, exempted	19466
village, or local school district may expel a pupil from school	19467
for a period not to exceed the greater of eighty school days or	19468
the number of school days remaining in the semester or term in	19469
which the incident that gives rise to the expulsion takes place,	19470
unless the expulsion is extended pursuant to division (F) of this	19471
section. If at the time an expulsion is imposed there are fewer	19472
than eighty school days remaining in the school year in which the	19473
incident that gives rise to the expulsion takes place, the	19474
superintendent may apply any remaining part or all of the period	19475
of the expulsion to the following school year.	19476

(2)(a) Unless a pupil is permanently excluded pursuant to	19477
section 3313.662 of the Revised Code, the superintendent of	19478
schools of a city, exempted village, or local school district	19479
shall expel a pupil from school for a period of one year for	19480
bringing a firearm to a school operated by the board of education	19481
of the district or onto any other property owned or controlled by	19482
the board, except that the superintendent may reduce this	19483
requirement on a case-by-case basis in accordance with the policy	19484
adopted by the board under section 3313.661 of the Revised Code.	19485

(b) The superintendent of schools of a city, exempted	19486
village, or local school district may expel a pupil from school	19487
for a period of one year for bringing a firearm to an	19488
interscholastic competition, an extracurricular event, or any	19489
other school program or activity that is not located in a school	19490
or on property that is owned or controlled by the district. The	19491
superintendent may reduce this disciplinary action on a	19492
case-by-case basis in accordance with the policy adopted by the	19493
board under section 3313.661 of the Revised Code.	19494

(c) Any expulsion pursuant to division (B)(2) of this section	19495
shall extend, as necessary, into the school year following the	19496
school year in which the incident that gives rise to the expulsion	19497
takes place. As used in this division, "firearm" has the same	19498
meaning as provided pursuant to the "Gun-Free Schools Act of	19499
~~1994~~," ~~108~~115 Stat. ~~270~~1762, 20 U.S.C. ~~8001(a)(2)~~7151.	19500

(3) The board of education of a city, exempted village, or	19501
local school district may adopt a resolution authorizing the	19502
superintendent of schools to expel a pupil from school for a	19503
period not to exceed one year for bringing a knife to a school	19504
operated by the board, onto any other property owned or controlled	19505
by the board, or to an interscholastic competition, an	19506
extracurricular event, or any other program or activity sponsored	19507
by the school district or in which the district is a participant,	19508
or for possessing a firearm or knife at a school, on any other	19509
property owned or controlled by the board, or at an	19510
interscholastic competition, an extracurricular event, or any	19511
other school program or activity, which firearm or knife was	19512
initially brought onto school board property by another person.	19513
The resolution may authorize the superintendent to extend such an	19514
expulsion, as necessary, into the school year following the school	19515
year in which the incident that gives rise to the expulsion takes	19516
place.	19517

(4) The board of education of a city, exempted village, or	19518
local school district may adopt a resolution establishing a policy	19519
under section 3313.661 of the Revised Code that authorizes the	19520
superintendent of schools to expel a pupil from school for a	19521
period not to exceed one year for committing an act that is a	19522
criminal offense when committed by an adult and that results in	19523
serious physical harm to persons as defined in division (A)(5) of	19524
section 2901.01 of the Revised Code or serious physical harm to	19525
property as defined in division (A)(6) of section 2901.01 of the	19526
Revised Code while the pupil is at school, on any other property	19527
owned or controlled by the board, or at an interscholastic	19528
competition, an extracurricular event, or any other school program	19529
or activity. Any expulsion under this division shall extend, as	19530
necessary, into the school year following the school year in which	19531
the incident that gives rise to the expulsion takes place.	19532

(5) The board of education of any city, exempted village, or	19533
local school district may adopt a resolution establishing a policy	19534
under section 3313.661 of the Revised Code that authorizes the	19535
superintendent of schools to expel a pupil from school for a	19536
period not to exceed one year for making a bomb threat to a school	19537
building or to any premises at which a school activity is	19538
occurring at the time of the threat. Any expulsion under this	19539
division shall extend, as necessary, into the school year	19540
following the school year in which the incident that gives rise to	19541
the expulsion takes place.	19542

(6) No pupil shall be expelled under division (B)(1), (2),	19543
(3), (4), or (5) of this section unless, prior to the pupil's	19544
expulsion, the superintendent does both of the following:	19545

(a) Gives the pupil and the pupil's parent, guardian, or	19546
custodian written notice of the intention to expel the pupil;	19547

(b) Provides the pupil and the pupil's parent, guardian,	19548
custodian, or representative an opportunity to appear in person	19549
before the superintendent or the superintendent's designee to	19550
challenge the reasons for the intended expulsion or otherwise to	19551
explain the pupil's actions.	19552

The notice required in this division shall include the	19553
reasons for the intended expulsion, notification of the	19554
opportunity of the pupil and the pupil's parent, guardian,	19555
custodian, or representative to appear before the superintendent	19556
or the superintendent's designee to challenge the reasons for the	19557
intended expulsion or otherwise to explain the pupil's action, and	19558
notification of the time and place to appear. The time to appear	19559
shall not be earlier than three nor later than five school days	19560
after the notice is given, unless the superintendent grants an	19561
extension of time at the request of the pupil or the pupil's	19562
parent, guardian, custodian, or representative. If an extension is	19563
granted after giving the original notice, the superintendent shall	19564
notify the pupil and the pupil's parent, guardian, custodian, or	19565
representative of the new time and place to appear. If the	19566
proposed expulsion is based on a violation listed in division (A)	19567
of section 3313.662 of the Revised Code and if the pupil is	19568
sixteen years of age or older, the notice shall include a	19569
statement that the superintendent may seek to permanently exclude	19570
the pupil if the pupil is convicted of or adjudicated a delinquent	19571
child for that violation.	19572

(7) A superintendent of schools of a city, exempted village,	19573
or local school district shall initiate expulsion proceedings	19574
pursuant to this section with respect to any pupil who has	19575
committed an act warranting expulsion under the district's policy	19576
regarding expulsion even if the pupil has withdrawn from school	19577
for any reason after the incident that gives rise to the hearing	19578
but prior to the hearing or decision to impose the expulsion. If,	19579
following the hearing, the pupil would have been expelled for a	19580
period of time had the pupil still been enrolled in the school,	19581
the expulsion shall be imposed for the same length of time as on a	19582
pupil who has not withdrawn from the school.	19583

(C) If a pupil's presence poses a continuing danger to	19584
persons or property or an ongoing threat of disrupting the	19585
academic process taking place either within a classroom or	19586
elsewhere on the school premises, the superintendent or a	19587
principal or assistant principal may remove a pupil from	19588
curricular activities or from the school premises, and a teacher	19589
may remove a pupil from curricular activities under the teacher's	19590
supervision, without the notice and hearing requirements of	19591
division (A) or (B) of this section. As soon as practicable after	19592
making such a removal, the teacher shall submit in writing to the	19593
principal the reasons for such removal.	19594

If a pupil is removed under this division from a curricular	19595
activity or from the school premises, written notice of the	19596
hearing and of the reason for the removal shall be given to the	19597
pupil as soon as practicable prior to the hearing, which shall be	19598
held within three school days from the time the initial removal is	19599
ordered. The hearing shall be held in accordance with division (A)	19600
of this section unless it is probable that the pupil may be	19601
subject to expulsion, in which case a hearing in accordance with	19602
division (B) of this section shall be held, except that the	19603
hearing shall be held within three school days of the initial	19604
removal. The individual who ordered, caused, or requested the	19605
removal to be made shall be present at the hearing.	19606

If the superintendent or the principal reinstates a pupil in	19607
a curricular activity under the teacher's supervision prior to the	19608
hearing following a removal under this division, the teacher, upon	19609
request, shall be given in writing the reasons for such	19610
reinstatement.	19611

(D) The superintendent or principal, within one school day	19612
after the time of a pupil's expulsion or suspension, shall notify	19613
in writing the parent, guardian, or custodian of the pupil and the	19614
treasurer of the board of education of the expulsion or	19615
suspension. The notice shall include the reasons for the expulsion	19616
or suspension, notification of the right of the pupil or the	19617
pupil's parent, guardian, or custodian to appeal the expulsion or	19618
suspension to the board of education or to its designee, to be	19619
represented in all appeal proceedings, to be granted a hearing	19620
before the board or its designee in order to be heard against the	19621
suspension or expulsion, and to request that the hearing be held	19622
in executive session, notification that the expulsion may be	19623
subject to extension pursuant to division (F) of this section if	19624
the pupil is sixteen years of age or older, and notification that	19625
the superintendent may seek the pupil's permanent exclusion if the	19626
suspension or expulsion was based on a violation listed in	19627
division (A) of section 3313.662 of the Revised Code that was	19628
committed when the child was sixteen years of age or older and if	19629
the pupil is convicted of or adjudicated a delinquent child for	19630
that violation.	19631

In accordance with the policy adopted by the board of	19632
education under section 3313.661 of the Revised Code, the notice	19633
provided under this division shall specify the manner and date by	19634
which the pupil or the pupil's parent, guardian, or custodian	19635
shall notify the board of the pupil's, parent's, guardian's, or	19636
custodian's intent to appeal the expulsion or suspension to the	19637
board or its designee.	19638

Any superintendent expelling a pupil under this section for	19639
more than twenty school days or for any period of time if the	19640
expulsion will extend into the following semester or school year	19641
shall, in the notice required under this division, provide the	19642
pupil and the pupil's parent, guardian, or custodian with	19643
information about services or programs offered by public and	19644
private agencies that work toward improving those aspects of the	19645
pupil's attitudes and behavior that contributed to the incident	19646
that gave rise to the pupil's expulsion. The information shall	19647
include the names, addresses, and phone numbers of the appropriate	19648
public and private agencies.	19649

(E) A pupil or the pupil's parent, guardian, or custodian may	19650
appeal the pupil's expulsion by a superintendent or suspension by	19651
a superintendent, principal, assistant principal, or other	19652
administrator to the board of education or to its designee. If the	19653
pupil or the pupil's parent, guardian, or custodian intends to	19654
appeal the expulsion or suspension to the board or its designee,	19655
the pupil or the pupil's parent, guardian, or custodian shall	19656
notify the board in the manner and by the date specified in the	19657
notice provided under division (D) of this section. The pupil or	19658
the pupil's parent, guardian, or custodian may be represented in	19659
all appeal proceedings and shall be granted a hearing before the	19660
board or its designee in order to be heard against the suspension	19661
or expulsion. At the request of the pupil or of the pupil's	19662
parent, guardian, custodian, or attorney, the board or its	19663
designee may hold the hearing in executive session but shall act	19664
upon the suspension or expulsion only at a public meeting. The	19665
board, by a majority vote of its full membership or by the action	19666
of its designee, may affirm the order of suspension or expulsion,	19667
reinstate the pupil, or otherwise reverse, vacate, or modify the	19668
order of suspension or expulsion.	19669

The board or its designee shall make a verbatim record of	19670
hearings held under this division. The decisions of the board or	19671
its designee may be appealed under Chapter 2506. of the Revised	19672
Code.	19673

This section shall not be construed to require notice and	19674
hearing in accordance with division (A), (B), or (C) of this	19675
section in the case of normal disciplinary procedures in which a	19676
pupil is removed from a curricular activity for a period of less	19677
than one school day and is not subject to suspension or expulsion.	19678

(F)(1) If a pupil is expelled pursuant to division (B) of	19679
this section for committing any violation listed in division (A)	19680
of section 3313.662 of the Revised Code and the pupil was sixteen	19681
years of age or older at the time of committing the violation, if	19682
a complaint, indictment, or information is filed alleging that the	19683
pupil is a delinquent child based upon the commission of the	19684
violation or the pupil is prosecuted as an adult for the	19685
commission of the violation, and if the resultant juvenile court	19686
or criminal proceeding is pending at the time that the expulsion	19687
terminates, the superintendent of schools that expelled the pupil	19688
may file a motion with the court in which the proceeding is	19689
pending requesting an order extending the expulsion for the lesser	19690
of an additional eighty days or the number of school days	19691
remaining in the school year. Upon the filing of the motion, the	19692
court immediately shall schedule a hearing and give written notice	19693
of the time, date, and location of the hearing to the	19694
superintendent and to the pupil and the pupil's parent, guardian,	19695
or custodian. At the hearing, the court shall determine whether	19696
there is reasonable cause to believe that the pupil committed the	19697
alleged violation that is the basis of the expulsion and, upon	19698
determining that reasonable cause to believe the pupil committed	19699
the violation does exist, shall grant the requested extension.	19700

(2) If a pupil has been convicted of or adjudicated a	19701
delinquent child for a violation listed in division (A) of section	19702
3313.662 of the Revised Code for an act that was committed when	19703
the child was sixteen years of age or older, if the pupil has been	19704
expelled pursuant to division (B) of this section for that	19705
violation, and if the board of education of the school district of	19706
the school from which the pupil was expelled has adopted a	19707
resolution seeking the pupil's permanent exclusion, the	19708
superintendent may file a motion with the court that convicted the	19709
pupil or adjudicated the pupil a delinquent child requesting an	19710
order to extend the expulsion until an adjudication order or other	19711
determination regarding permanent exclusion is issued by the	19712
superintendent of public instruction pursuant to section 3301.121	19713
and division (D) of section 3313.662 of the Revised Code. Upon the	19714
filing of the motion, the court immediately shall schedule a	19715
hearing and give written notice of the time, date, and location of	19716
the hearing to the superintendent of the school district, the	19717
pupil, and the pupil's parent, guardian, or custodian. At the	19718
hearing, the court shall determine whether there is reasonable	19719
cause to believe the pupil's continued attendance in the public	19720
school system may endanger the health and safety of other pupils	19721
or school employees and, upon making that determination, shall	19722
grant the requested extension.	19723

(G) The failure of the superintendent or the board of	19724
education to provide the information regarding the possibility of	19725
permanent exclusion in the notice required by divisions (A), (B),	19726
and (D) of this section is not jurisdictional, and the failure	19727
shall not affect the validity of any suspension or expulsion	19728
procedure that is conducted in accordance with this section or the	19729
validity of a permanent exclusion procedure that is conducted in	19730
accordance with sections 3301.121 and 3313.662 of the Revised	19731
Code.	19732

(H) With regard to suspensions and expulsions pursuant to	19733
divisions (A) and (B) of this section by the board of education of	19734
any city, exempted village, or local school district, this section	19735
shall apply to any student, whether or not the student is enrolled	19736
in the district, attending or otherwise participating in any	19737
curricular program provided in a school operated by the board or	19738
provided on any other property owned or controlled by the board.	19739

(I) Whenever a student is expelled under this section, the	19740
expulsion shall result in removal of the student from the	19741
student's regular school setting. However, during the period of	19742
the expulsion, the board of education of the school district that	19743
expelled the student or any board of education admitting the	19744
student during that expulsion period may provide educational	19745
services to the student in an alternative setting.	19746

(J)(1) Notwithstanding sections 3109.51 to 3109.80, 3313.64,	19747
and 3313.65 of the Revised Code, any school district, after	19748
offering an opportunity for a hearing, may temporarily deny	19749
admittance to any pupil if one of the following applies:	19750

(a) The pupil has been suspended from the schools of another	19751
district under division (A) of this section and the period of	19752
suspension, as established under that division, has not expired;	19753

(b) The pupil has been expelled from the schools of another	19754
district under division (B) of this section and the period of the	19755
expulsion, as established under that division or as extended under	19756
division (F) of this section, has not expired.	19757

If a pupil is temporarily denied admission under this	19758
division, the pupil shall be admitted to school in accordance with	19759
sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the Revised	19760
Code no later than upon expiration of the suspension or expulsion	19761
period, as applicable.	19762

(2) Notwithstanding sections 3109.51 to 3109.80, 3313.64, and	19763
3313.65 of the Revised Code, any school district, after offering	19764
an opportunity for a hearing, may temporarily deny admittance to	19765
any pupil if the pupil has been expelled or otherwise removed for	19766
disciplinary purposes from a public school in another state and	19767
the period of expulsion or removal has not expired. If a pupil is	19768
temporarily denied admission under this division, the pupil shall	19769
be admitted to school in accordance with sections 3109.51 to	19770
3109.80, 3313.64, or 3313.65 of the Revised Code no later than the	19771
earlier of the following:	19772

(a) Upon expiration of the expulsion or removal period	19773
imposed by the out-of-state school;	19774

(b) Upon expiration of a period established by the district,	19775
beginning with the date of expulsion or removal from the	19776
out-of-state school, that is no greater than the period of	19777
expulsion that the pupil would have received under the policy	19778
adopted by the district under section 3313.661 of the Revised Code	19779
had the offense that gave rise to the expulsion or removal by the	19780
out-of-state school been committed while the pupil was enrolled in	19781
the district.	19782

(K) As used in this section:

19783

(1) "Permanently exclude" and "permanent exclusion" have the	19784
same meanings as in section 3313.662 of the Revised Code.	19785

(2) "In-school suspension" means the pupil will serve all of	19786
the suspension in a school setting.	19787

Sec. 3313.661. (A) The board of education of each city,	19788
exempted village, and local school district shall adopt a policy	19789
regarding suspension, expulsion, removal, and permanent exclusion	19790
that specifies the types of misconduct for which a pupil may be	19791
suspended, expelled, or removed. The types of misconduct may	19792
include misconduct by a pupil that occurs off of property owned or	19793
controlled by the district but that is connected to activities or	19794
incidents that have occurred on property owned or controlled by	19795
that district and misconduct by a pupil that, regardless of where	19796
it occurs, is directed at a district official or employee, or the	19797
property of such official or employee. The policy shall specify	19798
the reasons for which the superintendent of the district may	19799
reduce the expulsion requirement in division (B)(2) of section	19800
3313.66 of the Revised Code. If a board of education adopts a	19801
resolution pursuant to division (B)(3) of section 3313.66 of the	19802
Revised Code, the policy shall define the term "knife" or	19803
"firearm," as applicable, for purposes of expulsion under that	19804
resolution and shall specify any reasons for which the	19805
superintendent of the district may reduce any required expulsion	19806
period on a case-by-case basis. If a board of education adopts a	19807
resolution pursuant to division (B)(4) or (5) of section 3313.66	19808
of the Revised Code, the policy shall specify any reasons for	19809
which the superintendent of the district may reduce any required	19810
expulsion period on a case-by-case basis. The policy also shall	19811
set forth the acts listed in section 3313.662 of the Revised Code	19812
for which a pupil may be permanently excluded.	19813

The policy adopted under this division shall specify the date	19814
and manner by which a pupil or a pupil's parent, guardian, or	19815
custodian may notify the board of the pupil's, parent's,	19816
guardian's, or custodian's intent to appeal an expulsion or	19817
suspension to the board or its designee pursuant to division (E)	19818
of section 3313.66 of the Revised Code. In the case of any	19819
expulsion, the policy shall not specify a date that is less than	19820
fourteen days after the date of the notice provided to the pupil	19821
or the pupil's parent, guardian, or custodian under division (D)	19822
of that section.	19823

A copy of the policy shall be posted in a central location in	19824
the school and made available to pupils upon request. No pupil	19825
shall be suspended, expelled, or removed except in accordance with	19826
the policy adopted by the board of education of the school	19827
district in which the pupil attends school, and no pupil shall be	19828
permanently excluded except in accordance with sections 3301.121	19829
and 3313.662 of the Revised Code.	19830

(B) A board of education may establish a program and adopt	19831
guidelines under which a superintendent may require a pupil to	19832
perform community service in conjunction with a suspension or	19833
expulsion imposed under section 3313.66 of the Revised Code or in	19834
place of a suspension or expulsion imposed under section 3313.66	19835
of the Revised Code except for an expulsion imposed pursuant to	19836
division (B)(2) of that section. If a board adopts guidelines	19837
under this division, they shall permit, except with regard to an	19838
expulsion pursuant to division (B)(2) of section 3313.66 of the	19839
Revised Code, a superintendent to impose a community service	19840
requirement beyond the end of the school year in lieu of applying	19841
the suspension or expulsion into the following school year. Any	19842
guidelines adopted shall be included in the policy adopted under	19843
this section.	19844

(C) The written policy of each board of education that is	19845
adopted pursuant to section 3313.20 of the Revised Code shall be	19846
posted in a central location in each school that is subject to the	19847
policy and shall be made available to pupils upon request.	19848

(D) Any policy, program, or guideline adopted by a board of	19849
education under this section with regard to suspensions or	19850
expulsions pursuant to division (A) or (B) of section 3313.66 of	19851
the Revised Code shall apply to any student, whether or not the	19852
student is enrolled in the district, attending or otherwise	19853
participating in any curricular program provided in a school	19854
operated by the board or provided on any other property owned or	19855
controlled by the board.	19856

(E) As used in this section, "permanently exclude" and	19857
"permanent exclusion" have the same meanings as in section	19858
3313.662 of the Revised Code.	19859

Sec. 3313.82. (A)(1) The boards of education of two or more	19860
city, local, or exempted village school districts each having a	19861
majority of its territory in a county with a population greater	19862
than one million two hundred thousand, by adopting identical	19863
resolutions, may enter into an agreement providing for the	19864
creation of a student special services district for the purpose of	19865
funding the following for students enrolled in those school	19866
districts, including students diagnosed as autistic and students	19867
with special needs, and their immediate family members:	19868

(a) Special education services;

19869

(b) Behavioral health services for persons with special	19870
needs.	19871

If more than eight boards of education adopt resolutions to	19872
form a student special services district, the boards may meet at	19873
facilities of the educational service center of the county to	19874
discuss membership in the district.	19875

(2) The territory of a student special services district at	19876
any time shall be composed of the combined territories of the	19877
school districts that are parties to the agreement at that time.	19878
Services funded by a student special services district shall be	19879
available to all individuals enrolled in a school district that is	19880
a part of the student special services district and members of	19881
their immediate family.	19882

(3) The agreement may be amended pursuant to terms and	19883
procedures mutually agreed to by the boards of education that are	19884
parties to the agreement.	19885

(B) Each student special services district shall be governed	19886
by a board of directors. The superintendent of each board of	19887
education that is a party to the agreement shall serve on the	19888
board of directors. The agreement shall provide for the terms of	19889
office of directors. Directors shall receive no compensation, but	19890
shall be reimbursed, from the special fund of the student special	19891
services district, for the reasonable and necessary expenses they	19892
incur in the performance of their duties for the district. The	19893
agreement shall provide for the conduct of the board's initial	19894
organizational meeting and for the frequency of subsequent	19895
meetings and quorum requirements. At its first meeting, the board	19896
shall designate from among its members a president and secretary	19897
in the manner provided in the agreement.	19898

The board of directors of a student special services district	19899
is a body corporate and politic, is capable of suing and being	19900
sued, is capable of contracting within the limits of this section	19901
and the agreement governing the district, and is capable of	19902
accepting gifts, donations, bequests, or other grants of money for	19903
use in paying its expenses. The district is a public office and	19904
its directors are public officials within the meaning of section	19905
117.01 of the Revised Code, the board of directors is a public	19906
body within the meaning of section 121.22 of the Revised Code, and	19907
records of the board and of the district are public records within	19908
the meaning of section 149.43 of the Revised Code.	19909

The agreement shall require the board to designate a	19910
permanent location for its offices and meeting place, and may	19911
provide for the use of such facilities and property for the	19912
provision of services by the agencies with which the board	19913
contracts under division (C) of this section.	19914

(C)(1) To provide the services identified in division (A)(1)	19915
of this section, the board of directors of a student special	19916
services district shall provide for the hiring of employees or	19917
shall contract with one or more entities. Except as provided in	19918
division (C)(2) of this section, any entity with which the board	19919
of directors contracts to provide the services identified in	19920
division (A)(1)(b) of this section shall be a qualified nonprofit,	19921
nationally accredited agency to which all of the following apply:	19922

(a) The agency is licensed or certified by the departments of	19923
mental health, job and family services, and alcohol and drug	19924
addiction services.	19925

(b) The agency is chartered by the department of education	19926
and provides services to persons diagnosed with autism.	19927

(c) The agency provides school-based behavioral health	19928
services.	19929

(2) The board of directors may contract with an entity that	19930
does not meet the conditions stated in division (C)(1) of this	19931
section if the services to be provided by the entity are only	19932
incidental to the services identified in division (A)(1)(b) of	19933
this section.	19934

(3) The board of directors may levy a tax throughout the	19935
district as provided in section 5705.219 of the Revised Code. The	19936
board of directors shall provide for the creation of a special	19937
fund to hold the proceeds of any tax levied under section 5705.219	19938
of the Revised Code and any gifts, donations, bequests, or other	19939
grants of money coming into the possession of the district. A	19940
student special services district is a subdivision, and the board	19941
of directors is a governing body, within the meaning of section	19942
135.01 of the Revised Code. The board of directors may not issue	19943
securities or otherwise incur indebtedness.	19944

(4) The adoption or rejection by electors of a tax levy to	19945
fund a student special services district pursuant to section	19946
5705.219 of the Revised Code does not alter the duty of each	19947
school district member of the student special services district to	19948
provide special education and related services as required under	19949
Chapter 3323. of the Revised Code. On the expiration of a student	19950
special services district levy, the state, member school districts	19951
of the student special services district, and any other	19952
governmental entity shall not be obligated to provide replacement	19953
funding for the revenues under the expired levy. The tax levy, in	19954
whole or in part, shall not be considered a levy for current	19955
operating expenses pursuant to division (A) of section 3317.01 of	19956
the Revised Code for any of the school districts that are members	19957
of the student special services district.	19958

(D)(1) The agreement shall provide for the manner of	19959
appointing an individual or entity to perform the duties of fiscal	19960
officer of the student special services district. The agreement	19961
shall specify the length of time the individual or entity shall	19962
perform those duties and whether the individual or entity may be	19963
reappointed upon the completion of a term. The fiscal officer may	19964
receive compensation for performing the duties of the position and	19965
be reimbursed for reasonable expenses of performing those duties	19966
from the student special services district's special fund.	19967

(2) The legal advisor of the board of directors of a student	19968
special services district shall be the prosecuting attorney of the	19969
most populous county containing a school district that is a member	19970
of the student special services district. The prosecuting attorney	19971
shall prosecute all actions against a member of the board of	19972
directors for malfeasance or misfeasance in office and shall be	19973
the legal counsel for the board and its members in all other	19974
actions brought by or against them and shall conduct those actions	19975
in the prosecuting attorney's official capacity. No compensation	19976
in addition to the prosecuting attorney's regular salary shall be	19977
allowed.	19978

(E) The board of directors of a student special services	19979
district shall procure a policy or policies of insurance insuring	19980
the board, the fiscal officer, and the legal representative	19981
against liability on account of damage or injury to persons and	19982
property. Before procuring such insurance the board shall adopt a	19983
resolution setting forth the amount of insurance to be purchased,	19984
the necessity of the insurance, and a statement of its estimated	19985
premium cost. Insurance procured pursuant to this section shall be	19986
from one or more recognized insurance companies authorized to do	19987
business in this state. The cost of the insurance shall be paid	19988
from the district's special fund.	19989

A student special services district is a political	19990
subdivision within the meaning of section 2744.01 of the Revised	19991
Code.	19992

(F)(1) The board of education of a school district having a	19993
majority of its territory in the county may join an existing	19994
student special services district by adopting a resolution	19995
requesting to join as a party to the agreement and upon approval	19996
by the boards of education that currently are parties to the	19997
agreement. If a tax is levied in the student special services	19998
district under section 5705.219 of the Revised Code, a board of	19999
education may join the district only after a majority of qualified	20000
electors in the school district voting on the question vote in	20001
favor of levying the tax throughout the school district. A board	20002
of education joining an existing district shall have the same	20003
powers, rights, and obligations under the agreement as other	20004
boards of education that are parties to the agreement.	20005

(2) A board of education that is a party to an agreement	20006
under this section may withdraw the school district from a student	20007
special services district by adopting a resolution. The withdrawal	20008
shall take effect on the date provided in the resolution. If a tax	20009
is levied in the student special services district under section	20010
5705.219 of the Revised Code, the resolution shall take effect not	20011
later than the first day of January following adoption of the	20012
resolution. Beginning with the first day of January following	20013
adoption of the resolution, any tax levied under section 5705.219	20014
of the Revised Code shall not be levied within the territory of	20015
the withdrawing school district. Any collection of tax levied in	20016
the territory of the withdrawing school district under that	20017
section that has not been settled and distributed when the	20018
resolution takes effect shall be credited to the district's	20019
special fund.	20020

(G) An agreement entered into under this section shall	20021
provide for the manner of the student special services district's	20022
dissolution. The district shall cease to exist when not more than	20023
one school district remains in the district, and the levy of any	20024
tax under section 5705.219 of the Revised Code shall not be	20025
extended on the tax lists in any tax year beginning after the	20026
dissolution of the district. The agreement shall provide that,	20027
upon dissolution of the district, any unexpended balance in the	20028
district's special fund shall be divided among the school	20029
districts that are parties to the agreement immediately before	20030
dissolution in proportion to the taxable valuation of taxable	20031
property in the districts, and credited to their respective	20032
general funds.	20033

Sec. 3313.841. The boards of education and governing boards	20034
of two or more city, local, joint vocational, or exempted village	20035
school districts or educational service centers may contract in	20036
accordance with the terms of this section for the sharing on a	20037
cooperative basis of the services of supervisory teachers, special	20038
instruction teachers, special education teachers, and other	20039
licensed personnel necessary to conduct approved cooperative	20040
classes for special education and related services and gifted	20041
education.	20042

The boards of two or more districts or service centers	20043
desiring to enroll students in such classes shall each adopt	20044
resolutions indicating such desire and designating one of the	20045
participating districts or service centers as the funding agent	20046
for purposes of this section. The district or service center	20047
designated as the funding agent shall enter into an employment	20048
contract with each licensed teacher whose services are to be	20049
shared among the participating districts and service centers. In	20050
turn, the funding agent shall enter into contracts with each of	20051
the districts and service centers which have adopted resolutions	20052
agreeing to participate in the cooperative program upon terms	20053
agreed to by all parties to such contract. Such contracts between	20054
districts and service centers shall set forth the services to be	20055
provided by the licensed teacher employed by the funding agent	20056
whose services are to be shared by the participating districts and	20057
service centers and the basis for computing the amounts to be paid	20058
for such services to the funding agent by the participating	20059
districts and service centers.	20060

For purposes of division (B) of section 3317.05 of the	20061
Revised Code, the funding agent shall count all pupils enrolled in	20062
cooperative programs for ~~handicapped~~ pupils with disabilities as	20063
pupils enrolled in such programs in the funding agent district.	20064
Upon receipt of payment for such programs, the funding agent	20065
district shall credit the account of districts participating in	20066
the cooperative program for the amounts due under contracts	20067
entered into under the terms of this section in proportion to the	20068
number of resident students enrolled in the cooperative program	20069
from each participating district and service center.	20070

In determining the terms of the contract entered into by the	20071
funding agent district or service center and the participating	20072
districts and service centers, the superintendent of schools of	20073
each participating board of education and governing board shall	20074
serve as a committee which shall recommend such terms to such	20075
boards.	20076

Sec. 3313.843. (A) Notwithstanding division (D) of section	20077
3311.52 of the Revised Code, this section does not apply to either	20078
of the following:	20079

(1) Any cooperative education school district;

20080

(2) Any city or exempted village school district with a total	20081
student count of thirteen thousand or more determined pursuant to	20082
section 3317.03 of the Revised Code that has not entered into one	20083
or more agreements pursuant to this section prior to July 1, 1993,	20084
unless the district's total student count did not exceed thirteen	20085
thousand at the time it entered into an initial agreement under	20086
this section.	20087

(B) The board of education of a city or exempted village	20088
school district and the governing board of an educational service	20089
center may enter into an agreement, through adoption of identical	20090
resolutions, under which the educational service center governing	20091
board will provide services to the city or exempted village school	20092
district.	20093

Services provided under the agreement shall be specified in	20094
the agreement, and may include any one or a combination of the	20095
following: supervisory teachers; in-service and continuing	20096
education programs for city or exempted village school district	20097
personnel; curriculum services as provided to the local school	20098
districts under the supervision of the service center governing	20099
board; research and development programs; academic instruction for	20100
which the governing board employs teachers pursuant to section	20101
3319.02 of the Revised Code; and assistance in the provision of	20102
special accommodations and classes for ~~handicapped~~ students with	20103
disabilities. Services included in the agreement shall be provided	20104
to the city or exempted village district in the same manner they	20105
are provided to local school districts under the governing board's	20106
supervision, unless otherwise specified in the agreement. The city	20107
or exempted village board of education shall reimburse the	20108
educational service center governing board pursuant to section	20109
3317.11 of the Revised Code.	20110

(C) If an educational service center received funding under	20111
division (B) of former section 3317.11 or division (F) of section	20112
3317.11 of the Revised Code for an agreement under this section	20113
involving a city school district whose total student count was	20114
less than thirteen thousand, the service center may continue to	20115
receive funding under that division for such an agreement in any	20116
subsequent year if the city district's total student count exceeds	20117
thirteen thousand. However, only the first thirteen thousand	20118
pupils in the formula ADM of such district shall be included in	20119
determining the amount of the per pupil subsidy the service center	20120
shall receive under division (F) of section 3317.11 of the Revised	20121
Code.	20122

(D) Any agreement entered into pursuant to this section shall	20123
be valid only if a copy is filed with the department of education	20124
by the first day of the school year for which the agreement is in	20125
effect.	20126

Sec. 3313.97. Notwithstanding division (D) of section	20127
3311.19 and division (D) of section 3311.52 of the Revised Code,	20128
this section does not apply to any joint vocational or cooperative	20129
education school district.	20130

(A) As used in this section:

20131

(1) "Parent" has the same meaning as in section 3313.64 of	20132
the Revised Code.	20133

(2) "Alternative school" means a school building other than	20134
the one to which a student is assigned by the district	20135
superintendent.	20136

(3) "IEP" ~~means an individualized education program defined~~	20137
~~by division (E) of~~has the same meaning as in section 3323.01 of	20138
the Revised Code.	20139

(B) The board of education of each city, local, and exempted	20140
village school district shall adopt an open enrollment policy	20141
allowing students entitled to attend school in the district	20142
pursuant to section 3313.64 or 3313.65 of the Revised Code to	20143
enroll in an alternative school. Each policy shall provide for the	20144
following:	20145

(1) Application procedures, including deadlines for	20146
application and for notification of students and principals of	20147
alternative schools whenever a student's application is accepted.	20148
The policy shall require a student to apply only if the student	20149
wishes to attend an alternative school.	20150

(2) The establishment of district capacity limits by grade	20151
level, school building, and education program;	20152

(3) A requirement that students enrolled in a school building	20153
or living in any attendance area of the school building	20154
established by the superintendent or board be given preference	20155
over applicants;	20156

(4) Procedures to ensure that an appropriate racial balance	20157
is maintained in the district schools.	20158

(C) Except as provided in section 3313.982 of the Revised	20159
Code, the procedures for admitting applicants to alternative	20160
schools shall not include:	20161

(1) Any requirement of academic ability, or any level of	20162
athletic, artistic, or other extracurricular skills;	20163

(2) Limitations on admitting applicants because of	20164
~~handicapping~~disabling conditions, except that a board may require	20165
a student receiving services under Chapter 3323. of the Revised	20166
Code to attend school where the services described in the	20167
student's IEP are available;	20168

(3) A requirement that the student be proficient in the	20169
English language;	20170

(4) Rejection of any applicant because the student has been	20171
subject to disciplinary proceedings, except that if an applicant	20172
has been suspended or expelled for ten consecutive days or more in	20173
the term for which admission is sought or in the term immediately	20174
preceding the term for which admission is sought, the procedures	20175
may include a provision denying admission of such applicant to an	20176
alternative school.	20177

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	20178
except as provided in division (D)(2) of this section, a district	20179
board is not required to provide transportation to a	20180
~~nonhandicapped~~nondisabled student enrolled in an alternative	20181
school unless such student can be picked up and dropped off at a	20182
regular school bus stop designated in accordance with the board's	20183
transportation policy or unless the board is required to provide	20184
additional transportation to the student in accordance with a	20185
court-approved desegregation plan.	20186

(2) A district board shall provide transportation to any	20187
student enrolled in an alternative school pursuant to division (E)	20188
of section 3302.04 of the Revised Code to the extent required by	20189
that division, except that no district board shall be required to	20190
provide transportation to any student enrolled in an alternative	20191
school pursuant to division (E) of section 3302.04 of the Revised	20192
Code after the date the school in which the student was enrolled	20193
immediately prior to enrolling in the alternative school ceases to	20194
be subject to that division.	20195

(E) Each school board shall provide information about the	20196
policy adopted under this section and the application procedures	20197
and deadlines to the parent of each student in the district and to	20198
the general public.	20199

(F) The state board of education shall monitor school	20200
districts to ensure compliance with this section and the	20201
districts' policies.	20202

Sec. 3313.974. As used in this section and in sections	20203
3313.975 to 3313.979 of the Revised Code:	20204

(A) "Individualized education program" and "~~handicapped~~ child	20205
with a disability" have the same meanings as in section 3323.01 of	20206
the Revised Code.	20207

(B) "Mainstreamed ~~handicapped~~ student with a disability"	20208
means a ~~handicapped~~ child with a disability who has an	20209
individualized education program providing for the student to	20210
spend more than half of each school day in a regular school	20211
setting with ~~nonhandicapped~~nondisabled students.	20212

(C) "Separately educated ~~handicapped~~ student with a	20213
disability" means a ~~handicapped~~ child with a disability who has an	20214
individualized education program providing for the student to	20215
spend at least half of each school day in a class or setting	20216
separated from ~~nonhandicapped~~nondisabled students.	20217

(D) "Low-income family" means a family whose income is below	20218
the level which the superintendent of public instruction shall	20219
establish.	20220

(E) "Parent" has the same meaning as in section 3313.98 of	20221
the Revised Code.	20222

(F) "Registered private school" means a school registered	20223
with the superintendent of public instruction pursuant to section	20224
3313.976 of the Revised Code.	20225

(G) "Alternative school" means a registered private school	20226
located in a school district or a public school located in an	20227
adjacent school district.	20228

(H) "Tutorial assistance" means instructional services	20229
provided to a student outside of regular school hours approved by	20230
the commission on school choice pursuant to section 3313.976 of	20231
the Revised Code.	20232

Sec. 3313.977. (A)(1) Each registered private school shall	20233
admit students to kindergarten and first, second, and third grades	20234
in accordance with the following priorities:	20235

(a) Students who were enrolled in the school during the	20236
preceding year;	20237

(b) Siblings of students enrolled in the school during the	20238
preceding year, at the discretion of the school;	20239

(c) Children from low-income families attending school or	20240
residing in the school district in which the school is located	20241
until the number of such students in each grade equals the number	20242
that constituted twenty per cent of the total number of students	20243
enrolled in the school during the preceding year in such grade.	20244
Admission of such twenty per cent shall be by lot from among all	20245
low-income family applicants who apply prior to the fifteenth day	20246
of February prior to admission.	20247

(d) All other applicants residing anywhere, provided that all	20248
remaining available spaces shall be filled from among such	20249
applicants by lot.	20250

Children from low-income families not selected by lot under	20251
division (A)(1)(c) of this section shall be included in the	20252
lottery of all remaining applicants pursuant to division (A)(1)(d)	20253
of this section.	20254

(2) Each registered private school shall first admit to	20255
grades four through twelve students who were enrolled in the	20256
school during the preceding year. Any remaining spaces for	20257
students in these grades may be filled as determined by the	20258
school.	20259

(B) Notwithstanding division (A) of this section, except	20260
where otherwise prohibited by federal law, a registered private	20261
school may elect to admit students of only one gender and may deny	20262
admission to any separately educated ~~handicapped~~ student with a	20263
disability.	20264

(C) If a scholarship student who has been accepted in	20265
accordance with this section fails to enroll in the school for any	20266
reason or withdraws from the school during the school year for any	20267
reason, the school may elect to replace such student with another	20268
scholarship student only by first offering the admission to any	20269
low-income scholarship students who filed applications by the	20270
preceding fifteenth day of February and who were not accepted at	20271
that time due to space limitations.	20272

Sec. 3313.978. (A) Annually by the first day of November,	20273
the superintendent of public instruction shall notify the pilot	20274
project school district of the number of initial scholarships that	20275
the state superintendent will be awarding in each of grades	20276
kindergarten through eight.	20277

The state superintendent shall provide information about the	20278
scholarship program to all students residing in the district,	20279
shall accept applications from any such students until such date	20280
as shall be established by the state superintendent as a deadline	20281
for applications, and shall establish criteria for the selection	20282
of students to receive scholarships from among all those applying	20283
prior to the deadline, which criteria shall give preference to	20284
students from low-income families. For each student selected, the	20285
state superintendent shall also determine whether the student	20286
qualifies for seventy-five or ninety per cent of the scholarship	20287
amount. Students whose family income is at or above two hundred	20288
per cent of the maximum income level established by the state	20289
superintendent for low-income families shall qualify for	20290
seventy-five per cent of the scholarship amount and students whose	20291
family income is below two hundred per cent of that maximum income	20292
level shall qualify for ninety per cent of the scholarship amount.	20293
The state superintendent shall notify students of their selection	20294
prior to the fifteenth day of January and whether they qualify for	20295
seventy-five or ninety per cent of the scholarship amount.	20296

(1) A student receiving a pilot project scholarship may	20297
utilize it at an alternative public school by notifying the	20298
district superintendent, at any time before the beginning of the	20299
school year, of the name of the public school in an adjacent	20300
school district to which the student has been accepted pursuant to	20301
section 3327.06 of the Revised Code.	20302

(2) A student may decide to utilize a pilot project	20303
scholarship at a registered private school in the district if all	20304
of the following conditions are met:	20305

(a) By the fifteenth day of February of the preceding school	20306
year, or at any time prior to the start of the school year, the	20307
parent makes an application on behalf of the student to a	20308
registered private school.	20309

(b) The registered private school notifies the parent and the	20310
state superintendent as follows that the student has been	20311
admitted:	20312

(i) By the fifteenth day of March of the preceding school	20313
year if the student filed an application by the fifteenth day of	20314
February and was admitted by the school pursuant to division (A)	20315
of section 3313.977 of the Revised Code;	20316

(ii) Within one week of the decision to admit the student if	20317
the student is admitted pursuant to division (C) of section	20318
3313.977 of the Revised Code.	20319

(c) The student actually enrolls in the registered private	20320
school to which the student was first admitted or in another	20321
registered private school in the district or in a public school in	20322
an adjacent school district.	20323

(B) The state superintendent shall also award in any school	20324
year tutorial assistance grants to a number of students equal to	20325
the number of students who receive scholarships under division (A)	20326
of this section. Tutorial assistance grants shall be awarded	20327
solely to students who are enrolled in the public schools of the	20328
district in a grade level covered by the pilot project. Tutorial	20329
assistance grants may be used solely to obtain tutorial assistance	20330
from a provider approved pursuant to division (D) of section	20331
3313.976 of the Revised Code.	20332

All students wishing to obtain tutorial assistance grants	20333
shall make application to the state superintendent by the first	20334
day of the school year in which the assistance will be used. The	20335
state superintendent shall award assistance grants in accordance	20336
with criteria the superintendent shall establish. For each student	20337
awarded a grant, the state superintendent shall also determine	20338
whether the student qualifies for seventy-five or ninety per cent	20339
of the grant amount and so notify the student. Students whose	20340
family income is at or above two hundred per cent of the maximum	20341
income level established by the state superintendent for	20342
low-income families shall qualify for seventy-five per cent of the	20343
grant amount and students whose family income is below two hundred	20344
per cent of that maximum income level shall qualify for ninety per	20345
cent of the grant amount.	20346

(C)(1) In the case of basic scholarships for students in	20347
grades kindergarten through eight, the scholarship amount shall	20348
not exceed the lesser of the tuition charges of the alternative	20349
school the scholarship recipient attends or three thousand	20350
dollars before fiscal year 2007 and three thousand four hundred	20351
fifty dollars in fiscal year 2007 and thereafter.	20352

In the case of basic scholarships for students in grades nine	20353
through twelve, the scholarship amount shall not exceed the lesser	20354
of the tuition charges of the alternative school the scholarship	20355
recipient attends or two thousand seven hundred dollars before	20356
fiscal year 2007 and three thousand four hundred fifty dollars in	20357
fiscal year 2007 and thereafter.	20358

(2) The state superintendent shall provide for an increase in	20359
the basic scholarship amount in the case of any student who is a	20360
mainstreamed ~~handicapped~~ student with a disability and shall	20361
further increase such amount in the case of any separately	20362
educated ~~handicapped child~~student with a disability. Such	20363
increases shall take into account the instruction, related	20364
services, and transportation costs of educating such students.	20365

(3) In the case of tutorial assistance grants, the grant	20366
amount shall not exceed the lesser of the provider's actual	20367
charges for such assistance or:	20368

(a) Before fiscal year 2007, a percentage established by the	20369
state superintendent, not to exceed twenty per cent, of the amount	20370
of the pilot project school district's average basic scholarship	20371
amount;	20372

(b) In fiscal year 2007 and thereafter, four hundred dollars.

20373

(4) No scholarship or tutorial assistance grant shall be	20374
awarded unless the state superintendent determines that	20375
twenty-five or ten per cent, as applicable, of the amount	20376
specified for such scholarship or grant pursuant to division	20377
(C)(1), (2), or (3) of this section will be furnished by a	20378
political subdivision, a private nonprofit or for profit entity,	20379
or another person. Only seventy-five or ninety per cent of such	20380
amounts, as applicable, shall be paid from state funds pursuant to	20381
section 3313.979 of the Revised Code.	20382

(D)(1) Annually by the first day of November, the state	20383
superintendent shall estimate the maximum per-pupil scholarship	20384
amounts for the ensuing school year. The state superintendent	20385
shall make this estimate available to the general public at the	20386
offices of the district board of education together with the forms	20387
required by division (D)(2) of this section.	20388

(2) Annually by the fifteenth day of January, the chief	20389
administrator of each registered private school located in the	20390
pilot project district and the principal of each public school in	20391
such district shall complete a parental information form and	20392
forward it to the president of the board of education. The	20393
parental information form shall be prescribed by the department of	20394
education and shall provide information about the grade levels	20395
offered, the numbers of students, tuition amounts, achievement	20396
test results, and any sectarian or other organizational	20397
affiliations.	20398

Sec. 3313.98. Notwithstanding division (D) of section	20399
3311.19 and division (D) of section 3311.52 of the Revised Code,	20400
the provisions of this section and sections 3313.981 to 3313.983	20401
of the Revised Code that apply to a city school district do not	20402
apply to a joint vocational or cooperative education school	20403
district unless expressly specified.	20404

(A) As used in this section and sections 3313.981 to 3313.983	20405
of the Revised Code:	20406

(1) "Parent" means either of the natural or adoptive parents	20407
of a student, except under the following conditions:	20408

(a) When the marriage of the natural or adoptive parents of	20409
the student has been terminated by a divorce, dissolution of	20410
marriage, or annulment or the natural or adoptive parents of the	20411
student are living separate and apart under a legal separation	20412
decree and the court has issued an order allocating the parental	20413
rights and responsibilities with respect to the student, "parent"	20414
means the residential parent as designated by the court except	20415
that "parent" means either parent when the court issues a shared	20416
parenting decree.	20417

(b) When a court has granted temporary or permanent custody	20418
of the student to an individual or agency other than either of the	20419
natural or adoptive parents of the student, "parent" means the	20420
legal custodian of the child.	20421

(c) When a court has appointed a guardian for the student,	20422
"parent" means the guardian of the student.	20423

(2) "Native student" means a student entitled under section	20424
3313.64 or 3313.65 of the Revised Code to attend school in a	20425
district adopting a resolution under this section.	20426

(3) "Adjacent district" means a city, exempted village, or	20427
local school district having territory that abuts the territory of	20428
a district adopting a resolution under this section.	20429

(4) "Adjacent district student" means a student entitled	20430
under section 3313.64 or 3313.65 of the Revised Code to attend	20431
school in an adjacent district.	20432

(5) "Adjacent district joint vocational student" means an	20433
adjacent district student who enrolls in a city, exempted village,	20434
or local school district pursuant to this section and who also	20435
enrolls in a joint vocational school district that does not	20436
contain the territory of the district for which that student is a	20437
native student and does contain the territory of the city,	20438
exempted village, or local district in which the student enrolls.	20439

(6) "Formula amount" has the same meaning as in section	20440
3317.02 of the Revised Code.	20441

(7) "Adjusted formula amount" means the ~~greater of the~~	20442
~~following:~~	20443

~~(a) The fiscal year 2005 formula amount multiplied by the~~	20444
~~fiscal year 2005 cost-of-doing-business factor for a district~~	20445
~~defined in the version of section 3317.02 of the Revised Code in~~	20446
~~effect that year;~~	20447

~~(b) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	20448
~~cost-of-doing-business factor as defined in section 3317.02 of the~~	20449
~~Revised Code)~~ plus the per pupil amount of the base funding	20450
supplements specified in divisions (C)(1) to (4) of section	20451
3317.012 of the Revised Code.	20452

(8) "Poverty line" means the poverty line established by the	20453
director of the United States office of management and budget as	20454
revised by the director of the office of community services in	20455
accordance with section 673(2) of the "Community Services Block	20456
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	20457

(9) "IEP" ~~means an individualized education program defined~~	20458
~~by division (E) of~~has the same meaning as in section 3323.01 of	20459
the Revised Code.	20460

(10) "Other district" means a city, exempted village, or	20461
local school district having territory outside of the territory of	20462
a district adopting a resolution under this section.	20463

(11) "Other district student" means a student entitled under	20464
section 3313.64 or 3313.65 of the Revised Code to attend school in	20465
an other district.	20466

(12) "Other district joint vocational student" means a	20467
student who is enrolled in any city, exempted village, or local	20468
school district and who also enrolls in a joint vocational school	20469
district that does not contain the territory of the district for	20470
which that student is a native student in accordance with a policy	20471
adopted under section 3313.983 of the Revised Code.	20472

(B)(1) The board of education of each city, local, and	20473
exempted village school district shall adopt a resolution	20474
establishing for the school district one of the following	20475
policies:	20476

(a) A policy that entirely prohibits the enrollment of	20477
students from adjacent districts or other districts, other than	20478
students for whom tuition is paid in accordance with section	20479
3317.08 of the Revised Code;	20480

(b) A policy that permits enrollment of students from all	20481
adjacent districts in accordance with policy statements contained	20482
in the resolution;	20483

(c) A policy that permits enrollment of students from all	20484
other districts in accordance with policy statements contained in	20485
the resolution.	20486

(2) A policy permitting enrollment of students from adjacent	20487
or from other districts, as applicable, shall provide for all of	20488
the following:	20489

(a) Application procedures, including deadlines for	20490
application and for notification of students and the	20491
superintendent of the applicable district whenever an adjacent or	20492
other district student's application is approved.	20493

(b) Procedures for admitting adjacent or other district	20494
applicants free of any tuition obligation to the district's	20495
schools, including, but not limited to:	20496

(i) The establishment of district capacity limits by grade	20497
level, school building, and education program;	20498

(ii) A requirement that all native students wishing to be	20499
enrolled in the district will be enrolled and that any adjacent or	20500
other district students previously enrolled in the district shall	20501
receive preference over first-time applicants;	20502

(iii) Procedures to ensure that an appropriate racial balance	20503
is maintained in the district schools.	20504

(C) Except as provided in section 3313.982 of the Revised	20505
Code, the procedures for admitting adjacent or other district	20506
students, as applicable, shall not include:	20507

(1) Any requirement of academic ability, or any level of	20508
athletic, artistic, or other extracurricular skills;	20509

(2) Limitations on admitting applicants because of	20510
~~handicapping conditions~~disability, except that a board may refuse	20511
to admit a student receiving services under Chapter 3323. of the	20512
Revised Code, if the services described in the student's IEP are	20513
not available in the district's schools;	20514

(3) A requirement that the student be proficient in the	20515
English language;	20516

(4) Rejection of any applicant because the student has been	20517
subject to disciplinary proceedings, except that if an applicant	20518
has been suspended or expelled by the student's district for ten	20519
consecutive days or more in the term for which admission is sought	20520
or in the term immediately preceding the term for which admission	20521
is sought, the procedures may include a provision denying	20522
admission of such applicant.	20523

(D)(1) Each school board permitting only enrollment of	20524
adjacent district students shall provide information about the	20525
policy adopted under this section, including the application	20526
procedures and deadlines, to the superintendent and the board of	20527
education of each adjacent district and, upon request, to the	20528
parent of any adjacent district student.	20529

(2) Each school board permitting enrollment of other district	20530
students shall provide information about the policy adopted under	20531
this section, including the application procedures and deadlines,	20532
upon request, to the board of education of any other school	20533
district or to the parent of any student anywhere in the state.	20534

(E) Any school board shall accept all credits toward	20535
graduation earned in adjacent or other district schools by an	20536
adjacent or other district student or a native student.	20537

(F)(1) No board of education may adopt a policy discouraging	20538
or prohibiting its native students from applying to enroll in the	20539
schools of an adjacent or any other district that has adopted a	20540
policy permitting such enrollment, except that:	20541

(a) A district may object to the enrollment of a native	20542
student in an adjacent or other district in order to maintain an	20543
appropriate racial balance.	20544

(b) The board of education of a district receiving funds	20545
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	20546
may adopt a resolution objecting to the enrollment of its native	20547
students in adjacent or other districts if at least ten per cent	20548
of its students are included in the determination of the United	20549
States secretary of education made under section 20 U.S.C.A.	20550
238(a).	20551

(2) If a board objects to enrollment of native students under	20552
this division, any adjacent or other district shall refuse to	20553
enroll such native students unless tuition is paid for the	20554
students in accordance with section 3317.08 of the Revised Code.	20555
An adjacent or other district enrolling such students may not	20556
receive funding for those students in accordance with section	20557
3313.981 of the Revised Code.	20558

(G) The state board of education shall monitor school	20559
districts to ensure compliance with this section and the	20560
districts' policies. The board may adopt rules requiring uniform	20561
application procedures, deadlines for application, notification	20562
procedures, and record-keeping requirements for all school boards	20563
that adopt policies permitting the enrollment of adjacent or other	20564
district students, as applicable. If the state board adopts such	20565
rules, no school board shall adopt a policy that conflicts with	20566
those rules.	20567

(H) A resolution adopted by a board of education under this	20568
section that entirely prohibits the enrollment of students from	20569
adjacent and from other school districts does not abrogate any	20570
agreement entered into under section 3313.841 or 3313.92 of the	20571
Revised Code or any contract entered into under section 3313.90 of	20572
the Revised Code between the board of education adopting the	20573
resolution and the board of education of any adjacent or other	20574
district or prohibit these boards of education from entering into	20575
any such agreement or contract.	20576

(I) Nothing in this section shall be construed to permit or	20577
require the board of education of a city, exempted village, or	20578
local school district to exclude any native student of the	20579
district from enrolling in the district.	20580

Sec. 3313.983. (A) The board of education of each joint	20581
vocational school district shall adopt a policy pertaining to	20582
enrollment of students who, upon enrollment, will be adjacent	20583
district joint vocational students except that, in lieu of such a	20584
policy, a board may adopt a policy pertaining to enrollment of	20585
students who, upon enrollment, will be other district joint	20586
vocational students. Any such policy to enroll other district	20587
joint vocational students shall apply beginning with the school	20588
year that commences July 1, 1998.	20589

A policy adopted under this section shall provide for all of	20590
the following:	20591

(1) Application procedures, including procedures for	20592
notifying any future adjacent district or other district joint	20593
vocational students, as applicable, and the superintendent of the	20594
city, exempted village, or local school districts in which they	20595
are also enrolled whenever their applications are approved;	20596

(2) Procedures for admitting to the district applicants who	20597
will be, as applicable, adjacent district or other district joint	20598
vocational students, including, but not limited to:	20599

(a) The establishment of district capacity limits by grade	20600
level, school building, and education program;	20601

(b) A requirement that all students entitled under section	20602
3313.64 or 3313.65 of the Revised Code to attend school in a	20603
district that has territory in the joint vocational school	20604
district will be enrolled in the district ahead of any adjacent	20605
district or other district joint vocational students;	20606

(c) A requirement that any previously enrolled adjacent	20607
district or other district joint vocational student, as	20608
applicable, shall receive preference over first-time applicants to	20609
become adjacent district or other district joint vocational	20610
students.	20611

(B) The procedures for admitting students who will be, as	20612
applicable, adjacent district or other district joint vocational	20613
students shall not include:	20614

(1) Any requirement of academic ability, or any level of	20615
athletic, artistic, or other extracurricular skills;	20616

(2) Limitations on admitting applicants because of	20617
~~handicapping conditions~~disability, except that a board may refuse	20618
to admit an applicant receiving services under Chapter 3323. of	20619
the Revised Code if the services described in the student's IEP	20620
are not available in the district;	20621

(3) A requirement that the student be proficient in the	20622
English language;	20623

(4) Rejection of any applicant because the student has been	20624
subject to disciplinary proceedings, except that if an applicant	20625
has been suspended or expelled by any school district for ten	20626
consecutive days or more in the term for which admission is sought	20627
or in the term immediately preceding the term for which admission	20628
is sought, the procedures may include a provision denying	20629
admission of such applicant.	20630

(C) The board of education of each joint vocational school	20631
district shall provide information about the policy it adopts	20632
under this section, including the application procedures, to the	20633
superintendent and the board of education of each city, exempted	20634
village, and local school district with territory in the district	20635
and, upon request, to the parent of any student who could become,	20636
as applicable, an adjacent district or other district joint	20637
vocational student of the district.	20638

Sec. 3314.015. (A) The department of education shall be	20639
responsible for the oversight of sponsors of the community schools	20640
established under this chapter and shall provide technical	20641
assistance to schools and sponsors in their compliance with	20642
applicable laws and the terms of the contracts entered into under	20643
section 3314.03 of the Revised Code and in the development and	20644
start-up activities of those schools. In carrying out its duties	20645
under this section, the department shall do all of the following:	20646

(1) In providing technical assistance to proposing parties,	20647
governing authorities, and sponsors, conduct training sessions and	20648
distribute informational materials;	20649

(2) Approve entities to be sponsors of community schools and	20650
monitor the effectiveness of those sponsors in their oversight of	20651
the schools with which they have contracted;	20652

(3) By December thirty-first of each year, issue a report to	20653
the governor, the speaker of the house of representatives, the	20654
president of the senate, and the chairpersons of the house and	20655
senate committees principally responsible for education matters	20656
regarding the effectiveness of academic programs, operations, and	20657
legal compliance and of the financial condition of all community	20658
schools established under this chapter;	20659

(4) From time to time, make legislative recommendations to	20660
the general assembly designed to enhance the operation and	20661
performance of community schools.	20662

(B)(1) No entity listed in division (C)(1) of section 3314.02	20663
of the Revised Code shall enter into a preliminary agreement under	20664
division (C)(2) of section 3314.02 of the Revised Code until it	20665
has received approval from the department of education to sponsor	20666
community schools under this chapter and has entered into a	20667
written agreement with the department regarding the manner in	20668
which the entity will conduct such sponsorship. The department	20669
shall adopt in accordance with Chapter 119. of the Revised Code	20670
rules containing criteria, procedures, and deadlines for	20671
processing applications for such approval, for oversight of	20672
sponsors, for revocation of the approval of sponsors, and for	20673
entering into written agreements with sponsors. The rules shall	20674
require an entity to submit evidence of the entity's ability and	20675
willingness to comply with the provisions of division (D) of	20676
section 3314.03 of the Revised Code. The rules also shall require	20677
entities approved as sponsors on and after June 30, 2005, to	20678
demonstrate a record of financial responsibility and successful	20679
implementation of educational programs. If an entity seeking	20680
approval on or after June 30, 2005, to sponsor community schools	20681
in this state sponsors or operates schools in another state, at	20682
least one of the schools sponsored or operated by the entity must	20683
be comparable to or better than the performance of Ohio schools in	20684
~~a state of academic watch~~need of continuous improvement under	20685
section 3302.03 of the Revised Code, as determined by the	20686
department.	20687

An entity that sponsors community schools may enter into	20688
preliminary agreements and sponsor schools as follows, provided	20689
each school and the contract for sponsorship meets the	20690
requirements of this chapter:	20691

(a) An entity that sponsored fifty or fewer schools that were	20692
open for operation as of May 1, 2005, may sponsor not more than	20693
fifty schools.	20694

(b) An entity that sponsored more than fifty but not more	20695
than seventy-five schools that were open for operation as of May	20696
1, 2005, may sponsor not more than the number of schools the	20697
entity sponsored that were open for operation as of May 1, 2005.	20698

(c) Until June 30, 2006, an entity that sponsored more than	20699
seventy-five schools that were open for operation as of May 1,	20700
2005, may sponsor not more than the number of schools the entity	20701
sponsored that were open for operation as of May 1, 2005. After	20702
June 30, 2006, such an entity may sponsor not more than	20703
seventy-five schools.	20704

Upon approval of an entity to be a sponsor under this	20705
division, the department shall notify the entity of the number of	20706
schools the entity may sponsor.	20707

The limit imposed on an entity to which division (B)(1) of	20708
this section applies shall be decreased by one for each school	20709
sponsored by the entity that permanently closes.	20710

If at any time an entity exceeds the number of schools it may	20711
sponsor under this division, the department shall assist the	20712
schools in excess of the entity's limit in securing new sponsors.	20713
If a school is unable to secure a new sponsor, the department	20714
shall assume sponsorship of the school in accordance with division	20715
(C) of this section. Those schools for which another sponsor or	20716
the department assumes sponsorship shall be the schools that most	20717
recently entered into contracts with the entity under section	20718
3314.03 of the Revised Code.	20719

(2) The department of education shall determine, pursuant to	20720
criteria adopted by rule of the department, whether the mission	20721
proposed to be specified in the contract of a community school to	20722
be sponsored by a state university board of trustees or the	20723
board's designee under division (C)(1)(e) of section 3314.02 of	20724
the Revised Code complies with the requirements of that division.	20725
Such determination of the department is final.	20726

(3) The department of education shall determine, pursuant to	20727
criteria adopted by rule of the department, if any tax-exempt	20728
entity under section 501(c)(3) of the Internal Revenue Code that	20729
is proposed to be a sponsor of a community school is an	20730
education-oriented entity for purpose of satisfying the condition	20731
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	20732
Revised Code. Such determination of the department is final.	20733

(C) If at any time the state board of education finds that a	20734
sponsor is not in compliance or is no longer willing to comply	20735
with its contract with any community school or with the	20736
department's rules for sponsorship, the state board or designee	20737
shall conduct a hearing in accordance with Chapter 119. of the	20738
Revised Code on that matter. If after the hearing, the state board	20739
or designee has confirmed the original finding, the department of	20740
education may revoke the sponsor's approval to sponsor community	20741
schools and may assume the sponsorship of any schools with which	20742
the sponsor has contracted until the earlier of the expiration of	20743
two school years or until a new sponsor as described in division	20744
(C)(1) of section 3314.02 of the Revised Code is secured by the	20745
school's governing authority. The department may extend the term	20746
of the contract in the case of a school for which it has assumed	20747
sponsorship under this division as necessary to accommodate the	20748
term of the department's authorization to sponsor the school	20749
specified in this division.	20750

(D) The decision of the department to disapprove an entity	20751
for sponsorship of a community school or to revoke approval for	20752
such sponsorship, as provided in division (C) of this section, may	20753
be appealed by the entity in accordance with section 119.12 of the	20754
Revised Code.	20755

(E) The department shall adopt procedures for use by a	20756
community school governing authority and sponsor when the school	20757
permanently closes and ceases operation, which shall include at	20758
least procedures for data reporting to the department, handling of	20759
student records, distribution of assets in accordance with section	20760
3314.074 of the Revised Code, and other matters related to ceasing	20761
operation of the school.	20762

(F) In carrying out its duties under this chapter, the	20763
department shall not impose requirements on community schools or	20764
their sponsors that are not permitted by law or duly adopted	20765
rules.	20766

Sec. 3314.016. (A) After June 30, 2007, a new start-up	20767
school may be established under this chapter only if the school's	20768
governing authority enters into a contract with an operator that	20769
manages other schools in the United States that perform at a level	20770
higher than academic watch. The governing authority of the	20771
community school may sign a contract with an operator only if the	20772
operator has fewer contracts with the governing authorities of new	20773
start-up schools established under this chapter after June 30,	20774
2007, than the number of schools managed by the operator in the	20775
United States that perform at a level higher than academic watch,	20776
as determined by the department of education.	20777

(B) Notwithstanding division (A) of this section, the	20778
governing authority of a start-up school sponsored by an entity	20779
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	20780
Revised Code may establish one additional school serving the same	20781
grade levels and providing the same educational program as the	20782
current start-up school and may open that additional school in the	20783
2007-2008 school year, if both of the following conditions are	20784
met:	20785

(1) The governing authority entered into another contract	20786
with the same sponsor or a different sponsor described in	20787
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	20788
and filed a copy of that contract with the superintendent of	20789
public instruction prior to March 15, 2006.	20790

(2) The governing authority's current school satisfies all of	20791
the following conditions:	20792

(a) The school currently is rated as excellent or effective	20793
pursuant to section 3302.03 of the Revised Code.	20794

(b) The school made adequate yearly progress, as defined in	20795
section 3302.01 of the Revised Code, for the previous school year.	20796

(c) The school has been in operation for at least four school	20797
years.	20798

(d) The school is not managed by an operator.

20799

Sec. 3314.017. Notwithstanding division (A) of section	20800
3314.016 of the Revised Code, the governing authority of a	20801
start-up school sponsored by an entity described in divisions	20802
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may	20803
establish one additional start-up school that is located in the	20804
same school district as the current start-up school, regardless of	20805
whether that district is a challenged school district as otherwise	20806
required by division (C)(1) of section 3314.02 of the Revised	20807
Code, and that provides a general educational program to students	20808
in grades kindergarten through six to facilitate their transition	20809
to the current start-up school, and may open the additional	20810
start-up school in the 2008-2009 school year, if both of the	20811
following conditions are met:	20812

(A) The governing authority enters into another contract with	20813
the same sponsor, which is hereby authorized to sponsor the	20814
additional start-up school and to continue that sponsorship as	20815
long as the entity sponsors the current start-up school, and files	20816
a copy of the contract with the superintendent of public	20817
instruction prior to March 15, 2008.	20818

(B) The governing authority's current school satisfies all of	20819
the following conditions:	20820

(1) The school was rated excellent or effective pursuant to	20821
section 3302.03 of the Revised Code for three of the four school	20822
years beginning with the 2002-2003 school year and ending with the	20823
2005-2006 school year.	20824

(2) The school made adequate yearly progress, as defined in	20825
section 3302.01 of the Revised Code, for each of the four school	20826
years beginning with the 2002-2003 school year and ending with the	20827
2005-2006 school year.	20828

(3) The school was recognized by the superintendent of public	20829
instruction as a school of promise for three of the four school	20830
years beginning with the 2002-2003 school year and ending with the	20831
2005-2006 school year.	20832

(4) The school has been in operation for at least five school	20833
years.	20834

(5) The school is not managed by an operator.

20835

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

20836

(1) "Sponsor" means an entity listed in division (C)(1) of	20837
this section, which has been approved by the department of	20838
education to sponsor community schools and with which the	20839
governing authority of the proposed community school enters into a	20840
contract pursuant to this section.	20841

(2) "Pilot project area" means the school districts included	20842
in the territory of the former community school pilot project	20843
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	20844
the 122nd general assembly.	20845

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

20846

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

20847

(b) A school district that is either in a state of academic	20848
emergency or in a state of academic watch under section 3302.03 of	20849
the Revised Code;	20850

20851

(4) "Big eight school district" means a school district that	20852
for fiscal year 1997 had both of the following:	20853

(a) A percentage of children residing in the district and	20854
participating in the predecessor of Ohio works first greater than	20855
thirty per cent, as reported pursuant to section 3317.10 of the	20856
Revised Code;	20857

(b) An average daily membership greater than twelve thousand,	20858
as reported pursuant to former division (A) of section 3317.03 of	20859
the Revised Code.	20860

(5) "New start-up school" means a community school other than	20861
one created by converting all or part of an existing public	20862
school, as designated in the school's contract pursuant to	20863
division (A)(17) of section 3314.03 of the Revised Code.	20864

(6) "Urban school district" means one of the state's	20865
twenty-one urban school districts as defined in division (O) of	20866
section 3317.02 of the Revised Code as that section existed prior	20867
to July 1, 1998.	20868

(7) "Internet- or computer-based community school" means a	20869
community school established under this chapter in which the	20870
enrolled students work primarily from their residences on	20871
assignments in nonclassroom-based learning opportunities provided	20872
via an internet- or other computer-based instructional method that	20873
does not rely on regular classroom instruction or via	20874
comprehensive instructional methods that include internet-based,	20875
other computer-based, and noncomputer-based learning	20876
opportunities.	20877

(B) Any person or group of individuals may initially propose	20878
under this division the conversion of all or a portion of a public	20879
school to a community school. The proposal shall be made to the	20880
board of education of the city, local, or exempted village school	20881
district in which the public school is proposed to be converted.	20882
Upon receipt of a proposal, a board may enter into a preliminary	20883
agreement with the person or group proposing the conversion of the	20884
public school, indicating the intention of the board of education	20885
to support the conversion to a community school. A proposing	20886
person or group that has a preliminary agreement under this	20887
division may proceed to finalize plans for the school, establish a	20888
governing authority for the school, and negotiate a contract with	20889
the board of education. Provided the proposing person or group	20890
adheres to the preliminary agreement and all provisions of this	20891
chapter, the board of education shall negotiate in good faith to	20892
enter into a contract in accordance with section 3314.03 of the	20893
Revised Code and division (C) of this section.	20894

(C)(1) Any person or group of individuals may propose under	20895
this division the establishment of a new start-up school to be	20896
located in a challenged school district. The proposal may be made	20897
to any of the following entities:	20898

(a) The board of education of the district in which the	20899
school is proposed to be located;	20900

(b) The board of education of any joint vocational school	20901
district with territory in the county in which is located the	20902
majority of the territory of the district in which the school is	20903
proposed to be located;	20904

(c) The board of education of any other city, local, or	20905
exempted village school district having territory in the same	20906
county where the district in which the school is proposed to be	20907
located has the major portion of its territory;	20908

(d) The governing board of any educational service center, as	20909
long as the proposed school will be located in a county within the	20910
territory of the service center or in a county contiguous to such	20911
county;	20912

(e) A sponsoring authority designated by the board of	20913
trustees of any of the thirteen state universities listed in	20914
section 3345.011 of the Revised Code or the board of trustees	20915
itself as long as a mission of the proposed school to be specified	20916
in the contract under division (A)(2) of section 3314.03 of the	20917
Revised Code and as approved by the department of education under	20918
division (B)(2) of section 3314.015 of the Revised Code will be	20919
the practical demonstration of teaching methods, educational	20920
technology, or other teaching practices that are included in the	20921
curriculum of the university's teacher preparation program	20922
approved by the state board of education;	20923

(f) Any qualified tax-exempt entity under section 501(c)(3)	20924
of the Internal Revenue Code as long as all of the following	20925
conditions are satisfied:	20926

(i) The entity has been in operation for at least five years	20927
prior to applying to be a community school sponsor.	20928

(ii) The entity has assets of at least five hundred thousand	20929
dollars and a demonstrated record of financial responsibility.	20930

(iii) The department of education has determined that the	20931
entity is an education-oriented entity under division (B)(3) of	20932
section 3314.015 of the Revised Code and the entity has a	20933
demonstrated record of successful implementation of educational	20934
programs.	20935

(iv) The entity is not a community school.

20936

Any entity described in division (C)(1) of this section may	20937
enter into a preliminary agreement pursuant to division (C)(2) of	20938
this section with the proposing person or group.	20939

(2) A preliminary agreement indicates the intention of an	20940
entity described in division (C)(1) of this section to sponsor the	20941
community school. A proposing person or group that has such a	20942
preliminary agreement may proceed to finalize plans for the	20943
school, establish a governing authority as described in division	20944
(E) of this section for the school, and negotiate a contract with	20945
the entity. Provided the proposing person or group adheres to the	20946
preliminary agreement and all provisions of this chapter, the	20947
entity shall negotiate in good faith to enter into a contract in	20948
accordance with section 3314.03 of the Revised Code.	20949

(3) A new start-up school that is established in a school	20950
district while that district is either in a state of academic	20951
emergency or in a state of academic watch under section 3302.03 of	20952
the Revised Code may continue in existence once the school	20953
district is no longer in a state of academic emergency or academic	20954
watch, provided there is a valid contract between the school and a	20955
sponsor.	20956

(4) A copy of every preliminary agreement entered into under	20957
this division shall be filed with the superintendent of public	20958
instruction.	20959

(D) A majority vote of the board of a sponsoring entity and a	20960
majority vote of the members of the governing authority of a	20961
community school shall be required to adopt a contract and convert	20962
the public school to a community school or establish the new	20963
start-up school. Beginning September 29, 2005, adoption of the	20964
contract shall occur not later than the fifteenth day of March,	20965
and signing of the contract shall occur not later than the	20966
fifteenth day of May, prior to the school year in which the school	20967
will open. The governing authority shall notify the department of	20968
education when the contract has been signed. Subject to sections	20969
3314.013 ~~and~~, 3314.014, 3314.016, and 3314.017 of the Revised	20970
Code, an unlimited number of community schools may be established	20971
in any school district provided that a contract is entered into	20972
for each community school pursuant to this chapter.	20973

(E)(1) As used in this division, "immediate relatives" are	20974
limited to spouses, children, parents, grandparents, siblings, and	20975
in-laws.	20976

Each new start-up community school established under this	20977
chapter shall be under the direction of a governing authority	20978
which shall consist of a board of not less than five individuals .	20979

No person shall serve on the governing authority or operate	20980
the community school under contract with the governing authority	20981
so long as the person owes the state any money or is in a dispute	20982
over whether the person owes the state any money concerning the	20983
operation of a community school that has closed.	20984

(2) No person shall serve on the governing authorities of	20985
more than two start-up community schools at the same time.	20986

(3) No present or former member, or immediate relative of a	20987
present or former member, of the governing authority of any	20988
community school established under this chapter shall be an owner,	20989
employee, or consultant of any nonprofit or for-profit operator of	20990
a community school, ~~as defined in section 3314.014 of the Revised~~	20991
~~Code,~~ unless at least one year has elapsed since the conclusion of	20992
the person's membership.	20993

(F) Nothing in this chapter shall be construed to permit the	20994
establishment of a community school in more than one school	20995
district under the same contract.	20996

(G)(1) A new start-up school that is established prior to	20997
August 15, 2003, in an urban school district that is not also a	20998
big-eight school district may continue to operate after that date	20999
and the contract between the school's governing authority and the	21000
school's sponsor may be renewed, as provided under this chapter,	21001
after that date, but no additional new start-up schools may be	21002
established in such a district unless the district is a challenged	21003
school district as defined in this section as it exists on and	21004
after that date.	21005

(2) A community school that was established prior to June 29,	21006
1999, and is located in a county contiguous to the pilot project	21007
area and in a school district that is not a challenged school	21008
district may continue to operate after that date, provided the	21009
school complies with all provisions of this chapter. The contract	21010
between the school's governing authority and the school's sponsor	21011
may be renewed, but no additional start-up community school may be	21012
established in that district unless the district is a challenged	21013
school district.	21014

(3) Any educational service center that, on the effective	21015
date of this amendment, sponsors a community school that is not	21016
located in a county within the territory of the service center or	21017
in a county contiguous to such county may continue to sponsor that	21018
community school on and after the effective date of this amendment	21019
and may renew its contract with the school. However, the	21020
educational service center shall not enter into a contract with	21021
any additional community school unless the school is located in a	21022
county within the territory of the service center or in a county	21023
contiguous to such county.	21024

Sec. 3314.06. The governing authority of each community	21025
school established under this chapter shall adopt admission	21026
procedures that specify the following:	21027

(A) That except as otherwise provided in this section,	21028
admission to the school shall be open to any individual age five	21029
to twenty-two entitled to attend school pursuant to section	21030
3313.64 or 3313.65 of the Revised Code in a school district in the	21031
state.	21032

(B)(1) That admission to the school may be limited to	21033
students who have attained a specific grade level or are within a	21034
specific age group; to students that meet a definition of	21035
"at-risk," as defined in the contract; to residents of a specific	21036
geographic area within the district, as defined in the contract;	21037
or to separate groups of autistic students and ~~nonhandicapped~~	21038
nondisabled students, as authorized in section 3314.061 of the	21039
Revised Code and as defined in the contract.	21040

(2) For purposes of division (B)(1) of this section,	21041
"at-risk" students may include those students identified as gifted	21042
students under section 3324.03 of the Revised Code.	21043

(C) Whether enrollment is limited to students who reside in	21044
the district in which the school is located or is open to	21045
residents of other districts, as provided in the policy adopted	21046
pursuant to the contract.	21047

(D)(1) That there will be no discrimination in the admission	21048
of students to the school on the basis of race, creed, color,	21049
~~handicapping condition~~disability, or sex except that:	21050

(a) The governing authority may establish single-gender	21051
schools for the purpose described in division (G) of this section	21052
provided comparable facilities and learning opportunities are	21053
offered for both boys and girls. Such comparable facilities and	21054
opportunities may be offered for each sex at separate locations.	21055

(b) The governing authority may establish a school that	21056
simultaneously serves a group of students identified as autistic	21057
and a group of students who are not ~~handicapped~~disabled, as	21058
authorized in section 3314.061 of the Revised Code. However,	21059
unless the total capacity established for the school has been	21060
filled, no student with any ~~handicap~~disability shall be denied	21061
admission on the basis of that ~~handicap~~disability.	21062

(2) That upon admission of any ~~handicapped~~ student with a	21063
disability, the community school will comply with all federal and	21064
state laws regarding the education of ~~handicapped~~ students with	21065
disabilities.	21066

(E) That the school may not limit admission to students on	21067
the basis of intellectual ability, measures of achievement or	21068
aptitude, or athletic ability, except that a school may limit its	21069
enrollment to students as described in division (B) of this	21070
section.	21071

(F) That the community school will admit the number of	21072
students that does not exceed the capacity of the school's	21073
programs, classes, grade levels, or facilities.	21074

(G) That the purpose of single-gender schools that are	21075
established shall be to take advantage of the academic benefits	21076
some students realize from single-gender instruction and	21077
facilities and to offer students and parents residing in the	21078
district the option of a single-gender education.	21079

(H) That, except as otherwise provided under division (B) of	21080
this section or section 3314.061 of the Revised Code, if the	21081
number of applicants exceeds the capacity restrictions of division	21082
(F) of this section, students shall be admitted by lot from all	21083
those submitting applications, except preference shall be given to	21084
students attending the school the previous year and to students	21085
who reside in the district in which the school is located.	21086
Preference may be given to siblings of students attending the	21087
school the previous year.	21088

Notwithstanding divisions (A) to (H) of this section, in the	21089
event the racial composition of the enrollment of the community	21090
school is violative of a federal desegregation order, the	21091
community school shall take any and all corrective measures to	21092
comply with the desegregation order.	21093

Sec. 3314.061. A governing authority may establish a	21094
community school under this chapter that is limited to providing	21095
simultaneously special education and related services to a	21096
specified number of students identified as autistic and regular	21097
educational programs to a specified number of students who are not	21098
~~handicapped~~disabled. The contract between the governing authority	21099
and the school's sponsor shall specify the target ratio of number	21100
of autistic students to number of ~~nonhandicapped~~nondisabled	21101
students in the school's population, the total number of autistic	21102
students that may be enrolled in the school, and the total number	21103
of ~~nonhandicapped~~nondisabled students that may be enrolled in the	21104
school. A school established in accordance with this section is	21105
subject to division (H) of section 3314.06 of the Revised Code,	21106
except that because the governing authority establishes a separate	21107
capacity for autistic students and ~~nonhandicapped~~nondisabled	21108
students, if the number of applicants among the group of autistic	21109
students or the group of ~~nonhandicapped~~ students with disabilities	21110
exceeds the capacity restrictions for that group, students shall	21111
be admitted by lot from all those of that same group submitting	21112
applications. However, unless the total capacity established for	21113
the school has been filled, no student with any ~~handicap~~	21114
disability shall be denied admission on the basis of that ~~handicap~~	21115
disability.	21116

Sec. 3314.074. Divisions (A) and (B) of this section apply	21117
only to the extent permitted under Chapter 1702. of the Revised	21118
Code.	21119

(A) If any community school established under this chapter	21120
permanently closes and ceases its operation as a community school,	21121
the assets of that school shall be distributed first to the	21122
retirement funds of employees of the school, employees of the	21123
school, and private creditors who are owed compensation, and then	21124
any remaining funds shall be paid to the ~~state treasury to the~~	21125
~~credit of the general revenue fund~~department of education for	21126
redistribution to the school districts in which the students who	21127
were enrolled in the school at the time it ceased operation were	21128
entitled to attend school under section 3313.64 or 3313.65 of the	21129
Revised Code. The amount distributed to each school district shall	21130
be proportional to the district's share of the total enrollment in	21131
the community school.	21132

(B) If a community school closes and ceases to operate as a	21133
community school and the school has received computer hardware or	21134
software from the former Ohio SchoolNet commission or the eTech	21135
Ohio commission, such hardware or software shall be returned to	21136
the eTech Ohio commission, and the eTech Ohio commission shall	21137
redistribute the hardware and software, to the extent such	21138
redistribution is possible, to school districts in conformance	21139
with the provisions of the programs operated and administered by	21140
the eTech Ohio commission.	21141

(C) If the assets of the school are insufficient to pay all	21142
persons or entities to whom compensation is owed, the	21143
prioritization of the distribution of the assets to individual	21144
persons or entities within each class of payees may be determined	21145
by decree of a court in accordance with this section and Chapter	21146
1702. of the Revised Code.	21147

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

21148

(1) "Base formula amount" means the amount specified as such	21149
in a community school's financial plan for a school year pursuant	21150
to division (A)(15) of section 3314.03 of the Revised Code.	21151

(2) ~~"Cost-of-doing-business factor" has the same meaning as~~	21152
~~in section 3317.02 of the Revised Code.~~	21153

~~(3)~~ "IEP" ~~means an individualized education program as~~	21154
~~defined~~has the same meaning as in section 3323.01 of the Revised	21155
Code.	21156

~~(4)~~(3) "Applicable special education weight" means the	21157
multiple specified in section 3317.013 of the Revised Code for a	21158
~~handicap~~disability described in that section.	21159

~~(5)~~(4) "Applicable vocational education weight" means:

21160

(a) For a student enrolled in vocational education programs	21161
or classes described in division (A) of section 3317.014 of the	21162
Revised Code, the multiple specified in that division;	21163

(b) For a student enrolled in vocational education programs	21164
or classes described in division (B) of section 3317.014 of the	21165
Revised Code, the multiple specified in that division.	21166

~~(6)~~(5) "Entitled to attend school" means entitled to attend	21167
school in a district under section 3313.64 or 3313.65 of the	21168
Revised Code.	21169

~~(7)~~(6) A community school student is "included in the	21170
poverty student count" of a school district if the student is	21171
entitled to attend school in the district and the student's family	21172
receives assistance under the Ohio works first program.	21173

~~(8)~~(7) "Poverty-based assistance reduction factor" means the	21174
percentage figure, if any, for reducing the per pupil amount of	21175
poverty-based assistance a community school is entitled to receive	21176
pursuant to divisions (D)(5) ~~and (6)~~to (9) of this section in any	21177
year, as specified in the school's financial plan for the year	21178
pursuant to division (A)(15) of section 3314.03 of the Revised	21179
Code.	21180

~~(9)~~(8) "All-day kindergarten" has the same meaning as in	21181
section 3317.029 of the Revised Code.	21182

~~(10) "SF-3 payment" means the sum of the payments to a school~~	21183
~~district in a fiscal year under divisions (A), (C)(1), (C)(4),~~	21184
~~(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)~~	21185
~~of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,~~	21186
~~3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after~~	21187
~~making the adjustments required by sections 3313.981 and 3313.979,~~	21188
~~divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of~~	21189
~~section 3317.023, and division (C) of section 3317.20~~(9) "State	21190
education aid" has the same meaning as in section 5751.20 of the	21191
Revised Code.	21192

(B) The state board of education shall adopt rules requiring	21193
both of the following:	21194

(1) The board of education of each city, exempted village,	21195
and local school district to annually report the number of	21196
students entitled to attend school in the district who are	21197
enrolled in grades one through twelve in a community school	21198
established under this chapter, the number of students entitled to	21199
attend school in the district who are enrolled in kindergarten in	21200
a community school, the number of those kindergartners who are	21201
enrolled in all-day kindergarten in their community school, and	21202
for each child, the community school in which the child is	21203
enrolled.	21204

(2) The governing authority of each community school	21205
established under this chapter to annually report all of the	21206
following:	21207

(a) The number of students enrolled in grades one through	21208
twelve and the number of students enrolled in kindergarten in the	21209
school who are not receiving special education and related	21210
services pursuant to an IEP;	21211

(b) The number of enrolled students in grades one through	21212
twelve and the number of enrolled students in kindergarten, who	21213
are receiving special education and related services pursuant to	21214
an IEP;	21215

(c) The number of students reported under division (B)(2)(b)	21216
of this section receiving special education and related services	21217
pursuant to an IEP for a ~~handicap~~disability described in each of	21218
divisions (A) to (F) of section 3317.013 of the Revised Code;	21219

(d) The full-time equivalent number of students reported	21220
under divisions (B)(2)(a) and (b) of this section who are enrolled	21221
in vocational education programs or classes described in each of	21222
divisions (A) and (B) of section 3317.014 of the Revised Code that	21223
are provided by the community school;	21224

(e) Twenty per cent of the number of students reported under	21225
divisions (B)(2)(a) and (b) of this section who are not reported	21226
under division (B)(2)(d) of this section but who are enrolled in	21227
vocational education programs or classes described in each of	21228
divisions (A) and (B) of section 3317.014 of the Revised Code at a	21229
joint vocational school district under a contract between the	21230
community school and the joint vocational school district and are	21231
entitled to attend school in a city, local, or exempted village	21232
school district whose territory is part of the territory of the	21233
joint vocational district;	21234

(f) The number of enrolled preschool ~~handicapped students~~	21235
children with disabilities receiving special education services in	21236
a state-funded unit;	21237

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

21238

(h) For each student, the city, exempted village, or local	21239
school district in which the student is entitled to attend school;	21240

(i) Any poverty-based assistance reduction factor that	21241
applies to a school year.	21242

(C) From the ~~SF-3 payment made to~~state education aid	21243
calculated for a city, exempted village, or local school district	21244
and, if necessary, from the payment made to the district under	21245
sections 321.24 and 323.156 of the Revised Code, the department of	21246
education shall annually subtract the sum of the amounts described	21247
in divisions (C)(1) to (9) of this section. However, when	21248
deducting payments on behalf of students enrolled in internet- or	21249
computer-based community schools, the department shall deduct only	21250
those amounts described in divisions (C)(1) and (2) of this	21251
section. Furthermore, the aggregate amount deducted under this	21252
division shall not exceed the sum of the district's ~~SF-3 payment~~	21253
state education aid and its payment under sections 321.24 and	21254
323.156 of the Revised Code.	21255

(1) An amount equal to the sum of the amounts obtained when,	21256
for each community school where the district's students are	21257
enrolled, the number of the district's students reported under	21258
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	21259
in grades one through twelve, and one-half the number of students	21260
reported under those divisions who are enrolled in kindergarten,	21261
in that community school is multiplied by the ~~greater of the~~	21262
~~following:~~	21263

~~(a) The fiscal year 2005 base formula amount of that~~	21264
~~community school as adjusted by the school district's fiscal year~~	21265
~~2005 cost-of-doing-business factor;~~	21266

~~(b) The~~ sum of (the ~~current~~ base formula amount of that	21267
community school ~~times the school district's current~~	21268
~~cost-of-doing-business factor)~~ plus the per pupil amount of the	21269
base funding supplements specified in divisions (C)(1) to (4) of	21270
section 3317.012 of the Revised Code.	21271

(2) The sum of the amounts calculated under divisions	21272
(C)(2)(a) and (b) of this section:	21273

(a) For each of the district's students reported under	21274
division (B)(2)(c) of this section as enrolled in a community	21275
school in grades one through twelve and receiving special	21276
education and related services pursuant to an IEP for a ~~handicap~~	21277
disability described in section 3317.013 of the Revised Code, the	21278
product of the applicable special education weight times the	21279
community school's base formula amount;	21280

(b) For each of the district's students reported under	21281
division (B)(2)(c) of this section as enrolled in kindergarten in	21282
a community school and receiving special education and related	21283
services pursuant to an IEP for a ~~handicap~~disability described in	21284
section 3317.013 of the Revised Code, one-half of the amount	21285
calculated as prescribed in division (C)(2)(a) of this section.	21286

(3) For each of the district's students reported under	21287
division (B)(2)(d) of this section for whom payment is made under	21288
division (D)(4) of this section, the amount of that payment;	21289

(4) An amount equal to the sum of the amounts obtained when,	21290
for each community school where the district's students are	21291
enrolled, the number of the district's students enrolled in that	21292
community school who are included in the district's poverty	21293
student count is multiplied by the per pupil amount of	21294
poverty-based assistance the school district receives that year	21295
pursuant to division ~~(B) or~~ (C) of section 3317.029 of the Revised	21296
Code, as adjusted by any poverty-based assistance reduction factor	21297
of that community school. ~~If the district receives poverty-based~~	21298
~~assistance under division (B) of that section, the per pupil~~	21299
~~amount of that aid is the quotient of the amount the district~~	21300
~~received under that division divided by the district's poverty~~	21301
~~student count, as defined in that section. If the district~~	21302
~~receives poverty-based assistance under division (C) of section~~	21303
~~3317.029 of the Revised Code, the~~The per pupil amount of that aid	21304
for the district shall be calculated by the department.	21305

(5) An amount equal to the sum of the amounts obtained when,	21306
for each community school where the district's students are	21307
enrolled, the district's per pupil amount of aid received under	21308
division (E) of section 3317.029 of the Revised Code, as adjusted	21309
by any poverty-based assistance reduction factor of the community	21310
school, is multiplied by the sum of the following:	21311

(a) The number of the district's students reported under	21312
division (B)(2)(a) of this section who are enrolled in grades one	21313
to three in that community school and who are not receiving	21314
special education and related services pursuant to an IEP;	21315

(b) One-half of the district's students who are enrolled in	21316
all-day or any other kindergarten class in that community school	21317
and who are not receiving special education and related services	21318
pursuant to an IEP;	21319

(c) One-half of the district's students who are enrolled in	21320
all-day kindergarten in that community school and who are not	21321
receiving special education and related services pursuant to an	21322
IEP.	21323

The district's per pupil amount of aid under division (E) of	21324
section 3317.029 of the Revised Code is the quotient of the amount	21325
the district received under that division divided by the	21326
district's kindergarten through third grade ADM, as defined in	21327
that section.	21328

(6) An amount equal to the sum of the amounts obtained when,	21329
for each community school where the district's students are	21330
enrolled, the district's per pupil amount received under division	21331
(F) of section 3317.029 of the Revised Code, as adjusted by any	21332
poverty-based assistance reduction factor of that community	21333
school, is multiplied by the number of the district's students	21334
enrolled in the community school who are identified as	21335
limited-English proficient.	21336

(7) An amount equal to the sum of the amounts obtained when,	21337
for each community school where the district's students are	21338
enrolled, the district's per pupil amount received under division	21339
(G) of section 3317.029 of the Revised Code, as adjusted by any	21340
poverty-based assistance reduction factor of that community	21341
school, is multiplied by the sum of the following:	21342

(a) The number of the district's students enrolled in grades	21343
one through twelve in that community school;	21344

(b) One-half of the number of the district's students	21345
enrolled in kindergarten in that community school.	21346

The district's per pupil amount under division (G) of section	21347
3317.029 of the Revised Code is the district's amount per teacher	21348
calculated under division (G)(1) or (2) of that section divided by	21349
17~~, times a multiple of 0.40 in fiscal year 2006 and 0.70 in~~	21350
~~fiscal year 2007~~.	21351

(8) An amount equal to the sum of the amounts obtained when,	21352
for each community school where the district's students are	21353
enrolled, the district's per pupil amount received under divisions	21354
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	21355
by any poverty-based assistance reduction factor of that community	21356
school, is multiplied by the sum of the following:	21357

(a) The number of the district's students enrolled in grades	21358
one through twelve in that community school;	21359

(b) One-half of the number of the district's students	21360
enrolled in kindergarten in that community school.	21361

The district's per pupil amount under divisions (H) and (I)	21362
of section 3317.029 of the Revised Code is the amount calculated	21363
under each division divided by the district's formula ADM, as	21364
defined in section 3317.02 of the Revised Code.	21365

(9) An amount equal to the per pupil state parity aid funding	21366
calculated for the school district under either division (C) or	21367
(D) of section 3317.0217 of the Revised Code multiplied by the sum	21368
of the number of students in grades one through twelve, and	21369
one-half of the number of students in kindergarten, who are	21370
entitled to attend school in the district and are enrolled in a	21371
community school as reported under division (B)(1) of this	21372
section.	21373

(D) The department shall annually pay to a community school	21374
established under this chapter the sum of the amounts described in	21375
divisions (D)(1) to (10) of this section. However, the department	21376
shall calculate and pay to each internet- or computer-based	21377
community school only the amounts described in divisions (D)(1) to	21378
(3) of this section. Furthermore, the sum of the payments to all	21379
community schools under divisions (D)(1), (2), and (4) to (10) of	21380
this section for the students entitled to attend school in any	21381
particular school district shall not exceed the sum of that	21382
district's ~~SF-3 payment~~state education aid and its payment under	21383
sections 321.24 and 323.156 of the Revised Code. If the sum of the	21384
payments calculated under those divisions for the students	21385
entitled to attend school in a particular school district exceeds	21386
the sum of that district's ~~SF-3 payment~~state education aid and	21387
its payment under sections 321.24 and 323.156 of the Revised Code,	21388
the department shall calculate and apply a proration factor to the	21389
payments to all community schools under those divisions for the	21390
students entitled to attend school in that district.	21391

(1) Subject to section 3314.085 of the Revised Code, an	21392
amount equal to the sum of the amounts obtained when the number of	21393
students enrolled in grades one through twelve, plus one-half of	21394
the kindergarten students in the school, reported under divisions	21395
(B)(2)(a), (b), and (e) of this section who are not receiving	21396
special education and related services pursuant to an IEP for a	21397
~~handicap~~disability described in section 3317.013 of the Revised	21398
Code is multiplied by the ~~greater of the following:~~	21399

~~(a) The community school's fiscal year 2005 base formula~~	21400
~~amount, as adjusted by the fiscal year 2005 cost-of-doing-business~~	21401
~~factor of the school district in which the student is entitled to~~	21402
~~attend school;~~	21403

~~(b) The~~ sum of (the community school's ~~current~~ base formula	21404
amount ~~times the current cost-of-doing-business factor of the~~	21405
~~school district in which the student is entitled to attend school)~~	21406
plus the per pupil amount of the base funding supplements	21407
specified in divisions (C)(1) to (4) of section 3317.012 of the	21408
Revised Code.	21409

(2) Prior to fiscal year 2007, the greater of the amount	21410
calculated under division (D)(2)(a) or (b) of this section, and in	21411
fiscal year 2007 and thereafter, the amount calculated under	21412
division (D)(2)(b) of this section:	21413

(a) The aggregate amount that the department paid to the	21414
community school in fiscal year 1999 for students receiving	21415
special education and related services pursuant to IEPs, excluding	21416
federal funds and state disadvantaged pupil impact aid funds;	21417

(b) The sum of the amounts calculated under divisions	21418
(D)(2)(b)(i) and (ii) of this section:	21419

(i) For each student reported under division (B)(2)(c) of	21420
this section as enrolled in the school in grades one through	21421
twelve and receiving special education and related services	21422
pursuant to an IEP for a ~~handicap~~disability described in section	21423
3317.013 of the Revised Code, the following amount:	21424

~~the greater of (the community school's fiscal year 2005~~	21425

~~base formula amount X the fiscal year 2005~~	21426

~~cost-of-doing-business factor of the district~~	21427

~~where the student is entitled to attend school)~~	21428

~~or [~~(the school's ~~current~~ base formula amount ~~times~~	21429

~~the current cost-of-doing-business factor of the school district~~	21430

~~where the student is entitled to attend school)~~ plus	21431

the per pupil amount of the base funding supplements specified in	21432

divisions (C)(1) to (4) of section 3317.012 of the Revised Code])	21433

+ (the applicable special education weight X the	21434

community school's base formula amount);	21435

(ii) For each student reported under division (B)(2)(c) of	21436
this section as enrolled in kindergarten and receiving special	21437
education and related services pursuant to an IEP for a ~~handicap~~	21438
disability described in section 3317.013 of the Revised Code,	21439
one-half of the amount calculated under the formula prescribed in	21440
division (D)(2)(b)(i) of this section.	21441

(3) An amount received from federal funds to provide special	21442
education and related services to students in the community	21443
school, as determined by the superintendent of public instruction.	21444

(4) For each student reported under division (B)(2)(d) of	21445
this section as enrolled in vocational education programs or	21446
classes that are described in section 3317.014 of the Revised	21447
Code, are provided by the community school, and are comparable as	21448
determined by the superintendent of public instruction to school	21449
district vocational education programs and classes eligible for	21450
state weighted funding under section 3317.014 of the Revised Code,	21451
an amount equal to the applicable vocational education weight	21452
times the community school's base formula amount times the	21453
percentage of time the student spends in the vocational education	21454
programs or classes.	21455

(5) An amount equal to the sum of the amounts obtained when,	21456
for each school district where the community school's students are	21457
entitled to attend school, the number of that district's students	21458
enrolled in the community school who are included in the	21459
district's poverty student count is multiplied by the per pupil	21460
amount of poverty-based assistance that school district receives	21461
that year pursuant to division ~~(B) or~~ (C) of section 3317.029 of	21462
the Revised Code, as adjusted by any poverty-based assistance	21463
reduction factor of the community school. The per pupil amount of	21464
aid shall be determined as described in division (C)(4) of this	21465
section.	21466

(6) An amount equal to the sum of the amounts obtained when,	21467
for each school district where the community school's students are	21468
entitled to attend school, the district's per pupil amount of aid	21469
received under division (E) of section 3317.029 of the Revised	21470
Code, as adjusted by any poverty-based assistance reduction	21471
factor of the community school, is multiplied by the sum of the	21472
following:	21473

(a) The number of the district's students reported under	21474
division (B)(2)(a) of this section who are enrolled in grades one	21475
to three in that community school and who are not receiving	21476
special education and related services pursuant to an IEP;	21477

(b) One-half of the district's students who are enrolled in	21478
all-day or any other kindergarten class in that community school	21479
and who are not receiving special education and related services	21480
pursuant to an IEP;	21481

(c) One-half of the district's students who are enrolled in	21482
all-day kindergarten in that community school and who are not	21483
receiving special education and related services pursuant to an	21484
IEP.	21485

The district's per pupil amount of aid under division (E) of	21486
section 3317.029 of the Revised Code shall be determined as	21487
described in division (C)(5) of this section.	21488

(7) An amount equal to the sum of the amounts obtained when,	21489
for each school district where the community school's students are	21490
entitled to attend school, the number of that district's students	21491
enrolled in the community school who are identified as	21492
limited-English proficient is multiplied by the district's per	21493
pupil amount received under division (F) of section 3317.029 of	21494
the Revised Code, as adjusted by any poverty-based assistance	21495
reduction factor of the community school.	21496

(8) An amount equal to the sum of the amounts obtained when,	21497
for each school district where the community school's students are	21498
entitled to attend school, the district's per pupil amount	21499
received under division (G) of section 3317.029 of the Revised	21500
Code, as adjusted by any poverty-based assistance reduction factor	21501
of the community school, is multiplied by the sum of the	21502
following:	21503

(a) The number of the district's students enrolled in grades	21504
one through twelve in that community school;	21505

(b) One-half of the number of the district's students	21506
enrolled in kindergarten in that community school.	21507

The district's per pupil amount under division (G) of section	21508
3317.029 of the Revised Code shall be determined as described in	21509
division (C)(7) of this section.	21510

(9) An amount equal to the sum of the amounts obtained when,	21511
for each school district where the community school's students are	21512
entitled to attend school, the district's per pupil amount	21513
received under divisions (H) and (I) of section 3317.029 of the	21514
Revised Code, as adjusted by any poverty-based assistance	21515
reduction factor of the community school, is multiplied by the sum	21516
of the following:	21517

(a) The number of the district's students enrolled in grades	21518
one through twelve in that community school;	21519

(b) One-half of the number of the district's students	21520
enrolled in kindergarten in that community school.	21521

The district's per pupil amount under divisions (H) and (I)	21522
of section 3317.029 of the Revised Code shall be determined as	21523
described in division (C)(8) of this section.	21524

(10) An amount equal to the sum of the amounts obtained when,	21525
for each school district where the community school's students are	21526
entitled to attend school, the district's per pupil amount of	21527
state parity aid funding calculated under either division (C) or	21528
(D) of section 3317.0217 of the Revised Code is multiplied by the	21529
sum of the number of that district's students enrolled in grades	21530
one through twelve, and one-half of the number of that district's	21531
students enrolled in kindergarten, in the community school as	21532
reported under division (B)(2)(a) and (b) of this section.	21533

(E)(1) If a community school's costs for a fiscal year for a	21534
student receiving special education and related services pursuant	21535
to an IEP for a ~~handicap~~disability described in divisions (B) to	21536
(F) of section 3317.013 of the Revised Code exceed the threshold	21537
catastrophic cost for serving the student as specified in division	21538
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	21539
submit to the superintendent of public instruction documentation,	21540
as prescribed by the superintendent, of all its costs for that	21541
student. Upon submission of documentation for a student of the	21542
type and in the manner prescribed, the department shall pay to the	21543
community school an amount equal to the school's costs for the	21544
student in excess of the threshold catastrophic costs.	21545

(2) The community school shall only report under division	21546
(E)(1) of this section, and the department shall only pay for, the	21547
costs of educational expenses and the related services provided to	21548
the student in accordance with the student's individualized	21549
education program. Any legal fees, court costs, or other costs	21550
associated with any cause of action relating to the student may	21551
not be included in the amount.	21552

(F) A community school may apply to the department of	21553
education for preschool ~~handicapped~~children with disabilities or	21554
gifted unit funding the school would receive if it were a school	21555
district. Upon request of its governing authority, a community	21556
school that received unit funding as a school district-operated	21557
school before it became a community school shall retain any units	21558
awarded to it as a school district-operated school provided the	21559
school continues to meet eligibility standards for the unit.	21560

A community school shall be considered a school district and	21561
its governing authority shall be considered a board of education	21562
for the purpose of applying to any state or federal agency for	21563
grants that a school district may receive under federal or state	21564
law or any appropriations act of the general assembly. The	21565
governing authority of a community school may apply to any private	21566
entity for additional funds.	21567

(G) A board of education sponsoring a community school may	21568
utilize local funds to make enhancement grants to the school or	21569
may agree, either as part of the contract or separately, to	21570
provide any specific services to the community school at no cost	21571
to the school.	21572

(H) A community school may not levy taxes or issue bonds	21573
secured by tax revenues.	21574

(I) No community school shall charge tuition for the	21575
enrollment of any student.	21576

(J)(1)(a) A community school may borrow money to pay any	21577
necessary and actual expenses of the school in anticipation of the	21578
receipt of any portion of the payments to be received by the	21579
school pursuant to division (D) of this section. The school may	21580
issue notes to evidence such borrowing. The proceeds of the notes	21581
shall be used only for the purposes for which the anticipated	21582
receipts may be lawfully expended by the school.	21583

(b) A school may also borrow money for a term not to exceed	21584
fifteen years for the purpose of acquiring facilities.	21585

(2) Except for any amount guaranteed under section 3318.50 of	21586
the Revised Code, the state is not liable for debt incurred by the	21587
governing authority of a community school.	21588

(K) For purposes of determining the number of students for	21589
which divisions (D)(5) and (6) of this section applies in any	21590
school year, a community school may submit to the department of	21591
job and family services, no later than the first day of March, a	21592
list of the students enrolled in the school. For each student on	21593
the list, the community school shall indicate the student's name,	21594
address, and date of birth and the school district where the	21595
student is entitled to attend school. Upon receipt of a list under	21596
this division, the department of job and family services shall	21597
determine, for each school district where one or more students on	21598
the list is entitled to attend school, the number of students	21599
residing in that school district who were included in the	21600
department's report under section 3317.10 of the Revised Code. The	21601
department shall make this determination on the basis of	21602
information readily available to it. Upon making this	21603
determination and no later than ninety days after submission of	21604
the list by the community school, the department shall report to	21605
the state department of education the number of students on the	21606
list who reside in each school district who were included in the	21607
department's report under section 3317.10 of the Revised Code. In	21608
complying with this division, the department of job and family	21609
services shall not report to the state department of education any	21610
personally identifiable information on any student.	21611

(L) The department of education shall adjust the amounts	21612
subtracted and paid under divisions (C) and (D) of this section to	21613
reflect any enrollment of students in community schools for less	21614
than the equivalent of a full school year. The state board of	21615
education within ninety days after April 8, 2003, shall adopt in	21616
accordance with Chapter 119. of the Revised Code rules governing	21617
the payments to community schools under this section and section	21618
3314.13 of the Revised Code including initial payments in a school	21619
year and adjustments and reductions made in subsequent periodic	21620
payments to community schools and corresponding deductions from	21621
school district accounts as provided under divisions (C) and (D)	21622
of this section and section 3314.13 of the Revised Code. For	21623
purposes of this section and section 3314.13 of the Revised Code:	21624

(1) A student shall be considered enrolled in the community	21625
school for any portion of the school year the student is	21626
participating at a college under Chapter 3365. of the Revised	21627
Code.	21628

(2) A student shall be considered to be enrolled in a	21629
community school during a school year for the period of time	21630
beginning on the later of the date on which the school both has	21631
received documentation of the student's enrollment from a parent	21632
and the student has commenced participation in learning	21633
opportunities as defined in the contract with the sponsor, or	21634
thirty days prior to the date on which the student is entered into	21635
the education management information system established under	21636
section 3301.0714 of the Revised Code. For purposes of applying	21637
this division and division (L)(3) of this section to a community	21638
school student, "learning opportunities" shall be defined in the	21639
contract, which shall describe both classroom-based and	21640
non-classroom-based learning opportunities and shall be in	21641
compliance with criteria and documentation requirements for	21642
student participation which shall be established by the	21643
department. Any student's instruction time in non-classroom-based	21644
learning opportunities shall be certified by an employee of the	21645
community school. A student's enrollment shall be considered to	21646
cease on the date on which any of the following occur:	21647

(a) The community school receives documentation from a parent	21648
terminating enrollment of the student.	21649

(b) The community school is provided documentation of a	21650
student's enrollment in another public or private school.	21651

(c) The community school ceases to offer learning	21652
opportunities to the student pursuant to the terms of the contract	21653
with the sponsor or the operation of any provision of this	21654
chapter.	21655

(3) AThe department shall determine each community school	21656
student's percentage of full-time equivalency ~~shall be considered~~	21657
~~to be~~based on the percentage ~~the hours~~ of learning ~~opportunity~~	21658
~~offered~~opportunities offered by the community school to that	21659
student, reported either as number of hours or number of days, is	21660
of ~~nine hundred and twenty hours~~the total learning opportunities	21661
offered by the community school to a student who attends for the	21662
school's entire school year. However, no internet- or	21663
computer-based community school shall be credited for any time a	21664
student spends participating in learning opportunities beyond ten	21665
hours within any period of twenty-four consecutive hours. Whether	21666
it reports hours or days of learning opportunities, each community	21667
school shall offer not less than nine hundred twenty hours of	21668
learning opportunities during the school year.	21669

(M) The department of education shall reduce the amounts paid	21670
under division (D) of this section to reflect payments made to	21671
colleges under division (B) of section 3365.07 of the Revised	21672
Code.	21673

(N)(1) No student shall be considered enrolled in any	21674
internet- or computer-based community school or, if applicable to	21675
the student, in any community school that is required to provide	21676
the student with a computer pursuant to division (C) of section	21677
3314.22 of the Revised Code, unless both of the following	21678
conditions are satisfied:	21679

(a) The student possesses or has been provided with all	21680
required hardware and software materials and all such materials	21681
are operational so that the student is capable of fully	21682
participating in the learning opportunities specified in the	21683
contract between the school and the school's sponsor as required	21684
by division (A)(23) of section 3314.03 of the Revised Code;	21685

(b) The school is in compliance with division (A) of section	21686
3314.22 of the Revised Code, relative to such student.	21687

(2) In accordance with policies adopted jointly by the	21688
superintendent of public instruction and the auditor of state, the	21689
department shall reduce the amounts otherwise payable under	21690
division (D) of this section to any community school that includes	21691
in its program the provision of computer hardware and software	21692
materials to any student, if such hardware and software materials	21693
have not been delivered, installed, and activated for each such	21694
student in a timely manner or other educational materials or	21695
services have not been provided according to the contract between	21696
the individual community school and its sponsor.	21697

The superintendent of public instruction and the auditor of	21698
state shall jointly establish a method for auditing any community	21699
school to which this division pertains to ensure compliance with	21700
this section.	21701

The superintendent, auditor of state, and the governor shall	21702
jointly make recommendations to the general assembly for	21703
legislative changes that may be required to assure fiscal and	21704
academic accountability for such schools.	21705

(O)(1) The department shall not withhold payments to a	21706
community school based on a challenge brought by a school	21707
district concerning the community school's enrollment and	21708
student residency reports submitted to the department without	21709
first providing the governing authority of the community school	21710
written notice stating the specific grounds for the challenge	21711
and requiring the school district to submit evidence supporting	21712
its claim that a particular student should not be included in	21713
the community school's enrollment or that payment for that	21714
student otherwise should be denied. The department also shall	21715
permit the governing authority to submit documentation the	21716
governing authority believes confirms or corrects its earlier	21717
reports that are subject to challenge. The school district bears	21718
the burden of proof. The department shall set a reasonable	21719
deadline for the school district and community school to submit	21720
documentation regarding the challenge. The department shall not	21721
withhold payments pending that deadline. The department	21722
immediately shall dismiss any challenge regarding a particular	21723
student if the department finds that the school district has not	21724
timely submitted evidence as required under this division or	21725
otherwise has not met its burden of proof or that the	21726
documentation submitted by the governing authority confirms or	21727
corrects its earlier reports regarding that student.	21728

(2) If the department finds that the school district has	21729
timely submitted evidence and has met its burden of proof and,	21730
accordingly, that the particular student for which the district	21731
brought the challenge should not be included in the community	21732
school's enrollment or that payment otherwise should be denied for	21733
that student, the department shall withhold payments to the	21734
community school for that student.	21735

If the governing authority of the community school	21736
subsequently submits documentation that the department finds	21737
confirms or corrects the earlier reports regarding that student,	21738
the department shall resume payments to the community school for	21739
that student and, if appropriate, shall include payment for the	21740
prior months that were withheld.	21741

(3) The department shall not withhold any other payments from	21742
a community school without first providing to the governing	21743
authority of the community school written notice stating the	21744
amount to be withheld, reasons for withholding, and offering an	21745
opportunity for a hearing in accordance with division (P)(2) of	21746
this section.	21747

(P) (1) If the department determines that a review of a	21748
community school's enrollment is necessary, such review shall be	21749
completed and written notice of the findings shall be provided to	21750
the governing authority of the community school and its sponsor	21751
within ninety days of the end of the community school's fiscal	21752
year, unless extended for a period not to exceed thirty additional	21753
days for one of the following reasons:	21754

(a) The department and the community school mutually agree to	21755
the extension.	21756

(b) Delays in data submission caused by either a community	21757
school or its sponsor.	21758

(2) If the review results in a finding that additional	21759
funding is owed to the school, such payment shall be made within	21760
thirty days of the written notice. If the review results in a	21761
finding that the community school owes moneys to the state, the	21762
following procedure shall apply:	21763

(a) Within ten business days of the receipt of the notice of	21764
findings, the community school may appeal the department's	21765
determination to the state board of education or its designee.	21766

(b) The board or its designee shall conduct an informal	21767
hearing on the matter within thirty days of receipt of such an	21768
appeal and shall issue a decision within fifteen days of the	21769
conclusion of the hearing.	21770

(c) If the board has enlisted a designee to conduct the	21771
hearing, the designee shall certify its decision to the board. The	21772
board may accept the decision of the designee or may reject the	21773
decision of the designee and issue its own decision on the matter.	21774

(d) Any decision made by the board under this division is	21775
final.	21776

(3) If it is decided that the community school owes moneys to	21777
the state, the department shall deduct such amount from the	21778
school's future payments in accordance with guidelines issued by	21779
the superintendent of public instruction.	21780

~~(P)~~(Q) The department shall not subtract from a school	21781
district's state aid account under division (C) of this section	21782
and shall not pay to a community school under division (D) of this	21783
section any amount for any of the following:	21784

(1) Any student who has graduated from the twelfth grade of a	21785
public or nonpublic high school;	21786

(2) Any student who is not a resident of the state;

21787

(3) Any student who was enrolled in the community school	21788
during the previous school year when tests were administered under	21789
section 3301.0711 of the Revised Code but did not take one or more	21790
of the tests required by that section and was not excused pursuant	21791
to division (C)(1) or (3) of that section, unless the	21792
superintendent of public instruction grants the student a waiver	21793
from the requirement to take the test and a parent is not paying	21794
tuition for the student pursuant to section 3314.26 of the Revised	21795
Code. The superintendent may grant a waiver only for good cause in	21796
accordance with rules adopted by the state board of education.	21797

(4) Any student who has attained the age of twenty-two years,	21798
except for veterans of the armed services whose attendance was	21799
interrupted before completing the recognized twelve-year course of	21800
the public schools by reason of induction or enlistment in the	21801
armed forces and who apply for enrollment in a community school	21802
not later than four years after termination of war or their	21803
honorable discharge. If, however, any such veteran elects to	21804
enroll in special courses organized for veterans for whom tuition	21805
is paid under federal law, or otherwise, the department shall not	21806
subtract from a school district's state aid account under division	21807
(C) of this section and shall not pay to a community school under	21808
division (D) of this section any amount for that veteran.	21809

Sec. 3314.083. If the department of education pays a joint	21810
vocational school district under division (G)(4) of section	21811
3317.16 of the Revised Code for excess costs of providing special	21812
education and related services to a ~~handicapped~~ student with a	21813
disability who is enrolled in a community school, as calculated	21814
under division (G)(2) of that section, the department shall deduct	21815
the amount of that payment from the amount calculated for payment	21816
to the community school under section 3314.08 of the Revised Code.	21817

Sec. 3314.086. If the department of education is required to	21818
pay an amount under section 3353.25 of the Revised Code to a	21819
school district delivering a course included in the clearinghouse	21820
established under section 3353.21 of the Revised Code for a	21821
student enrolled in a community school established under this	21822
chapter, the department shall deduct the amount of that payment	21823
from the amount calculated for payment to the community school	21824
under section 3314.08 of the Revised Code.	21825

Sec. 3314.087. (A) As used in this section:

21826

(1) "Career-technical program" means vocational programs or	21827
classes described in division (A) or (B) of section 3317.014 of	21828
the Revised Code in which a student is enrolled.	21829

(2) "Formula ADM," "category one or two vocational education	21830
ADM," and "FTE basis" have the same meanings as in section 3317.02	21831
of the Revised Code.	21832

(3) "Resident school district" means the city, exempted	21833
village, or local school district in which a student is entitled	21834
to attend school under section 3313.64 or 3313.65 of the Revised	21835
Code.	21836

(B) Notwithstanding anything to the contrary in this chapter	21837
or Chapter 3317. of the Revised Code, a student enrolled in a	21838
community school may simultaneously enroll in the career-technical	21839
program operated by the student's resident school district. On an	21840
FTE basis, the student's resident school district shall count the	21841
student in the category one or two vocational education ADM for	21842
the proportion of the time the student is enrolled in the	21843
district's career-technical program and, accordingly, the	21844
department of education shall calculate funds under Chapter 3317.	21845
for the district attributable to the student for the proportion of	21846
time the student attends the career-technical program. The	21847
community school shall count the student in its enrollment report	21848
under section 3314.08 of the Revised Code and shall report to the	21849
department the proportion of time that the student attends classes	21850
at the community school. The department shall pay the community	21851
school and deduct from the student's resident school district the	21852
amount computed for the student under section 3314.08 of the	21853
Revised Code in proportion to the fraction of the time on an FTE	21854
basis that the student attends classes at the community school.	21855
"Full-time equivalency" for a community school student, as defined	21856
in division (L) of section 3314.08 of the Revised Code, does not	21857
apply to the student.	21858

Sec. 3314.091. (A) A school district is not required to	21859
provide transportation for any native student enrolled in a	21860
community school if the district board of education has entered	21861
into an agreement with the community school's governing authority	21862
that designates the community school as responsible for providing	21863
or arranging for the transportation of the district's native	21864
students to and from the community school. For any such agreement	21865
to be effective, it must be certified by the superintendent of	21866
public instruction as having met all of the following	21867
requirements:	21868

(1) It is submitted to the department of education by a	21869
deadline which shall be established by the department.	21870

(2) ItIn accordance with divisions (C)(1) and (2) of this	21871
section, it specifies qualifications, such as residing a minimum	21872
distance from the school, for students to have their	21873
transportation provided or arranged.	21874

(3) The transportation provided by the community school is	21875
subject to all provisions of the Revised Code and all rules	21876
adopted under the Revised Code pertaining to pupil transportation.	21877

(4) The sponsor of the community school also has signed the	21878
agreement.	21879

(B)(1) For the school year that begins on July 1, 2007, a	21880
school district is not required to provide transportation for any	21881
native student enrolled in a community school, if the community	21882
school during the previous school year transported the students	21883
enrolled in the school or arranged for the students'	21884
transportation, even if that arrangement consisted of having	21885
parents transport their children to and from the school, but did	21886
not enter into an agreement to transport or arrange for	21887
transportation for those students under division (A) of this	21888
section, and if the governing authority of the community school by	21889
July 15, 2007, submits written notification to the district board	21890
of education stating that the governing authority is accepting	21891
responsibility for providing or arranging for the transportation	21892
of the district's native students to and from the community	21893
school.	21894

(2) For any school year subsequent to the school year that	21895
begins on July 1, 2007, a school district is not required to	21896
provide transportation for any native student enrolled in a	21897
community school if the governing authority of the community	21898
school, by the thirty-first day of January of the previous school	21899
year, submits written notification to the district board of	21900
education stating that the governing authority is accepting	21901
responsibility for providing or arranging for the transportation	21902
of the district's native students to and from the community	21903
school. If the governing authority of the community school has	21904
previously accepted responsibility for providing or arranging for	21905
the transportation of a district's native students to and from the	21906
community school, under division (B)(1) or (2) of this section,	21907
and has since relinquished that responsibility under division	21908
(B)(3) of this section, the governing authority shall not accept	21909
that responsibility again unless the district board consents to	21910
the governing authority's acceptance of that responsibility.	21911

(3) A governing authority's acceptance of responsibility	21912
under division (B)(1) or (2) of this section shall cover an entire	21913
school year, and shall remain in effect for subsequent school	21914
years unless the governing authority submits written notification	21915
to the district board that the governing authority is	21916
relinquishing the responsibility. However, a governing authority	21917
shall not relinquish responsibility for transportation before the	21918
end of a school year, and shall submit the notice relinquishing	21919
responsibility by the thirty-first day of January, in order to	21920
allow the school district reasonable time to prepare	21921
transportation for its native students enrolled in the school.	21922

(C)(1) A community school governing authority that enters	21923
into an agreement ~~to provide transportation~~ under division (A) of	21924
this section, or that accepts responsibility under division (B) of	21925
this section, shall provide or arrange transportation free of any	21926
charge for each of its enrolled students ~~eligible for~~	21927
~~transportation as specified in~~who is required to be transported	21928
under section 3327.01 of the Revised Code or who would otherwise	21929
be transported by the school district under the district's	21930
transportation policy. The governing authority shall report to the	21931
department of education the number of students transported or for	21932
whom transportation is arranged under this section in accordance	21933
with rules adopted by the state board of education.	21934

(2) The governing authority may provide or arrange	21935
transportation for any other enrolled student who is not eligible	21936
for transportation in accordance with division (C)(1) of this	21937
section and may charge a fee for such service up to the actual	21938
cost of the service.	21939

~~(2)~~(3) Notwithstanding anything to the contrary in division	21940
~~(B)~~(C)(1) or (2) of this section, a community school governing	21941
authority shall provide or arrange transportation free of any	21942
charge for any disabled student enrolled in the school for whom	21943
the student's individualized education program developed under	21944
Chapter 3323. of the Revised Code specifies transportation.	21945

~~(C)~~(D)(1) If a school district board and a community school	21946
governing authority elect to enter into an agreement under	21947
division (A) of this section, the department of education ~~annually~~	21948
shall ~~pay~~make payments to the community school ~~the amount~~	21949
~~specified in division (C)(2) of this section for each of the~~	21950
~~enrolled students for whom the school's governing authority~~	21951
~~provides or arranges transportation to and from school. The~~	21952
according to the terms of the agreement for each student actually	21953
transported under division (C)(1) of this section.	21954

If a community school governing authority accepts	21955
transportation responsibility under division (B) of this section,	21956
the department shall make payments to the community school for	21957
each student actually transported or for whom transportation is	21958
arranged by the community school under division (C)(1) of this	21959
section, calculated as follows:	21960

(a) For any fiscal year which the general assembly has	21961
specified that transportation payments to school districts be	21962
based on an across-the-board percentage of the district's payment	21963
for the previous school year, the per pupil payment to the	21964
community school shall be the following quotient:	21965

(i) The total amount calculated for the school district in	21966
which the child is entitled to attend school for student	21967
transportation other than transportation of children with	21968
disabilities; divided by	21969

(ii) The number of students included in the district's	21970
transportation ADM for the current fiscal year, as reported under	21971
division (B)(13) of section 3317.03 of the Revised Code, plus the	21972
number of students enrolled in the community school not counted in	21973
the district's transportation ADM who are transported under	21974
division (B)(1) or (2) of this section.	21975

(b) For any fiscal year which the general assembly has	21976
specified that the transportation payments to school districts be	21977
calculated in accordance with division (D) of section 3317.022 of	21978
the Revised Code and any rules of the state board of education	21979
implementing that division, the payment to the community school	21980
shall be the amount so calculated that otherwise would be paid to	21981
the school district in which the student is entitled to attend	21982
school by the method of transportation the district would have	21983
used. The community school, however, is not required to use the	21984
same method to transport that student.	21985

As used in this division "entitled to attend school" means	21986
entitled to attend school under section 3313.64 or 3313.65 of the	21987
Revised Code.	21988

(2) The department shall deduct the payment under division	21989
(D)(1) of this section from the ~~state payment under Chapter 3317.~~	21990
state education aid, as defined in section 3314.08 of the Revised	21991
Code, and, if necessary, the payment under sections 321.14 and	21992
323.156 of the Revised Code, that is otherwise paid to the school	21993
district in which the student enrolled in the community school	21994
~~resides~~is entitled to attend school. The department shall include	21995
the number of the district's native students for whom payment is	21996
made to a community school under ~~this~~ division (D)(1) of this	21997
section in the calculation of the district's transportation	21998
payment under division (D) of section 3317.022 of the Revised Code	21999
and the operating appropriations act.	22000

(3) A community school shall be paid under ~~this~~ division	22001
(D)(1) of this section only for students who are eligible as	22002
specified in section 3327.01 of the Revised Code ~~or who are~~	22003
~~disabled and whose individualized education program requires~~	22004
~~transportation~~and division (C)(1) of this section, and whose	22005
transportation to and from school is actually provided or, who	22006
actually utilized transportation arranged, or for whom a payment	22007
in lieu of transportation is made by the community school's	22008
governing authority. To qualify for the payments, the community	22009
school shall report to the department, in the form and manner	22010
required by the department, data on the number of students	22011
transported or whose transportation is arranged, the number of	22012
miles traveled, cost to transport, and any other information	22013
requested by the department.	22014

(4) A community school shall use payments received under this	22015
~~division~~section solely to pay the costs of providing or arranging	22016
for the transportation of students who are eligible as specified	22017
in section 3327.01 of the Revised Code ~~or who are disabled and~~	22018
~~whose individualized education program requires transportation~~and	22019
division (C)(1) of this section, which may include payments to a	22020
parent, guardian, or other person in charge of a child in lieu of	22021
transportation.	22022

~~(2) The payment to a community school governing authority~~	22023
~~under this section for eligible students shall be made according~~	22024
~~to the terms of the agreement entered into under this section.~~	22025

~~(D)~~(E) Except when arranged through payment to a parent,	22026
guardian, or person in charge of a child, transportation provided	22027
or arranged for by a community school pursuant to an agreement	22028
under this section is subject to all provisions of the Revised	22029
Code, and all rules adopted under the Revised Code, pertaining to	22030
the construction, design, equipment, and operation of school buses	22031
and other vehicles transporting students to and from school. The	22032
drivers and mechanics of the vehicles are subject to all	22033
provisions of the Revised Code, and all rules adopted under the	22034
Revised Code, pertaining to drivers and mechanics of such	22035
vehicles. The community school also shall comply with sections	22036
3313.201, 3327.09, and 3327.10 ~~and~~of the Revised Code, division	22037
(B) of section 3327.16 of the Revised Code and, subject to	22038
division (C)(1) of this section, sections 3327.01 and 3327.02 of	22039
the Revised Code, as if it were a school district. ~~For purposes of~~	22040
~~complying with section 3327.10 of the Revised Code, the~~	22041
~~educational service center that serves the county in which the~~	22042
~~community school is located shall be the certifying agency, unless~~	22043
~~the agreement designates the school district as the certifying~~	22044
~~agency.~~	22045

Sec. 3314.19. The sponsor of each community school annually	22046
shall provide the following assurances in writing to the	22047
department of education not later than ten business days prior to	22048
the opening of the school:	22049

(A) That a current copy of the contract between the sponsor	22050
and the governing authority of the school entered into under	22051
section 3314.03 of the Revised Code has been filed with the state	22052
office of community schools established under section 3314.11 of	22053
the Revised Code and that any subsequent modifications to that	22054
contract will be filed with the office;	22055

(B) That the school has submitted to the sponsor a plan for	22056
providing special education and related services to students with	22057
disabilities and has demonstrated the capacity to provide those	22058
services in accordance with Chapter 3323. of the Revised Code and	22059
federal law;	22060

(C) That the school has a plan and procedures for	22061
administering the achievement tests and diagnostic assessments	22062
prescribed by sections 3301.0710 and 3301.0715 of the Revised	22063
Code;	22064

(D) That school personnel have the necessary training,	22065
knowledge, and resources to properly use and submit information to	22066
all databases maintained by the department for the collection of	22067
education data, including the education management information	22068
system established under section 3301.0714 of the Revised Code in	22069
accordance with methods and timelines established under section	22070
3314.17 of the Revised Code;	22071

(E) That all required information about the school has been	22072
submitted to the Ohio education directory system or any successor	22073
system;	22074

(F) That the school will enroll at least the minimum number	22075
of students required by division (A)(11)(a) of section 3314.03 of	22076
the Revised Code in the school year for which the assurances are	22077
provided;	22078

(G) That all classroom teachers are licensed in accordance	22079
with sections 3319.22 to 3319.31 of the Revised Code, except for	22080
noncertificated persons engaged to teach up to twelve hours per	22081
week pursuant to section 3319.301 of the Revised Code;	22082

(H) That the school's fiscal officer is in compliance with	22083
section 3314.011 of the Revised Code;	22084

(I) That the school has complied with section 3319.39 of the	22085
Revised Code with respect to all employees who are responsible for	22086
the care, custody, or control of a child and that the school has	22087
conducted a criminal records check of each of its governing	22088
authority members;	22089

(J) That the school holds all of the following:

22090

(1) Proof of property ownership or a lease for the facilities	22091
used by the school;	22092

(2) A certificate of occupancy;

22093

(3) Liability insurance for the school, as required by	22094
division (A)(11)(b) of section 3314.03 of the Revised Code, that	22095
the sponsor considers sufficient to indemnify the school's	22096
facilities, staff, and governing authority against risk;	22097

(4) A satisfactory health and safety inspection;

22098

(5) A satisfactory fire inspection;

22099

(6) A valid food permit, if applicable.

22100

(K) That the sponsor has conducted a pre-opening site visit	22101
to the school for the school year for which the assurances are	22102
provided;	22103

(L) That the school has designated a date it will open for	22104
the school year for which the assurances are provided that is in	22105
compliance with division (A)(25) of section 3314.03 of the Revised	22106
Code;	22107

(M) That the school has met all of the sponsor's requirements	22108
for opening and any other requirements of the sponsor.	22109

Sec. 3314.26. (A) Each internet- or computer-based community	22110
school shall withdraw from the school any student who, for two	22111
consecutive school years, has failed to participate in the spring	22112
administration of any test prescribed under section 3301.0710 or	22113
3301.0712 of the Revised Code for the student's grade level and	22114
was not excused from the test pursuant to division (C)(1) or (3)	22115
of section 3301.0711 of the Revised Code, regardless of whether a	22116
waiver was granted for the student under division ~~(P)~~(Q)(3) of	22117
section 3314.08 of the Revised Code. The school shall report any	22118
such student's data verification code, as assigned pursuant to	22119
section 3301.0714 of the Revised Code, to the department of	22120
education. The department shall maintain a list of all data	22121
verification codes reported under this division and section	22122
3313.6410 of the Revised Code and provide that list to each	22123
internet- or computer-based community school and to each school to	22124
which section 3313.6410 of the Revised Code applies.	22125

(B) No internet- or computer-based community school shall	22126
receive any state funds under this chapter for any enrolled	22127
student whose data verification code appears on the list	22128
maintained by the department under division (A) of this section.	22129

Notwithstanding any provision of the Revised Code to the	22130
contrary, the parent of any such student shall pay tuition to the	22131
internet- or computer-based community school in an amount equal to	22132
the state funds the school otherwise would receive for that	22133
student, as determined by the department. An internet- or	22134
computer-based community school may withdraw any student for whom	22135
the parent does not pay tuition as required by this division.	22136

Sec. 3317.01. As used in this section and section 3317.011	22137
of the Revised Code, "school district," unless otherwise	22138
specified, means any city, local, exempted village, joint	22139
vocational, or cooperative education school district and any	22140
educational service center.	22141

This chapter shall be administered by the state board of	22142
education. The superintendent of public instruction shall	22143
calculate the amounts payable to each school district and shall	22144
certify the amounts payable to each eligible district to the	22145
treasurer of the district as provided by this chapter. As soon as	22146
possible after such amounts are calculated, the superintendent	22147
shall certify to the treasurer of each school district the	22148
district's adjusted charge-off increase, as defined in section	22149
5705.211 of the Revised Code. No moneys shall be distributed	22150
pursuant to this chapter without the approval of the controlling	22151
board.	22152

The state board of education shall, in accordance with	22153
appropriations made by the general assembly, meet the financial	22154
obligations of this chapter.	22155

Annually, the department of education shall calculate and	22156
report to each school district the district's total state and	22157
local funds for providing an adequate basic education to the	22158
district's ~~nonhandicapped~~nondisabled students, utilizing the	22159
determination in section 3317.012 of the Revised Code. In	22160
addition, the department shall calculate and report separately for	22161
each school district the district's total state and local funds	22162
for providing an adequate education for its ~~handicapped~~ students	22163
with disabilities, utilizing the determinations in both sections	22164
3317.012 and 3317.013 of the Revised Code.	22165

Not later than the thirty-first day of August of each fiscal	22166
year, the department of education shall provide to each school	22167
district and county MR/DD board a preliminary estimate of the	22168
amount of funding that the department calculates the district will	22169
receive under each of divisions (C)(1) and (4) of section 3317.022	22170
of the Revised Code. No later than the first day of December of	22171
each fiscal year, the department shall update that preliminary	22172
estimate.	22173

Moneys distributed pursuant to this chapter shall be	22174
calculated and paid on a fiscal year basis, beginning with the	22175
first day of July and extending through the thirtieth day of June.	22176
The moneys appropriated for each fiscal year shall be distributed	22177
at least monthly to each school district unless otherwise provided	22178
for. The state board shall submit a yearly distribution plan to	22179
the controlling board at its first meeting in July. The state	22180
board shall submit any proposed midyear revision of the plan to	22181
the controlling board in January. Any year-end revision of the	22182
plan shall be submitted to the controlling board in June. If	22183
moneys appropriated for each fiscal year are distributed other	22184
than monthly, such distribution shall be on the same basis for	22185
each school district.	22186

The total amounts paid each month shall constitute, as nearly	22187
as possible, one-twelfth of the total amount payable for the	22188
entire year.	22189

Until fiscal year 2007, payments made during the first six	22190
months of the fiscal year may be based on an estimate of the	22191
amounts payable for the entire year. Payments made in the last	22192
six months shall be based on the final calculation of the amounts	22193
payable to each school district for that fiscal year. Payments	22194
made in the last six months may be adjusted, if necessary, to	22195
correct the amounts distributed in the first six months, and to	22196
reflect enrollment increases when such are at least three per	22197
cent.	22198

Beginning in fiscal year 2007, payments shall be calculated	22199
to reflect the biannual reporting of average daily membership. In	22200
fiscal year 2007 and in each fiscal year thereafter, annualized	22201
periodic payments for each school district shall be based on the	22202
district's final student counts ~~certified pursuant to~~verified by	22203
the superintendent of public instruction based on reports under	22204
section 3317.03 of the Revised Code, as adjusted, if so ordered,	22205
under division (K) of that section, as follows:	22206

the sum of one-half of the number of students ~~reported~~ verified	22207
and adjusted	22208

for the first full week in October plus one-half of the	22209

average of the numbers ~~reported~~ verified and adjusted for the	22210
first full week	22211

in October and for the first full week in February	22212

Except as otherwise provided, payments under this chapter	22213
shall be made only to those school districts in which:	22214

(A) The school district, except for any educational service	22215
center and any joint vocational or cooperative education school	22216
district, levies for current operating expenses at least twenty	22217
mills. Levies for joint vocational or cooperative education	22218
school districts or county school financing districts, limited to	22219
or to the extent apportioned to current expenses, shall be	22220
included in this qualification requirement. School district income	22221
tax levies under Chapter 5748. of the Revised Code, limited to or	22222
to the extent apportioned to current operating expenses, shall be	22223
included in this qualification requirement to the extent	22224
determined by the tax commissioner under division (D) of section	22225
3317.021 of the Revised Code.	22226

(B) The school year next preceding the fiscal year for which	22227
such payments are authorized meets the requirement of section	22228
3313.48 or 3313.481 of the Revised Code, with regard to the	22229
minimum number of days or hours school must be open for	22230
instruction with pupils in attendance, for individualized	22231
parent-teacher conference and reporting periods, and for	22232
professional meetings of teachers. This requirement shall be	22233
waived by the superintendent of public instruction if it had been	22234
necessary for a school to be closed because of disease epidemic,	22235
hazardous weather conditions, inoperability of school buses or	22236
other equipment necessary to the school's operation, damage to a	22237
school building, or other temporary circumstances due to utility	22238
failure rendering the school building unfit for school use,	22239
provided that for those school districts operating pursuant to	22240
section 3313.48 of the Revised Code the number of days the school	22241
was actually open for instruction with pupils in attendance and	22242
for individualized parent-teacher conference and reporting periods	22243
is not less than one hundred seventy-five, or for those school	22244
districts operating on a trimester plan the number of days the	22245
school was actually open for instruction with pupils in attendance	22246
not less than seventy-nine days in any trimester, for those school	22247
districts operating on a quarterly plan the number of days the	22248
school was actually open for instruction with pupils in attendance	22249
not less than fifty-nine days in any quarter, or for those school	22250
districts operating on a pentamester plan the number of days the	22251
school was actually open for instruction with pupils in attendance	22252
not less than forty-four days in any pentamester.	22253

A school district shall not be considered to have failed to	22254
comply with this division or section 3313.481 of the Revised Code	22255
because schools were open for instruction but either twelfth grade	22256
students were excused from attendance for up to three days or only	22257
a portion of the kindergarten students were in attendance for up	22258
to three days in order to allow for the gradual orientation to	22259
school of such students.	22260

The superintendent of public instruction shall waive the	22261
requirements of this section with reference to the minimum number	22262
of days or hours school must be in session with pupils in	22263
attendance for the school year succeeding the school year in which	22264
a board of education initiates a plan of operation pursuant to	22265
section 3313.481 of the Revised Code. The minimum requirements of	22266
this section shall again be applicable to such a district	22267
beginning with the school year commencing the second July	22268
succeeding the initiation of one such plan, and for each school	22269
year thereafter.	22270

A school district shall not be considered to have failed to	22271
comply with this division or section 3313.48 or 3313.481 of the	22272
Revised Code because schools were open for instruction but the	22273
length of the regularly scheduled school day, for any number of	22274
days during the school year, was reduced by not more than two	22275
hours due to hazardous weather conditions.	22276

(C) The school district has on file, and is paying in	22277
accordance with, a teachers' salary schedule which complies with	22278
section 3317.13 of the Revised Code.	22279

A board of education or governing board of an educational	22280
service center which has not conformed with other law and the	22281
rules pursuant thereto, shall not participate in the distribution	22282
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	22283
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	22284
and sufficient reason established to the satisfaction of the state	22285
board of education and the state controlling board.	22286

All funds allocated to school districts under this chapter,	22287
except those specifically allocated for other purposes, shall be	22288
used to pay current operating expenses only.	22289

Sec. 3317.012. (A) The general assembly, having deliberated	22290
on the model with which to calculate the base cost of an adequate	22291
education per pupil, has made a policy decision to calculate that	22292
amount as consisting of the following building blocks:	22293

(1) Base classroom teachers;

22294

(2) Other personnel support, which includes additional	22295
teachers, such as music, arts, and physical education teachers	22296
funded by state, local, or federal funds or other funds that are	22297
above the base cost funding level, and other school personnel	22298
including administrators;	22299

(3) Nonpersonnel support.

22300

This model reflects policy decisions made by the general	22301
assembly concerning the cost of base classroom teachers, which	22302
decisions entail two policy variables: the number of students per	22303
base classroom teacher necessary for an adequate education and the	22304
average compensation for a base classroom teacher necessary for an	22305
adequate education. The model requires the general assembly to	22306
decide the amount of other personnel support necessary for an	22307
adequate education~~, and increase that amount from year to year by~~	22308
~~the same percentage as it increases the average compensation for~~	22309
~~base classroom teachers~~. The model finally requires the general	22310
assembly to decide the nonpersonnel costs necessary for an	22311
adequate education and to inflate the nonpersonnel costs from year	22312
to year using the projected inflationary measure for the gross	22313
domestic product deflator (all items) prepared by the bureau of	22314
labor statistics of the United States department of labor.	22315

(B)(1) For fiscal year ~~2006~~2008, the general assembly has	22316
resolved that a ratio of one base classroom teacher per twenty	22317
students is necessary for an adequate education. The general	22318
assembly has made a policy decision that the average compensation	22319
for base classroom teachers is ~~$53,680~~$56,754 for fiscal year	22320
~~2006~~2008, which includes an amount for the value of fringe	22321
benefits. For fiscal year ~~2007~~2009, the general assembly has	22322
resolved that a ratio of one base classroom teacher per twenty	22323
students is necessary for an adequate education. The general	22324
assembly has made a policy decision that the average compensation	22325
for base classroom teachers is ~~$54,941~~$58,621 for fiscal year	22326
2009, which includes an amount for the value of fringe benefits.	22327
Based on a ratio of twenty students per base classroom teacher,	22328
these amounts equal ~~$2,684~~$2,838 per pupil in fiscal year ~~2006~~	22329
2008 and ~~$2,747~~$2,931 per pupil in fiscal year ~~2007~~2009.	22330

(2) The general assembly has made a policy decision that the	22331
per pupil cost of salary and benefits of other personnel support	22332
is ~~$1,807~~$1,905 in fiscal year ~~2006~~2008. Based on the percentage	22333
increase for the ~~average compensation of base classroom teachers~~	22334
per pupil cost of salary and benefits of other personnel support	22335
from fiscal year ~~2006~~2007 to fiscal year ~~2007~~2008, the per pupil	22336
cost of other personnel support is ~~$1,850~~$1,962 in fiscal year	22337
~~2007~~2009.	22338

(3) The general assembly has made a policy decision that the	22339
per pupil cost of nonpersonnel support is ~~$792~~$822 in fiscal year	22340
~~2006~~2008 and ~~$806~~$839 in fiscal year ~~2007~~2009. The amount for	22341
fiscal year ~~2007~~2009 reflects the projected inflationary measure	22342
for the gross domestic product deflator (all items) of ~~1.80%~~	22343
2.00%.	22344

(4) Based on the determinations specified in divisions (B)(1)	22345
to (3) of this section, the per-pupil base cost is ~~$5,283~~$5,565	22346
in fiscal year ~~2006~~2008 and ~~$5,403~~$5,732 in fiscal year ~~2007~~	22347
2009.	22348

(C) In addition to the per-pupil base cost as determined	22349
under divisions (A) and (B) of this section, the general assembly	22350
determines that the following base funding supplements shall be	22351
paid to each school district:	22352

(1) Base funding for large-group academic intervention for	22353
all students, based on 25 hours per group of students per year at	22354
an hourly rate of ~~$20.00~~$21.01 in fiscal year ~~2006~~2008 and	22355
~~$20.40~~$21.64 in fiscal year ~~2007~~2009, as follows:	22356

large-group intervention units X 25 hours X hourly rate	22357

Where:

22358

(a) "Large-group intervention units" equals the district's	22359
formula ADM divided by 20;	22360

(b) "Hourly rate" equals ~~$20.00~~$21.01 in fiscal year ~~2006~~	22361
2008 and ~~$20.40~~$21.64 in fiscal year ~~2007~~2009.	22362

(2) Base funding for professional development, phased in	22363
according to the following formula:	22364

district's teacher factor X 0.045 X	22365

formula amount X phase-in percentage	22366

Where:

22367

(a) For each school district, the district's "teacher factor"	22368
is the district's formula ADM divided by 17;	22369

(b) "Phase-in percentage" equals ~~0.25 in fiscal year 2006 and~~	22370
0.75 ~~in fiscal year 2007~~.	22371

(3) Base funding for data-based decision making, calculated	22372
according to the following formula:	22373

0.001 X formula amount X formula ADM	22374

(4) Base funding for professional development regarding	22375
data-based decision making, calculated according to the following	22376
formula:	22377

(0.20 X the district's teacher factor X 0.08 X formula amount) +	22378

(the district's principal factor X	22379

0.08 X formula amount)	22380

Where:

22381

(a) For each school district, the district's "teacher factor"	22382
is the district's formula ADM divided by 17;	22383

(b) For each school district, the district's "principal	22384
factor" is the district's formula ADM divided by 340.	22385

(D) The general assembly intends that school districts spend	22386
the state funds calculated and paid for each component of the	22387
building blocks methodology described in divisions (B)(1) to (3)	22388
and (C)(1) to (4) of this section according to the purposes	22389
described in those divisions.	22390

Sec. 3317.013. Except for a ~~handicapped~~ preschool child with	22391
a disability for whom a scholarship has been awarded under section	22392
3310.41 of the Revised Code, this section does not apply to	22393
~~handicapped~~ preschool ~~students~~children with disabilities.	22394

Analysis of special education cost data has resulted in a	22395
finding that the average special education additional cost per	22396
pupil, including the costs of related services, can be expressed	22397
as a multiple of the base cost per pupil calculated under section	22398
3317.012 of the Revised Code. The multiples for the following	22399
categories of special education programs, as these programs are	22400
defined for purposes of Chapter 3323. of the Revised Code, and	22401
adjusted as provided in this section, are as follows:	22402

(A) A multiple of 0.2892 for students whose primary or only	22403
identified ~~handicap~~disability is a speech and language ~~handicap~~	22404
disability, as this term is defined pursuant to Chapter 3323. of	22405
the Revised Code;	22406

(B) A multiple of 0.3691 for students identified as specific	22407
learning disabled or developmentally ~~handicapped~~disabled, as	22408
these terms are defined pursuant to Chapter 3323. of the Revised	22409
Code, or as having an other health ~~handicapped-minor~~	22410
impairment-minor;	22411

(C) A multiple of 1.7695 for students identified as hearing	22412
~~handicapped~~disabled, vision impaired, or severe behavior	22413
~~handicapped~~disabled, as these terms are defined pursuant to	22414
Chapter 3323. of the Revised Code;	22415

(D) A multiple of 2.3646 for students identified as	22416
orthopedically ~~handicapped~~disabled, as this term is defined	22417
pursuant to Chapter 3323. of the Revised Code or as having an	22418
other health ~~handicapped - major~~impairment-major;	22419

(E) A multiple of 3.1129 for students identified as	22420
~~multihandicapped~~having multiple disabilities, as this term is	22421
defined pursuant to Chapter 3323. of the Revised Code;	22422

(F) A multiple of 4.7342 for students identified as autistic,	22423
having traumatic brain injuries, or as both visually and hearing	22424
~~disabled~~impaired, as these terms are defined pursuant to Chapter	22425
3323. of the Revised Code.	22426

In fiscal ~~year 2004~~years 2008 and 2009, the multiples	22427
specified in divisions (A) to (F) of this section ~~shall be~~	22428
~~adjusted by multiplying them by 0.88. In fiscal years 2005, 2006,~~	22429
~~and 2007, the multiples specified in those divisions~~ shall be	22430
adjusted by multiplying them by 0.90.	22431

Not later than the thirtieth day of ~~May~~December in ~~2004,~~	22432
~~2005, 2006, and~~ 2007, 2008, and 2009, the department of education	22433
shall submit to the office of budget and management a report that	22434
specifies for each city, local, exempted village, and joint	22435
vocational school district the fiscal year allocation of the state	22436
and local shares of special education and related services	22437
additional weighted funding and federal special education funds	22438
passed through to the district.	22439

Sec. 3317.014. The average vocational education additional	22440
cost per pupil can be expressed as a multiple of the base cost per	22441
pupil calculated under section 3317.012 of the Revised Code. ~~the~~	22442
The multiples for the following categories of vocational education	22443
programs are as follows:	22444

(A) A multiple of 0.57 for students enrolled in vocational	22445
education job-training and workforce development programs approved	22446
by the department of education in accordance with rules adopted	22447
under section 3313.90 of the Revised Code.	22448

(B) A multiple of 0.28 for students enrolled in vocational	22449
education classes other than job-training and workforce	22450
development programs.	22451

Vocational education associated services costs can be	22452
expressed as a multiple of 0.05 of the base cost per pupil	22453
calculated under section 3317.012 of the Revised Code.	22454

~~The general assembly has adjusted the multiples specified in~~	22455
~~this section for calculating payments beginning in fiscal year~~	22456
~~2002 in recognition that its policy change regarding the~~	22457
~~application of the cost-of-doing-business factor produces a higher~~	22458
~~base cost amount than would exist if no change were made to its~~	22459
~~application. The adjustment maintains the same weighted costs as~~	22460
~~would exist if no change were made to the application of the~~	22461
~~cost-of-doing-business factor.~~	22462

~~The~~By the thirtieth day of each December, the department of	22463
education shall ~~annually~~ report to the ~~governor~~office of budget	22464
and management and the general assembly the amount of weighted	22465
funding for vocational education and associated services that is	22466
was spent by each city, local, exempted village, and joint	22467
vocational school district specifically for vocational educational	22468
and associated services during the previous fiscal year.	22469

Sec. 3317.015. (A) In addition to the information certified	22470
to the department of education and the office of budget and	22471
management under division (A) of section 3317.021 of the Revised	22472
Code, the tax commissioner shall, at the same time, certify the	22473
following information to the department and the office of budget	22474
and management for each city, exempted village, and local school	22475
district to be used for the same purposes as described under that	22476
division:	22477

(1) The taxable value of the school district's carryover	22478
property, as defined in section 319.301 of the Revised Code, for	22479
the preceding tax year;	22480

(2) The increase in such carryover value, if any, between the	22481
second preceding tax year and the preceding tax year as used in	22482
calculating the percentage reduction under section 319.301 of the	22483
Revised Code.	22484

(B) For each fiscal year the department of education shall	22485
calculate each school district's recognized valuation in the	22486
following manner:	22487

(1) For a school district located in a county in which a	22488
reappraisal or triennial update occurred in the preceding tax	22489
year, the recognized valuation equals the district's total taxable	22490
value for the preceding tax year minus two-thirds times the	22491
increase in the carryover value from the second preceding tax year	22492
to the preceding tax year.	22493

(2) For a school district located in a county in which a	22494
reappraisal or triennial update occurred in the second preceding	22495
tax year, the recognized valuation equals the district's total	22496
taxable value for the preceding tax year minus one-third times the	22497
increase in the carryover value from the third preceding tax year	22498
to the second preceding tax year.	22499

(3) For a school district located in a county in which a	22500
reappraisal or triennial update occurred in the third preceding	22501
tax year, the recognized valuation equals the district's total	22502
taxable value for the preceding tax year.	22503

Sec. 3317.016. In addition to its form SF-3, or any successor	22504
to that form, the department of education shall publish on its web	22505
site a spreadsheet for each school district that specifies the	22506
constituent components of the district's "building blocks" funds,	22507
as follows:	22508

(A) For compensation of base classroom teachers, as described	22509
in division (B)(1) of section 3317.012 of the Revised Code, each	22510
spreadsheet shall specify the district's aggregate and per pupil	22511
amounts of state funds and of combined state and local funds, the	22512
average compensation decided by the general assembly for base	22513
classroom teachers, as specified in that division, and the number	22514
of base classroom teachers attributable to the district based on	22515
the student-teacher ratio decided by the general assembly, as	22516
specified in that division.	22517

(B) Each spreadsheet shall specify the district's aggregate	22518
and per pupil amounts of state funds and of combined state and	22519
local funds for each of the following:	22520

(1) Other personnel support, as described in division (B)(2)	22521
of section 3317.012 of the Revised Code;	22522

(2) Nonpersonnel support, as described in division (B)(3) of	22523
that section;	22524

(3) Academic intervention services, as described in division	22525
(C)(1) of that section;	22526

(4) Professional development, as described in division (C)(2)	22527
of that section;	22528

(5) Data-based decision making, as described in division	22529
(C)(3) of that section;	22530

(6) Professional development for data-based decision making,	22531
as described in division (C)(4) of that section.	22532

(C) Each spreadsheet shall separately specify the district's	22533
aggregate and per pupil state funds for each of the following	22534
components of poverty-based assistance under section 3317.029 of	22535
the Revised Code:	22536

(1) ~~Poverty-based assistance guarantee payment under division~~	22537
~~(B) of that section;~~	22538

~~(2)~~ Academic intervention funding under division (C) of that	22539
section;	22540

~~(3)~~(2) All-day kindergarten under division (D) of that	22541
section;	22542

~~(4) Class-size reduction~~(3) Increased classroom learning	22543
opportunities under division (E) of that section;	22544

~~(5)~~(4) Services to limited English proficient students under	22545
division (F) of that section;	22546

~~(6)~~(5) Professional development, under division (G) of that	22547
section;	22548

~~(7)~~(6) Dropout prevention under division (H) of that section;

22549

~~(8)~~(7) Community outreach under division (I) of that section;

22550

(8) Assistance in closing the achievement gap under division	22551
(K) of that section.	22552

Sec. 3317.017. (A) Not later than July 1, 2006, the	22553
superintendent of public instruction shall adopt a rule under	22554
which the superintendent may issue an order with respect to the	22555
spending, by a school district declared to be under an academic	22556
watch or in a state of academic emergency under section 3302.03 of	22557
the Revised Code, of the following state building block funds	22558
intended to pay instructional-related costs:	22559

(1) State funds for compensation of base classroom teachers,	22560
as described in division (B)(1) of section 3317.012 of the Revised	22561
Code;	22562

(2) State funds for academic intervention services under	22563
division (C)(1) of section 3317.012 and division (C) of section	22564
3317.029 of the Revised Code;	22565

(3) State funds for professional development under divisions	22566
(C)(2) and (4) of section 3317.012 and division (G) of section	22567
3317.029 of the Revised Code;	22568

(4) State funds for data based decision making under division	22569
(C)(3) of section 3317.012 of the Revised Code;	22570

(5) ~~The poverty-based assistance guarantee payment under~~	22571
~~division (B) of section 3317.029 of the Revised Code;~~	22572

~~(6)~~ State funds for all-day kindergarten under division (D)	22573
of section 3317.029 of the Revised Code;	22574

~~(7)~~(6) State funds for ~~class-size reduction~~increased	22575
classroom learning opportunities under division (E) of section	22576
3317.029 of the Revised Code;	22577

~~(8)~~(7) State funds for services to limited English proficient	22578
students under division (F) of section 3317.029 of the Revised	22579
Code;	22580

~~(9)~~(8) State funds for dropout prevention under division (H)	22581
of section 3317.029 of the Revised Code;	22582

~~(10)~~(9) State funds for community outreach under division (I)	22583
of section 3317.029 of the Revised Code;	22584

(10) State funds for assistance in closing the achievement	22585
gap under division (K) of section 3317.029 of the Revised Code.	22586

(B) The rule shall authorize the superintendent of public	22587
instruction to issue an order that does one or a combination of	22588
the following:	22589

(1) Requires the school district to periodically report to	22590
the superintendent of public instruction on its spending of the	22591
state funds paid for each building blocks component described in	22592
divisions (A)(1) to (10) of this section;	22593

(2) Requires the district to establish a separate account for	22594
each of the building blocks components described in divisions	22595
(A)(1) to (10) of this section to which the district shall credit	22596
the state funds paid for each;	22597

(3) Directs the district's spending of any or all of the	22598
state funds paid for the components described in divisions (A)(1)	22599
to (10) of this section in accordance with the descriptions and	22600
requirements of sections 3317.012 and 3317.029 of the Revised	22601
Code.	22602

(C) The rule shall specify situations in which the	22603
superintendent may issue an order and the types of orders the	22604
superintendent will issue for each of those situations. The rule,	22605
however, shall authorize the superintendent to issue orders in	22606
situations that are not enumerated or described in the rule.	22607

(D) The board of education of each school district to which	22608
the superintendent of public instruction issues an order pursuant	22609
to the rule adopted under this section shall comply with that	22610
order.	22611

Sec. 3317.02. As used in this chapter:

22612

(A) Unless otherwise specified, "school district" means city,	22613
local, and exempted village school districts.	22614

(B) "Formula amount" means the base cost for the fiscal year	22615
specified in division (B)(4) of section 3317.012 of the Revised	22616
Code.	22617

(C) "FTE basis" means a count of students based on full-time	22618
equivalency, in accordance with rules adopted by the department of	22619
education pursuant to section 3317.03 of the Revised Code. In	22620
adopting its rules under this division, the department shall	22621
provide for counting any student in category one, two, three,	22622
four, five, or six special education ADM or in category one or two	22623
vocational education ADM in the same proportion the student is	22624
counted in formula ADM.	22625

(D) "Formula ADM" means, for a city, local, or exempted	22626
village school district, the final number verified by the	22627
superintendent of public instruction, based on the number reported	22628
pursuant to division (A) of section 3317.03 of the Revised Code,	22629
~~and~~as adjusted, if so ordered, under division (K) of that	22630
section. "Formula ADM" means, for a joint vocational school	22631
district, the final number verified by the superintendent of	22632
public instruction, based on the number reported pursuant to	22633
division (D) of section 3317.03 of the Revised Code, as adjusted,	22634
if so ordered, under division (K) of that section. Beginning in	22635
fiscal year 2007, for payments in which formula ADM is a factor,	22636
the formula ADM for each school district for the fiscal year is	22637
the sum of one-half of the number ~~reported~~verified and adjusted	22638
for October of that fiscal year plus one-half of the average of	22639
the numbers ~~reported~~verified and adjusted for October and	22640
February of that fiscal year.	22641

(E) "Three-year average formula ADM" means the average of	22642
formula ADMs for the ~~current and~~ preceding ~~two~~three fiscal years.	22643

(F)(1) "Category one special education ADM" means the average	22644
daily membership of ~~handicapped~~ children with disabilities	22645
receiving special education services for the ~~handicap~~disability	22646
specified in division (A) of section 3317.013 of the Revised Code	22647
and reported under division (B)(5) or (D)(2)(b) of section 3317.03	22648
of the Revised Code. Beginning in fiscal year 2007, the district's	22649
category one special education ADM for a fiscal year is the sum of	22650
one-half of the number reported for October of that fiscal year	22651
plus one-half of the average of the numbers reported for October	22652
and February of that fiscal year.	22653

(2) "Category two special education ADM" means the average	22654
daily membership of ~~handicapped~~ children with disabilities	22655
receiving special education services for those ~~handicaps~~	22656
disabilities specified in division (B) of section 3317.013 of the	22657
Revised Code and reported under division (B)(6) or (D)(2)(c) of	22658
section 3317.03 of the Revised Code. Beginning in fiscal year	22659
2007, the district's category two special education ADM for a	22660
fiscal year is the sum of one-half of the number reported for	22661
October of that fiscal year plus one-half of the average of the	22662
numbers reported for October and February of that fiscal year.	22663

(3) "Category three special education ADM" means the average	22664
daily membership of students receiving special education services	22665
for those ~~handicaps~~disabilities specified in division (C) of	22666
section 3317.013 of the Revised Code, and reported under division	22667
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	22668
Beginning in fiscal year 2007, the district's category three	22669
special education ADM for a fiscal year is the sum of one-half of	22670
the number reported for October of that fiscal year plus one-half	22671
of the average of the numbers reported for October and February of	22672
that fiscal year.	22673

(4) "Category four special education ADM" means the average	22674
daily membership of students receiving special education services	22675
for those ~~handicaps~~disabilities specified in division (D) of	22676
section 3317.013 of the Revised Code and reported under division	22677
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	22678
Beginning in fiscal year 2007, the district's category four	22679
special education ADM for a fiscal year is the sum of one-half of	22680
the number reported for October of that fiscal year plus one-half	22681
of the average of the numbers reported for October and February of	22682
that fiscal year.	22683

(5) "Category five special education ADM" means the average	22684
daily membership of students receiving special education services	22685
for the ~~handicap~~disabilities specified in division (E) of section	22686
3317.013 of the Revised Code and reported under division (B)(9) or	22687
(D)(2)(f) of section 3317.03 of the Revised Code. Beginning in	22688
fiscal year 2007, the district's category five special education	22689
ADM for a fiscal year is the sum of one-half of the number	22690
reported for October of that fiscal year plus one-half of the	22691
average of the numbers reported for October and February of that	22692
fiscal year.	22693

(6) "Category six special education ADM" means the average	22694
daily membership of students receiving special education services	22695
for the ~~handicap~~disabilities specified in division (F) of section	22696
3317.013 of the Revised Code and reported under division (B)(10)	22697
or (D)(2)(g) of section 3317.03 of the Revised Code. Beginning in	22698
fiscal year 2007, the district's category six special education	22699
ADM for a fiscal year is the sum of one-half of the number	22700
reported for October of that fiscal year plus one-half of the	22701
average of the numbers reported for October and February of that	22702
fiscal year.	22703

(7) "Category one vocational education ADM" means the average	22704
daily membership of students receiving vocational education	22705
services described in division (A) of section 3317.014 of the	22706
Revised Code and reported under division (B)(11) or (D)(2)(h) of	22707
section 3317.03 of the Revised Code. Beginning in fiscal year	22708
2007, the district's category one vocational education ADM for a	22709
fiscal year is the sum of one-half of the number reported for	22710
October of that fiscal year plus one-half of the average of the	22711
numbers reported for October and February of that fiscal year.	22712

(8) "Category two vocational education ADM" means the average	22713
daily membership of students receiving vocational education	22714
services described in division (B) of section 3317.014 of the	22715
Revised Code and reported under division (B)(12) or (D)(2)(i) of	22716
section 3317.03 of the Revised Code. Beginning in fiscal year	22717
2007, the district's category two vocational education ADM for a	22718
fiscal year is the sum of one-half of the number reported for	22719
October of that fiscal year plus one-half of the average of the	22720
numbers reported for October and February of that fiscal year.	22721

(G) "~~Handicapped preschool~~Preschool child with a disability"	22722
means a ~~handicapped~~ child with a disability, as defined in section	22723
3323.01 of the Revised Code, who is at least age three but is not	22724
of compulsory school age, as defined in section 3321.01 of the	22725
Revised Code, and who is not currently enrolled in kindergarten.	22726

(H) "County MR/DD board" means a county board of mental	22727
retardation and developmental disabilities.	22728

(I) "Recognized valuation" means the amount calculated for a	22729
school district pursuant to section 3317.015 of the Revised Code.	22730

(J) "Transportation ADM" means the number of children	22731
reported under division (B)(13) of section 3317.03 of the Revised	22732
Code.	22733

(K) "Average efficient transportation use cost per student"	22734
means a statistical representation of transportation costs as	22735
calculated under division (D)(2) of section 3317.022 of the	22736
Revised Code.	22737

(L) "Taxes charged and payable" means the taxes charged and	22738
payable against real and public utility property after making the	22739
reduction required by section 319.301 of the Revised Code, plus	22740
the taxes levied against tangible personal property.	22741

(M) "Total taxable value" means the sum of the amounts	22742
certified for a city, local, exempted village, or joint vocational	22743
school district under divisions (A)(1) and (2) of section 3317.021	22744
of the Revised Code.	22745

(N) ~~"Cost-of-doing-business factor" means the amount~~	22746
~~indicated in division (N)(1) or (2) of this section for the county~~	22747
~~in which a city, local, exempted village, or joint vocational~~	22748
~~school district is located. If a city, local, or exempted village~~	22749
~~school district is located in more than one county, the factor is~~	22750
~~the amount indicated for the county to which the district is~~	22751
~~assigned by the state department of education. If a joint~~	22752
~~vocational school district is located in more than one county, the~~	22753
~~factor is the amount indicated for the county in which the joint~~	22754
~~vocational school with the greatest formula ADM operated by the~~	22755
~~district is located.~~	22756

~~(1) In fiscal year 2006, the cost-of-doing-business factor~~	22757
~~for each county is:~~	22758

	~~COST-OF-DOING-BUSINESS~~	22759
~~COUNTY~~	~~FACTOR AMOUNT~~	22760
~~Adams~~	~~1.00233~~	22761
~~Allen~~	~~1.01373~~	22762
~~Ashland~~	~~1.01980~~	22763
~~Ashtabula~~	~~1.02647~~	22764
~~Athens~~	~~1.00093~~	22765
~~Auglaize~~	~~1.01647~~	22766
~~Belmont~~	~~1.00427~~	22767
~~Brown~~	~~1.01180~~	22768
~~Butler~~	~~1.04307~~	22769
~~Carroll~~	~~1.00913~~	22770
~~Champaign~~	~~1.02973~~	22771
~~Clark~~	~~1.02980~~	22772
~~Clermont~~	~~1.03607~~	22773
~~Clinton~~	~~1.02193~~	22774
~~Columbiana~~	~~1.01427~~	22775
~~Coshocton~~	~~1.01153~~	22776
~~Crawford~~	~~1.01093~~	22777
~~Cuyahoga~~	~~1.04173~~	22778
~~Darke~~	~~1.02253~~	22779
~~Defiance~~	~~1.00973~~	22780
~~Delaware~~	~~1.03520~~	22781
~~Erie~~	~~1.02587~~	22782
~~Fairfield~~	~~1.02440~~	22783
~~Fayette~~	~~1.02127~~	22784
~~Franklin~~	~~1.04053~~	22785
~~Fulton~~	~~1.0220~~	22786
~~Gallia~~	~~1.00000~~	22787
~~Geauga~~	~~1.03340~~	22788
~~Greene~~	~~1.02960~~	22789
~~Guernsey~~	~~1.00440~~	22790
~~Hamilton~~	~~1.05000~~	22791
~~Hancock~~	~~1.01433~~	22792
~~Hardin~~	~~1.02373~~	22793
~~Harrison~~	~~1.00493~~	22794
~~Henry~~	~~1.02120~~	22795
~~Highland~~	~~1.00987~~	22796
~~Hocking~~	~~1.01253~~	22797
~~Holmes~~	~~1.01187~~	22798
~~Huron~~	~~1.01953~~	22799
~~Jackson~~	~~1.00920~~	22800
~~Jefferson~~	~~1.00487~~	22801
~~Knox~~	~~1.01860~~	22802
~~Lake~~	~~1.03493~~	22803
~~Lawrence~~	~~1.00540~~	22804
~~Licking~~	~~1.02540~~	22805
~~Logan~~	~~1.02567~~	22806
~~Lorain~~	~~1.03433~~	22807
~~Lucas~~	~~1.02600~~	22808
~~Madison~~	~~1.03253~~	22809
~~Mahoning~~	~~1.02307~~	22810
~~Marion~~	~~1.02040~~	22811
~~Medina~~	~~1.03573~~	22812
~~Meigs~~	~~1.00173~~	22813
~~Mercer~~	~~1.01353~~	22814
~~Miami~~	~~1.02740~~	22815
~~Monroe~~	~~1.00333~~	22816
~~Montgomery~~	~~1.03020~~	22817
~~Morgan~~	~~1.00593~~	22818
~~Morrow~~	~~1.02007~~	22819
~~Muskingum~~	~~1.00847~~	22820
~~Noble~~	~~1.00487~~	22821
~~Ottawa~~	~~1.03240~~	22822
~~Paulding~~	~~1.00767~~	22823
~~Perry~~	~~1.01067~~	22824
~~Pickaway~~	~~1.02607~~	22825
~~Pike~~	~~1.00687~~	22826
~~Portage~~	~~1.03147~~	22827
~~Preble~~	~~1.02947~~	22828
~~Putnam~~	~~1.01440~~	22829
~~Richland~~	~~1.01327~~	22830
~~Ross~~	~~1.01007~~	22831
~~Sandusky~~	~~1.02140~~	22832
~~Scioto~~	~~1.00080~~	22833
~~Seneca~~	~~1.01487~~	22834
~~Shelby~~	~~1.01853~~	22835
~~Stark~~	~~1.01700~~	22836
~~Summit~~	~~1.03613~~	22837
~~Trumbull~~	~~1.02340~~	22838
~~Tuscarawas~~	~~1.00593~~	22839
~~Union~~	~~1.03333~~	22840
~~Van Wert~~	~~1.00887~~	22841
~~Vinton~~	~~1.00633~~	22842
~~Warren~~	~~1.04387~~	22843
~~Washington~~	~~1.00400~~	22844
~~Wayne~~	~~1.02320~~	22845
~~Williams~~	~~1.01520~~	22846
~~Wood~~	~~1.02400~~	22847
~~Wyandot~~	~~1.01140~~	22848

~~(2) In fiscal year 2007, the cost-of-doing-business factor~~	22849
~~for each county is:~~	22850

	~~COST-OF-DOING-BUSINESS~~	22851
~~COUNTY~~	~~FACTOR AMOUNT~~	22852
~~Adams~~	~~1.00117~~	22853
~~Allen~~	~~1.00687~~	22854
~~Ashland~~	~~1.00990~~	22855
~~Ashtabula~~	~~1.01323~~	22856
~~Athens~~	~~1.00047~~	22857
~~Auglaize~~	~~1.00823~~	22858
~~Belmont~~	~~1.00213~~	22859
~~Brown~~	~~1.00590~~	22860
~~Butler~~	~~1.02153~~	22861
~~Carroll~~	~~1.00457~~	22862
~~Champaign~~	~~1.01487~~	22863
~~Clark~~	~~1.01490~~	22864
~~Clermont~~	~~1.01803~~	22865
~~Clinton~~	~~1.01097~~	22866
~~Columbiana~~	~~1.00713~~	22867
~~Coshocton~~	~~1.00577~~	22868
~~Crawford~~	~~1.00547~~	22869
~~Cuyahoga~~	~~1.02087~~	22870
~~Darke~~	~~1.01127~~	22871
~~Defiance~~	~~1.00487~~	22872
~~Delaware~~	~~1.01760~~	22873
~~Erie~~	~~1.01293~~	22874
~~Fairfield~~	~~1.01220~~	22875
~~Fayette~~	~~1.01063~~	22876
~~Franklin~~	~~1.02027~~	22877
~~Fulton~~	~~1.01100~~	22878
~~Gallia~~	~~1.00000~~	22879
~~Geauga~~	~~1.01670~~	22880
~~Greene~~	~~1.01480~~	22881
~~Guernsey~~	~~1.00220~~	22882
~~Hamilton~~	~~1.02500~~	22883
~~Hancock~~	~~1.00717~~	22884
~~Hardin~~	~~1.01187~~	22885
~~Harrison~~	~~1.00247~~	22886
~~Henry~~	~~1.01060~~	22887
~~Highland~~	~~1.00493~~	22888
~~Hocking~~	~~1.00627~~	22889
~~Holmes~~	~~1.00593~~	22890
~~Huron~~	~~1.00977~~	22891
~~Jackson~~	~~1.00460~~	22892
~~Jefferson~~	~~1.00243~~	22893
~~Knox~~	~~1.00930~~	22894
~~Lake~~	~~1.01747~~	22895
~~Lawrence~~	~~1.00270~~	22896
~~Licking~~	~~1.01270~~	22897
~~Logan~~	~~1.01283~~	22898
~~Lorain~~	~~1.01717~~	22899
~~Lucas~~	~~1.01300~~	22900
~~Madison~~	~~1.01627~~	22901
~~Mahoning~~	~~1.01153~~	22902
~~Marion~~	~~1.01020~~	22903
~~Medina~~	~~1.01787~~	22904
~~Meigs~~	~~1.00087~~	22905
~~Mercer~~	~~1.00677~~	22906
~~Miami~~	~~1.01370~~	22907
~~Monroe~~	~~1.00167~~	22908
~~Montgomery~~	~~1.01510~~	22909
~~Morgan~~	~~1.00297~~	22910
~~Morrow~~	~~1.01003~~	22911
~~Muskingum~~	~~1.00423~~	22912
~~Noble~~	~~1.00243~~	22913
~~Ottawa~~	~~1.01620~~	22914
~~Paulding~~	~~1.00383~~	22915
~~Perry~~	~~1.00533~~	22916
~~Pickaway~~	~~1.01303~~	22917
~~Pike~~	~~1.00343~~	22918
~~Portage~~	~~1.01573~~	22919
~~Preble~~	~~1.01473~~	22920
~~Putnam~~	~~1.00720~~	22921
~~Richland~~	~~1.00663~~	22922
~~Ross~~	~~1.00503~~	22923
~~Sandusky~~	~~1.01070~~	22924
~~Scioto~~	~~1.00040~~	22925
~~Seneca~~	~~1.00743~~	22926
~~Shelby~~	~~1.00927~~	22927
~~Stark~~	~~1.00850~~	22928
~~Summit~~	~~1.01807~~	22929
~~Trumbull~~	~~1.01170~~	22930
~~Tuscarawas~~	~~1.00297~~	22931
~~Union~~	~~1.01667~~	22932
~~Van Wert~~	~~1.00443~~	22933
~~Vinton~~	~~1.00317~~	22934
~~Warren~~	~~1.02193~~	22935
~~Washington~~	~~1.00200~~	22936
~~Wayne~~	~~1.01160~~	22937
~~Williams~~	~~1.00760~~	22938
~~Wood~~	~~1.01200~~	22939
~~Wyandot~~	~~1.00570~~	22940

~~(O)~~ "Tax exempt value" of a school district means the amount	22941
certified for a school district under division (A)(4) of section	22942
3317.021 of the Revised Code.	22943

~~(P)~~(O) "Potential value" of a school district means the	22944
recognized valuation of a school district plus the tax exempt	22945
value of the district.	22946

~~(Q)~~(P) "District median income" means the median Ohio	22947
adjusted gross income certified for a school district. On or	22948
before the first day of July of each year, the tax commissioner	22949
shall certify to the department of education and the office of	22950
budget and management for each city, exempted village, and local	22951
school district the median Ohio adjusted gross income of the	22952
residents of the school district determined on the basis of tax	22953
returns filed for the second preceding tax year by the residents	22954
of the district.	22955

~~(R)~~(Q) "Statewide median income" means the median district	22956
median income of all city, exempted village, and local school	22957
districts in the state.	22958

~~(S)~~(R) "Income factor" for a city, exempted village, or local	22959
school district means the quotient obtained by dividing that	22960
district's median income by the statewide median income.	22961

~~(T)~~(S) "Medically fragile child" means a child to whom all of	22962
the following apply:	22963

(1) The child requires the services of a doctor of medicine	22964
or osteopathic medicine at least once a week due to the	22965
instability of the child's medical condition.	22966

(2) The child requires the services of a registered nurse on	22967
a daily basis.	22968

(3) The child is at risk of institutionalization in a	22969
hospital, skilled nursing facility, or intermediate care facility	22970
for the mentally retarded.	22971

~~(U)~~(T) A child may be identified as having an "other health	22972
~~handicapped-major~~impairment-major" if the child's condition meets	22973
the definition of "other health impaired" established in rules	22974
adopted by the state board of education prior to July 1, 2001, and	22975
if either of the following apply:	22976

(1) The child is identified as having a medical condition	22977
that is among those listed by the superintendent of public	22978
instruction as conditions where a substantial majority of cases	22979
fall within the definition of "medically fragile child." The	22980
superintendent of public instruction shall issue an initial list	22981
no later than September 1, 2001.	22982

(2) The child is determined by the superintendent of public	22983
instruction to be a medically fragile child. A school district	22984
superintendent may petition the superintendent of public	22985
instruction for a determination that a child is a medically	22986
fragile child.	22987

~~(V)~~(U) A child may be identified as having an "other health	22988
~~handicapped-minor~~impairment-minor" if the child's condition meets	22989
the definition of "other health impaired" established in rules	22990
adopted by the state board of education prior to July 1, 2001, but	22991
the child's condition does not meet either of the conditions	22992
specified in division ~~(U)~~(T)(1) or (2) of this section.	22993

~~(W) "SF-3 payment" means the sum of the payments to a school~~	22994
~~district in a fiscal year under divisions (A), (C)(1), (C)(4),~~	22995
~~(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)~~	22996
~~of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,~~	22997
~~3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after~~	22998
~~making the adjustments required by sections 3313.981 and 3313.979~~	22999
~~of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M),~~	23000
~~(N), and (O) of section 3317.023, and division (C) of section~~	23001
~~3317.20~~(V) "State education aid" has the same meaning as in	23002
section 5751.20 of the Revised Code.	23003

~~(X)~~(W) "Property exemption value" means zero in fiscal year	23004
2006, and in fiscal year 2007 and each fiscal year thereafter, the	23005
amount certified for a school district under divisions (A)(6) and	23006
(7) of section 3317.021 of the Revised Code.	23007

(X) "Internet- or computer-based community school" has the	23008
same meaning as in section 3314.02 of the Revised Code.	23009

Sec. 3317.021. (A) On or before the first day of June of	23010
each year, the tax commissioner shall certify to the department of	23011
education and the office of budget and management the information	23012
described in divisions (A)(1) to (8) of this section for each	23013
city, exempted village, and local school district, and the	23014
information required by divisions (A)(1) and (2) of this section	23015
for each joint vocational school district, and it shall be used,	23016
along with the information certified under division (B) of this	23017
section, in making the computations for the district under	23018
sections 3317.022, 3317.0216, and 3317.0217 or section 3317.16 of	23019
the Revised Code.	23020

(1) The taxable value of real and public utility real	23021
property in the school district subject to taxation in the	23022
preceding tax year, by class and by county of location.	23023

(2) The taxable value of tangible personal property,	23024
including public utility personal property, subject to taxation by	23025
the district for the preceding tax year.	23026

(3)(a) The total property tax rate and total taxes charged	23027
and payable for the current expenses for the preceding tax year	23028
and the total property tax rate and the total taxes charged and	23029
payable to a joint vocational district for the preceding tax year	23030
that are limited to or to the extent apportioned to current	23031
expenses.	23032

(b) The portion of the amount of taxes charged and payable	23033
reported for each city, local, and exempted village school	23034
district under division (A)(3)(a) of this section attributable to	23035
a joint vocational school district.	23036

(4) The value of all real and public utility real property in	23037
the school district exempted from taxation minus both of the	23038
following:	23039

(a) The value of real and public utility real property in the	23040
district owned by the United States government and used	23041
exclusively for a public purpose;	23042

(b) The value of real and public utility real property in the	23043
district exempted from taxation under Chapter 725. or 1728. or	23044
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	23045
5709.73, or 5709.78 of the Revised Code.	23046

(5) The total federal adjusted gross income of the residents	23047
of the school district, based on tax returns filed by the	23048
residents of the district, for the most recent year for which this	23049
information is available.	23050

(6) The sum of the school district compensation value as	23051
indicated on the list of exempted property for the preceding tax	23052
year under section 5713.08 of the Revised Code as if such property	23053
had been assessed for taxation that year and the other	23054
compensation value for the school district, minus the amounts	23055
described in divisions (A)(6)(c) to (i) of this section. The	23056
portion of school district compensation value or other	23057
compensation value attributable to an incentive district exemption	23058
may be subtracted only once even if that incentive district	23059
satisfies more than one of the criteria in divisions (A)(6)(c) to	23060
(i) of this section.	23061

(a) "School district compensation value" means the aggregate	23062
value of real property in the school district exempted from	23063
taxation pursuant to an ordinance or resolution adopted under	23064
division (C) of section 5709.40, division (C) of section 5709.73,	23065
or division (B) of section 5709.78 of the Revised Code to the	23066
extent that the exempted value results in the charging of payments	23067
in lieu of taxes required to be paid to the school district under	23068
division (D)(1) or (2) of section 5709.40, division (D) of section	23069
5709.73, or division (C) of section 5709.78 of the Revised Code.	23070

(b) "Other compensation value" means the quotient that	23071
results from dividing (i) the dollar value of compensation	23072
received by the school district during the preceding tax year	23073
pursuant to division (B), (C), or (D) of section 5709.82 of the	23074
Revised Code and the amounts received pursuant to an agreement as	23075
specified in division (D)(2) of section 5709.40, division (D) of	23076
section 5709.73, or division (C) of section 5709.78 of the Revised	23077
Code to the extent those amounts were not previously reported or	23078
included in division (A)(6)(a) of this section, and so that any	23079
such amount is reported only once under division (A)(6)(b) of this	23080
section, in relation to exemptions from taxation granted pursuant	23081
to an ordinance or resolution adopted under division (C) of	23082
section 5709.40, division (C) of section 5709.73, or division (B)	23083
of section 5709.78 of the Revised Code, by (ii) the real property	23084
tax rate in effect for the preceding tax year for	23085
nonresidential/agricultural real property after making the	23086
reductions required by section 319.301 of the Revised Code.	23087

(c) The portion of school district compensation value or	23088
other compensation value that was exempted from taxation pursuant	23089
to such an ordinance or resolution for the preceding tax year, if	23090
the ordinance or resolution is adopted prior to January 1, 2006,	23091
and the legislative authority or board of township trustees or	23092
county commissioners, prior to January 1, 2006, executes a	23093
contract or agreement with a developer, whether for-profit or	23094
not-for-profit, with respect to the development of a project	23095
undertaken or to be undertaken and identified in the ordinance or	23096
resolution, and upon which parcels such project is being, or will	23097
be, undertaken;	23098

(d) The portion of school district compensation value that	23099
was exempted from taxation for the preceding tax year and for	23100
which payments in lieu of taxes for the preceding tax year were	23101
provided to the school district under division (D)(1) of section	23102
5709.40 of the Revised Code.	23103

(e) The portion of school district compensation value that	23104
was exempted from taxation for the preceding tax year pursuant to	23105
such an ordinance or resolution, if and to the extent that, on or	23106
before April 1, 2006, the fiscal officer of the municipal	23107
corporation that adopted the ordinance, or of the township or	23108
county that adopted the resolution, certifies and provides	23109
appropriate supporting documentation to the tax commissioner and	23110
the director of development that, based on hold-harmless	23111
provisions in any agreement between the school district and the	23112
legislative authority of the municipal corporation, board of	23113
township trustees, or board of county commissioners that was	23114
entered into on or before June 1, 2005, the ability or obligation	23115
of the municipal corporation, township, or county to repay bonds,	23116
notes, or other financial obligations issued or entered into prior	23117
to January 1, 2006, will be impaired, including obligations to or	23118
of any other body corporate and politic with whom the legislative	23119
authority of the municipal corporation or board of township	23120
trustees or county commissioners has entered into an agreement	23121
pertaining to the use of service payments derived from the	23122
improvements exempted;	23123

(f) The portion of school district compensation value that	23124
was exempted from taxation for the preceding tax year pursuant to	23125
such an ordinance or resolution, if the ordinance or resolution is	23126
adopted prior to January 1, 2006, in a municipal corporation with	23127
a population that exceeds one hundred thousand, as shown by the	23128
most recent federal decennial census, that includes a major	23129
employment center and that is adjacent to historically distressed	23130
neighborhoods, if the legislative authority of the municipal	23131
corporation that exempted the property prepares an economic	23132
analysis that demonstrates that all taxes generated within the	23133
incentive district accruing to the state by reason of improvements	23134
constructed within the district during its existence exceed the	23135
amount the state pays the school district under section 3317.022	23136
of the Revised Code attributable to such property exemption from	23137
the school district's recognized valuation. The analysis shall be	23138
submitted to and approved by the department of development prior	23139
to January 1, 2006, and the department shall not unreasonably	23140
withhold approval.	23141

(g) The portion of school district compensation value that	23142
was exempted from taxation for the preceding tax year under such	23143
an ordinance or resolution, if the ordinance or resolution is	23144
adopted prior to January 1, 2006, and if service payments have	23145
been pledged to be used for mixed-use riverfront entertainment	23146
development in any county with a population that exceeds six	23147
hundred thousand, as shown by the most recent federal decennial	23148
census;	23149

(h) The portion of school district compensation value that	23150
was exempted from taxation for the preceding tax year under such	23151
an ordinance or resolution, if, prior to January 1, 2006, the	23152
legislative authority of a municipal corporation, board of	23153
township trustees, or board of county commissioners has pledged	23154
service payments for a designated transportation capacity project	23155
approved by the transportation review advisory council under	23156
Chapter 5512. of the Revised Code;	23157

(i) The portion of school district compensation value that	23158
was exempted from taxation for the preceding tax year under such	23159
an ordinance or resolution if the legislative authority of a	23160
municipal corporation, board of township trustees, or board of	23161
county commissioners have, by January 1, 2006, pledged proceeds	23162
for designated transportation improvement projects that involve	23163
federal funds for which the proceeds are used to meet a local	23164
share match requirement for such funding.	23165

As used in division (A)(6) of this section, "project" has the	23166
same meaning as in section 5709.40 of the Revised Code.	23167

(7) The aggregate value of real property in the school	23168
district for which an exemption from taxation is granted by an	23169
ordinance or resolution adopted on or after January 1, 2006, under	23170
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	23171
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	23172
Code, as indicated on the list of exempted property for the	23173
preceding tax year under section 5713.08 of the Revised Code and	23174
as if such property had been assessed for taxation that year,	23175
minus the product determined by multiplying (a) the aggregate	23176
value of the real property in the school district exempted from	23177
taxation for the preceding tax year under any of the chapters or	23178
sections specified in this division, by (b) a fraction, the	23179
numerator of which is the difference between (i) the amount of	23180
anticipated revenue such school district would have received for	23181
the preceding tax year if the real property exempted from taxation	23182
had not been exempted from taxation and (ii) the aggregate amount	23183
of payments in lieu of taxes on the exempt real property for the	23184
preceding tax year and other compensation received for the	23185
preceding tax year by the school district pursuant to any	23186
agreements entered into on or after January 1, 2006, under section	23187
5709.82 of the Revised Code between the school district and the	23188
legislative authority of a political subdivision that acted under	23189
the authority of a chapter or statute specified in this division,	23190
that were entered into in relation to such exemption, and the	23191
denominator of which is the amount of anticipated revenue such	23192
school district would have received in the preceding fiscal year	23193
if the real property exempted from taxation had not been exempted.	23194

(8) For each school district receiving payments under	23195
division (B) or (C) of section 3317.0216 of the Revised Code	23196
during the current fiscal year, as included on the most recent	23197
list of such districts sent to the tax commissioner under division	23198
(F) of that section, the following:	23199

(a) The portion of the total amount of taxes charged and	23200
payable for current expenses certified under division (A)(3)(a) of	23201
this section that is attributable to each new levy approved and	23202
charged in the preceding tax year and the respective tax rate of	23203
each of those new levies;	23204

(b) The portion of the total taxes collected for current	23205
expenses under a school district income tax adopted pursuant to	23206
section 5748.03 or 5748.08 of the Revised Code, as certified under	23207
division (A)(2) of section 3317.08 of the Revised Code, that is	23208
attributable to each new school district income tax first	23209
effective in the current taxable year or in the preceding taxable	23210
year.	23211

(B) On or before the first day of May each year, the tax	23212
commissioner shall certify to the department of education and the	23213
office of budget and management the total taxable real property	23214
value of railroads and, separately, the total taxable tangible	23215
personal property value of all public utilities for the preceding	23216
tax year, by school district and by county of location.	23217

(C) If a public utility has properly and timely filed a	23218
petition for reassessment under section 5727.47 of the Revised	23219
Code with respect to an assessment issued under section 5727.23 of	23220
the Revised Code affecting taxable property apportioned by the tax	23221
commissioner to a school district, the taxable value of public	23222
utility tangible personal property included in the certification	23223
under divisions (A)(2) and (B) of this section for the school	23224
district shall include only the amount of taxable value on the	23225
basis of which the public utility paid tax for the preceding year	23226
as provided in division (B)(1) or (2) of section 5727.47 of the	23227
Revised Code.	23228

(D) If on the basis of the information certified under	23229
division (A) of this section, the department determines that any	23230
district fails in any year to meet the qualification requirement	23231
specified in division (A) of section 3317.01 of the Revised Code,	23232
the department shall immediately request the tax commissioner to	23233
determine the extent to which any school district income tax	23234
levied by the district under Chapter 5748. of the Revised Code	23235
shall be included in meeting that requirement. Within five days of	23236
receiving such a request from the department, the tax commissioner	23237
shall make the determination required by this division and report	23238
the quotient obtained under division (D)(3) of this section to the	23239
department and the office of budget and management. This quotient	23240
represents the number of mills that the department shall include	23241
in determining whether the district meets the qualification	23242
requirement of division (A) of section 3317.01 of the Revised	23243
Code.	23244

The tax commissioner shall make the determination required by	23245
this division as follows:	23246

(1) Multiply one mill times the total taxable value of the	23247
district as determined in divisions (A)(1) and (2) of this	23248
section;	23249

(2) Estimate the total amount of tax liability for the	23250
current tax year under taxes levied by Chapter 5748. of the	23251
Revised Code that are apportioned to current operating expenses of	23252
the district;	23253

(3) Divide the amount estimated under division (D)(2) of this	23254
section by the product obtained under division (D)(1) of this	23255
section.	23256

(E)(1) On or before June 1, 2006, and the first day of April	23257
of each year thereafter, the director of development shall report	23258
to the department of education ~~and~~, the tax commissioner, and the	23259
director of budget and management the total amounts of payments	23260
received by each city, local, exempted village, or joint	23261
vocational school district for the preceding tax year pursuant to	23262
division (D) of section 5709.40, division (D) of section 5709.73,	23263
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	23264
or (D) of section 5709.82 of the Revised Code in relation to	23265
exemptions from taxation granted pursuant to an ordinance adopted	23266
by the legislative authority of a municipal corporation under	23267
division (C) of section 5709.40 of the Revised Code, or a	23268
resolution adopted by a board of township trustees or board of	23269
county commissioners under division (C) of section 5709.73 or	23270
division (B) of section 5709.78 of the Revised Code, respectively.	23271
On or before April 1, 2006, and the first day of March of each	23272
year thereafter, the treasurer of each city, local, exempted	23273
village, or joint vocational school district that has entered into	23274
such an agreement shall report to the director of development the	23275
total amounts of such payments the district received for the	23276
preceding tax year as provided in this section. The state board of	23277
education, in accordance with sections 3319.31 and 3319.311 of the	23278
Revised Code, may suspend or revoke the license of a treasurer	23279
found to have willfully reported erroneous, inaccurate, or	23280
incomplete data under this division.	23281

(2) On or before April 1, 2007, and the first day of April of	23282
each year thereafter, the director of development shall report to	23283
the department of education ~~and to~~, the tax commissioner, and the	23284
director of budget and management the total amounts of payments	23285
received by each city, local, exempted village, or joint	23286
vocational school district for the preceding tax year pursuant to	23287
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	23288
in relation to exemptions from taxation granted pursuant to	23289
ordinances or resolutions adopted on or after January 1, 2006,	23290
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	23291
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	23292
Revised Code. On or before March 1, 2007, and the first day of	23293
March of each year thereafter, the treasurer of each city, local,	23294
exempted village, or joint vocational school district that has	23295
entered into such an agreement shall report to the director of	23296
development the total amounts of such payments the district	23297
received for the preceding tax year as provided by this section.	23298
The state board of education, in accordance with sections 3319.31	23299
and 3319.311 of the Revised Code, may suspend or revoke the	23300
license of a treasurer found to have willfully reported erroneous,	23301
inaccurate, or incomplete data under this division.	23302

Sec. 3317.022. (A)(1) The department of education shall	23303
compute and distribute state base cost funding to each eligible	23304
school district for the fiscal year, using the information	23305
obtained under section 3317.021 of the Revised Code in the	23306
calendar year in which the fiscal year begins.	23307

~~(1) Compute~~, according to the following ~~for each eligible~~	23308
~~district~~formula:	23309

{[~~cost-of-doing-business factor X~~	23310

the formula amount X (formula ADM +	23311

preschool scholarship ADM)] +	23312

the sum of the base funding supplements	23313

prescribed in divisions (C)(1) to (4)	23314

of section 3317.012 of the Revised Code} -	23315

[.023 x (the sum of recognized valuation	23316

and property exemption value)] +	23317

the amounts calculated for the district under	23318

sections 3317.029 and 3317.0217 of the Revised Code	23319

If the difference obtained is a negative number, the	23320
district's computation shall be zero.	23321

(2) ~~Compute both of the following for each school district:~~

23322

~~(a) The difference of (i) the district's fiscal year 2005~~	23323
~~base cost payment under the version of division (A)(1) of this~~	23324
~~section in effect in fiscal year 2005, minus (ii) the amount~~	23325
~~computed for the district for the current fiscal year under~~	23326
~~current division (A)(1) of this section;~~	23327

~~(b) The following amount:~~

23328

~~[(fiscal year 2005 base cost payment/fiscal~~	23329

~~year 2005 formula ADM) X~~	23330

~~(current year formula ADM + preschool scholarship ADM)]~~	23331

~~minus the amount computed for the district~~	23332

~~under current division (A)(1) of this section~~	23333

~~If one of the amounts computed under division (A)(2)(a) or~~	23334
~~(b) of this section is a positive amount, the department shall pay~~	23335
~~the district that amount in addition to the amount calculated~~	23336
~~under division (A)(1) of this section. If both amounts are~~	23337
~~positive amounts, the department shall pay the district the lesser~~	23338
~~of the two amounts in addition to the amount calculated under~~	23339
~~division (A)(1) of this section.~~	23340

~~(3)~~(a) For each school district for which the tax exempt	23341
value of the district equals or exceeds twenty-five per cent of	23342
the potential value of the district, the department of education	23343
shall calculate the difference between the district's tax exempt	23344
value and twenty-five per cent of the district's potential value.	23345

(b) For each school district to which division (A)~~(3)~~(2)(a)	23346
of this section applies, the department shall adjust the	23347
recognized valuation used in the calculation under division (A)(1)	23348
of this section by subtracting from it the amount calculated under	23349
division (A)~~(3)~~(2)(a) of this section.	23350

(B) As used in this section:

23351

(1) The "total special education weight" for a district means	23352
the sum of the following amounts:	23353

(a) The district's category one special education ADM	23354
multiplied by the multiple specified in division (A) of section	23355
3317.013 of the Revised Code;	23356

(b) The district's category two special education ADM	23357
multiplied by the multiple specified in division (B) of section	23358
3317.013 of the Revised Code;	23359

(c) The district's category three special education ADM	23360
multiplied by the multiple specified in division (C) of section	23361
3317.013 of the Revised Code;	23362

(d) The district's category four special education ADM	23363
multiplied by the multiple specified in division (D) of section	23364
3317.013 of the Revised Code;	23365

(e) The district's category five special education ADM	23366
multiplied by the multiple specified in division (E) of section	23367
3317.013 of the Revised Code;	23368

(f) The district's category six special education ADM	23369
multiplied by the multiple specified in division (F) of section	23370
3317.013 of the Revised Code.	23371

(2) "State share percentage" means the percentage calculated	23372
for a district as follows:	23373

(a) Calculate the state base cost funding amount for the	23374
district for the fiscal year under division (A) of this section.	23375
If the district would not receive any state base cost funding for	23376
that year under that division, the district's state share	23377
percentage is zero.	23378

(b) If the district would receive state base cost funding	23379
under that division, divide that amount by an amount equal to the	23380
following:	23381

(~~Cost-of-doing-business factor X~~	23382

the formula amount X formula ADM) +	23383

the sum of the base funding supplements	23384

prescribed in divisions (C)(1) to (4)	23385

of section 3317.012 of the Revised Code +	23386

the sum of the amounts calculated for the district under	23387

sections 3317.029 and 3317.0217 of the Revised Code	23388

The resultant number is the district's state share	23389
percentage.	23390

(3) "Related services" includes:

23391

(a) Child study, special education supervisors and	23392
coordinators, speech and hearing services, adaptive physical	23393
development services, occupational or physical therapy, teacher	23394
assistants for ~~handicapped~~ children with disabilities whose	23395
~~handicaps~~disabilities are described in division (B) of section	23396
3317.013 or division (F)(3) of section 3317.02 of the Revised	23397
Code, behavioral intervention, interpreter services, work study,	23398
nursing services, and specialized integrative services as those	23399
terms are defined by the department;	23400

(b) Speech and language services provided to any student with	23401
a ~~handicap~~disability, including any student whose primary or only	23402
~~handicap~~disability is a speech and language ~~handicap~~disability;	23403

(c) Any related service not specifically covered by other	23404
state funds but specified in federal law, including but not	23405
limited to, audiology and school psychological services;	23406

(d) Any service included in units funded under former	23407
division (O)(1) of section ~~3317.023~~3317.024 of the Revised Code;	23408

(e) Any other related service needed by ~~handicapped~~ children	23409
with disabilities in accordance with their individualized	23410
education ~~plans~~programs.	23411

(4) The "total vocational education weight" for a district	23412
means the sum of the following amounts:	23413

(a) The district's category one vocational education ADM	23414
multiplied by the multiple specified in division (A) of section	23415
3317.014 of the Revised Code;	23416

(b) The district's category two vocational education ADM	23417
multiplied by the multiple specified in division (B) of section	23418
3317.014 of the Revised Code.	23419

(5) "Preschool scholarship ADM" means the number of	23420
~~handicapped~~ preschool children with disabilities reported under	23421
division (B)(3)(h) of section 3317.03 of the Revised Code.	23422

(C)(1) The department shall compute and distribute state	23423
special education and related services additional weighted costs	23424
funds to each school district in accordance with the following	23425
formula:	23426

The district's state share percentage X	23427

the formula amount for the year for which	23428

the aid is calculated X the district's	23429

total special education weight	23430

(2) The attributed local share of special education and	23431
related services additional weighted costs equals:	23432

(1 - the district's state share percentage) X the district's	23433

total special education weight X the formula amount	23434

(3)(a) The department shall compute and pay in accordance	23435
with this division additional state aid to school districts for	23436
students in categories two through six special education ADM. If a	23437
district's costs for the fiscal year for a student in its	23438
categories two through six special education ADM exceed the	23439
threshold catastrophic cost for serving the student, the district	23440
may submit to the superintendent of public instruction	23441
documentation, as prescribed by the superintendent, of all its	23442
costs for that student. Upon submission of documentation for a	23443
student of the type and in the manner prescribed, the department	23444
shall pay to the district an amount equal to the sum of the	23445
following:	23446

(i) One-half of the district's costs for the student in	23447
excess of the threshold catastrophic cost;	23448

(ii) The product of one-half of the district's costs for the	23449
student in excess of the threshold catastrophic cost multiplied by	23450
the district's state share percentage.	23451

(b) For purposes of division (C)(3)(a) of this section, the	23452
threshold catastrophic cost for serving a student equals:	23453

(i) For a student in the school district's category two,	23454
three, four, or five special education ADM, ~~twenty-five thousand~~	23455
~~dollars in fiscal year 2002, twenty-five thousand seven hundred~~	23456
~~dollars in fiscal years 2003, 2004, and 2005, and twenty-six~~	23457
~~thousand five hundred dollars in fiscal years 2006 and 2007~~	23458
twenty-seven thousand three hundred seventy-five dollars in fiscal	23459
years 2008 and 2009;	23460

(ii) For a student in the district's category six special	23461
education ADM, ~~thirty thousand dollars in fiscal year 2002, thirty~~	23462
~~thousand eight hundred forty dollars in fiscal years 2003, 2004,~~	23463
~~and 2005, and thirty-one thousand eight hundred dollars in fiscal~~	23464
~~years 2006 and 2007~~thirty-two thousand eight hundred fifty	23465
dollars in fiscal years 2008 and 2009.	23466

(c) The district shall only report under division (C)(3)(a)	23467
of this section, and the department shall only pay for, the costs	23468
of educational expenses and the related services provided to the	23469
student in accordance with the student's individualized education	23470
program. Any legal fees, court costs, or other costs associated	23471
with any cause of action relating to the student may not be	23472
included in the amount.	23473

(4)(a) As used in this division, the "personnel allowance"	23474
means thirty thousand dollars in fiscal years ~~2002, 2003, 2004,~~	23475
~~2005, 2006, and 2007~~2008 and 2009.	23476

(b) For the provision of speech language pathology services	23477
to students, including students who do not have individualized	23478
education programs prepared for them under Chapter 3323. of the	23479
Revised Code, and for no other purpose, the department of	23480
education shall pay each school district an amount calculated	23481
under the following formula:	23482

(formula ADM divided by 2000) X	23483

the personnel allowance X	23484

the state share percentage	23485

(5) In any fiscal year, a school district shall spend for	23486
purposes that the department designates as approved for special	23487
education and related services expenses at least the amount	23488
calculated as follows:	23489

(~~cost-of-doing-business factor X~~	23490

formula amount X the sum of categories	23491

one through six special education ADM) +	23492

(total special education weight X formula amount)	23493

The purposes approved by the department for special education	23494
expenses shall include, but shall not be limited to,	23495
identification of ~~handicapped~~ children with disabilities,	23496
compliance with state rules governing the education of ~~handicapped~~	23497
children with disabilities and prescribing the continuum of	23498
program options for ~~handicapped~~ children with disabilities,	23499
provision of speech language pathology services, and the portion	23500
of the school district's overall administrative and overhead costs	23501
that are attributable to the district's special education student	23502
population.	23503

The scholarships deducted from the school district's account	23504
under section 3310.41 or 3310.55 of the Revised Code shall be	23505
considered to be an approved special education and related	23506
services expense for the purpose of the school district's	23507
compliance with division (C)(5) of this section.	23508

The department shall require school districts to report data	23509
annually to allow for monitoring compliance with division (C)(5)	23510
of this section. The department shall annually report to the	23511
governor and the general assembly the amount of money spent by	23512
each school district for special education and related services.	23513

(6) In any fiscal year, a school district shall spend for the	23514
provision of speech language pathology services not less than the	23515
sum of the amount calculated under division (C)(1) of this section	23516
for the students in the district's category one special education	23517
ADM and the amount calculated under division (C)(4) of this	23518
section.	23519

The scholarships deducted from the school district's account	23520
under section 3310.55 of the Revised Code for students counted in	23521
the district's category one special education ADM shall be	23522
considered to be an approved speech language pathology services	23523
expense for the purpose of the school district's compliance with	23524
division (C)(6) of this section.	23525

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

23526

(a) "Daily bus miles per student" equals the number of bus	23527
miles traveled per day, divided by transportation base.	23528

(b) "Transportation base" equals total student count as	23529
defined in section 3301.011 of the Revised Code, minus the number	23530
of students enrolled in ~~preschool handicapped~~ units for preschool	23531
children with disabilities, plus the number of nonpublic school	23532
students included in transportation ADM.	23533

(c) "Transported student percentage" equals transportation	23534
ADM divided by transportation base.	23535

(d) "Transportation cost per student" equals total operating	23536
costs for board-owned or contractor-operated school buses divided	23537
by transportation base.	23538

(2) Analysis of student transportation cost data has resulted	23539
in a finding that an average efficient transportation use cost per	23540
student can be calculated by means of a regression formula that	23541
has as its two independent variables the number of daily bus miles	23542
per student and the transported student percentage. For fiscal	23543
year 1998 transportation cost data, the average efficient	23544
transportation use cost per student is expressed as follows:	23545

51.79027 + (139.62626 X daily bus miles per student) +	23546

(116.25573 X transported student percentage)	23547

The department of education shall annually determine the	23548
average efficient transportation use cost per student in	23549
accordance with the principles stated in division (D)(2) of this	23550
section, updating the intercept and regression coefficients of the	23551
regression formula modeled in this division, based on an annual	23552
statewide analysis of each school district's daily bus miles per	23553
student, transported student percentage, and transportation cost	23554
per student data. The department shall conduct the annual update	23555
using data, including daily bus miles per student, transported	23556
student percentage, and transportation cost per student data, from	23557
the prior fiscal year. The department shall notify the office of	23558
budget and management of such update by the fifteenth day of	23559
February of each year.	23560

(3) In addition to funds paid under divisions (A), (C), and	23561
(E) of this section, each district with a transported student	23562
percentage greater than zero shall receive a payment equal to a	23563
percentage of the product of the district's transportation base	23564
from the prior fiscal year times the annually updated average	23565
efficient transportation use cost per student, times an inflation	23566
factor of two and eight tenths per cent to account for the	23567
one-year difference between the data used in updating the formula	23568
and calculating the payment and the year in which the payment is	23569
made. The percentage shall be the following percentage of that	23570
product specified for the corresponding fiscal year:	23571

FISCAL YEAR	PERCENTAGE	23572
2000	52.5%	23573
2001	55%	23574
2002	57.5%	23575
2003 and thereafter	The greater of 60% or the district's state share percentage	23576

The payments made under division (D)(3) of this section each	23577
year shall be calculated based on all of the same prior year's	23578
data used to update the formula.	23579

(4) In addition to funds paid under divisions (D)(2) and (3)	23580
of this section, a school district shall receive a rough road	23581
subsidy if both of the following apply:	23582

(a) Its county rough road percentage is higher than the	23583
statewide rough road percentage, as those terms are defined in	23584
division (D)(5) of this section;	23585

(b) Its district student density is lower than the statewide	23586
student density, as those terms are defined in that division.	23587

(5) The rough road subsidy paid to each district meeting the	23588
qualifications of division (D)(4) of this section shall be	23589
calculated in accordance with the following formula:	23590

(per rough mile subsidy X total rough road miles)	23591

X density multiplier	23592

where:

23593

(a) "Per rough mile subsidy" equals the amount calculated in	23594
accordance with the following formula:	23595

0.75 - {0.75 X [(maximum rough road percentage -	23596

county rough road percentage)/(maximum rough road	23597

percentage - statewide rough road percentage)]}	23598

(i) "Maximum rough road percentage" means the highest county	23599
rough road percentage in the state.	23600

(ii) "County rough road percentage" equals the percentage of	23601
the mileage of state, municipal, county, and township roads that	23602
is rated by the department of transportation as type A, B, C, E2,	23603
or F in the county in which the school district is located or, if	23604
the district is located in more than one county, the county to	23605
which it is assigned for purposes of determining its	23606
cost-of-doing-business factor.	23607

(iii) "Statewide rough road percentage" means the percentage	23608
of the statewide total mileage of state, municipal, county, and	23609
township roads that is rated as type A, B, C, E2, or F by the	23610
department of transportation.	23611

(b) "Total rough road miles" means a school district's total	23612
bus miles traveled in one year times its county rough road	23613
percentage.	23614

(c) "Density multiplier" means a figure calculated in	23615
accordance with the following formula:	23616

1 - [(minimum student density - district student	23617

density)/(minimum student density -	23618

statewide student density)]	23619

(i) "Minimum student density" means the lowest district	23620
student density in the state.	23621

(ii) "District student density" means a school district's	23622
transportation base divided by the number of square miles in the	23623
district.	23624

(iii) "Statewide student density" means the sum of the	23625
transportation bases for all school districts divided by the sum	23626
of the square miles in all school districts.	23627

(6) In addition to funds paid under divisions (D)(2) to (5)	23628
of this section, each district shall receive in accordance with	23629
rules adopted by the state board of education a payment for	23630
students transported by means other than board-owned or	23631
contractor-operated buses and whose transportation is not funded	23632
under division (G) of section 3317.024 of the Revised Code. The	23633
rules shall include provisions for school district reporting of	23634
such students.	23635

(E)(1) The department shall compute and distribute state	23636
vocational education additional weighted costs funds to each	23637
school district in accordance with the following formula:	23638

state share percentage X	23639

the formula amount X	23640

total vocational education weight	23641

In any fiscal year, a school district receiving funds under	23642
division (E)(1) of this section shall spend those funds only for	23643
the purposes that the department designates as approved for	23644
vocational education expenses. Vocational educational expenses	23645
approved by the department shall include only expenses connected	23646
to the delivery of career-technical programming to	23647
career-technical students. The department shall require the school	23648
district to report data annually so that the department may	23649
monitor the district's compliance with the requirements regarding	23650
the manner in which funding received under division (E)(1) of this	23651
section may be spent.	23652

(2) The department shall compute for each school district	23653
state funds for vocational education associated services in	23654
accordance with the following formula:	23655

state share percentage X .05 X the formula amount X	23656

the sum of categories one and two vocational education ADM	23657

In any fiscal year, a school district receiving funds under	23658
division (E)(2) of this section, or through a transfer of funds	23659
pursuant to division (L) of section 3317.023 of the Revised Code,	23660
shall spend those funds only for the purposes that the department	23661
designates as approved for vocational education associated	23662
services expenses, which may include such purposes as	23663
apprenticeship coordinators, coordinators for other vocational	23664
education services, vocational evaluation, and other purposes	23665
designated by the department. The department may deny payment	23666
under division (E)(2) of this section to any district that the	23667
department determines is not operating those services or is using	23668
funds paid under division (E)(2) of this section, or through a	23669
transfer of funds pursuant to division (L) of section 3317.023 of	23670
the Revised Code, for other purposes.	23671

(F) The actual local share in any fiscal year for the	23672
combination of special education and related services additional	23673
weighted costs funding calculated under division (C)(1) of this	23674
section, transportation funding calculated under divisions (D)(2)	23675
and (3) of this section, and vocational education and associated	23676
services additional weighted costs funding calculated under	23677
divisions (E)(1) and (2) of this section shall not exceed for any	23678
school district the product of three and three-tenths mills times	23679
the district's recognized valuation. The department annually shall	23680
pay each school district as an excess cost supplement any amount	23681
by which the sum of the district's attributed local shares for	23682
that funding exceeds that product. For purposes of calculating the	23683
excess cost supplement:	23684

(1) The attributed local share for special education and	23685
related services additional weighted costs funding is the amount	23686
specified in division (C)(2) of this section.	23687

(2) The attributed local share of transportation funding	23688
equals the difference of the total amount calculated for the	23689
district using the formula developed under division (D)(2) of this	23690
section minus the actual amount paid to the district after	23691
applying the percentage specified in division (D)(3) of this	23692
section.	23693

(3) The attributed local share of vocational education and	23694
associated services additional weighted costs funding is the	23695
amount determined as follows:	23696

(1 - state share percentage) X	23697

[(total vocational education weight X	23698

the formula amount) + the payment under	23699

division (E)(2) of this section]	23700

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	23701
Revised Code, the amounts required to be paid to a district under	23702
this chapter shall be adjusted by the amount of the computations	23703
made under divisions (B) to ~~(O)~~(P) of this section.	23704

As used in this section:

23705

(1) "Classroom teacher" means a licensed employee who	23706
provides direct instruction to pupils, excluding teachers funded	23707
from money paid to the district from federal sources; educational	23708
service personnel; and vocational and special education teachers.	23709

(2) "Educational service personnel" shall not include such	23710
specialists funded from money paid to the district from federal	23711
sources or assigned full-time to vocational or special education	23712
students and classes and may only include those persons employed	23713
in the eight specialist areas in a pattern approved by the	23714
department of education under guidelines established by the state	23715
board of education.	23716

(3) "Annual salary" means the annual base salary stated in	23717
the state minimum salary schedule for the performance of the	23718
teacher's regular teaching duties that the teacher earns for	23719
services rendered for the first full week of October of the fiscal	23720
year for which the adjustment is made under division (C) of this	23721
section. It shall not include any salary payments for supplemental	23722
teachers contracts.	23723

(4) "Regular student population" means the formula ADM plus	23724
the number of students reported as enrolled in the district	23725
pursuant to division (A)(1) of section 3313.981 of the Revised	23726
Code; minus the number of students reported under division (A)(2)	23727
of section 3317.03 of the Revised Code; minus the FTE of students	23728
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	23729
of that section who are enrolled in a vocational education class	23730
or receiving special education; and minus twenty per cent of the	23731
students enrolled concurrently in a joint vocational school	23732
district.	23733

(5) "State share percentage" has the same meaning as in	23734
section 3317.022 of the Revised Code.	23735

(6) "VEPD" means a school district or group of school	23736
districts designated by the department of education as being	23737
responsible for the planning for and provision of vocational	23738
education services to students within the district or group.	23739

(7) "Lead district" means a school district, including a	23740
joint vocational school district, designated by the department as	23741
a VEPD, or designated to provide primary vocational education	23742
leadership within a VEPD composed of a group of districts.	23743

(B) If the district employs less than one full-time	23744
equivalent classroom teacher for each twenty-five pupils in the	23745
regular student population in any school district, deduct the sum	23746
of the amounts obtained from the following computations:	23747

(1) Divide the number of the district's full-time equivalent	23748
classroom teachers employed by one twenty-fifth;	23749

(2) Subtract the quotient in (1) from the district's regular	23750
student population;	23751

(3) Multiply the difference in (2) by seven hundred fifty-two	23752
dollars.	23753

(C) If a positive amount, add one-half of the amount obtained	23754
by multiplying the number of full-time equivalent classroom	23755
teachers by:	23756

(1) The mean annual salary of all full-time equivalent	23757
classroom teachers employed by the district at their respective	23758
training and experience levels minus;	23759

(2) The mean annual salary of all such teachers at their	23760
respective levels in all school districts receiving payments under	23761
this section.	23762

The number of full-time equivalent classroom teachers used in	23763
this computation shall not exceed one twenty-fifth of the	23764
district's regular student population. In calculating the	23765
district's mean salary under this division, those full-time	23766
equivalent classroom teachers with the highest training level	23767
shall be counted first, those with the next highest training level	23768
second, and so on, in descending order. Within the respective	23769
training levels, teachers with the highest years of service shall	23770
be counted first, the next highest years of service second, and so	23771
on, in descending order.	23772

(D) This division does not apply to a school district that	23773
has entered into an agreement under division (A) of section	23774
3313.42 of the Revised Code. Deduct the amount obtained from the	23775
following computations if the district employs fewer than five	23776
full-time equivalent educational service personnel, including	23777
elementary school art, music, and physical education teachers,	23778
counselors, librarians, visiting teachers, school social workers,	23779
and school nurses for each one thousand pupils in the regular	23780
student population:	23781

(1) Divide the number of full-time equivalent educational	23782
service personnel employed by the district by five	23783
one-thousandths;	23784

(2) Subtract the quotient in (1) from the district's regular	23785
student population;	23786

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

23787

(E) If a local school district, or a city or exempted village	23788
school district to which a governing board of an educational	23789
service center provides services pursuant to section 3313.843 of	23790
the Revised Code, deduct the amount of the payment required for	23791
the reimbursement of the governing board under section 3317.11 of	23792
the Revised Code.	23793

(F)(1) If the district is required to pay to or entitled to	23794
receive tuition from another school district under division (C)(2)	23795
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	23796
or if the superintendent of public instruction is required to	23797
determine the correct amount of tuition and make a deduction or	23798
credit under section 3317.08 of the Revised Code, deduct and	23799
credit such amounts as provided in division (J) of section 3313.64	23800
or section 3317.08 of the Revised Code.	23801

(2) For each child for whom the district is responsible for	23802
tuition or payment under division (A)(1) of section 3317.082 or	23803
section 3323.091 of the Revised Code, deduct the amount of tuition	23804
or payment for which the district is responsible.	23805

(G) If the district has been certified by the superintendent	23806
of public instruction under section 3313.90 of the Revised Code as	23807
not in compliance with the requirements of that section, deduct an	23808
amount equal to ten per cent of the amount computed for the	23809
district under section 3317.022 of the Revised Code.	23810

(H) If the district has received a loan from a commercial	23811
lending institution for which payments are made by the	23812
superintendent of public instruction pursuant to division (E)(3)	23813
of section 3313.483 of the Revised Code, deduct an amount equal to	23814
such payments.	23815

(I)(1) If the district is a party to an agreement entered	23816
into under division (D), (E), or (F) of section 3311.06 or	23817
division (B) of section 3311.24 of the Revised Code and is	23818
obligated to make payments to another district under such an	23819
agreement, deduct an amount equal to such payments if the district	23820
school board notifies the department in writing that it wishes to	23821
have such payments deducted.	23822

(2) If the district is entitled to receive payments from	23823
another district that has notified the department to deduct such	23824
payments under division (I)(1) of this section, add the amount of	23825
such payments.	23826

(J) If the district is required to pay an amount of funds to	23827
a cooperative education district pursuant to a provision described	23828
by division (B)(4) of section 3311.52 or division (B)(8) of	23829
section 3311.521 of the Revised Code, deduct such amounts as	23830
provided under that provision and credit those amounts to the	23831
cooperative education district for payment to the district under	23832
division (B)(1) of section 3317.19 of the Revised Code.	23833

(K)(1) If a district is educating a student entitled to	23834
attend school in another district pursuant to a shared education	23835
contract, compact, or cooperative education agreement other than	23836
an agreement entered into pursuant to section 3313.842 of the	23837
Revised Code, credit to that educating district on an FTE basis	23838
both of the following:	23839

(a) An amount equal to the ~~greater of the following:~~

23840

~~(i) The fiscal year 2005 formula amount times the fiscal year~~	23841
~~2005 cost of doing business factor of the school district where~~	23842
~~the student is entitled to attend school pursuant to section~~	23843
~~3313.64 or 3313.65 of the Revised Code;~~	23844

~~(ii) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	23845
~~cost-of-doing-business factor of the school district when the~~	23846
~~student is entitled to attend school pursuant to section 3313.64~~	23847
~~or 3313.65 of the Revised Code)~~ plus the per pupil amount of the	23848
base funding supplements specified in divisions (C)(1) to (4) of	23849
section 3317.012 of the Revised Code.	23850

(b) An amount equal to the current formula amount times the	23851
state share percentage times any multiple applicable to the	23852
student pursuant to section 3317.013 or 3317.014 of the Revised	23853
Code.	23854

(2) Deduct any amount credited pursuant to division (K)(1) of	23855
this section from amounts paid to the school district in which the	23856
student is entitled to attend school pursuant to section 3313.64	23857
or 3313.65 of the Revised Code.	23858

(3) If the district is required by a shared education	23859
contract, compact, or cooperative education agreement to make	23860
payments to an educational service center, deduct the amounts from	23861
payments to the district and add them to the amounts paid to the	23862
service center pursuant to section 3317.11 of the Revised Code.	23863

(L)(1) If a district, including a joint vocational school	23864
district, is a lead district of a VEPD, credit to that district	23865
the amounts calculated for all the school districts within that	23866
VEPD pursuant to division (E)(2) of section 3317.022 of the	23867
Revised Code.	23868

(2) Deduct from each appropriate district that is not a lead	23869
district, the amount attributable to that district that is	23870
credited to a lead district under division (L)(1) of this section.	23871

(M) If the department pays a joint vocational school district	23872
under division (G)(4) of section 3317.16 of the Revised Code for	23873
excess costs of providing special education and related services	23874
to a ~~handicapped~~ student with a disability, as calculated under	23875
division (G)(2) of that section, the department shall deduct the	23876
amount of that payment from the city, local, or exempted village	23877
school district that is responsible as specified in that section	23878
for the excess costs.	23879

(N)(1) If the district reports an amount of excess cost for	23880
special education services for a child under division (C) of	23881
section 3323.14 of the Revised Code, the department shall pay that	23882
amount to the district.	23883

(2) If the district reports an amount of excess cost for	23884
special education services for a child under division (C) of	23885
section 3323.14 of the Revised Code, the department shall deduct	23886
that amount from the district of residence of that child.	23887

(O) If the department of job and family services presents to	23888
the department of education a payment request through an	23889
intrastate transfer voucher for the nonfederal share of	23890
reimbursements made to a school district for medicaid services	23891
provided by the district, the department of education shall pay	23892
the amount of that request to the department of job and family	23893
services and shall deduct the amount of that payment from the	23894
district.	23895

(P) If the department is required to pay an amount under	23896
section 3353.25 of the Revised Code to a school district	23897
delivering a course included in the clearinghouse established	23898
under section 3353.21 of the Revised Code for a student enrolled	23899
in a school district, the department shall deduct that amount from	23900
the school district in which the student is enrolled.	23901

Sec. 3317.024. In addition to the moneys paid to eligible	23902
school districts pursuant to section 3317.022 of the Revised Code,	23903
moneys appropriated for the education programs in divisions (A) to	23904
(I), (K), (L), and (N) of this section shall be distributed to	23905
school districts meeting the requirements of section 3317.01 of	23906
the Revised Code; in the case of divisions (G) and (L) of this	23907
section, to educational service centers as provided in section	23908
3317.11 of the Revised Code; in the case of divisions (D) and (J)	23909
of this section, to county MR/DD boards; in the case of division	23910
(N) of this section, to joint vocational school districts; in the	23911
case of division (H) of this section, to cooperative education	23912
school districts; and in the case of division (M) of this section,	23913
to the institutions defined under section 3317.082 of the Revised	23914
Code providing elementary or secondary education programs to	23915
children other than children receiving special education under	23916
section 3323.091 of the Revised Code. The following shall be	23917
distributed monthly, quarterly, or annually as may be determined	23918
by the state board of education:	23919

(A) An amount for each island school district and each joint	23920
state school district for the operation of each high school and	23921
each elementary school maintained within such district and for	23922
capital improvements for such schools. Such amounts shall be	23923
determined on the basis of standards adopted by the state board of	23924
education.	23925

(B) An amount for each school district operating classes for	23926
children of migrant workers who are unable to be in attendance in	23927
an Ohio school during the entire regular school year. The amounts	23928
shall be determined on the basis of standards adopted by the state	23929
board of education, except that payment shall be made only for	23930
subjects regularly offered by the school district providing the	23931
classes.	23932

(C) An amount for each school district with guidance,	23933
testing, and counseling programs approved by the state board of	23934
education. The amount shall be determined on the basis of	23935
standards adopted by the state board of education.	23936

(D) An amount for the emergency purchase of school buses as	23937
provided for in section 3317.07 of the Revised Code;	23938

(E) An amount for each school district required to pay	23939
tuition for a child in an institution maintained by the department	23940
of youth services pursuant to section 3317.082 of the Revised	23941
Code, provided the child was not included in the calculation of	23942
the district's average daily membership for the preceding school	23943
year.	23944

(F) An amount for adult basic literacy education for each	23945
district participating in programs approved by the state board of	23946
education. The amount shall be determined on the basis of	23947
standards adopted by the state board of education.	23948

(G) An amount for the approved cost of transporting eligible	23949
pupils with disabilities attending a special education program	23950
approved by the department of education whom it is impossible or	23951
impractical to transport by regular school bus in the course of	23952
regular route transportation provided by the district or service	23953
center. No district or service center is eligible to receive a	23954
payment under this division for the cost of transporting any pupil	23955
whom it transports by regular school bus and who is included in	23956
the district's transportation ADM. The state board of education	23957
shall establish standards and guidelines for use by the department	23958
of education in determining the approved cost of such	23959
transportation for each district or service center.	23960

(H) An amount to each school district, including each	23961
cooperative education school district, pursuant to section 3313.81	23962
of the Revised Code to assist in providing free lunches to needy	23963
children and an amount to assist needy school districts in	23964
purchasing necessary equipment for food preparation. The amounts	23965
shall be determined on the basis of rules adopted by the state	23966
board of education.	23967

(I) An amount to each school district, for each pupil	23968
attending a chartered nonpublic elementary or high school within	23969
the district. The amount shall equal the amount appropriated for	23970
the implementation of section 3317.06 of the Revised Code divided	23971
by the average daily membership in grades kindergarten through	23972
twelve in nonpublic elementary and high schools within the state	23973
as determined during the first full week in October of each school	23974
year.	23975

(J) An amount for each county MR/DD board, distributed on the	23976
basis of standards adopted by the state board of education, for	23977
the approved cost of transportation required for children	23978
attending special education programs operated by the county MR/DD	23979
board under section 3323.09 of the Revised Code;	23980

(K) An amount for each school district that establishes a	23981
mentor teacher program that complies with rules of the state board	23982
of education. No school district shall be required to establish or	23983
maintain such a program in any year unless sufficient funds are	23984
appropriated to cover the district's total costs for the program.	23985

(L) An amount to each school district or educational service	23986
center for the total number of gifted units approved pursuant to	23987
section 3317.05 of the Revised Code. The amount for each such unit	23988
shall be the sum of the minimum salary for the teacher of the	23989
unit, calculated on the basis of the teacher's training level and	23990
years of experience pursuant to the salary schedule prescribed in	23991
the version of section 3317.13 of the Revised Code in effect prior	23992
to July 1, 2001, plus fifteen per cent of that minimum salary	23993
amount, plus two thousand six hundred seventy-eight dollars.	23994

(M) An amount to each institution defined under section	23995
3317.082 of the Revised Code providing elementary or secondary	23996
education to children other than children receiving special	23997
education under section 3323.091 of the Revised Code. This amount	23998
for any institution in any fiscal year shall equal the total of	23999
all tuition amounts required to be paid to the institution under	24000
division (A)(1) of section 3317.082 of the Revised Code.	24001

(N) A grant to each school district and joint vocational	24002
school district that operates a "graduation, reality, and	24003
dual-role skills" (GRADS) program for pregnant and parenting	24004
students that is approved by the department. The amount of the	24005
payment shall be the district's state share percentage, as defined	24006
in section 3317.022 or 3317.16 of the Revised Code, times the	24007
GRADS personnel allowance times the full-time-equivalent number of	24008
GRADS teachers approved by the department. The GRADS personnel	24009
allowance is $47,555 in fiscal years ~~2004, 2005, 2006, and 2007~~	24010
2008 and 2009.	24011

The state board of education or any other board of education	24012
or governing board may provide for any resident of a district or	24013
educational service center territory any educational service for	24014
which funds are made available to the board by the United States	24015
under the authority of public law, whether such funds come	24016
directly or indirectly from the United States or any agency or	24017
department thereof or through the state or any agency, department,	24018
or political subdivision thereof.	24019

Sec. 3317.025. On or before the first day of June of each	24020
year, the tax commissioner shall certify the following information	24021
to the department of education and the office of budget and	24022
management, for each school district in which the value of the	24023
property described under division (A) of this section exceeds one	24024
per cent of the taxable value of all real and tangible personal	24025
property in the district or in which is located tangible personal	24026
property designed for use or used in strip mining operations,	24027
whose taxable value exceeds five million dollars, and the taxes	24028
upon which the district is precluded from collecting by virtue of	24029
legal proceedings to determine the value of such property:	24030

(A) The total taxable value of all property in the district	24031
owned by a public utility or railroad that has filed a petition	24032
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	24033
(1898), 11 U.S.C. 205, as amended, and all tangible personal	24034
property in the district designed for use or used in strip mining	24035
operations whose taxable value exceeds five million dollars upon	24036
which have not been paid in full on or before the first day of	24037
April of that calendar year all real and tangible personal	24038
property taxes levied for the preceding calendar year and which	24039
the district was precluded from collecting by virtue of	24040
proceedings under section 205 of said act or by virtue of legal	24041
proceedings to determine the tax liability of such strip mining	24042
equipment;	24043

(B) The percentage of the total operating taxes charged and	24044
payable for school district purposes levied against such valuation	24045
for the preceding calendar year that have not been paid by such	24046
date;	24047

(C) The product obtained by multiplying the value certified	24048
under division (A) of this section by the percentage certified	24049
under division (B) of this section. If the value certified under	24050
division (A) of this section includes taxable property owned by a	24051
public utility or railroad that has filed a petition for	24052
reorganization under the bankruptcy act, the amount used in making	24053
the calculation under this division shall be reduced by one per	24054
cent of the total value of all real and tangible personal property	24055
in the district or the value of the utility's or railroad's	24056
property, whichever is less.	24057

Upon receipt of the certification, the department shall	24058
recompute the payments required under section 3317.022 of the	24059
Revised Code in the manner the payments would have been computed	24060
if:	24061

(1) The amount certified under division (C) of this section	24062
was not subject to taxation by the district and was not included	24063
in the certification made under division (A)(1), (A)(2), or (D) of	24064
section 3317.021 of the Revised Code.	24065

(2) The amount of taxes charged and payable and unpaid and	24066
used to make the computation under division (B) of this section	24067
had not been levied and had not been used in the computation	24068
required by division (B) of section 3317.021 of the Revised Code.	24069
The department shall pay the district that amount in the ensuing	24070
fiscal year in lieu of the amounts computed under section 3317.022	24071
of the Revised Code.	24072

If a school district received a grant from the catastrophic	24073
expenditures account pursuant to division (C) of section 3316.20	24074
of the Revised Code on the basis of the same circumstances for	24075
which a recomputation is made under this section, the amount of	24076
the recomputation shall be reduced and transferred in accordance	24077
with division (C) of section 3316.20 of the Revised Code.	24078

Sec. 3317.026. (A) As used in this section, "refunded taxes"	24079
means taxes charged and payable from real and tangible personal	24080
property, including public utility property, that have been found	24081
to have been overpaid as the result of reductions in the taxable	24082
value of such property and that have been refunded, including any	24083
interest or penalty refunded with those taxes. If taxes are	24084
refunded over a period of time pursuant to division (B)(2), (3),	24085
or (4) of section 319.36 or division (C) of section 5727.471 of	24086
the Revised Code, the total amount of taxes required to be	24087
refunded, excluding any interest accruing after the day the	24088
undertaking is entered into, shall be considered to have been	24089
refunded on the day the first portion of the overpayment is paid	24090
or credited.	24091

(B) Not later than the last day of February each year, each	24092
county auditor shall certify to the tax commissioner, for each	24093
school district in the county, the amount of refunded taxes	24094
refunded in the preceding calendar year and the reductions in	24095
taxable value that resulted in those refunds, except for	24096
reductions in taxable value that previously have been reported to	24097
the tax commissioner on an abstract. If the tax commissioner	24098
determines that the amount of refunded taxes certified for a	24099
school district exceeds three per cent of the total taxes charged	24100
and payable for current expenses of the school district for the	24101
calendar year in which those taxes were refunded, the tax	24102
commissioner shall certify the reductions in taxable value that	24103
resulted in those refunds on or before the first day of June to	24104
the department of education and the office of budget and	24105
management. Upon receiving the certification by the tax	24106
commissioner, the department of education shall reduce the total	24107
taxable value of the school district, as defined in section	24108
3317.02 of the Revised Code, by the total amount of the reductions	24109
in taxable value that resulted in those refunds for the purpose of	24110
computing the ~~SF-3 payment~~state education aid for the school	24111
district for the current fiscal year. The increase in the amount	24112
of such aid resulting from the adjustment required by this section	24113
shall be paid to the school district ~~on or before the thirty-first~~	24114
~~day of July of the following fiscal year~~. The payment date shall	24115
be determined by the director of budget and management. The	24116
director shall select a payment date that is not earlier than the	24117
first day of June of the current fiscal year and not later than	24118
the thirty-first day of July of the following fiscal year. The	24119
department of education shall not pay the district under this	24120
section prior to approval by the director of budget and management	24121
to make that payment.	24122

If an adjustment is made under this division in the amount of	24123
state aid paid to a school district, the tax value reductions from	24124
which that adjustment results shall not be used in recomputing aid	24125
to a school district under section 3317.027 of the Revised Code.	24126

(C) If a school district received a grant from the	24127
catastrophic expenditures account pursuant to division (C) of	24128
section 3316.20 of the Revised Code on the basis of the same	24129
circumstances for which an adjustment is made under this section,	24130
the amount of the adjustment shall be reduced and transferred in	24131
accordance with division (C) of section 3316.20 of the Revised	24132
Code.	24133

(D) Not later than the first day of June each year, the tax	24134
commissioner shall certify to the department of education and the	24135
office of budget and management for each school district the total	24136
of the increases in taxable value above the amount of taxable	24137
value on which tax was paid, as provided in division (B)(1) or (2)	24138
of section 5727.47 of the Revised Code, as determined by the	24139
commissioner, and for which a notification was sent pursuant to	24140
section 5727.471 of the Revised Code, in the preceding calendar	24141
year. Upon receiving the certification, the department shall	24142
increase the total taxable value, as defined in section 3317.02 of	24143
the Revised Code, of the school district by the total amount of	24144
the increase in taxable value certified by the commissioner for	24145
the school district for the purpose of computing the school	24146
district's ~~SF-3 payment~~state education aid for the following	24147
fiscal year.	24148

Sec. 3317.027. On or before the fifteenth day of May of each	24149
year, the tax commissioner shall certify to the department of	24150
education and the office of budget and management:	24151

(A) The amount by which applications filed under section	24152
5713.38 of the Revised Code or complaints filed under section	24153
5715.19 of the Revised Code resulted in a reduction in the second	24154
preceding year's taxable value in each school district in which	24155
such a reduction occurred, and the amount by which such reduction	24156
reduced the district's taxes charged and payable for such year;	24157
and	24158

(B) The taxes charged and payable for the second preceding	24159
tax year that were remitted under section 5713.081 of the Revised	24160
Code and the taxable value against which such taxes were imposed.	24161

Upon receipt of such certifications, the department shall	24162
recompute the district's ~~SF-3 payment~~state education aid and	24163
determine the amount that the ~~SF-3 payment~~state education aid	24164
would have been ~~paid~~ had the taxable value not been used in the	24165
computation made under division (A)(1) of section 3317.021 of the	24166
Revised Code and had the taxes charged and payable not been	24167
included in the certification made under division (A)(3) of such	24168
section. The department shall calculate the amount that the	24169
remainder of the fiscal year's payments should have been for the	24170
fiscal year including the amount of the ~~SF-3 payment~~state	24171
education aid as recomputed. The increase or decrease in the	24172
amount of aid resulting from the adjustment required under this	24173
section shall be paid to the school district ~~on or before the~~	24174
~~thirty-first day of July of the following fiscal year~~. The payment	24175
date shall be determined by the director of budget and management.	24176
The director shall select a payment date that is not earlier than	24177
the first day of June of the current fiscal year and not later	24178
than the thirty-first day of July of the following fiscal year.	24179
The department of education shall not pay the district under this	24180
section prior to approval by the director of budget and management	24181
to make that payment.	24182

If a school district received a grant from the catastrophic	24183
expenditures account pursuant to division (C) of section 3316.20	24184
of the Revised Code on the basis of the same circumstances for	24185
which a recomputation is made under this section, the amount of	24186
the recomputation shall be reduced and transferred in accordance	24187
with division (C) of section 3316.20 of the Revised Code.	24188

Sec. 3317.028. (A) On or before the fifteenth day of May in	24189
each calendar year prior to calendar year 2007, the tax	24190
commissioner shall determine for each school district whether the	24191
taxable value of all tangible personal property, including utility	24192
tangible personal property, subject to taxation by the district in	24193
the preceding tax year was less or greater than the taxable value	24194
of such property during the second preceding tax year. If any such	24195
decrease exceeds five per cent of the district's tangible personal	24196
property taxable value included in the total taxable value used in	24197
computing the district's ~~SF-3 payment~~state education aid for the	24198
fiscal year that ends in the current calendar year, or if any such	24199
increase exceeds five per cent of the district's total taxable	24200
value used in computing the district's ~~SF-3 payment~~state	24201
education aid for the fiscal year that ends in the current	24202
calendar year, the tax commissioner shall certify both of the	24203
following to the department of education and the office of budget	24204
and management:	24205

(1) The taxable value of the tangible personal property	24206
increase or decrease, including utility tangible personal property	24207
increase or decrease, which shall be considered a change in	24208
valuation;	24209

(2) The decrease or increase in taxes charged and payable on	24210
such change in taxable value calculated in the same manner as in	24211
division (A)(3) of section 3317.021 of the Revised Code.	24212

(B) On or before May 15, 2007, and the fifteenth day of May	24213
in each calendar year thereafter, the tax commissioner shall	24214
determine for each school district whether the taxable value of	24215
all utility tangible personal property subject to taxation by the	24216
district in the preceding tax year was less or greater than the	24217
taxable value of such property during the second preceding tax	24218
year. If any decrease exceeds five per cent of the district's	24219
tangible personal property taxable value included in the total	24220
taxable value used in the district's state aid computation for the	24221
fiscal year that ends in the current calendar year, or if any	24222
increase exceeds five per cent of the district's total taxable	24223
value used in the district's state education aid computation for	24224
the fiscal year that ends in the current calendar year, the tax	24225
commissioner shall certify both of the following to the department	24226
of education and the office of budget and management:	24227

(1) The taxable value of the utility tangible personal	24228
property increase or decrease, which shall be considered a change	24229
in valuation;	24230

(2) The decrease or increase in taxes charged and payable on	24231
such change in taxable value calculated in the same manner as in	24232
division (A)(3) of section 3317.021 of the Revised Code.	24233

(C) Upon receipt of a certification specified in this	24234
section, the department of education shall reduce or increase by	24235
the respective amounts certified and the taxable value and the	24236
taxes charged and payable that were used in computing the	24237
district's ~~SF-3 payment~~state education aid for the fiscal year	24238
that ends in the current calendar year and shall recompute the	24239
~~SF-3 payment~~state education aid for such fiscal year. The	24240
department shall pay ~~the district a sum equal to one-half of the~~	24241
~~recomputed payments in lieu of the payments otherwise required~~	24242
~~under that section on or before the thirty-first day of July of~~	24243
~~the following fiscal year~~to or deduct from the district an amount	24244
equal to one-half of the difference between the district's state	24245
education aid prior to the recomputation under this section and	24246
the district's recomputed state education aid. The payment date	24247
shall be determined by the director of budget and management. The	24248
director shall select a payment date that is not earlier than the	24249
first day of June of the current fiscal year and not later than	24250
the thirty-first day of July of the following fiscal year. The	24251
department of education shall not pay the district under this	24252
section prior to approval by the director of budget and management	24253
to make that payment.	24254

(D) If a school district received a grant from the	24255
catastrophic expenditures account pursuant to division (C) of	24256
section 3316.20 of the Revised Code on the basis of the same	24257
circumstances for which a recomputation is made under this	24258
section, the amount of the recomputation shall be reduced and	24259
transferred in accordance with division (C) of section 3316.20 of	24260
the Revised Code.	24261

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

24262

(1) "Poverty percentage" means the quotient obtained by	24263
dividing the ~~five-year~~ average number of children ages five to	24264
seventeen residing in the school district and living in a family	24265
receiving assistance under the Ohio works first program or an	24266
antecedent program known as TANF or ADC for the preceding five	24267
years, as certified or adjusted under section 3317.10 of the	24268
Revised Code, by the district's three-year average formula ADM.	24269

(2) "Statewide poverty percentage" means the ~~five-year~~	24270
average of the total number of children ages five to seventeen	24271
years residing in the state and receiving assistance under the	24272
Ohio works first program or an antecedent program known as TANF or	24273
ADC for the preceding five years, divided by the sum of the	24274
three-year average formula ADMs for all school districts in the	24275
state.	24276

(3) "Poverty index" means the quotient obtained by dividing	24277
the school district's poverty percentage by the statewide poverty	24278
percentage.	24279

(4) "Poverty student count" means the ~~five-year~~ average	24280
number of children ages five to seventeen residing in the school	24281
district and living in a family receiving assistance under the	24282
Ohio works first program or an antecedent program known as TANF or	24283
ADC for the preceding five years, as certified under section	24284
3317.10 of the Revised Code.	24285

(5) "Kindergarten ADM" means the number of students reported	24286
under section 3317.03 of the Revised Code as enrolled in	24287
kindergarten, excluding any kindergarten students reported under	24288
division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised	24289
Code.	24290

(6) "Kindergarten through third grade ADM" means the amount	24291
calculated as follows:	24292

(a) Multiply the kindergarten ADM by the sum of one plus the	24293
all-day kindergarten percentage;	24294

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

24295

(c) Subtract from the sum calculated under division (A)(6)(b)	24296
of this section the number of special education students in grades	24297
kindergarten through three.	24298

"Kindergarten through third grade ADM" shall not include any	24299
students reported under division (B)(3)(e), (f), or (g) of section	24300
3317.03 of the Revised Code.	24301

(7) "All-day kindergarten" means a kindergarten class that is	24302
in session five days per week for not less than the same number of	24303
clock hours each day as for pupils in grades one through six.	24304

(8) "All-day kindergarten percentage" means the percentage of	24305
a district's actual total number of students enrolled in	24306
kindergarten who are enrolled in all-day kindergarten.	24307

(9) "All-day kindergarten ADM" means the number of students	24308
reported under section 3317.03 of the Revised Code as enrolled in	24309
all-day kindergarten, excluding any kindergarten students reported	24310
under division (B)(3)(e), (f), or (g) of that section.	24311

(10) "Academic distress percentage" means the quotient of the	24312
number of district-operated buildings in the school district	24313
designated under section 3302.03 of the Revised Code as in a state	24314
of academic watch or academic emergency, divided by the total	24315
number of buildings in the district that were open for instruction	24316
during the same school year to which the ratings apply.	24317

(11) "Statewide academic distress percentage" means the	24318
quotient of the statewide number of school district buildings and	24319
community schools designated under section 3302.03 of the Revised	24320
Code as in a state of academic watch or academic emergency,	24321
divided by the statewide total number of school district buildings	24322
and community schools that were open for instruction during the	24323
same school year to which the ratings apply.	24324

(12) "Academic distress index" means the quotient of the	24325
school district's academic distress percentage, divided by the	24326
statewide academic distress percentage.	24327

(13) "Buildings with the highest concentration of need" means	24328
the school buildings in a district ~~with~~that meet either of the	24329
following criteria:	24330

(a) Are in school improvement status pursuant to the "No	24331
Child Left Behind Act of 2001," as defined in section 3302.01 of	24332
the Revised Code;	24333

(b) Have percentages of students ~~in grades kindergarten~~	24334
~~through three~~ receiving assistance under Ohio works first at least	24335
as high as the district-wide percentage of students receiving such	24336
assistance. However, the district shall give priority to any of	24337
those buildings that have been declared to be in a state of	24338
academic watch or academic emergency under section 3302.03 of the	24339
Revised Code.	24340

If, in any fiscal year, the information provided by the	24341
department of job and family services under section 3317.10 of the	24342
Revised Code is insufficient to determine the Ohio works first	24343
percentage in each building, "buildings with the highest	24344
concentration of need" has the meaning given in rules that the	24345
department of education shall adopt. The rules shall base the	24346
definition of "buildings with the highest concentration of need"	24347
on family income of students ~~in grades kindergarten through three~~	24348
in a manner that, to the extent possible with available data,	24349
approximates the intent ~~of this division and division (K) of this~~	24350
~~section~~ to designate buildings where the Ohio works first	24351
percentage ~~in those grades~~ equals or exceeds the district-wide	24352
Ohio works first percentage.	24353

(B) ~~In addition to the amounts required to be paid to a~~	24354
~~school district under section 3317.022 of the Revised Code, the~~	24355
The department of education shall compute ~~and distribute to~~for	24356
each school district for poverty-based assistance the ~~greater of~~	24357
~~the following:~~	24358

~~(1) The amount the district received in fiscal year 2005 for~~	24359
~~disadvantaged pupil impact aid pursuant to Section 41.10 of Am.~~	24360
~~Sub. H.B. 95 of the 125th general assembly, as amended, minus the~~	24361
~~amount deducted from the district under Section 16 of Am. Sub.~~	24362
~~S.B. 2 of the 125th general assembly that year for payments to~~	24363
~~internet- and computer-based community schools;~~	24364

~~(2) The~~ sum of the computations made under divisions (C) to	24365
(I) and (K) of this section and shall pay that sum to the district	24366
in accordance with division (A) of section 3317.022 of the Revised	24367
Code.	24368

(C) A payment for academic intervention programs, if the	24369
district's poverty index is greater than or equal to 0.25,	24370
calculated as follows:	24371

(1) If the district's poverty index is greater than or equal	24372
to 0.25, calculate the district's level one amount for large-group	24373
academic intervention for all students as follows:	24374

(a) If the district's poverty index is greater than or equal	24375
to 0.25 but less than 0.75:	24376

large-group intervention units X hourly rate X	24377

level one hours X [(poverty index – 0.25)/0.5]	24378

~~X phase-in percentage~~	24379

Where:

24380

(i) "Large-group intervention units" equals the district's	24381
formula ADM divided by 20;	24382

(ii) "Hourly rate" equals ~~$20.00~~$21.01 in fiscal year ~~2006~~	24383
2008 and ~~$20.40~~$21.64 in fiscal year ~~2007~~2009;	24384

(iii) "Level one hours" equals 25 hours;

24385

~~(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006~~	24386
~~and 1.00 in fiscal year 2007~~.	24387

(b) If the district's poverty index is greater than or equal	24388
to 0.75:	24389

large-group intervention units X hourly rate X	24390

level one hours ~~X phase-in percentage~~	24391

Where "large-group intervention units," "hourly rate," and	24392
"level one hours," ~~and "phase-in percentage"~~ have the same	24393
meanings as in division (C)(1)(a) of this section.	24394

(2) If the district's poverty index is greater than or equal	24395
to 0.75, calculate the district's level two amount for	24396
medium-group academic intervention for all students as follows:	24397

(a) If the district's poverty index is greater than or equal	24398
to 0.75 but less than 1.50:	24399

medium-group intervention units X hourly rate	24400

X {level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}	24401

~~X phase-in percentage~~	24402

Where:

24403

(i) "Medium group intervention units" equals the district's	24404
formula ADM divided by 15;	24405

(ii) "Hourly rate," and "level one hours," ~~and "phase-in~~	24406
~~percentage"~~ have the same meanings as in division (C)(1)(a) of	24407
this section.	24408

(b) If the district's poverty index is greater than or equal	24409
to 1.50:	24410

medium-group intervention units X hourly rate X	24411

level two hours ~~X phase-in percentage~~	24412

Where:

24413

(i) "Medium group intervention units" has the same meaning as	24414
in division (C)(2)(a)(i) of this section;	24415

(ii) "Hourly rate" ~~and "phase-in percentage" have~~has the	24416
same ~~meanings~~meaning as in division (C)(1)(a) of this section;	24417

(iii) "Level two hours" equals 50 hours.

24418

(3) If the district's poverty index is greater than or equal	24419
to 1.50, calculate the district's level three amount for	24420
small-group academic intervention for impoverished students as	24421
follows:	24422

(a) If the district's poverty index is greater than or equal	24423
to 1.50 but less than 2.50:	24424

small group intervention units X hourly rate X	24425

{level one hours + [level three hours X	24426

(poverty index – 1.50)]} ~~X phase-in percentage~~	24427

Where:

24428

(i) "Small group intervention units" equals the quotient of	24429
(the district's poverty student count times 3) divided by 10;	24430

(ii) "Hourly rate," and "level one hours," ~~and "phase-in~~	24431
~~percentage"~~ have the same meanings as in division (C)(1)(a) of	24432
this section;	24433

(iii) "Level three hours" equals 135 hours.

24434

(b) If the district's poverty index is greater than or equal	24435
to 2.50:	24436

small group intervention units X hourly rate	24437

X level three hours ~~X phase-in percentage~~	24438

Where:

24439

(i) "Small group intervention units" has the same meaning as	24440
in division (C)(3)(a)(i) of this section;	24441

(ii) "Hourly rate" ~~and "phase-in percentage" have~~has the	24442
same ~~meanings~~meaning as in division (C)(1)(a) of this section;	24443

(iii) "Level three hours" equals 160 hours.

24444

Any district that receives funds under division (C)(2) or (3)	24445
of this section annually shall submit to the department of	24446
education by a date established by the department a plan	24447
describing how the district will deploy those funds. The	24448
deployment measures described in that plan shall comply with any	24449
applicable spending requirements prescribed in division (J)(6) of	24450
this section or with any order issued by the superintendent of	24451
public instruction under section 3317.017 of the Revised Code.	24452

(D) A payment for all-day kindergarten if the poverty index	24453
of the school district is greater than or equal to 1.0 or if the	24454
district's three-year average formula ADM exceeded seventeen	24455
thousand five hundred. In addition, the department shall make a	24456
payment under this division to any school district that, in a	24457
prior fiscal year, qualified for this payment and provided all-day	24458
kindergarten, regardless of changes to the district's poverty	24459
index. The department shall calculate the payment under this	24460
division by multiplying the all-day ~~kindergarten percentage by the~~	24461
kindergarten ADM ~~and multiplying that product~~ by the formula	24462
amount.	24463

(E) A ~~class-size reduction~~ payment for increased classroom	24464
learning opportunities based on calculating the number of new	24465
teachers necessary to achieve a lower student-teacher ratio, as	24466
follows:	24467

(1) Determine or calculate a formula number of teachers per	24468
one thousand students based on the poverty index of the school	24469
district as follows:	24470

(a) If the poverty index of the school district is less than	24471
1.0, the formula number of teachers is 50.0, which is the number	24472
of teachers per one thousand students at a student-teacher ratio	24473
of twenty to one;	24474

(b) If the poverty index of the school district is greater	24475
than or equal to 1.0, but less than 1.5, the formula number of	24476
teachers is calculated as follows:	24477

50.0 + {[(poverty index – 1.0)/0.5] X 16.667}	24478

Where 50.0 is the number of teachers per one thousand	24479
students at a student-teacher ratio of twenty to one; 0.5 is the	24480
interval from a poverty index of 1.0 to a poverty index of 1.5;	24481
and 16.667 is the difference in the number of teachers per one	24482
thousand students at a student-teacher ratio of fifteen to one and	24483
the number of teachers per one thousand students at a	24484
student-teacher ratio of twenty to one.	24485

(c) If the poverty index of the school district is greater	24486
than or equal to 1.5, the formula number of teachers is 66.667,	24487
which is the number of teachers per one thousand students at a	24488
student-teacher ratio of fifteen to one.	24489

(2) Multiply the formula number of teachers determined or	24490
calculated in division (E)(1) of this section by the kindergarten	24491
through third grade ADM for the district and divide that product	24492
by one thousand;	24493

(3) Calculate the number of new teachers as follows:

24494

(a) Multiply the kindergarten through third grade ADM by	24495
50.0, which is the number of teachers per one thousand students at	24496
a student-teacher ratio of twenty to one, and divide that product	24497
by one thousand;	24498

(b) Subtract the quotient obtained in division (E)(3)(a) of	24499
this section from the product in division (E)(2) of this section.	24500

(4) Multiply the greater of the difference obtained under	24501
division (E)(3) of this section or zero by the statewide average	24502
teachers compensation. For this purpose, the "statewide average	24503
teacher compensation" is ~~$53,680~~$56,754 in fiscal year ~~2006~~2008	24504
and ~~$54,941~~$58,621 in fiscal year ~~2007~~2009, which includes an	24505
amount for the value of fringe benefits.	24506

(F) A payment for services to limited English proficient	24507
students, if the district's poverty index is greater than or equal	24508
to 1.0 and the proportion of its students who are limited English	24509
proficient, as reported in 2003 on its school district report	24510
issued under section 3302.03 of the Revised Code for the 2002-2003	24511
school year, is greater than or equal to 2.0%, calculated as	24512
follows:	24513

(1) If the district's poverty index is greater than or equal	24514
to 1.0, but less than 1.75, determine the amount per limited	24515
English proficient student as follows:	24516

{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]}	24517

X formula amount	24518

(2) If the district's poverty index is greater than or equal	24519
to 1.75, the amount per limited English proficient student equals:	24520

0.25 X formula amount	24521

(3) Multiply the per student amount determined for the	24522
district under division (F)(1) or (2) of this section by the	24523
number of the district's limited English proficient students,	24524
times a phase-in percentage of ~~0.40 in fiscal year 2006 and~~ 0.70	24525
in fiscal ~~year 2007~~years 2008 and 2009. For purposes of this	24526
calculation, the number of limited English proficient students for	24527
each district shall be the number determined by the department	24528
when it calculated the district's percentage of limited English	24529
proficient students for its school district report card issued in	24530
2003 for the 2002-2003 school year.	24531

~~Not later than December 31, 2006, the department of education~~	24532
~~shall recommend to the general assembly and the director of budget~~	24533
~~and management a method of identifying the number of limited~~	24534
~~English proficient students for purposes of calculating payments~~	24535
~~under this division after fiscal year 2007.~~	24536

(G) A payment for professional development of teachers, if	24537
the district's poverty index is greater than or equal to 1.0,	24538
calculated as follows:	24539

(1) If the district's poverty index is greater than or equal	24540
to 1.0, but less than 1.75, determine the amount per teacher as	24541
follows:	24542

[(poverty index – 1.0)/0.75] X 0.045 X formula amount	24543

(2) If the district's poverty index is greater than or equal	24544
to 1.75, the amount per teacher equals:	24545

0.045 X formula amount	24546

(3) Determine the number of teachers, as follows:

24547

(formula ADM/17)	24548

(4) Multiply the per teacher amount determined for the	24549
district under division (G)(1) or (2) of this section by the	24550
number of teachers determined under division (G)(3) of this	24551
section~~, times a phase-in percentage of 0.40 in fiscal year 2006~~	24552
~~and 0.70 in fiscal year 2007~~.	24553

(H) A payment for dropout prevention, if the district is a	24554
big eight school district as defined in section 3314.02 of the	24555
Revised Code, calculated as follows:	24556

0.005 X formula amount X poverty index	24557

X formula ADM ~~X phase-in percentage~~	24558

~~Where "phase-in percentage" equals 0.40 in fiscal year 2006~~	24559
~~and 0.70 in fiscal year 2007.~~	24560

(I) An amount for community outreach, if the district is an	24561
urban school district as defined in section 3314.02 of the Revised	24562
Code, calculated as follows:	24563

0.005 X formula amount X poverty index X	24564

formula ADM ~~X phase-in percentage~~	24565

~~Where "phase-in percentage" equals 0.40 in fiscal year 2006~~	24566
~~and 0.70 in fiscal year 2007.~~	24567

(J) This division applies only to school districts ~~whose~~	24568
~~poverty index is 1.0 or greater.~~that receive more than ten	24569
thousand dollars under this section. Each such district shall use	24570
funds paid under this section only for one or more of the	24571
following purposes:	24572

(1) ~~Each school district subject to this division shall first~~	24573
~~utilize funds received under this section so that, when combined~~	24574
~~with other funds of the district, sufficient funds exist to~~To	24575
provide all-day kindergarten to ~~at least~~ the ~~number of~~ children in	24576
the district's all-day kindergarten ~~percentage. To satisfy this~~	24577
~~requirement, a district may use funds paid under division (C),~~	24578
~~(F), (G), (H), or (I) of this section to provide all-day~~	24579
~~kindergarten in addition to the all-day kindergarten payment under~~	24580
~~division (D) of this section.~~ADM;	24581

(2) ~~Except as permitted under division (J)(1) of this~~	24582
~~section, each school district shall use its payment under division~~	24583
~~(F) of this section for~~To provide services to students with	24584
limited English proficiency through one or more of the following	24585
~~purposes~~activities:	24586

(a) ~~To hire~~Hiring teachers for limited English proficient	24587
students or other personnel to provide intervention services for	24588
those students;	24589

(b) ~~To contract~~Contracting for intervention services for	24590
those students;	24591

(c) ~~To provide~~Providing other services to assist those	24592
students in passing the third-grade reading achievement test, and	24593
to provide for those students the intervention services required	24594
by section 3313.608 of the Revised Code.	24595

(3) ~~Except as permitted under division (J)(1) of this~~	24596
~~section, each school district shall use its payment under division~~	24597
~~(G) of this section for~~To provide professional development of	24598
teachers or other licensed personnel providing educational	24599
services to students only in one or more of the following areas:	24600

(a) Data-based decision making;

24601

(b) Standards-based curriculum models;

24602

(c) ~~Job-embedded~~High quality professional development	24603
activities that are research-based, as defined ~~in federal law~~by	24604
state standards developed under section 3319.61 of the Revised	24605
Code;	24606

(d) Professional learning communities.

24607

In addition, each district that elects to use funds paid	24608
under this section for professional development shall ~~use the~~	24609
~~payment~~ only to implement programs identified on a list of	24610
eligible professional development programs provided by the	24611
department of education. The department annually shall provide the	24612
list to each district receiving a payment under ~~division (G) of~~	24613
this section. ~~However, a district may apply to the department for~~	24614
~~a waiver to implement an alternative professional development~~	24615
~~program in one or more of the areas specified in divisions~~	24616
~~(J)(3)(a) to (c) of this section. If the department grants the~~	24617
~~waiver, the district may use its payment under division (G) of~~	24618
~~this section to implement the alternative program.~~	24619

(4) ~~Except as permitted under division (J)(1) of this~~	24620
~~section, each big eight school district shall use its payment~~	24621
~~under division (H) of this section either for~~For preventing	24622
at-risk students from dropping out of school~~, for safety and~~	24623
~~security measures described in division (J)(5)(b) of this section,~~	24624
~~for academic intervention services described in division (J)(6) of~~	24625
~~this section, or for a combination of those purposes~~. Not later	24626
than September 1, ~~2005~~2007, the department of education shall	24627
provide each ~~big eight~~ school district receiving a payment under	24628
this section with a list of dropout prevention programs that it	24629
has determined are successful. The department subsequently may	24630
update the list. Each district that elects to use its payment	24631
under ~~division (H) of~~ this section for dropout prevention shall	24632
use the payment only to implement a dropout prevention program	24633
specified on the department's list. ~~However, a district may apply~~	24634
~~to the department for a waiver to implement an alternative dropout~~	24635
~~prevention program. If the department grants the waiver, the~~	24636
~~district may use its payment under division (H) of this section to~~	24637
~~implement the alternative program.~~	24638

(5) ~~Except as permitted under division (J)(1) of this~~	24639
~~section, each urban school district that has a poverty index~~	24640
~~greater than or equal to 1.0 shall use its payment under division~~	24641
~~(I) of this section for~~For one or a combination of the following	24642
purposes:	24643

(a) To hire or contract for community liaison officers,	24644
attendance or truant officers, or safety and security personnel;	24645

(b) To implement programs designed to ensure that schools are	24646
free of drugs and violence and have a disciplined environment	24647
conducive to learning in accordance with safe school guidelines	24648
adopted by the state board of education;	24649

(c) To implement academic intervention services described in	24650
division (J)(6) of this section.	24651

(6) Except as permitted under division (J)(1) of this	24652
section, each school district with a poverty index greater than or	24653
equal to 1.0 shall use the amount of its payment under division	24654
(C) of this section~~, and may use any amount of its payment under~~	24655
~~division (H) or (I) of this section,~~ for academic intervention	24656
services, designed in accordance with student intervention	24657
guidelines adopted by the state board, for students who have	24658
failed or are in danger of failing any of the tests administered	24659
pursuant to section 3301.0710 of the Revised Code, including	24660
intervention services required by section 3313.608 of the Revised	24661
Code. Except as permitted under division (J)(1) of this section,	24662
no district shall spend any portion of its payment under division	24663
(C) of this section for any other purpose. Notwithstanding any	24664
provision to the contrary in Chapter 4117. of the Revised Code, no	24665
collective bargaining agreement entered into after June 30, 2005,	24666
shall require use of the payment for any other purpose.	24667

(7) ~~Except as otherwise required by division (K) or permitted~~	24668
~~under division (O) of this section, all remaining funds~~	24669
~~distributed under this section to districts with a poverty index~~	24670
~~greater than or equal to 1.0 shall be utilized for the purpose of~~	24671
~~the third grade guarantee. The third grade guarantee consists of~~	24672
For increased classroom learning opportunities by increasing the	24673
amount of instructional attention received per pupil in	24674
kindergarten through third grade, either by reducing the ratio of	24675
students to instructional personnel or by increasing the amount of	24676
instruction and curriculum-related activities by extending the	24677
length of the school day or the school year.	24678

School districts may implement a reduction of the ratio of	24679
students to instructional personnel through any or all of the	24680
following methods:	24681

(a) Reducing the number of students in a classroom taught by	24682
a single teacher;	24683

(b) Employing full-time educational aides or educational	24684
paraprofessionals, issued a permit or license under section	24685
3319.088 of the Revised Code, who are engaged in classroom support	24686
activities;	24687

(c) Instituting a team-teaching method that will result in a	24688
lower student-teacher ratio in a classroom.	24689

Districts may extend the school day either by increasing the	24690
amount of time allocated for each class, increasing the number of	24691
classes provided per day, offering optional academic-related	24692
after-school programs, providing curriculum-related extra	24693
curricular activities, or establishing tutoring or remedial	24694
services for students who have demonstrated an educational need.	24695
In accordance with section 3319.089 of the Revised Code, a	24696
district extending the school day pursuant to this division may	24697
utilize a participant of the work experience program who has a	24698
child enrolled in a public school in that district and who is	24699
fulfilling the work requirements of that program by volunteering	24700
or working in that public school. If the work experience program	24701
participant is compensated, the school district may use the funds	24702
distributed under this section for all or part of the	24703
compensation.	24704

Districts may extend the school year either through adding	24705
regular days of instruction to the school calendar or by providing	24706
summer programs.	24707

(8) For early childhood programs or early learning programs,	24708
as defined by the department of education, for children age three	24709
or four who are not eligible for kindergarten;	24710

(9) To furnish, free of charge, materials used in courses of	24711
instruction, except for the necessary textbooks or electronic	24712
textbooks required to be furnished without charge pursuant to	24713
section 3329.06 of the Revised Code, to pupils living in families	24714
participating in Ohio works first in accordance with section	24715
3313.642 of the Revised Code;	24716

(10) For programs designed to reduce nonacademic barriers to	24717
learning, in accordance with guidelines developed by the	24718
department of education;	24719

(11) For start-up costs associated with school breakfast	24720
programs provided pursuant to section 3313.813 of the Revised	24721
Code.	24722

A school district may apply to the department, in the form	24723
and manner prescribed by the department, for a waiver to spend	24724
funds paid under this section for programs not described in	24725
divisions (J)(1) to (11) of this section. The waiver application	24726
shall specify the rationale for the alternative expenditure and	24727
the intended benefits for disadvantaged students. If the	24728
department grants the waiver, the district may use funds paid	24729
under this section to implement the alternative program.	24730

(K) ~~Each district shall not expend any funds received under~~	24731
~~division (E) of this section in any school buildings that are not~~	24732
~~buildings with the highest concentration of need, unless there is~~	24733
~~a ratio of instructional personnel to students of no more than~~	24734
~~fifteen to one in each kindergarten and first grade class in all~~	24735
~~buildings with the highest concentration of need. This division~~	24736
~~does not require that the funds used in buildings with the highest~~	24737
~~concentration of need be spent solely to reduce the ratio of~~	24738
~~instructional personnel to students in kindergarten and first~~	24739
~~grade. A school district may spend the funds in those buildings in~~	24740
~~any manner permitted by division (J)(7) of this section, but may~~	24741
~~not spend the money in other buildings unless the fifteen-to-one~~	24742
~~ratio required by this division is attained.~~A payment for	24743
assistance in closing the achievement gap, calculated as follows:	24744

(1) In fiscal year 2008 the department shall pay each school	24745
district that has both a poverty index that is greater than or	24746
equal to 1.0 and an academic distress index, as determined based	24747
on the most recent report card issued under section 3302.03 of the	24748
Revised Code, that is greater than or equal to 1.0, an amount	24749
calculated in accordance with the following formula:	24750

poverty index X academic distress index X	24751

(0.0015 X formula amount) X formula ADM	24752

(2) In fiscal year 2009:

24753

(a) If the district received a payment under division (K)(1)	24754
of this section for fiscal year 2008, and its academic distress	24755
percentage for fiscal year 2009, as determined based on the most	24756
recent report card issued under section 3302.03 of the Revised	24757
Code, is less than its academic distress percentage for fiscal	24758
year 2008, the department shall pay the district the product of	24759
its payment under division (K)(1) of this section for fiscal year	24760
2008 times 1.035.	24761

(b) If the district received a payment under division (K)(1)	24762
of this section for fiscal year 2008, and its academic distress	24763
percentage for fiscal year 2009, as determined based on the most	24764
recent report card issued under section 3302.03 of the Revised	24765
Code, is greater than or equal to its academic distress percentage	24766
for fiscal year 2008, the department shall pay the district the	24767
same amount as its payment under division (K)(1) of this section	24768
for fiscal year 2008.	24769

(c) If the district did not receive a payment under division	24770
(K)(1) of this section for fiscal year 2008, and it has both a	24771
poverty index that is greater than or equal to 1.0 and an academic	24772
distress index, as determined based on the most recent report card	24773
issued under section 3302.03 of the Revised Code, that is greater	24774
than or equal to 1.0 for fiscal year 2009, the department shall	24775
pay the district an amount calculated in accordance with the	24776
following formula:	24777

poverty index X academic distress index X	24778

(0.0015 X formula amount) X formula ADM	24779

(L)~~(1) By the first day of August of each fiscal year, each~~	24780
This division applies only to funds paid under division (K)(2)(b)	24781
of this section.	24782

(1) If applicable, each school district shall use the funds	24783
for any necessary expenses for the continued operation of a school	24784
district academic distress commission appointed under section	24785
3302.10 of the Revised Code.	24786

(2) After satisfying the requirement of division (L)(1) of	24787
this section, each district shall spend the remaining funds only	24788
for one or more of the following purposes and only in buildings	24789
with the highest concentration of need:	24790

(a) Assistance in improving student performance;

24791

(b) Professional development for teachers and administrators;

24792

(c) Assistance in recruiting and retaining teachers and	24793
administrators.	24794

(M)(1) Each school district wishing to receive any funds	24795
under division (D) of this section shall submit to the department	24796
of education ~~an estimate of its~~the number of students attending	24797
all-day kindergarten ~~percentage~~when reporting formula ADM under	24798
section 3317.03 of the Revised Code. ~~Each district shall update~~	24799
~~its estimate throughout the fiscal year in the form and manner~~	24800
~~required by the department, and the department shall adjust~~	24801
~~payments under this section to reflect the updates.~~	24802

~~(2) Annually by the end of December, the department of~~	24803
~~education, utilizing data from the information system established~~	24804
~~under section 3301.0714 of the Revised Code, shall determine for~~	24805
~~each school district subject to division (J) of this section~~	24806
~~whether in the preceding fiscal year the district's ratio of~~	24807
~~instructional personnel to students and its number of kindergarten~~	24808
~~students receiving all-day kindergarten appear reasonable, given~~	24809
~~the amounts of money the district received for that fiscal year~~	24810
~~pursuant to divisions (D) and (E) of this section. If the~~	24811
~~department is unable to verify from the data available that~~	24812
~~students are receiving reasonable amounts of instructional~~	24813
~~attention and all-day kindergarten, given the funds the district~~	24814
~~has received under this section and that class-size reduction~~	24815
~~funds are being used in school buildings with the highest~~	24816
~~concentration of need as required by division (K) of this section,~~	24817
~~the department shall conduct a more intensive investigation to~~	24818
~~ensure that funds have been expended as required by this section.~~	24819
~~The department shall file an annual report of its findings under~~	24820
~~this division with the chairpersons of the committees in each~~	24821
~~house of the general assembly dealing with finance and education.~~	24822

~~(M)(1)~~(2) Each school district ~~with a poverty index less than~~	24823
~~1.0~~ that receives a payment under division (D) of this section	24824
shall first utilize funds received under ~~this section so~~ that ,	24825
~~when combined with other funds of the district, sufficient funds~~	24826
~~exist~~division to provide all-day kindergarten ~~to at least the~~	24827
~~number of children in the district's all-day kindergarten~~	24828
~~percentage. To satisfy this requirement, a district may use funds~~	24829
~~paid under division (C) or (I) of this section to provide all-day~~	24830
~~kindergarten in addition to the all-day kindergarten payment under~~	24831
~~division (D) of this section~~.	24832

~~(2)~~(N) Except as permitted under division (M)(1) of this	24833
section, each school district with a poverty index less than 1.0	24834
that receives a payment under division (C) of this section shall	24835
use its payment under that division in accordance with all	24836
requirements of division (J)(6) of this section.	24837

~~(3) Except as permitted under division (M)(1) of this~~	24838
~~section, each school district with a poverty index less than 1.0~~	24839
~~that receives a payment under division (I) of this section shall~~	24840
~~use its payment under that division for one or a combination of~~	24841
~~the following purposes:~~	24842

~~(a) To hire or contract for community liaison officers,~~	24843
~~attendance or truant officers, or safety and security personnel;~~	24844

~~(b) To implement programs designed to ensure that schools are~~	24845
~~free of drugs and violence and have a disciplined environment~~	24846
~~conducive to learning;~~	24847

~~(c) To implement academic intervention services described in~~	24848
~~division (J)(6) of this section.~~	24849

~~(4) Each school district to which division (M)(1), (2), or~~	24850
~~(3) of this section applies shall expend the remaining funds~~	24851
~~received under this section, and any other district with a poverty~~	24852
~~index less than 1.0 shall expend all funds received under this~~	24853
~~section, for any of the following purposes:~~	24854

~~(a) The purchase of technology for instructional purposes for~~	24855
~~remediation;~~	24856

~~(b) All-day kindergarten;~~

24857

~~(c) Reduction of class sizes in grades kindergarten through~~	24858
~~three, as described in division (J)(7) of this section;~~	24859

~~(d) Summer school remediation;~~

24860

~~(e) Dropout prevention programs approved by the department of~~	24861
~~education under division (J)(4) of this section;~~	24862

~~(f) Guaranteeing that all third graders are ready to progress~~	24863
~~to more advanced work;~~	24864

~~(g) Summer education and work programs;~~

24865

~~(h) Adolescent pregnancy programs;~~

24866

~~(i) Head start, preschool, early childhood education, or~~	24867
~~early learning programs;~~	24868

~~(j) Reading improvement and remediation programs described by~~	24869
~~the department of education;~~	24870

~~(k) Programs designed to ensure that schools are free of~~	24871
~~drugs and violence and have a disciplined environment conducive to~~	24872
~~learning;~~	24873

~~(l) Furnishing, free of charge, materials used in courses of~~	24874
~~instruction, except for the necessary textbooks or electronic~~	24875
~~textbooks required to be furnished without charge pursuant to~~	24876
~~section 3329.06 of the Revised Code, to pupils living in families~~	24877
~~participating in Ohio works first in accordance with section~~	24878
~~3313.642 of the Revised Code;~~	24879

~~(m) School breakfasts provided pursuant to section 3313.813~~	24880
~~of the Revised Code.~~	24881

~~(N)~~(O) If at any time the superintendent of public	24882
instruction determines that a school district receiving funds	24883
under division (D) of this section has enrolled ~~less~~fewer than	24884
the number of all-day kindergarten ~~percentage~~students reported	24885
for that fiscal year, the superintendent shall withhold from the	24886
funds otherwise due the district under this section a proportional	24887
amount as determined by the difference in the certified all-day	24888
kindergarten ~~percentage~~ADM and the ~~percentage actually enrolled~~	24889
inactual all-day kindergarten ADM.	24890

The superintendent shall also withhold an appropriate amount	24891
of funds otherwise due a district for any other misuse of funds	24892
not in accordance with this section.	24893

~~(O)~~(P)(1) A district may use a portion of the funds	24894
~~calculated for it~~paid under ~~division (D) of~~ this section to	24895
modify or purchase classroom space to provide all-day	24896
kindergarten, if both of the following conditions are met:	24897

(a) The district certifies to the department, in a manner	24898
acceptable to the department, that it has a shortage of space for	24899
providing all-day kindergarten.	24900

(b) The district provides all-day kindergarten to the number	24901
of children in the all-day kindergarten percentage it certified	24902
under this section.	24903

(2) A district may use a portion of the funds ~~described in~~	24904
~~division (J)(7) of~~paid under this section to modify or purchase	24905
classroom space to enable it to further reduce class size in	24906
grades kindergarten through two with a goal of attaining class	24907
sizes of fifteen students per licensed teacher. To do so, the	24908
district must certify its need for additional space to the	24909
department, in a manner satisfactory to the department.	24910

(Q) Not later than the thirtieth day of September each year,	24911
each school district paid more than ten thousand dollars under	24912
this section shall report to the department, in the form and	24913
manner prescribed by the department, how the district deployed	24914
funds received under this section in the prior fiscal year. If a	24915
school district does not meet adequate progress standards as	24916
defined by the department, the department shall make	24917
recommendations to the district for deploying funds under this	24918
section in a more effective manner.	24919

Sec. 3317.0216. (A) As used in this section:

24920

(1) "Total taxes charged and payable for current expenses"	24921
means the sum of the taxes charged and payable as certified under	24922
division (A)(3)(a) of section 3317.021 of the Revised Code less	24923
any amounts reported under division (A)(3)(b) of that section, and	24924
the tax distribution for the preceding year under any school	24925
district income tax levied by the district pursuant to Chapter	24926
5748. of the Revised Code to the extent the revenue from the	24927
income tax is allocated or apportioned to current expenses.	24928

(2) "Charge-off amount" means two and three-tenths per cent	24929
multiplied by (the sum of recognized valuation and property	24930
exemption value).	24931

(3) Until fiscal year 2003, the "actual local share of	24932
special education, transportation, and vocational education	24933
funding" for any school district means the sum of the district's	24934
attributed local shares described in divisions (F)(1) to (3) of	24935
section 3317.022 of the Revised Code. Beginning in fiscal year	24936
2003, the "actual local share of special education,	24937
transportation, and vocational education funding" means that sum	24938
minus the amount of any excess cost supplement payment calculated	24939
for the district under division (F) of section 3317.022 of the	24940
Revised Code.	24941

~~(4) "Current expense revenues from the tangible property tax~~	24942
~~replacement fund" means payments received from the school district~~	24943
~~tangible property tax replacement fund or the general revenue fund~~	24944
~~under section 5751.21 of the Revised Code for fixed-rate levies~~	24945
~~for current expenses and for fixed-sum levies for current~~	24946
~~expenses, including school district emergency levies under~~	24947
~~sections 5705.194 to 5705.197 of the Revised Code.~~	24948

(B) Upon receiving the certifications under section 3317.021	24949
of the Revised Code, the department of education shall determine	24950
for each city, local, and exempted village school district whether	24951
the district's charge-off amount is greater than ~~the sum of~~ the	24952
district's total taxes charged and payable for current expenses	24953
~~and current expense revenues from the tangible property tax~~	24954
~~replacement fund~~, and if the charge-off amount is greater, shall	24955
pay the district the amount of the difference. A payment shall not	24956
be made to any school district for which the computation under	24957
division (A) of section 3317.022 of the Revised Code equals zero.	24958

(C)(1) If a district's charge-off amount is equal to or	24959
greater than ~~the sum of~~ its total taxes charged and payable for	24960
current expenses ~~and current expense revenues from the tangible~~	24961
~~property tax replacement fund~~, the department shall, in addition	24962
to the payment required under division (B) of this section, pay	24963
the district the amount of its actual local share of special	24964
education, transportation, and vocational education funding.	24965

(2) If a district's charge-off amount is less than ~~the sum of~~	24966
its total taxes charged and payable for current expenses ~~and~~	24967
~~current expense revenues from the tangible property tax~~	24968
~~replacement fund~~, the department shall pay the district any amount	24969
by which its actual local share of special education,	24970
transportation, and vocational education funding exceeds ~~the sum~~	24971
of its total taxes charged and payable for current expenses ~~and~~	24972
~~current expense revenues from the tangible property tax~~	24973
~~replacement fund~~ minus its charge-off amount.	24974

(D) If a school district that received a payment under	24975
division (B) or (C) of this section in the prior fiscal year is	24976
ineligible for payment under those divisions in the current fiscal	24977
year, the department shall determine if the ineligibility is the	24978
result of a property tax or income tax levy approved by the	24979
district's voters to take effect in tax year 2005 or thereafter.	24980
If the department determines that is the case, and calculates that	24981
the levy causing the ineligibility exceeded by at least one mill	24982
the equivalent millage of the prior year's payment under divisions	24983
(B) and (C) of this section, the department shall make a payment	24984
to the district for the first three years that the district loses	24985
eligibility for payment under divisions (B) and (C) of this	24986
section, as follows:	24987

(1) In the first year of ineligibility, the department shall	24988
pay the district seventy-five per cent of the amount it last paid	24989
the district under divisions (B) and (C) of this section.	24990

(2) In the second year of ineligibility, the department shall	24991
pay the district fifty per cent of the amount it last paid the	24992
district under those divisions.	24993

(3) In the third year of ineligibility, the department shall	24994
pay the district twenty-five per cent of the amount it last paid	24995
the district under those divisions.	24996

(E) A district that receives payment under division (D) of	24997
this section and subsequently qualifies for payment under division	24998
(B) or (C) of this section is ineligible for future payments under	24999
division (D) of this section.	25000

(F) To enable the department of education to make the	25001
determinations and to calculate payments under division (D) of	25002
this section, on ~~the effective date of this amendment~~March 30,	25003
2006, and on or before the first day of March of each year	25004
thereafter, the department shall send to the tax commissioner a	25005
list of school districts receiving payments under division (B) or	25006
(C) of this section for the current fiscal year. On or before the	25007
first day of the following June, the tax commissioner shall	25008
certify to the department of education for those school districts	25009
the information required by division (A)(8) of section 3317.021 of	25010
the Revised Code.	25011

Sec. 3317.0217. ~~The~~Payment of the amount calculated for a	25012
school district under this section shall be made under division	25013
(A) of section 3317.022 of the Revised Code.	25014

The department of education shall annually compute ~~and pay~~	25015
state parity aid to school districts, as follows:	25016

(A) Calculate the local wealth per pupil of each school	25017
district, which equals the following sum:	25018

(1) Two-thirds times the quotient of (a) the district's	25019
recognized valuation divided by (b) its formula ADM; plus	25020

(2) One-third times the quotient of (a) the average of the	25021
total federal adjusted gross income of the school district's	25022
residents for the three years most recently reported under section	25023
3317.021 of the Revised Code divided by (b) its formula ADM.	25024

(B) Rank all school districts in order of local wealth per	25025
pupil, from the district with the lowest local wealth per pupil to	25026
the district with the highest local wealth per pupil.	25027

(C) Compute the per pupil state parity aid funding for each	25028
eligible school district in accordance with the following formula:	25029

(threshold local wealth	25030

per pupil - the district's local	25031

wealth per pupil) X ~~0.0075~~ parity millage	25032

Where:

25033

(1) ~~Seven and one-half mills (0.0075) is an adjustment to the~~	25034
~~original parity aid standard of nine and one-half mills, to~~	25035
~~account for the general assembly's policy decision to phase-out~~	25036
~~use of the cost-of-doing-business factor in the base cost formula~~	25037
In fiscal year 2008, an "eligible school district" means a school	25038
district with a local wealth per pupil less than that of the	25039
school district with the four-hundred-eleventh lowest local wealth	25040
per pupil. In fiscal year 2009, an "eligible school district"	25041
means a school district with a local wealth per pupil less than	25042
that of the school district with the three-hundred-sixty-eighth	25043
lowest local wealth per pupil.	25044

(2) The "threshold local wealth per pupil" is the local	25045
wealth per pupil of the school district with the	25046
four-hundred-ninetieth lowest local wealth per pupil.	25047

(3) "Parity millage," in fiscal year 2008, equals 0.0080 and,	25048
in fiscal year 2009, equals 0.0085.	25049

If the result of the calculation for a school district under	25050
division (C) of this section is less than zero, the district's per	25051
pupil parity aid shall be zero.	25052

(D) Compute the per pupil alternative parity aid for each	25053
school district that has a combination of an income factor of 1.0	25054
or less, a poverty index of 1.0 or greater, and a fiscal year 2005	25055
cost-of-doing-business factor of 1.0375 or greater, in accordance	25056
with the following formula:	25057

Payment percentage X $60,000 X	25058

(1 - income factor) X 4/15 X 0.023	25059

Where:

25060

(1) "Poverty index" has the same meaning as in section	25061
3317.029 of the Revised Code.	25062

(2) "Payment percentage," for purposes of division (D) of	25063
this section, equals 50% in fiscal year 2002 and 100% after fiscal	25064
year 2002.	25065

(3) "Fiscal year 2005 cost-of-doing-business factor" means	25066
the cost-of-doing-business factor in effect for fiscal year 2005	25067
designated under former division (N) of section 3317.02 of the	25068
Revised Code as that division existed in fiscal year 2005.	25069

(E) Pay each district that has a combination of an income	25070
factor of 1.0 or less, a poverty index of 1.0 or greater, and a	25071
fiscal year 2005 cost-of-doing-business factor of 1.0375 or	25072
greater, the greater of the following:	25073

(1) The product of the district's per pupil parity aid	25074
calculated under division (C) of this section times its net	25075
formula ADM;	25076

(2) The product of its per pupil alternative parity aid	25077
calculated under division (D) of this section times its net	25078
formula ADM.	25079

(F) Pay every other district the product of its per pupil	25080
parity aid calculated under division (C) of this section times its	25081
net formula ADM.	25082

(G) As used in divisions (E) and (F) of this section, "net	25083
formula ADM" means formula ADM minus the number of internet- and	25084
computer-based community school students and scholarship students	25085
reported under divisions (B)(3)(e), (f), and (g) of section	25086
3317.03 of the Revised Code.	25087

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	25088
(C) of this section, except as provided in division (A)(2)(h) of	25089
this section, any student enrolled in kindergarten more than half	25090
time shall be reported as one-half student under this section.	25091

(A) The superintendent of each city and exempted village	25092
school district and of each educational service center shall, for	25093
the schools under the superintendent's supervision, certify to the	25094
state board of education on or before the fifteenth day of October	25095
in each year for the first full school week in October the formula	25096
ADM. Beginning in fiscal year 2007, each superintendent also shall	25097
certify to the state board, for the schools under the	25098
superintendent's supervision, the formula ADM for the first full	25099
week in February. If a school under the superintendent's	25100
supervision is closed for one or more days during that week due to	25101
hazardous weather conditions or other circumstances described in	25102
the first paragraph of division (B) of section 3317.01 of the	25103
Revised Code, the superintendent may apply to the superintendent	25104
of public instruction for a waiver, under which the superintendent	25105
of public instruction may exempt the district superintendent from	25106
certifying the formula ADM for that school for that week and	25107
specify an alternate week for certifying the formula ADM of that	25108
school.	25109

The formula ADM shall consist of the average daily membership	25110
during such week of the sum of the following:	25111

(1) On an FTE basis, the number of students in grades	25112
kindergarten through twelve receiving any educational services	25113
from the district, except that the following categories of	25114
students shall not be included in the determination:	25115

(a) Students enrolled in adult education classes;

25116

(b) Adjacent or other district students enrolled in the	25117
district under an open enrollment policy pursuant to section	25118
3313.98 of the Revised Code;	25119

(c) Students receiving services in the district pursuant to a	25120
compact, cooperative education agreement, or a contract, but who	25121
are entitled to attend school in another district pursuant to	25122
section 3313.64 or 3313.65 of the Revised Code;	25123

(d) Students for whom tuition is payable pursuant to sections	25124
3317.081 and 3323.141 of the Revised Code;	25125

(e) Students receiving services in the district through a	25126
scholarship awarded under either section 3310.41 or sections	25127
3310.51 to 3310.63 of the Revised Code.	25128

(2) On an FTE basis, except as provided in division (A)(2)(h)	25129
of this section, the number of students entitled to attend school	25130
in the district pursuant to section 3313.64 or 3313.65 of the	25131
Revised Code, but receiving educational services in grades	25132
kindergarten through twelve from one or more of the following	25133
entities:	25134

(a) A community school pursuant to Chapter 3314. of the	25135
Revised Code, including any participation in a college pursuant to	25136
Chapter 3365. of the Revised Code while enrolled in such community	25137
school;	25138

(b) An alternative school pursuant to sections 3313.974 to	25139
3313.979 of the Revised Code as described in division (I)(2)(a) or	25140
(b) of this section;	25141

(c) A college pursuant to Chapter 3365. of the Revised Code,	25142
except when the student is enrolled in the college while also	25143
enrolled in a community school pursuant to Chapter 3314. or a	25144
science, technology, engineering, and mathematics school	25145
established under Chapter 3326. of the Revised Code;	25146

(d) An adjacent or other school district under an open	25147
enrollment policy adopted pursuant to section 3313.98 of the	25148
Revised Code;	25149

(e) An educational service center or cooperative education	25150
district;	25151

(f) Another school district under a cooperative education	25152
agreement, compact, or contract;	25153

(g) A chartered nonpublic school with a scholarship paid	25154
under section 3310.08 of the Revised Code;	25155

(h) An alternative public provider or a registered private	25156
provider with a scholarship awarded under either section 3310.41	25157
or sections 3310.51 to 3310.63 of the Revised Code. Each such	25158
scholarship student who is enrolled in kindergarten shall be	25159
counted as one full-time-equivalent student.	25160

As used in this section, "alternative public provider" and	25161
"registered private provider" have the same meanings as in section	25162
3310.41 or 3310.51 of the Revised Code, as applicable.	25163

(i) A science, technology, engineering, and mathematics	25164
school established under Chapter 3326. of the Revised Code,	25165
including any participation in a college pursuant to Chapter 3365.	25166
of the Revised Code while enrolled in the school.	25167

(3) Twenty per cent of the number of students enrolled in a	25168
joint vocational school district or under a vocational education	25169
compact, excluding any students entitled to attend school in the	25170
district under section 3313.64 or 3313.65 of the Revised Code who	25171
are enrolled in another school district through an open enrollment	25172
policy as reported under division (A)(2)(d) of this section and	25173
then enroll in a joint vocational school district or under a	25174
vocational education compact;	25175

(4) The number of ~~handicapped~~ children with disabilities,	25176
other than ~~handicapped~~ preschool children with disabilities,	25177
entitled to attend school in the district pursuant to section	25178
3313.64 or 3313.65 of the Revised Code who are placed by the	25179
district with a county MR/DD board, minus the number of such	25180
children placed with a county MR/DD board in fiscal year 1998. If	25181
this calculation produces a negative number, the number reported	25182
under division (A)(4) of this section shall be zero.	25183

(5) Beginning in fiscal year 2007, in the case of the report	25184
submitted for the first full week in February, or the alternative	25185
week if specified by the superintendent of public instruction, the	25186
number of students reported under division (A)(1) or (2) of this	25187
section for the first full week of the preceding October but who	25188
since that week have received high school diplomas.	25189

(B) To enable the department of education to obtain the data	25190
needed to complete the calculation of payments pursuant to this	25191
chapter, in addition to the formula ADM, each superintendent shall	25192
report separately the following student counts for the same week	25193
for which formula ADM is certified:	25194

(1) The total average daily membership in regular day classes	25195
included in the report under division (A)(1) or (2) of this	25196
section for kindergarten, and each of grades one through twelve in	25197
schools under the superintendent's supervision;	25198

(2) The number of all ~~handicapped~~ preschool children with	25199
disabilities enrolled as of the first day of December in classes	25200
in the district that are eligible for approval under division (B)	25201
of section 3317.05 of the Revised Code and the number of those	25202
classes, which shall be reported not later than the fifteenth day	25203
of December, in accordance with rules adopted under that section;	25204

(3) The number of children entitled to attend school in the	25205
district pursuant to section 3313.64 or 3313.65 of the Revised	25206
Code who are:	25207

(a) Participating in a pilot project scholarship program	25208
established under sections 3313.974 to 3313.979 of the Revised	25209
Code as described in division (I)(2)(a) or (b) of this section;	25210

(b) Enrolled in a college under Chapter 3365. of the Revised	25211
Code, except when the student is enrolled in the college while	25212
also enrolled in a community school pursuant to Chapter 3314. or a	25213
science, technology, engineering, and mathematics school	25214
established under Chapter 3326. of the Revised Code;	25215

(c) Enrolled in an adjacent or other school district under	25216
section 3313.98 of the Revised Code;	25217

(d) Enrolled in a community school established under Chapter	25218
3314. of the Revised Code that is not an internet- or	25219
computer-based community school as defined in section 3314.02 of	25220
the Revised Code, including any participation in a college	25221
pursuant to Chapter 3365. of the Revised Code while enrolled in	25222
such community school;	25223

(e) Enrolled in an internet- or computer-based community	25224
school, as defined in section 3314.02 of the Revised Code,	25225
including any participation in a college pursuant to Chapter 3365.	25226
of the Revised Code while enrolled in the school;	25227

(f) Enrolled in a chartered nonpublic school with a	25228
scholarship paid under section 3310.08 of the Revised Code;	25229

(g) Enrolled in kindergarten through grade twelve in an	25230
alternative public provider or a registered private provider with	25231
a scholarship awarded under either section 3310.41 or sections	25232
3310.51 to 3310.63 of the Revised Code;	25233

(h) Enrolled as a ~~handicapped~~ preschool child with a	25234
disability in an alternative public provider or a registered	25235
private provider with a scholarship awarded under section 3310.41	25236
of the Revised Code;	25237

(i) Participating in a program operated by a county MR/DD	25238
board or a state institution;	25239

(j) Enrolled in a science, technology, engineering, and	25240
mathematics school established under Chapter 3326. of the Revised	25241
Code, including any participation in a college pursuant to Chapter	25242
3365. of the Revised Code while enrolled in the school.	25243

(4) The number of pupils enrolled in joint vocational	25244
schools;	25245

(5) The combined average daily membership of ~~handicapped~~	25246
children with disabilities reported under division (A)(1) or (2)	25247
of this section receiving special education services for the	25248
category one ~~handicap~~disability described in division (A) of	25249
section 3317.013 of the Revised Code, including children attending	25250
a special education program operated by an alternative public	25251
provider or a registered private provider with a scholarship	25252
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25253

(6) The combined average daily membership of ~~handicapped~~	25254
children with disabilities reported under division (A)(1) or (2)	25255
of this section receiving special education services for category	25256
two ~~handicaps~~disabilities described in division (B) of section	25257
3317.013 of the Revised Code, including children attending a	25258
special education program operated by an alternative public	25259
provider or a registered private provider with a scholarship	25260
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25261

(7) The combined average daily membership of ~~handicapped~~	25262
children with disabilities reported under division (A)(1) or (2)	25263
of this section receiving special education services for category	25264
three ~~handicaps~~disabilities described in division (C) of section	25265
3317.013 of the Revised Code, including children attending a	25266
special education program operated by an alternative public	25267
provider or a registered private provider with a scholarship	25268
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25269

(8) The combined average daily membership of ~~handicapped~~	25270
children with disabilities reported under division (A)(1) or (2)	25271
of this section receiving special education services for category	25272
four ~~handicaps~~disabilities described in division (D) of section	25273
3317.013 of the Revised Code, including children attending a	25274
special education program operated by an alternative public	25275
provider or a registered private provider with a scholarship	25276
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25277

(9) The combined average daily membership of ~~handicapped~~	25278
children with disabilities reported under division (A)(1) or (2)	25279
of this section receiving special education services for the	25280
category five ~~handicap~~disabilities described in division (E) of	25281
section 3317.013 of the Revised Code, including children attending	25282
a special education program operated by an alternative public	25283
provider or a registered private provider with a scholarship	25284
awarded under sections 3310.51 to 3310.63 of the Revised Code;	25285

(10) The combined average daily membership of ~~handicapped~~	25286
children with disabilities reported under division (A)(1) or (2)	25287
and under division (B)(3)(h) of this section receiving special	25288
education services for category six ~~handicaps~~disabilities	25289
described in division (F) of section 3317.013 of the Revised Code,	25290
including children attending a special education program operated	25291
by an alternative public provider or a registered private provider	25292
with a scholarship awarded under either section 3310.41 or	25293
sections 3310.51 to 3310.63 of the Revised Code;	25294

(11) The average daily membership of pupils reported under	25295
division (A)(1) or (2) of this section enrolled in category one	25296
vocational education programs or classes, described in division	25297
(A) of section 3317.014 of the Revised Code, operated by the	25298
school district or by another district, other than a joint	25299
vocational school district, or by an educational service center,	25300
excluding any student reported under division (B)(3)(e) of this	25301
section as enrolled in an internet- or computer-based community	25302
school, notwithstanding division (C) of section 3317.02 of the	25303
Revised Code and division (C)(3) of this section;	25304

(12) The average daily membership of pupils reported under	25305
division (A)(1) or (2) of this section enrolled in category two	25306
vocational education programs or services, described in division	25307
(B) of section 3317.014 of the Revised Code, operated by the	25308
school district or another school district, other than a joint	25309
vocational school district, or by an educational service center,	25310
excluding any student reported under division (B)(3)(e) of this	25311
section as enrolled in an internet- or computer-based community	25312
school, notwithstanding division (C) of section 3317.02 of the	25313
Revised Code and division (C)(3) of this section;	25314

(13) The average number of children transported by the school	25315
district on board-owned or contractor-owned and -operated buses,	25316
reported in accordance with rules adopted by the department of	25317
education;	25318

(14)(a) The number of children, other than ~~handicapped~~	25319
preschool children with disabilities, the district placed with a	25320
county MR/DD board in fiscal year 1998;	25321

(b) The number of ~~handicapped~~ children with disabilities,	25322
other than ~~handicapped~~ preschool children with disabilities,	25323
placed with a county MR/DD board in the current fiscal year to	25324
receive special education services for the category one ~~handicap~~	25325
disability described in division (A) of section 3317.013 of the	25326
Revised Code;	25327

(c) The number of ~~handicapped~~ children with disabilities,	25328
other than ~~handicapped~~ preschool children with disabilities,	25329
placed with a county MR/DD board in the current fiscal year to	25330
receive special education services for category two ~~handicaps~~	25331
disabilities described in division (B) of section 3317.013 of the	25332
Revised Code;	25333

(d) The number of ~~handicapped~~ children with disabilities,	25334
other than ~~handicapped~~ preschool children with disabilities,	25335
placed with a county MR/DD board in the current fiscal year to	25336
receive special education services for category three ~~handicaps~~	25337
disabilities described in division (C) of section 3317.013 of the	25338
Revised Code;	25339

(e) The number of ~~handicapped~~ children with disabilities,	25340
other than ~~handicapped~~ preschool children with disabilities,	25341
placed with a county MR/DD board in the current fiscal year to	25342
receive special education services for category four ~~handicaps~~	25343
disabilities described in division (D) of section 3317.013 of the	25344
Revised Code;	25345

(f) The number of ~~handicapped~~ children with disabilities,	25346
other than ~~handicapped~~ preschool children with disabilities,	25347
placed with a county MR/DD board in the current fiscal year to	25348
receive special education services for the category five ~~handicap~~	25349
disabilities described in division (E) of section 3317.013 of the	25350
Revised Code;	25351

(g) The number of ~~handicapped~~ children with disabilities,	25352
other than ~~handicapped~~ preschool children with disabilities,	25353
placed with a county MR/DD board in the current fiscal year to	25354
receive special education services for category six ~~handicaps~~	25355
disabilities described in division (F) of section 3317.013 of the	25356
Revised Code.	25357

(C)(1) Except as otherwise provided in this section for	25358
kindergarten students, the average daily membership in divisions	25359
(B)(1) to (12) of this section shall be based upon the number of	25360
full-time equivalent students. The state board of education shall	25361
adopt rules defining full-time equivalent students and for	25362
determining the average daily membership therefrom for the	25363
purposes of divisions (A), (B), and (D) of this section.	25364

(2) A student enrolled in a community school established	25365
under Chapter 3314. or a science, technology, engineering, and	25366
mathematics school established under Chapter 3326. of the Revised	25367
Code shall be counted in the formula ADM and, if applicable, the	25368
category one, two, three, four, five, or six special education ADM	25369
of the school district in which the student is entitled to attend	25370
school under section 3313.64 or 3313.65 of the Revised Code for	25371
the same proportion of the school year that the student is counted	25372
in the enrollment of the community school or the science,	25373
technology, engineering, and mathematics school for purposes of	25374
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding	25375
the number of students reported pursuant to division (B)(3)(d),	25376
(e), or (j) of this section, the department may adjust the	25377
formula ADM of a school district to account for students entitled	25378
to attend school in the district under section 3313.64 or 3313.65	25379
of the Revised Code who are enrolled in a community school or a	25380
science, technology, engineering, and mathematics school for only	25381
a portion of the school year.	25382

(3) No child shall be counted as more than a total of one	25383
child in the sum of the average daily memberships of a school	25384
district under division (A), divisions (B)(1) to (12), or division	25385
(D) of this section, except as follows:	25386

(a) A child with a ~~handicap~~disability described in section	25387
3317.013 of the Revised Code may be counted both in formula ADM	25388
and in category one, two, three, four, five, or six special	25389
education ADM and, if applicable, in category one or two	25390
vocational education ADM. As provided in division (C) of section	25391
3317.02 of the Revised Code, such a child shall be counted in	25392
category one, two, three, four, five, or six special education ADM	25393
in the same proportion that the child is counted in formula ADM.	25394

(b) A child enrolled in vocational education programs or	25395
classes described in section 3317.014 of the Revised Code may be	25396
counted both in formula ADM and category one or two vocational	25397
education ADM and, if applicable, in category one, two, three,	25398
four, five, or six special education ADM. Such a child shall be	25399
counted in category one or two vocational education ADM in the	25400
same proportion as the percentage of time that the child spends in	25401
the vocational education programs or classes.	25402

(4) Based on the information reported under this section, the	25403
department of education shall determine the total student count,	25404
as defined in section 3301.011 of the Revised Code, for each	25405
school district.	25406

(D)(1) The superintendent of each joint vocational school	25407
district shall certify to the superintendent of public instruction	25408
on or before the fifteenth day of October in each year for the	25409
first full school week in October the formula ADM. Beginning in	25410
fiscal year 2007, each superintendent also shall certify to the	25411
state superintendent the formula ADM for the first full week in	25412
February. If a school operated by the joint vocational school	25413
district is closed for one or more days during that week due to	25414
hazardous weather conditions or other circumstances described in	25415
the first paragraph of division (B) of section 3317.01 of the	25416
Revised Code, the superintendent may apply to the superintendent	25417
of public instruction for a waiver, under which the superintendent	25418
of public instruction may exempt the district superintendent from	25419
certifying the formula ADM for that school for that week and	25420
specify an alternate week for certifying the formula ADM of that	25421
school.	25422

The formula ADM, except as otherwise provided in this	25423
division, shall consist of the average daily membership during	25424
such week, on an FTE basis, of the number of students receiving	25425
any educational services from the district, including students	25426
enrolled in a community school established under Chapter 3314. or	25427
a science, technology, engineering, and mathematics school	25428
established under Chapter 3326. of the Revised Code who are	25429
attending the joint vocational district under an agreement	25430
between the district board of education and the governing	25431
authority of the community school or the science, technology,	25432
engineering, and mathematics school and are entitled to attend	25433
school in a city, local, or exempted village school district whose	25434
territory is part of the territory of the joint vocational	25435
district. Beginning in fiscal year 2007, in the case of the	25436
report submitted for the first week in February, or the	25437
alternative week if specified by the superintendent of public	25438
instruction, the superintendent of the joint vocational school	25439
district may include the number of students reported under	25440
division (D)(1) of this section for the first full week of the	25441
preceding October but who since that week have received high	25442
school diplomas.	25443

The following categories of students shall not be included in	25444
the determination made under division (D)(1) of this section:	25445

(a) Students enrolled in adult education classes;

25446

(b) Adjacent or other district joint vocational students	25447
enrolled in the district under an open enrollment policy pursuant	25448
to section 3313.98 of the Revised Code;	25449

(c) Students receiving services in the district pursuant to a	25450
compact, cooperative education agreement, or a contract, but who	25451
are entitled to attend school in a city, local, or exempted	25452
village school district whose territory is not part of the	25453
territory of the joint vocational district;	25454

(d) Students for whom tuition is payable pursuant to sections	25455
3317.081 and 3323.141 of the Revised Code.	25456

(2) To enable the department of education to obtain the data	25457
needed to complete the calculation of payments pursuant to this	25458
chapter, in addition to the formula ADM, each superintendent shall	25459
report separately the average daily membership included in the	25460
report under division (D)(1) of this section for each of the	25461
following categories of students for the same week for which	25462
formula ADM is certified:	25463

(a) Students enrolled in each grade included in the joint	25464
vocational district schools;	25465

(b) ~~Handicapped children~~Children with disabilities receiving	25466
special education services for the category one ~~handicap~~	25467
disability described in division (A) of section 3317.013 of the	25468
Revised Code;	25469

(c) ~~Handicapped children~~Children with disabilities receiving	25470
special education services for the category two ~~handicaps~~	25471
disabilities described in division (B) of section 3317.013 of the	25472
Revised Code;	25473

(d) ~~Handicapped children~~Children with disabilities receiving	25474
special education services for category three ~~handicaps~~	25475
disabilities described in division (C) of section 3317.013 of the	25476
Revised Code;	25477

(e) ~~Handicapped children~~Children with disabilities receiving	25478
special education services for category four ~~handicaps~~	25479
disabilities described in division (D) of section 3317.013 of the	25480
Revised Code;	25481

(f) ~~Handicapped children~~Children with disabilities receiving	25482
special education services for the category five ~~handicap~~	25483
disabilities described in division (E) of section 3317.013 of the	25484
Revised Code;	25485

(g) ~~Handicapped children~~Children with disabilities receiving	25486
special education services for category six ~~handicaps~~disabilities	25487
described in division (F) of section 3317.013 of the Revised Code;	25488

(h) Students receiving category one vocational education	25489
services, described in division (A) of section 3317.014 of the	25490
Revised Code;	25491

(i) Students receiving category two vocational education	25492
services, described in division (B) of section 3317.014 of the	25493
Revised Code.	25494

The superintendent of each joint vocational school district	25495
shall also indicate the city, local, or exempted village school	25496
district in which each joint vocational district pupil is entitled	25497
to attend school pursuant to section 3313.64 or 3313.65 of the	25498
Revised Code.	25499

(E) In each school of each city, local, exempted village,	25500
joint vocational, and cooperative education school district there	25501
shall be maintained a record of school membership, which record	25502
shall accurately show, for each day the school is in session, the	25503
actual membership enrolled in regular day classes. For the purpose	25504
of determining average daily membership, the membership figure of	25505
any school shall not include any pupils except those pupils	25506
described by division (A) of this section. The record of	25507
membership for each school shall be maintained in such manner that	25508
no pupil shall be counted as in membership prior to the actual	25509
date of entry in the school and also in such manner that where for	25510
any cause a pupil permanently withdraws from the school that pupil	25511
shall not be counted as in membership from and after the date of	25512
such withdrawal. There shall not be included in the membership of	25513
any school any of the following:	25514

(1) Any pupil who has graduated from the twelfth grade of a	25515
public or nonpublic high school;	25516

(2) Any pupil who is not a resident of the state;

25517

(3) Any pupil who was enrolled in the schools of the district	25518
during the previous school year when tests were administered under	25519
section 3301.0711 of the Revised Code but did not take one or more	25520
of the tests required by that section and was not excused pursuant	25521
to division (C)(1) or (3) of that section;	25522

(4) Any pupil who has attained the age of twenty-two years,	25523
except for veterans of the armed services whose attendance was	25524
interrupted before completing the recognized twelve-year course of	25525
the public schools by reason of induction or enlistment in the	25526
armed forces and who apply for reenrollment in the public school	25527
system of their residence not later than four years after	25528
termination of war or their honorable discharge.	25529

If, however, any veteran described by division (E)(4) of this	25530
section elects to enroll in special courses organized for veterans	25531
for whom tuition is paid under the provisions of federal laws, or	25532
otherwise, that veteran shall not be included in average daily	25533
membership.	25534

Notwithstanding division (E)(3) of this section, the	25535
membership of any school may include a pupil who did not take a	25536
test required by section 3301.0711 of the Revised Code if the	25537
superintendent of public instruction grants a waiver from the	25538
requirement to take the test to the specific pupil and a parent is	25539
not paying tuition for the pupil pursuant to section 3313.6410 of	25540
the Revised Code. The superintendent may grant such a waiver only	25541
for good cause in accordance with rules adopted by the state board	25542
of education.	25543

Except as provided in divisions (B)(2) and (F) of this	25544
section, the average daily membership figure of any local, city,	25545
exempted village, or joint vocational school district shall be	25546
determined by dividing the figure representing the sum of the	25547
number of pupils enrolled during each day the school of attendance	25548
is actually open for instruction during the week for which the	25549
formula ADM is being certified by the total number of days the	25550
school was actually open for instruction during that week. For	25551
purposes of state funding, "enrolled" persons are only those	25552
pupils who are attending school, those who have attended school	25553
during the current school year and are absent for authorized	25554
reasons, and those ~~handicapped~~ children with disabilities	25555
currently receiving home instruction.	25556

The average daily membership figure of any cooperative	25557
education school district shall be determined in accordance with	25558
rules adopted by the state board of education.	25559

(F)(1) If the formula ADM for the first full school week in	25560
February is at least three per cent greater than that certified	25561
for the first full school week in the preceding October, the	25562
superintendent of schools of any city, exempted village, or joint	25563
vocational school district or educational service center shall	25564
certify such increase to the superintendent of public instruction.	25565
Such certification shall be submitted no later than the fifteenth	25566
day of February. For the balance of the fiscal year, beginning	25567
with the February payments, the superintendent of public	25568
instruction shall use the increased formula ADM in calculating or	25569
recalculating the amounts to be allocated in accordance with	25570
section 3317.022 or 3317.16 of the Revised Code. In no event shall	25571
the superintendent use an increased membership certified to the	25572
superintendent after the fifteenth day of February. Division	25573
(F)(1) of this section does not apply after fiscal year 2006.	25574

(2) If on the first school day of April the total number of	25575
classes or units for ~~handicapped~~ preschool children with	25576
disabilities that are eligible for approval under division (B) of	25577
section 3317.05 of the Revised Code exceeds the number of units	25578
that have been approved for the year under that division, the	25579
superintendent of schools of any city, exempted village, or	25580
cooperative education school district or educational service	25581
center shall make the certifications required by this section for	25582
that day. If the department determines additional units can be	25583
approved for the fiscal year within any limitations set forth in	25584
the acts appropriating moneys for the funding of such units, the	25585
department shall approve additional units for the fiscal year on	25586
the basis of such average daily membership. For each unit so	25587
approved, the department shall pay an amount computed in the	25588
manner prescribed in section 3317.052 or 3317.19 and section	25589
3317.053 of the Revised Code.	25590

(3) If a student attending a community school under Chapter	25591
3314. or a science, technology, engineering, and mathematics	25592
school established under Chapter 3326. of the Revised Code is not	25593
included in the formula ADM certified for the school district in	25594
which the student is entitled to attend school under section	25595
3313.64 or 3313.65 of the Revised Code, the department of	25596
education shall adjust the formula ADM of that school district to	25597
include the ~~community school~~ student in accordance with division	25598
(C)(2) of this section, and shall recalculate the school	25599
district's payments under this chapter for the entire fiscal year	25600
on the basis of that adjusted formula ADM. This requirement	25601
applies regardless of whether the student was enrolled, as	25602
defined in division (E) of this section, in the community school	25603
or the science, technology, engineering, and mathematics school	25604
during the week for which the formula ADM is being certified.	25605

(4) If a student awarded an educational choice scholarship is	25606
not included in the formula ADM of the school district from which	25607
the department deducts funds for the scholarship under section	25608
3310.08 of the Revised Code, the department shall adjust the	25609
formula ADM of that school district to include the student to the	25610
extent necessary to account for the deduction, and shall	25611
recalculate the school district's payments under this chapter for	25612
the entire fiscal year on the basis of that adjusted formula ADM.	25613
This requirement applies regardless of whether the student was	25614
enrolled, as defined in division (E) of this section, in the	25615
chartered nonpublic school, the school district, or a community	25616
school during the week for which the formula ADM is being	25617
certified.	25618

(G)(1)(a) The superintendent of an institution operating a	25619
special education program pursuant to section 3323.091 of the	25620
Revised Code shall, for the programs under such superintendent's	25621
supervision, certify to the state board of education, in the	25622
manner prescribed by the superintendent of public instruction,	25623
both of the following:	25624

(i) The average daily membership of all ~~handicapped~~ children	25625
with disabilities other than ~~handicapped~~ preschool children with	25626
disabilities receiving services at the institution for each	25627
category of ~~handicap~~disability described in divisions (A) to (F)	25628
of section 3317.013 of the Revised Code;	25629

(ii) The average daily membership of all ~~handicapped~~	25630
preschool children with disabilities in classes or programs	25631
approved annually by the department of education for unit funding	25632
under section 3317.05 of the Revised Code.	25633

(b) The superintendent of an institution with vocational	25634
education units approved under division (A) of section 3317.05 of	25635
the Revised Code shall, for the units under the superintendent's	25636
supervision, certify to the state board of education the average	25637
daily membership in those units, in the manner prescribed by the	25638
superintendent of public instruction.	25639

(2) The superintendent of each county MR/DD board that	25640
maintains special education classes under section 3317.20 of the	25641
Revised Code or units approved pursuant to section 3317.05 of the	25642
Revised Code shall do both of the following:	25643

(a) Certify to the state board, in the manner prescribed by	25644
the board, the average daily membership in classes under section	25645
3317.20 of the Revised Code for each school district that has	25646
placed children in the classes;	25647

(b) Certify to the state board, in the manner prescribed by	25648
the board, the number of all ~~handicapped~~ preschool children with	25649
disabilities enrolled as of the first day of December in classes	25650
eligible for approval under division (B) of section 3317.05 of the	25651
Revised Code, and the number of those classes.	25652

(3)(a) If on the first school day of April the number of	25653
classes or units maintained for ~~handicapped~~ preschool children	25654
with disabilities by the county MR/DD board that are eligible for	25655
approval under division (B) of section 3317.05 of the Revised Code	25656
is greater than the number of units approved for the year under	25657
that division, the superintendent shall make the certification	25658
required by this section for that day.	25659

(b) If the department determines that additional classes or	25660
units can be approved for the fiscal year within any limitations	25661
set forth in the acts appropriating moneys for the funding of the	25662
classes and units described in division (G)(3)(a) of this section,	25663
the department shall approve and fund additional units for the	25664
fiscal year on the basis of such average daily membership. For	25665
each unit so approved, the department shall pay an amount computed	25666
in the manner prescribed in sections 3317.052 and 3317.053 of the	25667
Revised Code.	25668

(H) Except as provided in division (I) of this section, when	25669
any city, local, or exempted village school district provides	25670
instruction for a nonresident pupil whose attendance is	25671
unauthorized attendance as defined in section 3327.06 of the	25672
Revised Code, that pupil's membership shall not be included in	25673
that district's membership figure used in the calculation of that	25674
district's formula ADM or included in the determination of any	25675
unit approved for the district under section 3317.05 of the	25676
Revised Code. The reporting official shall report separately the	25677
average daily membership of all pupils whose attendance in the	25678
district is unauthorized attendance, and the membership of each	25679
such pupil shall be credited to the school district in which the	25680
pupil is entitled to attend school under division (B) of section	25681
3313.64 or section 3313.65 of the Revised Code as determined by	25682
the department of education.	25683

(I)(1) A city, local, exempted village, or joint vocational	25684
school district admitting a scholarship student of a pilot project	25685
district pursuant to division (C) of section 3313.976 of the	25686
Revised Code may count such student in its average daily	25687
membership.	25688

(2) In any year for which funds are appropriated for pilot	25689
project scholarship programs, a school district implementing a	25690
state-sponsored pilot project scholarship program that year	25691
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	25692
count in average daily membership:	25693

(a) All children residing in the district and utilizing a	25694
scholarship to attend kindergarten in any alternative school, as	25695
defined in section 3313.974 of the Revised Code;	25696

(b) All children who were enrolled in the district in the	25697
preceding year who are utilizing a scholarship to attend any such	25698
alternative school.	25699

(J) The superintendent of each cooperative education school	25700
district shall certify to the superintendent of public	25701
instruction, in a manner prescribed by the state board of	25702
education, the applicable average daily memberships for all	25703
students in the cooperative education district, also indicating	25704
the city, local, or exempted village district where each pupil is	25705
entitled to attend school under section 3313.64 or 3313.65 of the	25706
Revised Code.	25707

(K) If the superintendent of public instruction determines	25708
that a component of the formula ADM certified or reported by a	25709
district superintendent, or other reporting entity, is not	25710
correct, the superintendent of public instruction may order that	25711
the formula ADM used for the purposes of payments under any	25712
section of Title XXXIII of the Revised Code be adjusted in the	25713
amount of the error.	25714

Sec. 3317.031. A membership record shall be kept by grade	25715
level in each city, local, exempted village, joint vocational, and	25716
cooperative education school district and such a record shall be	25717
kept by grade level in each educational service center that	25718
provides academic instruction to pupils, classes for ~~handicapped~~	25719
pupils with disabilities, or any other direct instructional	25720
services to pupils. Such membership record shall show the	25721
following information for each pupil enrolled: Name, date of	25722
birth, name of parent, date entered school, date withdrawn from	25723
school, days present, days absent, and the number of days school	25724
was open for instruction while the pupil was enrolled. At the end	25725
of the school year this membership record shall show the total	25726
days present, the total days absent, and the total days due for	25727
all pupils in each grade. Such membership record shall show the	25728
pupils that are transported to and from school and it shall also	25729
show the pupils that are transported living within one mile of the	25730
school attended. This membership record shall also show any other	25731
information prescribed by the state board of education.	25732

This membership record shall be kept intact for at least five	25733
years and shall be made available to the state board of education	25734
or its representative in making an audit of the average daily	25735
membership or the transportation of the district or educational	25736
service center. The membership records of local school districts	25737
shall be filed at the close of each school year in the office of	25738
the educational service center superintendent.	25739

The state board of education may withhold any money due any	25740
school district or educational service center under sections	25741
3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, or 3317.19 of	25742
the Revised Code until it has satisfactory evidence that the board	25743
of education or educational service center governing board has	25744
fully complied with all of the provisions of this section.	25745

Nothing in this section shall require any person to release,	25746
or to permit access to, public school records in violation of	25747
section 3319.321 of the Revised Code.	25748

Sec. 3317.032. (A) Each city, local, exempted village, and	25749
cooperative education school district, each educational service	25750
center, each county MR/DD board, and each institution operating a	25751
special education program pursuant to section 3323.091 of the	25752
Revised Code shall, in accordance with procedures adopted by the	25753
state board of education, maintain a record of district membership	25754
of both of the following:	25755

(1) All ~~handicapped~~ preschool children with disabilities in	25756
units approved under division (B) of section 3317.05 of the	25757
Revised Code;	25758

(2) All ~~handicapped~~ preschool children with disabilities who	25759
are not in units approved under division (B) of section 3317.05 of	25760
the Revised Code but who are otherwise served by a special	25761
education program.	25762

(B) The superintendent of each district, board, or	25763
institution subject to division (A) of this section shall certify	25764
to the state board of education, in accordance with procedures	25765
adopted by that board, membership figures of all ~~handicapped~~	25766
preschool children with disabilities whose membership is	25767
maintained under division (A)(2) of this section. The figures	25768
certified under this division shall be used in the determination	25769
of the ADM used to compute funds for educational service center	25770
governing boards under section 3317.11 of the Revised Code.	25771

Sec. 3317.04. The amount paid to school districts in each	25772
fiscal year under Chapter 3317. of the Revised Code shall not be	25773
less than the following:	25774

(A) In the case of a district created under section 3311.26	25775
or 3311.37 of the Revised Code, the amount paid shall not be less,	25776
in any of the three succeeding fiscal years following the	25777
creation, than the sum of the amounts allocated under Chapter	25778
3317. of the Revised Code to the districts separately in the year	25779
of the creation.	25780

(B) In the case of a school district which is transferred to	25781
another school district or districts, pursuant to section 3311.22,	25782
3311.231, or 3311.38 of the Revised Code, the amount paid to the	25783
district accepting the transferred territory shall not be less, in	25784
any of the three succeeding fiscal years following the transfer,	25785
than the sum of the amounts allocated under Chapter 3317. of the	25786
Revised Code to the districts separately in the year of the	25787
consummation of the transfer.	25788

~~(C) In the case of any school district, the amount paid under~~	25789
~~Chapter 3317. of the Revised Code to the district in the fiscal~~	25790
~~year of distribution shall not be less than that paid under such~~	25791
~~chapter in the preceding fiscal year, less any amount paid in that~~	25792
~~preceding fiscal year under section 3317.0216 of the Revised Code,~~	25793
~~if in the calendar year ending the thirty-first day of December~~	25794
~~preceding the fiscal year of distribution, the county auditor of~~	25795
~~the county to which the district has been assigned by the~~	25796
~~department of education for administrative purposes has completed~~	25797
~~reassessment of all real estate within the county, or the tax~~	25798
~~duplicate of that county was increased by the application of a~~	25799
~~uniform taxable value per cent of true value pursuant to a rule or~~	25800
~~order of the tax commissioner and the revised valuations were~~	25801
~~entered on the tax list and duplicate. Notwithstanding sections~~	25802
~~3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised~~	25803
~~Code, this minimum guarantee is applicable only during the fiscal~~	25804
~~year immediately following the reassessment or application.~~	25805

~~(D) In the case of any school district that has territory in~~	25806
~~three or more counties, each of which contains at least twenty per~~	25807
~~cent of the district's territory, the amount paid under Chapter~~	25808
~~3317. of the Revised Code to the district in the fiscal year of~~	25809
~~distribution shall not be less than that paid under such chapter~~	25810
~~in the preceding fiscal year, less any amount paid in that~~	25811
~~preceding fiscal year under section 3317.0216 of the Revised Code,~~	25812
~~if in the calendar year ending the thirty-first day of December~~	25813
~~preceding the fiscal year of distribution, the county auditor of~~	25814
~~any such county completed reassessment of all real estate within~~	25815
~~the county, or the tax duplicate of any such county was increased~~	25816
~~by the application of a uniform taxable value per cent of true~~	25817
~~value pursuant to a rule or order of the tax commissioner and the~~	25818
~~revised valuations were entered on the tax list and duplicate.~~	25819
~~Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37, and~~	25820
~~3311.38 of the Revised Code, this minimum guarantee is applicable~~	25821
~~only during the fiscal year immediately following the reassessment~~	25822
~~or application.~~	25823

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	25824
and 3311.38 of the Revised Code, the minimum guarantees prescribed	25825
by divisions (A) and (B) of this section shall not affect the	25826
amount of aid received by a school district for more than three	25827
consecutive years.	25828

Sec. 3317.05. (A) For the purpose of calculating payments	25829
under sections 3317.052 and 3317.053 of the Revised Code, the	25830
department of education shall determine for each institution, by	25831
the last day of January of each year and based on information	25832
certified under section 3317.03 of the Revised Code, the number of	25833
vocational education units or fractions of units approved by the	25834
department on the basis of standards and rules adopted by the	25835
state board of education. As used in this division, "institution"	25836
means an institution operated by a department specified in section	25837
3323.091 of the Revised Code and that provides vocational	25838
education programs under the supervision of the division of	25839
vocational education of the department that meet the standards	25840
and rules for these programs, including licensure of professional	25841
staff involved in the programs, as established by the state	25842
board.	25843

(B) For the purpose of calculating payments under sections	25844
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	25845
department shall determine, based on information certified under	25846
section 3317.03 of the Revised Code, the following by the last day	25847
of January of each year for each educational service center, for	25848
each school district, including each cooperative education school	25849
district, for each institution eligible for payment under section	25850
3323.091 of the Revised Code, and for each county MR/DD board: the	25851
number of classes operated by the school district, service center,	25852
institution, or county MR/DD board for ~~handicapped~~ preschool	25853
children with disabilities, or fraction thereof, including in the	25854
case of a district or service center that is a funding agent,	25855
classes taught by a licensed teacher employed by that district or	25856
service center under section 3313.841 of the Revised Code,	25857
approved annually by the department on the basis of standards and	25858
rules adopted by the state board.	25859

(C) For the purpose of calculating payments under sections	25860
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	25861
department shall determine, based on information certified under	25862
section 3317.03 of the Revised Code, the following by the last day	25863
of January of each year for each school district, including each	25864
cooperative education school district, for each institution	25865
eligible for payment under section 3323.091 of the Revised Code,	25866
and for each county MR/DD board: the number of ~~preschool~~	25867
~~handicapped~~ units for related services, as defined in section	25868
3323.01 of the Revised Code, for preschool children with	25869
disabilities approved annually by the department on the basis of	25870
standards and rules adopted by the state board.	25871

(D) All of the arithmetical calculations made under this	25872
section shall be carried to the second decimal place. The total	25873
number of units for school districts, service centers, and	25874
institutions approved annually under this section shall not exceed	25875
the number of units included in the estimate of cost for these	25876
units and appropriations made for them by the general assembly.	25877

In the case of ~~handicapped preschool~~ units for preschool	25878
children with disabilities described in division (B) of this	25879
section, the department shall approve only preschool units for	25880
children who are under age six on the thirtieth day of September	25881
of the academic year, or on the first day of August of the	25882
academic year if the school district in which the child is	25883
enrolled has adopted a resolution under division (A)(3) of section	25884
3321.01 of the Revised Code, but not less than age three on the	25885
first day of December of the academic year, except that such a	25886
unit may include one or more children who are under age three or	25887
are age six or over on the applicable date, as reported under	25888
division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised	25889
Code, if such children have been admitted to the unit pursuant to	25890
rules of the state board. The number of units for county MR/DD	25891
boards and institutions eligible for payment under section	25892
3323.091 of the Revised Code approved under this section shall not	25893
exceed the number that can be funded with appropriations made for	25894
such purposes by the general assembly.	25895

No unit shall be approved under divisions (B) and (C) of this	25896
section unless a plan has been submitted and approved under	25897
Chapter 3323. of the Revised Code.	25898

(E) The department shall approve units or fractions thereof	25899
for gifted children on the basis of standards and rules adopted by	25900
the state board.	25901

Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and	25902
3317.11 of the Revised Code, a unit funded pursuant to division	25903
(L) of section 3317.024 or division (A)(2) of section 3317.052 of	25904
the Revised Code shall not be approved for state funding in one	25905
school district, including any cooperative education school	25906
district or any educational service center, to the extent that	25907
such unit provides programs in or services to another district	25908
which receives payment pursuant to section 3317.04 of the Revised	25909
Code.	25910

(2) Any city, local, exempted village, or cooperative	25911
education school district or any educational service center may	25912
combine partial unit eligibility for ~~handicapped preschool~~	25913
programs for preschool children with disabilities pursuant to	25914
section 3317.05 of the Revised Code, and such combined partial	25915
units may be approved for state funding in one school district or	25916
service center.	25917

(B) After units have been initially approved for any fiscal	25918
year under section 3317.05 of the Revised Code, no unit shall be	25919
subsequently transferred from a school district or educational	25920
service center to another city, exempted village, local, or	25921
cooperative education school district or educational service	25922
center or to an institution or county MR/DD board solely for the	25923
purpose of reducing the financial obligations of the school	25924
district in a fiscal year it receives payment pursuant to section	25925
3317.04 of the Revised Code.	25926

Sec. 3317.052. As used in this section, "institution" means	25927
an institution operated by a department specified in division (A)	25928
of section 3323.091 of the Revised Code.	25929

(A)(1) The department of education shall pay each school	25930
district, educational service center, institution eligible for	25931
payment under section 3323.091 of the Revised Code, or county	25932
MR/DD board an amount for the total of all classroom units for	25933
~~handicapped~~ preschool children with disabilities approved under	25934
division (B) of section 3317.05 of the Revised Code. For each	25935
unit, the amount shall be the sum of the minimum salary for the	25936
teacher of the unit, calculated on the basis of the teacher's	25937
training level and years of experience pursuant to the salary	25938
schedule prescribed in the version of section 3317.13 of the	25939
Revised Code in effect prior to July 1, 2001, plus fifteen per	25940
cent of that minimum salary amount, and eight thousand	25941
twenty-three dollars.	25942

(2) The department shall pay each school district,	25943
educational service center, institution eligible for payment under	25944
section 3323.091 of the Revised Code, or county MR/DD board an	25945
amount for the total of all related services units for ~~handicapped~~	25946
preschool children with disabilities approved under division (C)	25947
of section 3317.05 of the Revised Code. For each such unit, the	25948
amount shall be the sum of the minimum salary for the teacher of	25949
the unit calculated on the basis of the teacher's training level	25950
and years of experience pursuant to the salary schedule prescribed	25951
in the version of section 3317.13 of the Revised Code in effect	25952
prior to July 1, 2001, fifteen per cent of that minimum salary	25953
amount, and two thousand one hundred thirty-two dollars.	25954

(B) If a school district, educational service center, or	25955
county MR/DD board has had additional ~~handicapped preschool~~ units	25956
for preschool children with disabilities approved for the year	25957
under division (F)(2) or (G)(3) of section 3317.03 of the Revised	25958
Code, the district, educational service center, or board shall	25959
receive an additional amount during the last half of the fiscal	25960
year. For each district, center, or board, the additional amount	25961
for each unit shall equal fifty per cent of the amounts computed	25962
for the unit in the manner prescribed by division (A) of this	25963
section and division (C) of section 3317.053 of the Revised Code.	25964

(C) The department shall pay each institution approved for	25965
vocational education units under division (A) of section 3317.05	25966
of the Revised Code an amount for the total of all the units	25967
approved under that division. The amount for each unit shall be	25968
the sum of the minimum salary for the teacher of the unit,	25969
calculated on the basis of the teacher's training level and years	25970
of experience pursuant to the salary schedule prescribed in the	25971
version of section 3317.13 of the Revised Code in effect prior to	25972
July 1, 2001, plus fifteen per cent of that minimum salary amount,	25973
and nine thousand five hundred ten dollars. Each institution that	25974
receives units funds under this division annually shall report to	25975
the department on the delivery of services and the performance of	25976
students and any other information required by the department to	25977
evaluate the institution's vocational education program.	25978

Sec. 3317.06. Moneys paid to school districts under division	25979
(I) of section 3317.024 of the Revised Code shall be used for the	25980
following independent and fully severable purposes:	25981

(A) To purchase such secular textbooks or electronic	25982
textbooks as have been approved by the superintendent of public	25983
instruction for use in public schools in the state and to loan	25984
such textbooks or electronic textbooks to pupils attending	25985
nonpublic schools within the district or to their parents and to	25986
hire clerical personnel to administer such lending program. Such	25987
loans shall be based upon individual requests submitted by such	25988
nonpublic school pupils or parents. Such requests shall be	25989
submitted to the school district in which the nonpublic school is	25990
located. Such individual requests for the loan of textbooks or	25991
electronic textbooks shall, for administrative convenience, be	25992
submitted by the nonpublic school pupil or the pupil's parent to	25993
the nonpublic school, which shall prepare and submit collective	25994
summaries of the individual requests to the school district. As	25995
used in this section:	25996

(1) "Textbook" means any book or book substitute that a pupil	25997
uses as a consumable or nonconsumable text, text substitute, or	25998
text supplement in a particular class or program in the school the	25999
pupil regularly attends.	26000

(2) "Electronic textbook" means computer software,	26001
interactive videodisc, magnetic media, CD-ROM, computer	26002
courseware, local and remote computer assisted instruction,	26003
on-line service, electronic medium, or other means of conveying	26004
information to the student or otherwise contributing to the	26005
learning process through electronic means.	26006

(B) To provide speech and hearing diagnostic services to	26007
pupils attending nonpublic schools within the district. Such	26008
service shall be provided in the nonpublic school attended by the	26009
pupil receiving the service.	26010

(C) To provide physician, nursing, dental, and optometric	26011
services to pupils attending nonpublic schools within the	26012
district. Such services shall be provided in the school attended	26013
by the nonpublic school pupil receiving the service.	26014

(D) To provide diagnostic psychological services to pupils	26015
attending nonpublic schools within the district. Such services	26016
shall be provided in the school attended by the pupil receiving	26017
the service.	26018

(E) To provide therapeutic psychological and speech and	26019
hearing services to pupils attending nonpublic schools within the	26020
district. Such services shall be provided in the public school, in	26021
nonpublic schools, in public centers, or in mobile units located	26022
on or off of the nonpublic premises. If such services are provided	26023
in the public school or in public centers, transportation to and	26024
from such facilities shall be provided by the school district in	26025
which the nonpublic school is located.	26026

(F) To provide guidance ~~and~~, counseling, and social work	26027
services to pupils attending nonpublic schools within the	26028
district. Such services shall be provided in the public school, in	26029
nonpublic schools, in public centers, or in mobile units located	26030
on or off of the nonpublic premises. If such services are provided	26031
in the public school or in public centers, transportation to and	26032
from such facilities shall be provided by the school district in	26033
which the nonpublic school is located.	26034

(G) To provide remedial services to pupils attending	26035
nonpublic schools within the district. Such services shall be	26036
provided in the public school, in nonpublic schools, in public	26037
centers, or in mobile units located on or off of the nonpublic	26038
premises. If such services are provided in the public school or in	26039
public centers, transportation to and from such facilities shall	26040
be provided by the school district in which the nonpublic school	26041
is located.	26042

(H) To supply for use by pupils attending nonpublic schools	26043
within the district such standardized tests and scoring services	26044
as are in use in the public schools of the state;	26045

(I) To provide programs for children who attend nonpublic	26046
schools within the district and are ~~handicapped~~ children with	26047
disabilities as defined in ~~division (A) of~~ section 3323.01 of the	26048
Revised Code or gifted children. Such programs shall be provided	26049
in the public school, in nonpublic schools, in public centers, or	26050
in mobile units located on or off of the nonpublic premises. If	26051
such programs are provided in the public school or in public	26052
centers, transportation to and from such facilities shall be	26053
provided by the school district in which the nonpublic school is	26054
located.	26055

(J) To hire clerical personnel to assist in the	26056
administration of programs pursuant to divisions (B), (C), (D),	26057
(E), (F), (G), and (I) of this section and to hire supervisory	26058
personnel to supervise the providing of services and textbooks	26059
pursuant to this section.	26060

(K) To purchase or lease any secular, neutral, and	26061
nonideological computer software (including site-licensing),	26062
prerecorded video laserdiscs, digital video on demand (DVD),	26063
compact discs, and video cassette cartridges, wide area	26064
connectivity and related technology as it relates to internet	26065
access, mathematics or science equipment and materials,	26066
instructional materials, and school library materials that are in	26067
general use in the public schools of the state and loan such items	26068
to pupils attending nonpublic schools within the district or to	26069
their parents, and to hire clerical personnel to administer the	26070
lending program. Only such items that are incapable of diversion	26071
to religious use and that are susceptible of loan to individual	26072
pupils and are furnished for the use of individual pupils shall be	26073
purchased and loaned under this division. As used in this section,	26074
"instructional materials" means prepared learning materials that	26075
are secular, neutral, and nonideological in character and are of	26076
benefit to the instruction of school children, and may include	26077
educational resources and services developed by the eTech Ohio	26078
commission.	26079

(L) To purchase or lease instructional equipment, including	26080
computer hardware and related equipment in general use in the	26081
public schools of the state, for use by pupils attending nonpublic	26082
schools within the district and to loan such items to pupils	26083
attending nonpublic schools within the district or to their	26084
parents, and to hire clerical personnel to administer the lending	26085
program.	26086

(M) To purchase mobile units to be used for the provision of	26087
services pursuant to divisions (E), (F), (G), and (I) of this	26088
section and to pay for necessary repairs and operating costs	26089
associated with these units.	26090

(N) To reimburse costs the district incurred to store the	26091
records of a chartered nonpublic school that closes.	26092
Reimbursements under this division shall be made one time only for	26093
each chartered nonpublic school that closes.	26094

Clerical and supervisory personnel hired pursuant to division	26095
(J) of this section shall perform their services in the public	26096
schools, in nonpublic schools, public centers, or mobile units	26097
where the services are provided to the nonpublic school pupil,	26098
except that such personnel may accompany pupils to and from the	26099
service sites when necessary to ensure the safety of the children	26100
receiving the services.	26101

All services provided pursuant to this section may be	26102
provided under contract with educational service centers, the	26103
department of health, city or general health districts, or private	26104
agencies whose personnel are properly licensed by an appropriate	26105
state board or agency.	26106

Transportation of pupils provided pursuant to divisions (E),	26107
(F), (G), and (I) of this section shall be provided by the school	26108
district from its general funds and not from moneys paid to it	26109
under division (I) of section 3317.024 of the Revised Code unless	26110
a special transportation request is submitted by the parent of the	26111
child receiving service pursuant to such divisions. If such an	26112
application is presented to the school district, it may pay for	26113
the transportation from moneys paid to it under division (I) of	26114
section 3317.024 of the Revised Code.	26115

No school district shall provide health or remedial services	26116
to nonpublic school pupils as authorized by this section unless	26117
such services are available to pupils attending the public schools	26118
within the district.	26119

Materials, equipment, computer hardware or software,	26120
textbooks, electronic textbooks, and health and remedial services	26121
provided for the benefit of nonpublic school pupils pursuant to	26122
this section and the admission of pupils to such nonpublic schools	26123
shall be provided without distinction as to race, creed, color, or	26124
national origin of such pupils or of their teachers.	26125

No school district shall provide services, materials, or	26126
equipment that contain religious content for use in religious	26127
courses, devotional exercises, religious training, or any other	26128
religious activity.	26129

As used in this section, "parent" includes a person standing	26130
in loco parentis to a child.	26131

Notwithstanding section 3317.01 of the Revised Code, payments	26132
shall be made under this section to any city, local, or exempted	26133
village school district within which is located one or more	26134
nonpublic elementary or high schools and any payments made to	26135
school districts under division (I) of section 3317.024 of the	26136
Revised Code for purposes of this section may be disbursed without	26137
submission to and approval of the controlling board.	26138

The allocation of payments for materials, equipment,	26139
textbooks, electronic textbooks, health services, and remedial	26140
services to city, local, and exempted village school districts	26141
shall be on the basis of the state board of education's estimated	26142
annual average daily membership in nonpublic elementary and high	26143
schools located in the district.	26144

Payments made to city, local, and exempted village school	26145
districts under this section shall be equal to specific	26146
appropriations made for the purpose. All interest earned by a	26147
school district on such payments shall be used by the district for	26148
the same purposes and in the same manner as the payments may be	26149
used.	26150

The department of education shall adopt guidelines and	26151
procedures under which such programs and services shall be	26152
provided, under which districts shall be reimbursed for	26153
administrative costs incurred in providing such programs and	26154
services, and under which any unexpended balance of the amounts	26155
appropriated by the general assembly to implement this section may	26156
be transferred to the auxiliary services personnel unemployment	26157
compensation fund established pursuant to section 4141.47 of the	26158
Revised Code. The department shall also adopt guidelines and	26159
procedures limiting the purchase and loan of the items described	26160
in division (K) of this section to items that are in general use	26161
in the public schools of the state, that are incapable of	26162
diversion to religious use, and that are susceptible to individual	26163
use rather than classroom use. Within thirty days after the end of	26164
each biennium, each board of education shall remit to the	26165
department all moneys paid to it under division (I) of section	26166
3317.024 of the Revised Code and any interest earned on those	26167
moneys that are not required to pay expenses incurred under this	26168
section during the biennium for which the money was appropriated	26169
and during which the interest was earned. If a board of education	26170
subsequently determines that the remittal of moneys leaves the	26171
board with insufficient money to pay all valid expenses incurred	26172
under this section during the biennium for which the remitted	26173
money was appropriated, the board may apply to the department of	26174
education for a refund of money, not to exceed the amount of the	26175
insufficiency. If the department determines the expenses were	26176
lawfully incurred and would have been lawful expenditures of the	26177
refunded money, it shall certify its determination and the amount	26178
of the refund to be made to the director of job and family	26179
services who shall make a refund as provided in section 4141.47 of	26180
the Revised Code.	26181

Each school district shall label materials, equipment,	26182
computer hardware or software, textbooks, and electronic textbooks	26183
purchased or leased for loan to a nonpublic school under this	26184
section, acknowledging that they were purchased or leased with	26185
state funds under this section. However, a district need not label	26186
materials, equipment, computer hardware or software, textbooks, or	26187
electronic textbooks that the district determines are consumable	26188
in nature or have a value of less than two hundred dollars.	26189

Sec. 3317.063. The superintendent of public instruction, in	26190
accordance with rules adopted by the department of education,	26191
shall annually reimburse each chartered nonpublic school for the	26192
actual mandated service administrative and clerical costs incurred	26193
by such school during the preceding school year in preparing,	26194
maintaining, and filing reports, forms, and records, and in	26195
providing such other administrative and clerical services that are	26196
not an integral part of the teaching process as may be required by	26197
state law or rule or by requirements duly promulgated by city,	26198
exempted village, or local school districts. The mandated service	26199
costs reimbursed pursuant to this section shall include, but are	26200
not limited to, the preparation, filing and maintenance of forms,	26201
reports, or records and other clerical and administrative services	26202
relating to state chartering or approval of the nonpublic school,	26203
pupil attendance, pupil health and health testing, transportation	26204
of pupils, federally funded education programs, pupil appraisal,	26205
pupil progress, educator licensure, unemployment and workers'	26206
compensation, transfer of pupils, and such other education related	26207
data which are now or hereafter shall be required of such	26208
nonpublic school by state law or rule, or by requirements of the	26209
state department of education, other state agencies, or city,	26210
exempted village, or local school districts.	26211

The reimbursement required by this section shall be for	26212
school years beginning on or after July 1, 1981.	26213

Each nonpublic school which seeks reimbursement pursuant to	26214
this section shall submit to the superintendent of public	26215
instruction an application together with such additional reports	26216
and documents as the department of education may require. Such	26217
application, reports, and documents shall contain such information	26218
as the department of education may prescribe in order to carry out	26219
the purposes of this section. No payment shall be made until the	26220
superintendent of public instruction has approved such	26221
application.	26222

Each nonpublic school which applies for reimbursement	26223
pursuant to this section shall maintain a separate account or	26224
system of accounts for the expenses incurred in rendering the	26225
required services for which reimbursement is sought. Such accounts	26226
shall contain such information as is required by the department of	26227
education and shall be maintained in accordance with rules adopted	26228
by the department of education.	26229

Reimbursement payments to a nonpublic school pursuant to this	26230
section shall not exceed an amount for each school year equal to	26231
~~two~~three hundred ~~seventy-five~~ dollars per pupil enrolled in that	26232
nonpublic school.	26233

The superintendent of public instruction may, from time to	26234
time, examine any and all accounts and records of a nonpublic	26235
school which have been maintained pursuant to this section in	26236
support of an application for reimbursement, for the purpose of	26237
determining the costs to such school of rendering the services for	26238
which reimbursement is sought. If after such audit it is	26239
determined that any school has received funds in excess of the	26240
actual cost of providing such services, said school shall	26241
immediately reimburse the state in such excess amount.	26242

Any payments made to chartered nonpublic schools under this	26243
section may be disbursed without submission to and approval of the	26244
controlling board.	26245

Sec. 3317.07. The state board of education shall establish	26246
rules for the purpose of distributing subsidies for the purchase	26247
of school buses under division (D) of section 3317.024 of the	26248
Revised Code.	26249

No school bus subsidy payments shall be paid to any district	26250
unless such district can demonstrate that pupils residing more	26251
than one mile from the school could not be transported without	26252
such additional aid.	26253

The amount paid to a county MR/DD board for buses purchased	26254
for transportation of children in special education programs	26255
operated by the board shall be based on a per pupil allocation for	26256
eligible students.	26257

The amount paid to a school district for buses purchased for	26258
transportation of ~~handicapped~~pupils with disabilities and	26259
nonpublic school pupils shall be determined by a per pupil	26260
allocation based on the number of special education and nonpublic	26261
school pupils for whom transportation is provided.	26262

The state board of education shall adopt a formula to	26263
determine the amount of payments that shall be distributed to	26264
school districts to purchase school buses for pupils other than	26265
~~handicapped~~pupils with disabilities or nonpublic school pupils.	26266

If any district or MR/DD board obtains bus services for pupil	26267
transportation pursuant to a contract, such district or board may	26268
use payments received under this section to defray the costs of	26269
contracting for bus services in lieu of for purchasing buses.	26270

If the department of education determines that a county MR/DD	26271
board no longer needs a school bus because the board no longer	26272
transports children to a special education program operated by the	26273
board, or if the department determines that a school district no	26274
longer needs a school bus to transport pupils to a nonpublic	26275
school or special education program, the department may reassign a	26276
bus that was funded with payments provided pursuant to this	26277
section for the purpose of transporting such pupils. The	26278
department may reassign a bus to a county MR/DD board or school	26279
district that transports children to a special education program	26280
designated in the children's individualized education plans, or to	26281
a school district that transports pupils to a nonpublic school,	26282
and needs an additional school bus.	26283

Sec. 3317.08. A board of education may admit to its schools	26284
a child it is not required by section 3313.64 or 3313.65 of the	26285
Revised Code to admit, if tuition is paid for the child.	26286

Unless otherwise provided by law, tuition shall be computed	26287
in accordance with this section. A district's tuition charge for a	26288
school year shall be one of the following:	26289

(A) For any child, except a ~~handicapped~~ preschool child with	26290
a disability described in division (B) of this section, the	26291
quotient obtained by dividing the sum of the amounts described in	26292
divisions (A)(1) and (2) of this section by the district's formula	26293
ADM.	26294

(1) The district's total taxes charged and payable for	26295
current expenses for the tax year preceding the tax year in which	26296
the school year begins as certified under division (A)(3) of	26297
section 3317.021 of the Revised Code.	26298

(2) The district's total taxes collected for current expenses	26299
under a school district income tax adopted pursuant to section	26300
5748.03 or 5748.08 of the Revised Code that are disbursed to the	26301
district during the fiscal year. On or before the first day of	26302
June of each year, the tax commissioner shall certify the amount	26303
to be used in the calculation under this division for the next	26304
fiscal year to the department of education and the office of	26305
budget and management for each city, local, and exempted village	26306
school district that levies a school district income tax.	26307

(B) For any ~~handicapped~~ preschool child with a disability not	26308
included in a unit approved under division (B) of section 3317.05	26309
of the Revised Code, an amount computed for the school year as	26310
follows:	26311

(1) For each type of special education service provided to	26312
the child for whom tuition is being calculated, determine the	26313
amount of the district's operating expenses in providing that type	26314
of service to all ~~handicapped~~ preschool children with disabilities	26315
not included in units approved under division (B) of section	26316
3317.05 of the Revised Code;	26317

(2) For each type of special education service for which	26318
operating expenses are determined under division (B)(1) of this	26319
section, determine the amount of such operating expenses that was	26320
paid from any state funds received under this chapter;	26321

(3) For each type of special education service for which	26322
operating expenses are determined under division (B)(1) of this	26323
section, divide the difference between the amount determined under	26324
division (B)(1) of this section and the amount determined under	26325
division (B)(2) of this section by the total number of ~~handicapped~~	26326
preschool children with disabilities not included in units	26327
approved under division (B) of section 3317.05 of the Revised Code	26328
who received that type of service;	26329

(4) Determine the sum of the quotients obtained under	26330
division (B)(3) of this section for all types of special education	26331
services provided to the child for whom tuition is being	26332
calculated.	26333

The state board of education shall adopt rules defining the	26334
types of special education services and specifying the operating	26335
expenses to be used in the computation under this section.	26336

If any child for whom a tuition charge is computed under this	26337
section for any school year is enrolled in a district for only	26338
part of that school year, the amount of the district's tuition	26339
charge for the child for the school year shall be computed in	26340
proportion to the number of school days the child is enrolled in	26341
the district during the school year.	26342

Except as otherwise provided in division (J) of section	26343
3313.64 of the Revised Code, whenever a district admits a child to	26344
its schools for whom tuition computed in accordance with this	26345
section is an obligation of another school district, the amount of	26346
the tuition shall be certified by the treasurer of the board of	26347
education of the district of attendance, to the board of education	26348
of the district required to pay tuition for its approval and	26349
payment. If agreement as to the amount payable or the district	26350
required to pay the tuition cannot be reached, or the board of	26351
education of the district required to pay the tuition refuses to	26352
pay that amount, the board of education of the district of	26353
attendance shall notify the superintendent of public instruction.	26354
The superintendent shall determine the correct amount and the	26355
district required to pay the tuition and shall deduct that amount,	26356
if any, under division (G) of section 3317.023 of the Revised	26357
Code, from the district required to pay the tuition and add that	26358
amount to the amount allocated to the district attended under such	26359
division. The superintendent of public instruction shall send to	26360
the district required to pay the tuition an itemized statement	26361
showing such deductions at the time of such deduction.	26362

When a political subdivision owns and operates an airport,	26363
welfare, or correctional institution or other project or facility	26364
outside its corporate limits, the territory within which the	26365
facility is located is exempt from taxation by the school district	26366
within which such territory is located, and there are school age	26367
children residing within such territory, the political subdivision	26368
owning such tax exempt territory shall pay tuition to the district	26369
in which such children attend school. The tuition for these	26370
children shall be computed as provided for in this section.	26371

Sec. 3317.15. (A) As used in this section, "~~handicapped~~	26372
child with a disability" has the same meaning as in section	26373
3323.01 of the Revised Code.	26374

(B) Each city, exempted village, local, and joint vocational	26375
school district shall continue to comply with all requirements of	26376
federal statutes and regulations, the Revised Code, and rules	26377
adopted by the state board of education governing education of	26378
~~handicapped~~ children with disabilities, including, but not limited	26379
to, requirements that ~~handicapped~~ children with disabilities be	26380
served by appropriately licensed or certificated education	26381
personnel.	26382

(C) Each city, exempted village, local, and joint vocational	26383
school district shall consult with the educational service center	26384
serving the county in which the school district is located and, if	26385
it elects to participate pursuant to section 5126.04 of the	26386
Revised Code, the county MR/DD board of that county, in providing	26387
services that serve the best interests of ~~handicapped~~ children	26388
with disabilities.	26389

(D) Each school district shall annually provide documentation	26390
to the department of education that it employs the appropriate	26391
number of licensed or certificated personnel to serve the	26392
district's ~~handicapped~~ students with disabilities.	26393

(E) The department annually shall audit a sample of school	26394
districts to ensure that ~~handicapped~~ children with disabilities	26395
are being appropriately reported.	26396

(F) Each school district shall provide speech-language	26397
pathology services at a ratio of one speech-language pathologist	26398
per two thousand students receiving any educational services from	26399
the district other than adult education. Each district shall	26400
provide school psychological services at a ratio of one school	26401
psychologist per two thousand five hundred students receiving any	26402
educational services from the district other than adult education.	26403
A district may obtain the services of speech-language pathologists	26404
and school psychologists by any means permitted by law, including	26405
contracting with an educational service center. If, however, a	26406
district is unable to obtain the services of the required number	26407
of speech-language pathologists or school psychologists, the	26408
district may request from the superintendent of public	26409
instruction, and the superintendent may grant, a waiver of this	26410
provision for a period of time established by the superintendent.	26411

Sec. 3317.16. (A) As used in this section:

26412

(1) "State share percentage" means the percentage calculated	26413
for a joint vocational school district as follows:	26414

(a) Calculate the state base cost funding amount for the	26415
district under division (B) of this section. If the district would	26416
not receive any base cost funding for that year under that	26417
division, the district's state share percentage is zero.	26418

(b) If the district would receive base cost funding under	26419
that division, divide that base cost amount by an amount equal to	26420
the following:	26421

~~cost-of-doing-business factor X~~	26422

the formula amount X	26423

formula ADM	26424

The resultant number is the district's state share	26425
percentage.	26426

(2) The "total special education weight" for a joint	26427
vocational school district shall be calculated in the same manner	26428
as prescribed in division (B)(1) of section 3317.022 of the	26429
Revised Code.	26430

(3) The "total vocational education weight" for a joint	26431
vocational school district shall be calculated in the same manner	26432
as prescribed in division (B)(4) of section 3317.022 of the	26433
Revised Code.	26434

(4) The "total recognized valuation" of a joint vocational	26435
school district shall be determined by adding the recognized	26436
valuations of all its constituent school districts for the	26437
applicable fiscal year.	26438

(5) "Resident district" means the city, local, or exempted	26439
village school district in which a student is entitled to attend	26440
school under section 3313.64 or 3313.65 of the Revised Code.	26441

(6) "Community school" means a community school established	26442
under Chapter 3314. of the Revised Code.	26443

(B) The department of education shall compute and distribute	26444
state base cost funding to each joint vocational school district	26445
for the fiscal year in accordance with ~~division (B) of this~~	26446
~~section.~~	26447

~~(1) Compute~~ the following ~~for each eligible district~~formula:

26448

(~~cost-of-doing-business factor X~~	26449

formula amount X	26450

formula ADM) -	26451

(.0005 X total recognized valuation)	26452

If the difference obtained under this division is a negative	26453
number, the district's computation shall be zero.	26454

~~(2) Compute both of the following for each district:~~

26455

~~(a) The difference of (i) the district's fiscal year 2005~~	26456
~~base cost payment under the version of division (B) of this~~	26457
~~section in effect in fiscal year 2005, minus (ii) the amount~~	26458
~~computed for the district for the current fiscal year under~~	26459
~~current division (B)(1) of this section;~~	26460

~~(b) The following amount:~~

26461

~~[(fiscal year 2005 base cost payment/fiscal year 2005 formula~~	26462

~~ADM) X current year formula ADM] minus the amount computed for~~	26463

~~the district under current division (B)(1) of this section~~	26464

~~If one of the amounts computed under division (B)(2)(a) or~~	26465
~~(b) of this section is a positive amount, the department shall pay~~	26466
~~the district that amount in addition to the amount calculated~~	26467
~~under division (B)(1) of this section. If both amounts are~~	26468
~~positive amounts, the department shall pay the district the lesser~~	26469
~~of the two amounts in addition to the amount calculated under~~	26470
~~division (B)(1) of this section.~~	26471

(C)(1) The department shall compute and distribute state	26472
vocational education additional weighted costs funds to each joint	26473
vocational school district in accordance with the following	26474
formula:	26475

state share percentage X formula amount X	26476

total vocational education weight	26477

In each fiscal year, a joint vocational school district	26478
receiving funds under division (C)(1) of this section shall spend	26479
those funds only for the purposes the department designates as	26480
approved for vocational education expenses. Vocational educational	26481
expenses approved by the department shall include only expenses	26482
connected to the delivery of career-technical programming to	26483
career-technical students. The department shall require the joint	26484
vocational school district to report data annually so that the	26485
department may monitor the district's compliance with the	26486
requirements regarding the manner in which funding received under	26487
division (C)(1) of this section may be spent.	26488

(2) The department shall compute for each joint vocational	26489
school district state funds for vocational education associated	26490
services costs in accordance with the following formula:	26491

state share percentage X .05 X	26492

the formula amount X the sum of	26493

categories one and two vocational	26494

education ADM	26495

In any fiscal year, a joint vocational school district	26496
receiving funds under division (C)(2) of this section, or through	26497
a transfer of funds pursuant to division (L) of section 3317.023	26498
of the Revised Code, shall spend those funds only for the purposes	26499
that the department designates as approved for vocational	26500
education associated services expenses, which may include such	26501
purposes as apprenticeship coordinators, coordinators for other	26502
vocational education services, vocational evaluation, and other	26503
purposes designated by the department. The department may deny	26504
payment under division (C)(2) of this section to any district that	26505
the department determines is not operating those services or is	26506
using funds paid under division (C)(2) of this section, or through	26507
a transfer of funds pursuant to division (L) of section 3317.023	26508
of the Revised Code, for other purposes.	26509

(D)(1) The department shall compute and distribute state	26510
special education and related services additional weighted costs	26511
funds to each joint vocational school district in accordance with	26512
the following formula:	26513

state share percentage X formula amount X	26514

total special education weight	26515

(2)(a) As used in this division, the "personnel allowance"	26516
means thirty thousand dollars in fiscal years ~~2002, 2003, 2004,~~	26517
~~2005, 2006, and 2007~~2008 and 2009.	26518

(b) For the provision of speech language pathology services	26519
to students, including students who do not have individualized	26520
education programs prepared for them under Chapter 3323. of the	26521
Revised Code, and for no other purpose, the department shall pay	26522
each joint vocational school district an amount calculated under	26523
the following formula:	26524

(formula ADM divided by 2000) X the personnel	26525

allowance X state share percentage	26526

(3) In any fiscal year, a joint vocational school district	26527
shall spend for purposes that the department designates as	26528
approved for special education and related services expenses at	26529
least the amount calculated as follows:	26530

(~~cost-of-doing-business factor X~~ formula amount	26531

X the sum of categories one through	26532

six special education ADM) +	26533

(total special education weight X	26534

formula amount)	26535

The purposes approved by the department for special education	26536
expenses shall include, but shall not be limited to, compliance	26537
with state rules governing the education of ~~handicapped~~ children	26538
with disabilities, providing services identified in a student's	26539
individualized education program as defined in section 3323.01 of	26540
the Revised Code, provision of speech language pathology services,	26541
and the portion of the district's overall administrative and	26542
overhead costs that are attributable to the district's special	26543
education student population.	26544

The department shall require joint vocational school	26545
districts to report data annually to allow for monitoring	26546
compliance with division (D)(3) of this section. The department	26547
shall annually report to the governor and the general assembly the	26548
amount of money spent by each joint vocational school district for	26549
special education and related services.	26550

(4) In any fiscal year, a joint vocational school district	26551
shall spend for the provision of speech language pathology	26552
services not less than the sum of the amount calculated under	26553
division (D)(1) of this section for the students in the district's	26554
category one special education ADM and the amount calculated under	26555
division (D)(2) of this section.	26556

(E)(1) If a joint vocational school district's costs for a	26557
fiscal year for a student in its categories two through six	26558
special education ADM exceed the threshold catastrophic cost for	26559
serving the student, as specified in division (C)(3)(b) of section	26560
3317.022 of the Revised Code, the district may submit to the	26561
superintendent of public instruction documentation, as prescribed	26562
by the superintendent, of all of its costs for that student. Upon	26563
submission of documentation for a student of the type and in the	26564
manner prescribed, the department shall pay to the district an	26565
amount equal to the sum of the following:	26566

(a) One-half of the district's costs for the student in	26567
excess of the threshold catastrophic cost;	26568

(b) The product of one-half of the district's costs for the	26569
student in excess of the threshold catastrophic cost multiplied by	26570
the district's state share percentage.	26571

(2) The district shall only report under division (E)(1) of	26572
this section, and the department shall only pay for, the costs of	26573
educational expenses and the related services provided to the	26574
student in accordance with the student's individualized education	26575
program. Any legal fees, court costs, or other costs associated	26576
with any cause of action relating to the student may not be	26577
included in the amount.	26578

(F) Each fiscal year, the department shall pay each joint	26579
vocational school district an amount for adult technical and	26580
vocational education and specialized consultants.	26581

(G)(1) A joint vocational school district's local share of	26582
special education and related services additional weighted costs	26583
equals:	26584

(1 - state share percentage) X	26585

Total special education weight X	26586

the formula amount	26587

(2) For each ~~handicapped~~ student with a disability receiving	26588
special education and related services under an individualized	26589
education program, as defined in section 3323.01 of the Revised	26590
Code, at a joint vocational district, the resident district or, if	26591
the student is enrolled in a community school, the community	26592
school shall be responsible for the amount of any costs of	26593
providing those special education and related services to that	26594
student that exceed the sum of the amount calculated for those	26595
services attributable to that student under divisions (B), (D),	26596
(E), and (G)(1) of this section.	26597

Those excess costs shall be calculated by subtracting the sum	26598
of the following from the actual cost to provide special education	26599
and related services to the student:	26600

(a) The ~~product of the~~ formula amount ~~times the~~	26601
~~cost-of-doing-business factor~~;	26602

(b) The product of the formula amount times the applicable	26603
multiple specified in section 3317.013 of the Revised Code;	26604

(c) Any funds paid under division (E) of this section for the	26605
student;	26606

(d) Any other funds received by the joint vocational school	26607
district under this chapter to provide special education and	26608
related services to the student, not including the amount	26609
calculated under division (G)(2) of this section.	26610

(3) The board of education of the joint vocational school	26611
district may report the excess costs calculated under division	26612
(G)(2) of this section to the department of education.	26613

(4) If the board of education of the joint vocational school	26614
district reports excess costs under division (G)(3) of this	26615
section, the department shall pay the amount of excess cost	26616
calculated under division (G)(2) of this section to the joint	26617
vocational school district and shall deduct that amount as	26618
provided in division (G)(4)(a) or (b) of this section, as	26619
applicable:	26620

(a) If the student is not enrolled in a community school, the	26621
department shall deduct the amount from the account of the	26622
student's resident district pursuant to division (M) of section	26623
3317.023 of the Revised Code.	26624

(b) If the student is enrolled in a community school, the	26625
department shall deduct the amount from the account of the	26626
community school pursuant to section 3314.083 of the Revised Code.	26627

Sec. 3317.161. If the department of education is required to	26628
pay an amount under section 3353.25 of the Revised Code to a	26629
school district delivering a course included in the clearinghouse	26630
established under section 3353.21 of the Revised Code for a	26631
student enrolled in a joint vocational school district, the	26632
department shall deduct the amount of that payment from the amount	26633
calculated for the joint vocational school district under section	26634
3317.16 of the Revised Code.	26635

Sec. 3317.19. (A) As used in this section, "total unit	26636
allowance" means an amount equal to the sum of the following:	26637

(1) The total of the salary allowances for the teachers	26638
employed in the cooperative education school district for all	26639
units approved under division (B) or (C) of section 3317.05 of the	26640
Revised Code. The salary allowance for each unit shall equal the	26641
minimum salary for the teacher of the unit calculated on the basis	26642
of the teacher's training level and years of experience pursuant	26643
to the salary schedule prescribed in the version of section	26644
3317.13 of the Revised Code in effect prior to July 1, 2001.	26645

(2) Fifteen per cent of the total computed under division	26646
(A)(1) of this section;	26647

(3) The total of the unit operating allowances for all	26648
approved units. The amount of each allowance shall equal one of	26649
the following:	26650

(a) Eight thousand twenty-three dollars times the number of	26651
~~preschool handicapped~~ units for preschool children with	26652
disabilities or fraction thereof approved for the year under	26653
division (B) of section 3317.05 of the Revised Code;	26654

(b) Two thousand one hundred thirty-two dollars times the	26655
number of units or fraction thereof approved for the year under	26656
division (C) of section 3317.05 of the Revised Code.	26657

(B) The state board of education shall compute and distribute	26658
to each cooperative education school district for each fiscal year	26659
an amount equal to the sum of the following:	26660

(1) An amount equal to the total of the amounts credited to	26661
the cooperative education school district pursuant to division (K)	26662
of section 3317.023 of the Revised Code;	26663

(2) The total unit allowance;

26664

(3) An amount for assisting in providing free lunches to	26665
needy children and an amount for assisting needy school districts	26666
in purchasing necessary equipment for food preparation pursuant to	26667
division (H) of section 3317.024 of the Revised Code.	26668

(C) If a cooperative education school district has had	26669
additional special education units approved for the year under	26670
division (F)(2) of section 3317.03 of the Revised Code, the	26671
district shall receive an additional amount during the last half	26672
of the fiscal year. For each unit, the additional amount shall	26673
equal fifty per cent of the amount computed under division (A) of	26674
this section for a unit approved under division (B) of section	26675
3317.05 of the Revised Code.	26676

Sec. 3317.20. This section does not apply to ~~handicapped~~	26677
preschool children with disabilities.	26678

(A) As used in this section:

26679

(1) "Applicable weight" means the multiple specified in	26680
section 3317.013 of the Revised Code for a ~~handicap~~disability	26681
described in that section.	26682

(2) "Child's school district" means the school district in	26683
which a child is entitled to attend school pursuant to section	26684
3313.64 or 3313.65 of the Revised Code.	26685

(3) "State share percentage" means the state share percentage	26686
of the child's school district as defined in section 3317.022 of	26687
the Revised Code.	26688

(B) Except as provided in division (C) of this section, the	26689
department shall annually pay each county MR/DD board for each	26690
~~handicapped~~ child with a disability, other than a ~~handicapped~~	26691
preschool child with a disability, for whom the county MR/DD board	26692
provides special education and related services ~~the greater of the~~	26693
~~amount calculated under division (B)(1) or (2) of this section:~~	26694

~~(1) (The formula amount for fiscal year 2005 X the~~	26695
~~cost-of-doing-business factor for the child's school district for~~	26696
~~fiscal year 2005) + (state share percentage for fiscal year 2005 X~~	26697
~~formula amount for fiscal year 2005 X the applicable weight);~~	26698

~~(2) (The current~~an amount equal to the formula amount ~~times~~	26699
~~the current cost-of-doing-business factor for the child's school~~	26700
~~district)~~ + (state share percentage X ~~current~~ formula amount X the	26701
applicable weight).	26702

(C) If any school district places with a county MR/DD board	26703
more ~~handicapped~~ children with disabilities than it had placed	26704
with a county MR/DD board in fiscal year 1998, the department	26705
shall not make a payment under division (B) of this section for	26706
the number of children exceeding the number placed in fiscal year	26707
1998. The department instead shall deduct from the district's	26708
payments under this chapter, and pay to the county MR/DD board, an	26709
amount calculated in accordance with the formula prescribed in	26710
division (B) of this section for each child over the number of	26711
children placed in fiscal year 1998.	26712

(D) The department shall calculate for each county MR/DD	26713
board receiving payments under divisions (B) and (C) of this	26714
section the following amounts:	26715

(1) The amount received by the county MR/DD board for	26716
approved special education and related services units, other than	26717
~~preschool handicapped~~ units for preschool children with	26718
disabilities, in fiscal year 1998, divided by the total number of	26719
children served in the units that year;	26720

(2) The product of the quotient calculated under division	26721
(D)(1) of this section times the number of children for whom	26722
payments are made under divisions (B) and (C) of this section.	26723

If the amount calculated under division (D)(2) of this	26724
section is greater than the total amount calculated under	26725
divisions (B) and (C) of this section, the department shall pay	26726
the county MR/DD board one hundred per cent of the difference in	26727
addition to the payments under divisions (B) and (C) of this	26728
section.	26729

Sec. 3317.201. This section does not apply to ~~handicapped~~	26730
preschool children with disabilities.	26731

(A) As used in this section, the "total special education	26732
weight" for an institution means the sum of the following amounts:	26733

(1) The number of children reported by the institution under	26734
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	26735
receiving services for a ~~handicap~~disability described in division	26736
(A) of section 3317.013 of the Revised Code multiplied by the	26737
multiple specified in that division;	26738

(2) The number of children reported by the institution under	26739
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	26740
receiving services for a ~~handicap~~disability described in division	26741
(B) of section 3317.013 of the Revised Code multiplied by the	26742
multiple specified in that division;	26743

(3) The number of children reported by the institution under	26744
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	26745
receiving services for a ~~handicap~~disability described in division	26746
(C) of section 3317.013 of the Revised Code multiplied by the	26747
multiple specified in that division;	26748

(4) The number of children reported by the institution under	26749
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	26750
receiving services for a ~~handicap~~disability described in division	26751
(D) of section 3317.013 of the Revised Code multiplied by the	26752
multiple specified in that division;	26753

(5) The number of children reported by the institution under	26754
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	26755
receiving services for a ~~handicap~~disability described in division	26756
(E) of section 3317.013 of the Revised Code multiplied by the	26757
multiple specified in that division;	26758

(6) The number of children reported by the institution under	26759
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	26760
receiving services for a ~~handicap~~disability described in division	26761
(F) of section 3317.013 of the Revised Code multiplied by the	26762
multiple specified in that division.	26763

(B) ~~The~~For each fiscal year, the department of education	26764
~~annually~~ shall pay each state institution required to provide	26765
special education services under division (A) of section 3323.091	26766
of the Revised Code an amount equal to the greater of:	26767

(1) The formula amount times the institution's total special	26768
education weight;	26769

(2) The aggregate amount of special education and related	26770
services unit funding the institution received for all ~~handicapped~~	26771
children with disabilities other than ~~handicapped~~ preschool	26772
children with disabilities in fiscal year 2005 under sections	26773
3317.052 and 3317.053 of the Revised Code, as those sections	26774
existed prior to ~~the effective date of this section~~June 30, 2005.	26775

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	26776
Revised Code:	26777

(A) "Ohio school facilities commission" means the commission	26778
created pursuant to section 3318.30 of the Revised Code.	26779

(B) "Classroom facilities" means rooms in which pupils	26780
regularly assemble in public school buildings to receive	26781
instruction and education and such facilities and building	26782
improvements for the operation and use of such rooms as may be	26783
needed in order to provide a complete educational program, and may	26784
include space within which a child care facility or a community	26785
resource center is housed. "Classroom facilities" includes any	26786
space necessary for the operation of a vocational education	26787
program for secondary students in any school district that	26788
operates such a program.	26789

(C) "Project" means a project to construct or acquire	26790
classroom facilities, or to reconstruct or make additions to	26791
existing classroom facilities, to be used for housing the	26792
applicable school district and its functions.	26793

(D) "School district" means a local, exempted village, or	26794
city school district as such districts are defined in Chapter	26795
3311. of the Revised Code, acting as an agency of state	26796
government, performing essential governmental functions of state	26797
government pursuant to sections 3318.01 to 3318.20 of the Revised	26798
Code.	26799

For purposes of assistance provided under sections 3318.40 to	26800
3318.45 of the Revised Code, the term "school district" as used in	26801
this section and in divisions (A), (C), and (D) of section 3318.03	26802
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	26803
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	26804
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	26805
Code means a joint vocational school district established pursuant	26806
to section 3311.18 of the Revised Code.	26807

(E) "School district board" means the board of education of a	26808
school district.	26809

(F) "Net bonded indebtedness" means the difference between	26810
the sum of the par value of all outstanding and unpaid bonds and	26811
notes which a school district board is obligated to pay and any	26812
amounts the school district is obligated to pay under	26813
lease-purchase agreements entered into under section 3313.375 of	26814
the Revised Code, and the amount held in the sinking fund and	26815
other indebtedness retirement funds for their redemption. Notes	26816
issued for school buses in accordance with section 3327.08 of the	26817
Revised Code, notes issued in anticipation of the collection of	26818
current revenues, and bonds issued to pay final judgments shall	26819
not be considered in calculating the net bonded indebtedness.	26820

"Net bonded indebtedness" does not include indebtedness	26821
arising from the acquisition of land to provide a site for	26822
classroom facilities constructed, acquired, or added to pursuant	26823
to sections 3318.01 to 3318.20 of the Revised Code or the par	26824
value of bonds that have been authorized by the electors and the	26825
proceeds of which will be used by the district to provide any part	26826
of its portion of the basic project cost.	26827

(G) "Board of elections" means the board of elections of the	26828
county containing the most populous portion of the school	26829
district.	26830

(H) "County auditor" means the auditor of the county in which	26831
the greatest value of taxable property of such school district is	26832
located.	26833

(I) "Tax duplicates" means the general tax lists and	26834
duplicates prescribed by sections 319.28 and 319.29 of the Revised	26835
Code.	26836

(J) "Required level of indebtedness" means:

26837

(1) In the case of school districts in the first percentile,	26838
five per cent of the district's valuation for the year preceding	26839
the year in which the controlling board approved the project under	26840
section 3318.04 of the Revised Code.	26841

(2) In the case of school districts ranked in a subsequent	26842
percentile, five per cent of the district's valuation for the year	26843
preceding the year in which the controlling board approved the	26844
project under section 3318.04 of the Revised Code, plus [two	26845
one-hundredths of one per cent multiplied by (the percentile in	26846
which the district ranks for the fiscal year preceding the fiscal	26847
year in which the controlling board approved the district's	26848
project minus one)].	26849

(K) "Required percentage of the basic project costs" means	26850
one per cent of the basic project costs times the percentile in	26851
which the school district ranks for the fiscal year preceding the	26852
fiscal year in which the controlling board approved the district's	26853
project.	26854

(L) "Basic project cost" means a cost amount determined in	26855
accordance with rules adopted under section 111.15 of the Revised	26856
Code by the Ohio school facilities commission. The basic project	26857
cost calculation shall take into consideration the square footage	26858
and cost per square foot necessary for the grade levels to be	26859
housed in the classroom facilities, the variation across the state	26860
in construction and related costs, the cost of the installation of	26861
site utilities and site preparation, the cost of demolition of all	26862
or part of any existing classroom facilities that are abandoned	26863
under the project, the cost of insuring the project until it is	26864
completed, any contingency reserve amount prescribed by the	26865
commission under section 3318.086 of the Revised Code, and the	26866
professional planning, administration, and design fees that a	26867
school district may have to pay to undertake a classroom	26868
facilities project.	26869

For a joint vocational school district that receives	26870
assistance under sections 3318.40 to 3318.45 of the Revised Code,	26871
the basic project cost calculation for a project under those	26872
sections shall also take into account the types of laboratory	26873
spaces and program square footages needed for the vocational	26874
education programs for high school students offered by the school	26875
district.	26876

(M)(1) Except for a joint vocational school district that	26877
receives assistance under sections 3318.40 to 3318.45 of the	26878
Revised Code, a "school district's portion of the basic project	26879
cost" means the amount determined under section 3318.032 of the	26880
Revised Code.	26881

(2) For a joint vocational school district that receives	26882
assistance under sections 3318.40 to 3318.45 of the Revised Code,	26883
a "school district's portion of the basic project cost" means the	26884
amount determined under division (C) of section 3318.42 of the	26885
Revised Code.	26886

(N) "Child care facility" means space within a classroom	26887
facility in which the needs of infants, toddlers, preschool	26888
children, and school children are provided for by persons other	26889
than the parent or guardian of such children for any part of the	26890
day, including persons not employed by the school district	26891
operating such classroom facility.	26892

(O) "Community resource center" means space within a	26893
classroom facility in which comprehensive services that support	26894
the needs of families and children are provided by community-based	26895
social service providers.	26896

(P) "Valuation" means the total value of all property in the	26897
school district as listed and assessed for taxation on the tax	26898
duplicates.	26899

(Q) "Percentile" means the percentile in which the school	26900
district is ranked pursuant to ~~division (D) of~~ section 3318.011 of	26901
the Revised Code.	26902

(R) "Installation of site utilities" means the installation	26903
of a site domestic water system, site fire protection system, site	26904
gas distribution system, site sanitary system, site storm drainage	26905
system, and site telephone and data system.	26906

(S) "Site preparation" means the earthwork necessary for	26907
preparation of the building foundation system, the paved	26908
pedestrian and vehicular circulation system, playgrounds on the	26909
project site, and lawn and planting on the project site.	26910

Sec. 3318.011. For purposes of providing assistance under	26911
sections 3318.01 to 3318.20 of the Revised Code, the department of	26912
education shall annually do all of the following:	26913

(A) Calculate the adjusted valuation per pupil of each city,	26914
local, and exempted village school district according to the	26915
following formula:	26916

The district's valuation per pupil -	26917

[$30,000 X (1 - the district's income factor)].	26918

For purposes of this calculation:

26919

(1) ~~"Valuation~~Except for a district with an open enrollment	26920
net gain that is ten per cent or more of its formula ADM,	26921
"valuation per pupil" for a district means its average taxable	26922
value, divided by its formula ADM ~~reported under section 3317.03~~	26923
~~of the Revised Code~~ for the previous fiscal year. "Valuation per	26924
pupil," for a district with an open enrollment net gain that is	26925
ten per cent or more of its formula ADM, means its average taxable	26926
value, divided by the sum of its formula ADM for the previous	26927
fiscal year plus its open enrollment net gain for the previous	26928
fiscal year.	26929

(2) "Average taxable value" means the average of the amounts	26930
certified for a district in the second, third, and fourth	26931
preceding fiscal years under divisions (A)(1) and (2) of section	26932
3317.021 of the Revised Code.	26933

(3) "~~Income~~Entitled to attend school" means entitled to	26934
attend school in a city, local, or exempted village school	26935
district under section 3313.64 or 3313.65 of the Revised Code.	26936

(4) "Formula ADM" and "income factor" ~~has~~have the same	26937
~~meaning~~meanings as in section 3317.02 of the Revised Code.	26938

(5) "Native student" has the same meaning as in section	26939
3313.98 of the Revised Code.	26940

(6) "Open enrollment net gain" for a district means (a) the	26941
number of the students entitled to attend school in another	26942
district but who are enrolled in the schools of the district under	26943
its open enrollment policy minus (b) the number of the district's	26944
native students who are enrolled in the schools of another	26945
district under the other district's open enrollment policy, both	26946
numbers as certified to the department under section 3313.981 of	26947
the Revised Code. If the difference is a negative number, the	26948
district's "open enrollment net gain" is zero.	26949

(7) "Open enrollment policy" means an interdistrict open	26950
enrollment policy adopted under section 3313.98 of the Revised	26951
Code.	26952

(B) Calculate for each district the three-year average of the	26953
adjusted valuations per pupil calculated for the district for the	26954
current and two preceding fiscal years;	26955

(C) Rank all such districts in order of adjusted valuation	26956
per pupil from the district with the lowest three-year average	26957
adjusted valuation per pupil to the district with the highest	26958
three-year average adjusted valuation per pupil;	26959

(D) Divide such ranking into percentiles with the first	26960
percentile containing the one per cent of school districts having	26961
the lowest three-year average adjusted valuations per pupil and	26962
the one-hundredth percentile containing the one per cent of school	26963
districts having the highest three-year average adjusted	26964
valuations per pupil;	26965

(E) Determine the school districts that have three-year	26966
average adjusted valuations per pupil that are greater than the	26967
median three-year average adjusted valuation per pupil for all	26968
school districts in the state;	26969

(F) On or before the first day of September, certify the	26970
information described in divisions (A) to (E) of this section to	26971
the Ohio school facilities commission.	26972

Notwithstanding anything in this section to the contrary, the	26973
department shall not rank any school district subject to division	26974
(F) of section 3318.36 of the Revised Code in a higher percentile	26975
than the percentile in which the district was ranked on the date	26976
the electors of the district approved a bond issue to pay the	26977
district's portion of the basic project cost. The percentile	26978
ranking resulting from this paragraph shall be used by the	26979
commission only to determine when the district is eligible for	26980
assistance under sections 3318.01 to 3318.20 of the Revised Code	26981
and shall not be used to calculate the district's portion of the	26982
basic project cost. For this purpose, the commission annually	26983
shall notify the department of all school districts that have	26984
become subject to division (F) of section 3318.36 of the Revised	26985
Code since the department completed its most recent school	26986
district rankings under this section.	26987

Sec. 3318.023. Notwithstanding anything to the contrary in	26988
section 3318.02 of the Revised Code, each fiscal year, at the time	26989
that the Ohio school facilities commission conditionally approves	26990
projects of school districts under ~~section~~sections 3318.01 to	26991
3318.20 of the Revised Code for which it plans to provide	26992
assistance under those sections for that fiscal year, the	26993
commission also shall identify the next ten school districts from	26994
lowest to highest in order of the ranking calculated for the	26995
previous fiscal year under ~~division (D) of~~ section 3318.011 of the	26996
Revised Code that have not yet been conditionally approved for	26997
assistance under ~~section~~sections 3318.01 to 3318.20 of the	26998
Revised Code. Those districts shall have priority in the order of	26999
such ranking with the lowest valuation having the highest priority	27000
for future assistance under those sections over all other school	27001
districts except for districts receiving assistance under division	27002
(B)(2) of section 3318.04, section 3318.37, or section 3318.38 of	27003
the Revised Code or districts that have priority under section	27004
3318.05 of the Revised Code.	27005

Sec. 3318.12. (A) The Ohio school facilities commission shall	27006
cause to be transferred to the school district's project	27007
construction fund the necessary amounts from amounts appropriated	27008
by the general assembly and set aside for such purpose, from time	27009
to time as may be necessary to pay obligations chargeable to such	27010
fund when due. All investment earnings of a school district's	27011
project construction fund shall be credited to the fund.	27012

(B)(1) The treasurer of the school district board shall	27013
disburse funds from the school district's project construction	27014
fund, including investment earnings credited to the fund, only	27015
upon the approval of the commission or the commission's designated	27016
representative. The commission or the commission's designated	27017
representative shall issue vouchers against such fund, in such	27018
amounts, and at such times as required by the contracts for	27019
construction of the project.	27020

(2) Notwithstanding anything to the contrary in division	27021
(B)(1) of this section, the school district board may, by a duly	27022
adopted resolution, choose to use all or part of the investment	27023
earnings of the district's project construction fund that are	27024
attributable to the district's contribution to the fund to pay the	27025
cost of classroom facilities or portions or components of	27026
classroom facilities that are not included in the district's basic	27027
project cost but that are related to the district's project. If	27028
the district board adopts a resolution in favor of using those	27029
investment earnings as authorized under division (B)(2) of this	27030
section, the treasurer shall disburse the amount as designated and	27031
directed by the board. However, if the district board chooses to	27032
use any part of the investment earnings for classroom facilities	27033
or portions or components of classroom facilities that are not	27034
included in the basic project cost, as authorized under division	27035
(B)(2) of this section, and, subsequently, the cost of the project	27036
exceeds the amount in the project construction fund, the district	27037
board shall restore to the project construction fund the full	27038
amount of the investment earnings used under division (B)(2) of	27039
this section before any additional state moneys shall be released	27040
for the project.	27041

27042

(1) ~~Any~~At the discretion of the school district board, any	27043
investment earnings remaining in the project construction fund	27044
that are attributable to the school district's contribution to the	27045
fund shall be ~~transferred~~:	27046

(a) Retained in the project construction fund for future	27047
projects;	27048

(b) Transferred to the district's maintenance fund required	27049
by division (B) of section 3318.05 or section 3318.43 of the	27050
Revised Code, and the money so transferred shall be used solely	27051
for maintaining the classroom facilities included in the project;	27052

27053

(2) Any investment earnings remaining in the project	27054
construction fund that are attributable to the state's	27055
contribution to the fund shall be transferred to the commission	27056
for expenditure pursuant to sections 3318.01 to 3318.20 or	27057
sections 3318.40 to 3318.45 of the Revised Code.	27058

(3) Any other surplus remaining in the school district's	27059
project construction fund after the project has been completed	27060
shall be transferred to the commission and the school district	27061
board in proportion to their respective contributions to the fund.	27062
The commission shall use the money transferred to it under this	27063
division for expenditure pursuant to sections 3318.01 to 3318.20	27064
or sections 3318.40 to 3318.45 of the Revised Code.	27065

(D) Pursuant to appropriations of the general assembly, any	27066
moneys transferred to the commission under division (C)(2) or (3)	27067
of this section from a project construction fund for a project	27068
under sections 3318.40 to 3318.45 of the Revised Code may be used	27069
for future expenditures for projects under sections 3318.40 to	27070
3318.45 of the Revised Code, notwithstanding the two per cent	27071
annual limit specified in division (B) of section 3318.40 of the	27072
Revised Code.	27073

Sec. 3318.15. There is hereby created the public school	27074
building fund within the state treasury consisting of any moneys	27075
transferred or appropriated to the fund by the general assembly,	27076
moneys paid into or transferred in accordance with section 3318.47	27077
of the Revised Code, and any grants, gifts, or contributions	27078
received by the Ohio school facilities commission to be used for	27079
the purposes of the fund. All investment earnings of the fund	27080
shall be credited to the fund.	27081

Moneys transferred or appropriated to the fund by the general	27082
assembly and moneys in the fund from grants, gifts, and	27083
contributions shall be used for the purposes of Chapter 3318. of	27084
the Revised Code as prescribed by the general assembly.	27085

Sec. 3318.26. (A) The provisions of this section apply only	27086
to obligations issued by the issuing authority prior to December	27087
1, 1999.	27088

(B) Subject to the limitations provided in section 3318.29 of	27089
the Revised Code, the issuing authority, upon the certification by	27090
the Ohio school facilities commission to the issuing authority of	27091
the amount of moneys or additional moneys needed in the school	27092
building program assistance fund for the purposes of sections	27093
3318.01 to 3318.20 and sections 3318.40 to 3318.45 of the Revised	27094
Code, or needed for capitalized interest, for funding reserves,	27095
and for paying costs and expenses incurred in connection with the	27096
issuance, carrying, securing, paying, redeeming, or retirement of	27097
the obligations or any obligations refunded thereby, including	27098
payment of costs and expenses relating to letters of credit, lines	27099
of credit, insurance, put agreements, standby purchase agreements,	27100
indexing, marketing, remarketing and administrative arrangements,	27101
interest swap or hedging agreements, and any other credit	27102
enhancement, liquidity, remarketing, renewal, or refunding	27103
arrangements, all of which are authorized by this section, shall	27104
issue obligations of the state under this section in the required	27105
amount. The proceeds of such obligations, except for obligations	27106
issued to provide moneys for the school building program	27107
assistance fund shall be deposited by the treasurer of state in	27108
special funds, including reserve funds, as provided in the bond	27109
proceedings. The issuing authority may appoint trustees, paying	27110
agents, and transfer agents and may retain the services of	27111
financial advisors and accounting experts and retain or contract	27112
for the services of marketing, remarketing, indexing, and	27113
administrative agents, other consultants, and independent	27114
contractors, including printing services, as are necessary in the	27115
issuing authority's judgment to carry out this section. The costs	27116
of such services are payable from the school building program	27117
assistance fund or any special fund determined by the issuing	27118
authority.	27119

(C) The holders or owners of such obligations shall have no	27120
right to have moneys raised by taxation obligated or pledged, and	27121
moneys raised by taxation shall not be obligated or pledged, for	27122
the payment of bond service charges. Such holders or owners shall	27123
have no rights to payment of bond service charges from any money	27124
or property received by the commission, treasurer of state, or the	27125
state, or from any other use of the proceeds of the sale of the	27126
obligations, and no such moneys may be used for the payment of	27127
bond service charges, except for accrued interest, capitalized	27128
interest, and reserves funded from proceeds received upon the sale	27129
of the obligations and except as otherwise expressly provided in	27130
the applicable bond proceedings pursuant to written directions by	27131
the treasurer of state. The right of such holders and owners to	27132
payment of bond service charges shall be limited to all or that	27133
portion of the pledged receipts and those special funds pledged	27134
thereto pursuant to the bond proceedings in accordance with this	27135
section, and each such obligation shall bear on its face a	27136
statement to that effect.	27137

(D) Obligations shall be authorized by resolution or order of	27138
the issuing authority and the bond proceedings shall provide for	27139
the purpose thereof and the principal amount or amounts, and shall	27140
provide for or authorize the manner or agency for determining the	27141
principal maturity or maturities, not exceeding the limits	27142
specified in section 3318.29 of the Revised Code, the interest	27143
rate or rates or the maximum interest rate, the date of the	27144
obligations and the dates of payment of interest thereon, their	27145
denomination, and the establishment within or without the state of	27146
a place or places of payment of bond service charges. Sections	27147
9.98 to 9.983 of the Revised Code are applicable to obligations	27148
issued under this section, subject to any applicable limitation	27149
under section 3318.29 of the Revised Code. The purpose of such	27150
obligations may be stated in the bond proceedings in terms	27151
describing the general purpose or purposes to be served. The bond	27152
proceedings shall also provide, subject to the provisions of any	27153
other applicable bond proceedings, for the pledge of all, or such	27154
part as the issuing authority may determine, of the pledged	27155
receipts and the applicable special fund or funds to the payment	27156
of bond service charges, which pledges may be made either prior or	27157
subordinate to other expenses, claims, or payments, and may be	27158
made to secure the obligations on a parity with obligations	27159
theretofore or thereafter issued, if and to the extent provided in	27160
the bond proceedings. The pledged receipts and special funds so	27161
pledged and thereafter received by the state are immediately	27162
subject to the lien of such pledge without any physical delivery	27163
thereof or further act, and the lien of any such pledges is valid	27164
and binding against all parties having claims of any kind against	27165
the state or any governmental agency of the state, irrespective of	27166
whether such parties have notice thereof, and shall create a	27167
perfected security interest for all purposes of Chapter 1309. of	27168
the Revised Code, without the necessity for separation or delivery	27169
of funds or for the filing or recording of the bond proceedings by	27170
which such pledge is created or any certificate, statement or	27171
other document with respect thereto; and the pledge of such	27172
pledged receipts and special funds is effective and the money	27173
therefrom and thereof may be applied to the purposes for which	27174
pledged without necessity for any act of appropriation, except as	27175
required by section 3770.06 of the Revised Code. Every pledge, and	27176
every covenant and agreement made with respect thereto, made in	27177
the bond proceedings may therein be extended to the benefit of the	27178
owners and holders of obligations authorized by this section, and	27179
to any trustee therefor, for the further security of the payment	27180
of the bond service charges.	27181

(E) The bond proceedings may contain additional provisions as	27182
to:	27183

(1) The redemption of obligations prior to maturity at the	27184
option of the issuing authority at such price or prices and under	27185
such terms and conditions as are provided in the bond proceedings;	27186

(2) Other terms of the obligations;

27187

(3) Limitations on the issuance of additional obligations;

27188

(4) The terms of any trust agreement or indenture securing	27189
the obligations or under which the same may be issued;	27190

(5) The deposit, investment and application of special funds,	27191
and the safeguarding of moneys on hand or on deposit, without	27192
regard to Chapter 131., 133., or 135. of the Revised Code, but	27193
subject to any special provisions of sections 3318.21 to 3318.29	27194
of the Revised Code, with respect to particular funds or moneys,	27195
provided that any bank or trust company that acts as depository of	27196
any moneys in the special funds may furnish such indemnifying	27197
bonds or may pledge such securities as required by the issuing	27198
authority;	27199

(6) Any or every provision of the bond proceedings being	27200
binding upon such officer, board, commission, authority, agency,	27201
department, or other person or body as may from time to time have	27202
the authority under law to take such actions as may be necessary	27203
to perform all or any part of the duty required by such provision;	27204

(7) Any provision that may be made in a trust agreement or	27205
indenture;	27206

(8) The lease or sublease of any interest of the school	27207
district or the state in one or more projects as defined in	27208
division (C) of section 3318.01 of the Revised Code, or in one or	27209
more permanent improvements, to or from the issuing authority, as	27210
provided in one or more lease or sublease agreements between the	27211
school or the state and the issuing authority;	27212

(9) Any other or additional agreements with the holders of	27213
the obligations, or the trustee therefor, relating to the	27214
obligations or the security therefor.	27215

(F) The obligations may have the great seal of the state or a	27216
facsimile thereof affixed thereto or printed thereon. The	27217
obligations and any coupons pertaining to obligations shall be	27218
signed or bear the facsimile signature of the issuing authority.	27219
Any obligations or coupons may be executed by the person who, on	27220
the date of execution, is the proper issuing authority although on	27221
the date of such bonds or coupons such person was not the issuing	27222
authority. In case the issuing authority whose signature or a	27223
facsimile of whose signature appears on any such obligation or	27224
coupon ceases to be the issuing authority before delivery thereof,	27225
such signature or facsimile is nevertheless valid and sufficient	27226
for all purposes as if the issuing authority had remained the	27227
issuing authority until such delivery; and in case the seal to be	27228
affixed to obligations has been changed after a facsimile of the	27229
seal has been imprinted on such obligations, such facsimile seal	27230
shall continue to be sufficient as to such obligations and	27231
obligations issued in substitution or exchange therefor.	27232

(G) All obligations are negotiable instruments and securities	27233
under Chapter 1308. of the Revised Code, subject to the provisions	27234
of the bond proceedings as to registration. The obligations may be	27235
issued in coupon or in registered form, or both, as the issuing	27236
authority determines. Provision may be made for the registration	27237
of any obligations with coupons attached thereto as to principal	27238
alone or as to both principal and interest, their exchange for	27239
obligations so registered, and for the conversion or reconversion	27240
into obligations with coupons attached thereto of any obligations	27241
registered as to both principal and interest, and for reasonable	27242
charges for such registration, exchange, conversion, and	27243
reconversion.	27244

(H) Obligations may be sold at public sale or at private	27245
sale, as determined in the bond proceedings.	27246

(I) Pending preparation of definitive obligations, the	27247
issuing authority may issue interim receipts or certificates which	27248
shall be exchanged for such definitive obligations.	27249

(J) In the discretion of the issuing authority, obligations	27250
may be secured additionally by a trust agreement or indenture	27251
between the issuing authority and a corporate trustee which may be	27252
any trust company or bank having ~~its principal~~a place of business	27253
within the state. Any such agreement or indenture may contain the	27254
resolution or order authorizing the issuance of the obligations,	27255
any provisions that may be contained in any bond proceedings, and	27256
other provisions that are customary or appropriate in an agreement	27257
or indenture of such type, including, but not limited to:	27258

(1) Maintenance of each pledge, trust agreement, indenture,	27259
or other instrument comprising part of the bond proceedings until	27260
the state has fully paid the bond service charges on the	27261
obligations secured thereby, or provision therefor has been made;	27262

(2) In the event of default in any payments required to be	27263
made by the bond proceedings, or any other agreement of the	27264
issuing authority made as a part of the contract under which the	27265
obligations were issued, enforcement of such payments or agreement	27266
by mandamus, the appointment of a receiver, suit in equity, action	27267
at law, or any combination of the foregoing;	27268

(3) The rights and remedies of the holders of obligations and	27269
of the trustee, and provisions for protecting and enforcing them,	27270
including limitations on rights of individual holders of	27271
obligations;	27272

(4) The replacement of any obligations that become mutilated	27273
or are destroyed, lost, or stolen;	27274

(5) Such other provisions as the trustee and the issuing	27275
authority agree upon, including limitations, conditions, or	27276
qualifications relating to any of the foregoing.	27277

(K) Any holder of obligations or a trustee under the bond	27278
proceedings, except to the extent that the holder's or trustee's	27279
rights are restricted by the bond proceedings, may by any suitable	27280
form of legal proceedings, protect and enforce any rights under	27281
the laws of this state or granted by such bond proceedings. Such	27282
rights include the right to compel the performance of all duties	27283
of the issuing authority, the commission, or the director of	27284
budget and management required by sections 3318.21 to 3318.29 of	27285
the Revised Code or the bond proceedings; to enjoin unlawful	27286
activities; and in the event of default with respect to the	27287
payment of any bond service charges on any obligations or in the	27288
performance of any covenant or agreement on the part of the	27289
issuing authority, the commission, or the director of budget and	27290
management in the bond proceedings, to apply to a court having	27291
jurisdiction of the cause to appoint a receiver to receive and	27292
administer the pledged receipts and special funds, other than	27293
those in the custody of the treasurer of state or the commission,	27294
which are pledged to the payment of the bond service charges on	27295
such obligations or which are the subject of the covenant or	27296
agreement, with full power to pay, and to provide for payment of	27297
bond service charges on, such obligations, and with such powers,	27298
subject to the direction of the court, as are accorded receivers	27299
in general equity cases, excluding any power to pledge additional	27300
revenues or receipts or other income or moneys of the issuing	27301
authority or the state or governmental agencies of the state to	27302
the payment of such principal and interest and excluding the power	27303
to take possession of, mortgage, or cause the sale or otherwise	27304
dispose of any permanent improvement.	27305

Each duty of the issuing authority and the issuing	27306
authority's officers and employees, and of each governmental	27307
agency and its officers, members, or employees, undertaken	27308
pursuant to the bond proceedings or any agreement or loan made	27309
under authority of sections 3318.21 to 3318.29 of the Revised	27310
Code, and in every agreement by or with the issuing authority, is	27311
hereby established as a duty of the issuing authority, and of each	27312
such officer, member, or employee having authority to perform such	27313
duty, specifically enjoined by the law resulting from an office,	27314
trust, or station within the meaning of section 2731.01 of the	27315
Revised Code.	27316

The person who is at the time the issuing authority, or the	27317
issuing authority's officers or employees, are not liable in their	27318
personal capacities on any obligations issued by the issuing	27319
authority or any agreements of or with the issuing authority.	27320

(L) Obligations issued under this section are lawful	27321
investments for banks, societies for savings, savings and loan	27322
associations, deposit guarantee associations, trust companies,	27323
trustees, fiduciaries, insurance companies, including domestic for	27324
life and domestic not for life, trustees or other officers having	27325
charge of sinking and bond retirement or other special funds of	27326
political subdivisions and taxing districts of this state, the	27327
commissioners of the sinking fund of the state, the administrator	27328
of workers' compensation, the state teachers retirement system,	27329
the public employees retirement system, the school employees	27330
retirement system, and the Ohio police and fire pension fund,	27331
notwithstanding any other provisions of the Revised Code or rules	27332
adopted pursuant thereto by any governmental agency of the state	27333
with respect to investments by them, and also are acceptable as	27334
security for the deposit of public moneys.	27335

(M) Unless otherwise provided in any applicable bond	27336
proceedings, moneys to the credit of or in the special funds	27337
established by or pursuant to this section may be invested by or	27338
on behalf of the issuing authority only in notes, bonds, or other	27339
obligations of the United States, or of any agency or	27340
instrumentality of the United States, obligations guaranteed as to	27341
principal and interest by the United States, obligations of this	27342
state or any political subdivision of this state, and certificates	27343
of deposit of any national bank located in this state and any	27344
bank, as defined in section 1101.01 of the Revised Code, subject	27345
to inspection by the superintendent of financial institutions. If	27346
the law or the instrument creating a trust pursuant to division	27347
(J) of this section expressly permits investment in direct	27348
obligations of the United States or an agency of the United	27349
States, unless expressly prohibited by the instrument, such moneys	27350
also may be invested in no front end load money market mutual	27351
funds consisting exclusively of obligations of the United States	27352
or an agency of the United States and in repurchase agreements,	27353
including those issued by the fiduciary itself, secured by	27354
obligations of the United States or an agency of the United	27355
States; and in collective investment funds established in	27356
accordance with section 1111.14 of the Revised Code and consisting	27357
exclusively of any such securities, notwithstanding division	27358
(B)(1)(c) of that section. The income from such investments shall	27359
be credited to such funds as the issuing authority determines, and	27360
such investments may be sold at such times as the issuing	27361
authority determines or authorizes.	27362

(N) Provision may be made in the applicable bond proceedings	27363
for the establishment of separate accounts in the bond service	27364
fund and for the application of such accounts only to the	27365
specified bond service charges on obligations pertinent to such	27366
accounts and bond service fund and for other accounts therein	27367
within the general purposes of such fund. Unless otherwise	27368
provided in any applicable bond proceedings, moneys to the credit	27369
of or in the several special funds established pursuant to this	27370
section shall be disbursed on the order of the treasurer of state,	27371
provided that no such order is required for the payment from the	27372
bond service fund when due of bond service charges on obligations.	27373

(O) The issuing authority may pledge all, or such portion as	27374
the issuing authority determines, of the pledged receipts to the	27375
payment of bond service charges on obligations issued under this	27376
section, and for the establishment and maintenance of any	27377
reserves, as provided in the bond proceedings, and make other	27378
provisions therein with respect to pledged receipts as authorized	27379
by this chapter, which provisions shall be controlling	27380
notwithstanding any other provisions of law pertaining thereto.	27381

(P) The issuing authority may covenant in the bond	27382
proceedings, and any such covenants shall be controlling	27383
notwithstanding any other provision of law, that the state and	27384
applicable officers and governmental agencies of the state,	27385
including the general assembly, so long as any obligations are	27386
outstanding, shall:	27387

(1) Maintain statutory authority for and cause to be operated	27388
the state lottery, including the transfers to and from the lottery	27389
profits education fund created in section 3770.06 of the Revised	27390
Code so that the pledged receipts shall be sufficient in amount to	27391
meet bond service charges, and the establishment and maintenance	27392
of any reserves and other requirements provided for in the bond	27393
proceedings;	27394

(2) Take or permit no action, by statute or otherwise, that	27395
would impair the exclusion from gross income for federal income	27396
tax purposes of the interest on any obligations designated by the	27397
bond proceeding as tax-exempt obligations.	27398

(Q) There is hereby created the school building program bond	27399
service fund, which shall be in the custody of the treasurer of	27400
state but shall be separate and apart from and not a part of the	27401
state treasury. All moneys received by or on account of the	27402
issuing authority or state agencies and required by the applicable	27403
bond proceedings, consistent with this section, to be deposited,	27404
transferred, or credited to the school building program bond	27405
service fund, and all other moneys transferred or allocated to or	27406
received for the purposes of the fund, shall be deposited and	27407
credited to such fund and to any separate accounts therein,	27408
subject to applicable provisions of the bond proceedings, but	27409
without necessity for any act of appropriation, except as required	27410
by section 3770.06 of the Revised Code. During the period	27411
beginning with the date of the first issuance of obligations and	27412
continuing during such time as any such obligations are	27413
outstanding, and so long as moneys in the school building program	27414
bond service fund are insufficient to pay all bond service charges	27415
on such obligations becoming due in each year, a sufficient amount	27416
of the moneys from the lottery profits education fund included in	27417
pledged receipts, subject to appropriation for such purpose as	27418
provided in section 3770.06 of the Revised Code, are committed and	27419
shall be paid to the school building program bond service fund in	27420
each year for the purpose of paying the bond service charges	27421
becoming due in that year. The school building program bond	27422
service fund is a trust fund and is hereby pledged to the payment	27423
of bond service charges solely on obligations issued to provide	27424
moneys for the school building program assistance fund to the	27425
extent provided in the applicable bond proceedings, and payment	27426
thereof from such fund shall be made or provided for by the	27427
treasurer of state in accordance with such bond proceedings	27428
without necessity for any act of appropriation except as required	27429
by section 3770.06 of the Revised Code.	27430

(R) The obligations, the transfer thereof, and the income	27431
therefrom, including any profit made on the sale thereof, at all	27432
times shall be free from taxation within the state.	27433

Sec. 3318.36. (A)(1) As used in this section:

27434

(a) "Ohio school facilities commission," "classroom	27435
facilities," "school district," "school district board," "net	27436
bonded indebtedness," "required percentage of the basic project	27437
costs," "basic project cost," "valuation," and "percentile" have	27438
the same meanings as in section 3318.01 of the Revised Code.	27439

(b) "Required level of indebtedness" means five per cent of	27440
the school district's valuation for the year preceding the year in	27441
which the commission and school district enter into an agreement	27442
under division (B) of this section, plus [two one-hundredths of	27443
one per cent multiplied by (the percentile in which the district	27444
ranks minus one)].	27445

(c) "Local resources" means any moneys generated in any	27446
manner permitted for a school district board to raise the school	27447
district portion of a project undertaken with assistance under	27448
sections 3318.01 to 3318.20 of the Revised Code.	27449

(2) For purposes of determining either the required level of	27450
indebtedness, as defined in division (A)(1)(b) of this section, or	27451
the required percentage of the basic project costs, under division	27452
(C)(1) of this section, the percentile ranking of a school	27453
district with which the commission has entered into an agreement	27454
under this section between the first day of July and the	27455
thirty-first day of August in each fiscal year is the percentile	27456
ranking calculated for that district for the immediately preceding	27457
fiscal year, and the percentile ranking of a school district with	27458
which the commission has entered into such agreement between the	27459
first day of September and the thirtieth day of June in each	27460
fiscal year is the percentile ranking calculated for that district	27461
for the current fiscal year.	27462

(B)(1) There is hereby established the school building	27463
assistance expedited local partnership program. Under the program,	27464
the Ohio school facilities commission may enter into an agreement	27465
with the school district board of any school district under which	27466
the school district board may proceed with the new construction or	27467
major repairs of a part of the school district's classroom	27468
facilities needs, as determined under sections 3318.01 to 3318.20	27469
of the Revised Code, through the expenditure of local resources	27470
prior to the school district's eligibility for state assistance	27471
under sections 3318.01 to 3318.20 of the Revised Code and may	27472
apply that expenditure toward meeting the school district's	27473
portion of the basic project cost of the total of the school	27474
district's classroom facilities needs, as determined under	27475
sections 3318.01 to 3318.20 of the Revised Code and as	27476
recalculated under division (E) of this section, that are eligible	27477
for state assistance under sections 3318.01 to 3318.20 of the	27478
Revised Code when the school district becomes eligible for such	27479
state assistance. Any school district that is reasonably expected	27480
to receive assistance under sections 3318.01 to 3318.20 of the	27481
Revised Code within two fiscal years from the date the school	27482
district adopts its resolution under division (B) of this section	27483
shall not be eligible to participate in the program.	27484

(2) To participate in the program, a school district board	27485
shall first adopt a resolution certifying to the commission the	27486
board's intent to participate in the program.	27487

The resolution shall specify the approximate date that the	27488
board intends to seek elector approval of any bond or tax measures	27489
or to apply other local resources to use to pay the cost of	27490
classroom facilities to be constructed under this section. The	27491
resolution may specify the application of local resources or	27492
elector-approved bond or tax measures after the resolution is	27493
adopted by the board, and in such case the board may proceed with	27494
a discrete portion of its project under this section as soon as	27495
the commission and the controlling board have approved the basic	27496
project cost of the district's classroom facilities needs as	27497
specified in division (D) of this section. The board shall submit	27498
its resolution to the commission not later than ten days after the	27499
date the resolution is adopted by the board.	27500

The commission shall not consider any resolution that is	27501
submitted pursuant to division (B)(2) of this section, as amended	27502
by this amendment, sooner than September 14, 2000.	27503

(3) Any project under this section shall comply with section	27504
3318.03 of the Revised Code and with any specifications for plans	27505
and materials for classroom facilities adopted by the commission	27506
under section 3318.04 of the Revised Code.	27507

(4) If a school district that enters into an agreement under	27508
this section has not begun a project applying local resources as	27509
provided for under that agreement at the time the district is	27510
notified by the commission that it is eligible to receive state	27511
assistance under sections 3318.01 to 3318.20 of the Revised Code,	27512
all assessment and agreement documents entered into under this	27513
section are void.	27514

(5) Only construction of or repairs to classroom facilities	27515
that have been approved by the commission and have been therefore	27516
included as part of a district's basic project cost qualify for	27517
application of local resources under this section.	27518

(C) Based on the results of the on-site visits and assessment	27519
conducted under division (B)(2) of this section, the commission	27520
shall determine the basic project cost of the school district's	27521
classroom facilities needs. The commission shall determine the	27522
school district's portion of such basic project cost, which shall	27523
be the greater of:	27524

(1) The required percentage of the basic project costs,	27525
determined based on the school district's percentile ranking;	27526

(2) An amount necessary to raise the school district's net	27527
bonded indebtedness, as of the fiscal year the commission and the	27528
school district enter into the agreement under division (B) of	27529
this section, to within five thousand dollars of the required	27530
level of indebtedness.	27531

(D)(1) When the commission determines the basic project cost	27532
of the classroom facilities needs of a school district and the	27533
school district's portion of that basic project cost under	27534
division (C) of this section, the project shall be conditionally	27535
approved. Such conditional approval shall be submitted to the	27536
controlling board for approval thereof. The controlling board	27537
shall forthwith approve or reject the commission's determination,	27538
conditional approval, and the amount of the state's portion of the	27539
basic project cost; however, no state funds shall be encumbered	27540
under this section. Upon approval by the controlling board, the	27541
school district board may identify a discrete part of its	27542
classroom facilities needs, which shall include only new	27543
construction of or additions or major repairs to a particular	27544
building, to address with local resources. Upon identifying a part	27545
of the school district's basic project cost to address with local	27546
resources, the school district board may allocate any available	27547
school district moneys to pay the cost of that identified part,	27548
including the proceeds of an issuance of bonds if approved by the	27549
electors of the school district.	27550

All local resources utilized under this division shall first	27551
be deposited in the project construction account required under	27552
section 3318.08 of the Revised Code.	27553

(2) Unless the school district board exercises its option	27554
under division (D)(3) of this section, for a school district to	27555
qualify for participation in the program authorized under this	27556
section, one of the following conditions shall be satisfied:	27557

(a) The electors of the school district by a majority vote	27558
shall approve the levy of taxes outside the ten-mill limitation	27559
for a period of twenty-three years at the rate of not less than	27560
one-half mill for each dollar of valuation to be used to pay the	27561
cost of maintaining the classroom facilities included in the basic	27562
project cost as determined by the commission. The form of the	27563
ballot to be used to submit the question whether to approve the	27564
tax required under this division to the electors of the school	27565
district shall be the form for an additional levy of taxes	27566
prescribed in section 3318.361 of the Revised Code, which may be	27567
combined in a single ballot question with the questions prescribed	27568
under section 5705.218 of the Revised Code.	27569

(b) As authorized under division (C) of section 3318.05 of	27570
the Revised Code, the school district board shall earmark from the	27571
proceeds of a permanent improvement tax levied under section	27572
5705.21 of the Revised Code, an amount equivalent to the	27573
additional tax otherwise required under division (D)(2)(a) of this	27574
section for the maintenance of the classroom facilities included	27575
in the basic project cost as determined by the commission.	27576

(c) As authorized under section 3318.051 of the Revised Code,	27577
the school district board shall, if approved by the commission,	27578
annually transfer into the maintenance fund required under section	27579
3318.05 of the Revised Code the amount prescribed in section	27580
3318.051 of the Revised Code in lieu of the tax otherwise required	27581
under division (D)(2)(a) of this section for the maintenance of	27582
the classroom facilities included in the basic project cost as	27583
determined by the commission.	27584

(d) If the school district board has rescinded the agreement	27585
to make transfers under section 3318.051 of the Revised Code, as	27586
provided under division (F) of that section, the electors of the	27587
school district, in accordance with section 3318.063 of the	27588
Revised Code, first shall approve the levy of taxes outside the	27589
ten-mill limitation for the period specified in that section at a	27590
rate of not less than one-half mill for each dollar of valuation.	27591

(e) The school district board shall apply the proceeds of a	27592
tax to leverage bonds as authorized under section 3318.052 of the	27593
Revised Code or dedicate a local donated contribution in the	27594
manner described in division (B) of section 3318.084 of the	27595
Revised Code in an amount equivalent to the additional tax	27596
otherwise required under division (D)(2)(a) of this section for	27597
the maintenance of the classroom facilities included in the basic	27598
project cost as determined by the commission.	27599

(3) A school district board may opt to delay taking any of	27600
the actions described in division (D)(2) of this section until	27601
such time as the school district becomes eligible for state	27602
assistance under sections 3318.01 to 3318.20 of the Revised Code.	27603
In order to exercise this option, the board shall certify to the	27604
commission a resolution indicating the board's intent to do so	27605
prior to entering into an agreement under division (B) of this	27606
section.	27607

(4) If pursuant to division (D)(3) of this section a district	27608
board opts to delay levying an additional tax until the district	27609
becomes eligible for state assistance, it shall submit the	27610
question of levying that tax to the district electors as follows:	27611

(a) In accordance with section 3318.06 of the Revised Code if	27612
it will also be necessary pursuant to division (E) of this section	27613
to submit a proposal for approval of a bond issue;	27614

(b) In accordance with section 3318.361 of the Revised Code	27615
if it is not necessary to also submit a proposal for approval of a	27616
bond issue pursuant to division (E) of this section.	27617

(5) No state assistance under sections 3318.01 to 3318.20 of	27618
the Revised Code shall be released until a school district board	27619
that adopts and certifies a resolution under division (D) of this	27620
section also demonstrates to the satisfaction of the commission	27621
compliance with the provisions of division (D)(2) of this section.	27622

Any amount required for maintenance under division (D)(2) of	27623
this section shall be deposited into a separate fund as specified	27624
in division (B) of section 3318.05 of the Revised Code.	27625

(E)(1) If the school district becomes eligible for state	27626
assistance under sections 3318.01 to 3318.20 of the Revised Code	27627
based on its percentile ranking as determined under division (B)	27628
of this section, the commission shall conduct a new assessment of	27629
the school district's classroom facilities needs and shall	27630
recalculate the basic project cost based on this new assessment.	27631
The basic project cost recalculated under this division shall	27632
include the amount of expenditures made by the school district	27633
board under division (D)(1) of this section. The commission shall	27634
then recalculate the school district's portion of the new basic	27635
project cost, which shall be the percentage of the original basic	27636
project cost assigned to the school district as its portion under	27637
division (C) of this section. The commission shall deduct the	27638
expenditure of school district moneys made under division (D)(1)	27639
of this section from the school district's portion of the basic	27640
project cost as recalculated under this division. If the amount of	27641
school district resources applied by the school district board to	27642
the school district's portion of the basic project cost under this	27643
section is less than the total amount of such portion as	27644
recalculated under this division, the school district board by a	27645
majority vote of all of its members shall, if it desires to seek	27646
state assistance under sections 3318.01 to 3318.20 of the Revised	27647
Code, adopt a resolution as specified in section 3318.06 of the	27648
Revised Code to submit to the electors of the school district the	27649
question of approval of a bond issue in order to pay any	27650
additional amount of school district portion required for state	27651
assistance. Any tax levy approved under division (D) of this	27652
section satisfies the requirements to levy the additional tax	27653
under section 3318.06 of the Revised Code.	27654

(2) If the amount of school district resources applied by the	27655
school district board to the school district's portion of the	27656
basic project cost under this section is more than the total	27657
amount of such portion as recalculated under this division, within	27658
one year after the school district's portion is recalculated under	27659
division (E)(1) of this section the commission may grant to the	27660
school district the difference between the two calculated	27661
portions, but at no time shall the commission expend any state	27662
funds on a project in an amount greater than the state's portion	27663
of the basic project cost as recalculated under this division.	27664

Any reimbursement under this division shall be only for local	27665
resources the school district has applied toward construction cost	27666
expenditures for the classroom facilities approved by the	27667
commission, which shall not include any financing costs associated	27668
with that construction.	27669

The school district board shall use any moneys reimbursed to	27670
the district under this division to pay off any debt service the	27671
district owes for classroom facilities constructed under its	27672
project under this section before such moneys are applied to any	27673
other purpose. However, the district board first may deposit	27674
moneys reimbursed under this division into the district's general	27675
fund or a permanent improvement fund to replace local resources	27676
the district withdrew from those funds, as long as, and to the	27677
extent that, those local resources were used by the district for	27678
constructing classroom facilities included in the district's basic	27679
project cost.	27680

(F) If a school district has entered into an agreement with	27681
the commission under this section and the electors of the district	27682
have approved a bond issue to pay the district's portion of the	27683
basic project cost, the district shall not be ranked in a higher	27684
percentile under section 3318.011 of the Revised Code than the	27685
percentile in which the district was ranked on the date that the	27686
bond issue was approved, regardless of the district's three-year	27687
average adjusted valuation per pupil calculated under that section	27688
for any subsequent fiscal year.	27689

Sec. 3318.47. (A) On the effective date of this section, the	27690
director of budget and management shall transfer any amount on	27691
hand in the fund established under former section 3318.47 of the	27692
Revised Code, as that section existed prior to the effective date	27693
of this section, into the fund established under section 3318.15	27694
of the Revised Code.	27695

(B) On or after the effective date of this section, any	27696
amounts received from school districts in repayment of loans made	27697
under former sections 3318.47 to 3318.49, as those sections	27698
existed prior to the effective date of this section, shall be	27699
deposited into the fund established under section 3318.15 of the	27700
Revised Code.	27701

Sec. 3319.28. (A) As used in this section, "STEM school"	27702
means a science, technology, engineering, and mathematics school	27703
established under Chapter 3326. of the Revised Code.	27704

(B) Notwithstanding any other provision of the Revised Code	27705
or any rule adopted by the state board of education to the	27706
contrary, the state board shall issue a two-year provisional	27707
educator license for teaching science, technology, engineering,	27708
or mathematics in grades six through twelve in a STEM school to	27709
any applicant who meets the following conditions:	27710

(1) Holds a bachelor's degree from an accredited institution	27711
of higher education in a field related to the subject area to be	27712
taught;	27713

(2) Has passed an examination prescribed by the state board	27714
in the subject area to be taught.	27715

(C) The holder of a provisional educator license issued under	27716
this section shall complete a structured apprenticeship program	27717
provided by an educational service center or a teacher preparation	27718
program approved under section 3319.23 of the Revised Code, in	27719
partnership with the STEM school that employs the license holder.	27720
The apprenticeship program shall include the following:	27721

(1) Mentoring by a teacher or administrator who regularly	27722
observes the license holder's classroom instruction, provides	27723
feedback on the license holder's teaching strategies and classroom	27724
management, and engages the license holder in discussions about	27725
methods for fostering and measuring student learning;	27726

(2) Regularly scheduled seminars or meetings that address the	27727
following topics:	27728

(a) The statewide academic standards adopted by the state	27729
board under section 3301.079 of the Revised Code and the	27730
importance of aligning curriculum with those standards;	27731

(b) The achievement tests prescribed by section 3301.0710 of	27732
the Revised Code;	27733

(c) The school district and building accountability system	27734
established under Chapter 3302. of the Revised Code;	27735

(d) Instructional methods and strategies;

27736

(e) Student development;

27737

(f) Assessing student progress and providing remediation and	27738
intervention, as necessary, to meet students' special needs;	27739

(g) Classroom management and record keeping.

27740

(D) After two years of teaching under a provisional educator	27741
license issued under this section, a person may apply for a	27742
five-year professional educator license in the same subject area	27743
named in the provisional license. The state board shall issue the	27744
applicant a professional educator license if the applicant meets	27745
the following conditions:	27746

(1) The applicant completed the apprenticeship program	27747
described in division (C) of this section.	27748

(2) The applicant receives a positive recommendation	27749
indicating that the applicant is an effective teacher from both of	27750
the following:	27751

(a) The chief administrative officer of the STEM school that	27752
most recently employed the applicant as a classroom teacher;	27753

(b) The educational service center or teacher preparation	27754
program administrator in charge of the apprenticeship program	27755
completed by the applicant.	27756

(E) The department of education shall evaluate the	27757
experiences of STEM schools with classroom teachers holding	27758
provisional educator licenses issued under this section. The	27759
evaluation shall cover the first two school years for which	27760
licenses are issued and shall consider at least the schools'	27761
satisfaction with the teachers and the operation of the	27762
apprenticeship programs.	27763

Sec. 3319.29. Each application for any license or,	27764
certificate ~~pursuant to sections 3319.22 to 3319.27 of the Revised~~	27765
~~Code or for any~~, or permit ~~pursuant to section 3319.301, 3319.302,~~	27766
~~3319.303, or 3319.304 of the Revised Code~~under this chapter, or	27767
renewal or duplicate of such a license, certificate, or permit,	27768
shall be accompanied by the payment of a fee in the amount	27769
established under division (A) of section 3319.51 of the Revised	27770
Code. Any fees received under this section shall be paid into the	27771
state treasury to the credit of the state board of education	27772
licensure fund established under division (B) of section 3319.51	27773
of the Revised Code.	27774

Any person applying for or holding a license, certificate, or	27775
permit ~~pursuant to this section and sections 3319.22 to 3319.27 or~~	27776
~~section 3319.301, 3319.302, 3319.303, or 3319.304 of the Revised~~	27777
~~Code~~under this chapter is subject to sections 3123.41 to 3123.50	27778
of the Revised Code and any applicable rules adopted under section	27779
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	27780
the Revised Code.	27781

Sec. 3319.291. (A) The state board of education shall	27782
require each of the following persons, at the times prescribed by	27783
division (A) of this section, to submit two complete sets of	27784
fingerprints and written permission that authorizes the	27785
superintendent of public instruction to forward the fingerprints	27786
to the bureau of criminal identification and investigation	27787
pursuant to division (F) of section 109.57 of the Revised Code and	27788
that authorizes that bureau to forward the fingerprints to the	27789
federal bureau of investigation for purposes of obtaining any	27790
criminal records that the federal bureau maintains on the person:	27791

(1) Any person initially applying for any certificate,	27792
license, or permit described in this chapter or in division (B) of	27793
section 3301.071,or in section 3301.074~~, 3319.088, 3319.29,~~	27794
~~3319.302, or 3319.304, or in division (A) of section 3319.303~~ of	27795
the Revised Code at the time that application is made;	27796

(2) Any person applying for renewal of any certificate,	27797
license, or permit described in division (A)(1) of this section at	27798
the time that application is made;	27799

(3) Any person who is teaching under a professional teaching	27800
certificate issued under former section 3319.22 or under section	27801
3319.222 of the Revised Code upon a date prescribed by the state	27802
board that is not later than five years after the date that the	27803
certificate was issued or renewed;	27804

(4) Any person who is teaching under a permanent teaching	27805
certificate issued under former section 3319.22 or under section	27806
3319.222 of the Revised Code upon a date prescribed by the state	27807
board and every five years thereafter.	27808

(B) Except as provided in division (C) of this section, prior	27809
to issuing or renewing any certificate, license, or permit	27810
described in division (A)(1) or (2) of this section and in the	27811
case of a person required to submit fingerprints and written	27812
permission under division (A)(3) or (4) of this section, the state	27813
board or the superintendent of public instruction shall request	27814
the superintendent of the bureau of criminal identification and	27815
investigation to investigate and determine whether the bureau has	27816
any information, gathered pursuant to division (A) of section	27817
109.57 of the Revised Code, pertaining to any person submitting	27818
fingerprints and written permission under this section. If the	27819
person does not present proof that the person has been a resident	27820
of this state for the five-year period immediately prior to the	27821
date upon which the investigation described in this division is	27822
requested, or does not provide evidence that within that five-year	27823
period the superintendent of the bureau of criminal identification	27824
and investigation has requested information about the person from	27825
the federal bureau of investigation, the state board or the	27826
superintendent of public instruction shall request the	27827
superintendent of the bureau of criminal identification and	27828
investigation to obtain any criminal records that the federal	27829
bureau of investigation has on the person. If the person presents	27830
proof that the person has been a resident of this state for that	27831
five-year period, the state board or the superintendent of public	27832
instruction may request the superintendent of the bureau of	27833
criminal identification and investigation to obtain any criminal	27834
records that the federal bureau of investigation has on the	27835
person.	27836

(C) The state board or the superintendent of public	27837
instruction may choose not to request any information required by	27838
division (B) of this section if the person applying for the	27839
issuance or renewal of a certificate, license, or permit described	27840
in division (A)(1) or (2) of this section or the person required	27841
to submit fingerprints and written permission under division	27842
(A)(3) or (4) of this section provides proof that a criminal	27843
records check was conducted on the person as a condition of	27844
employment pursuant to section 3319.39 of the Revised Code within	27845
the immediately preceding year. The state board or the	27846
superintendent of public instruction may accept a certified copy	27847
of records that were issued by the bureau of criminal	27848
identification and investigation and that are presented by a	27849
person applying for the issuance or renewal of a certificate,	27850
license, or permit described in this section in lieu of requesting	27851
that information under division (B) of this section if the records	27852
were issued by the bureau within the immediately preceding year.	27853

Sec. 3319.301. (A) As used in this section, "STEM school"	27854
means a science, technology, engineering, and mathematics school	27855
established under Chapter 3326. of the Revised Code.	27856

(B) The state board of education shall issue permits to	27857
individuals who are not licensed as required by sections 3319.22	27858
to 3319.30 of the Revised Code, but who are otherwise qualified,	27859
to teach classes for not more than a total of twelve hours a week,	27860
except that an individual teaching in a STEM school may teach	27861
classes for not more than a total of forty hours a week. The state	27862
board, by rule, shall set forth the qualifications, other than	27863
licensure under sections 3319.22 to 3319.30 of the Revised Code,	27864
to be met by individuals in order to be issued a permit as	27865
provided in this section. Such qualifications shall include the	27866
possession of a baccalaureate, master's, or doctoral degree in, or	27867
significant experience related to, the subject the individual is	27868
to teach. Applications for permits pursuant to this section shall	27869
be made in accordance with section 3319.29 of the Revised Code.	27870

The state board, by rule, shall authorize the board of	27871
education of each school district and each STEM school to engage	27872
individuals holding permits issued under this section to teach	27873
classes for not more than athe total number of ~~twelve~~ hours a	27874
week specified in the permit. The rules shall include provisions	27875
with regard to each of the following:	27876

(1) That a board of education or STEM school shall engage a	27877
nonlicensed individual to teach pursuant to this section on a	27878
volunteer basis, or by entering into a contract with the	27879
individual or the individual's employer on such terms and	27880
conditions as are agreed to between the board or school and the	27881
individual or the individual's employer;	27882

(2) That an employee of the board of education or STEM school	27883
who is licensed under sections 3319.22 to 3319.30 of the Revised	27884
Code shall directly supervise a nonlicensed individual who is	27885
engaged to teach pursuant to this section until the superintendent	27886
of the school district or the chief administrative officer of the	27887
STEM school is satisfied that the nonlicensed individual has	27888
sufficient understanding of, and experience in, effective	27889
teaching methods to teach without supervision.	27890

~~(B)~~(C) A nonlicensed individual engaged to teach pursuant to	27891
this section is a teacher for the purposes of Title XXXIII of the	27892
Revised Code except for the purposes of Chapters 3307. and 3317.	27893
and sections 3319.07 to 3319.31 of the Revised Code. Such an	27894
individual is not an employee of the ~~school district~~board of	27895
education or STEM school for the purpose of Titles I or XLI or	27896
Chapter 3309. of the Revised Code.	27897

~~(C)~~(D) Students enrolled in a class taught by a nonlicensed	27898
individual pursuant to this section and rules adopted thereunder	27899
shall receive the same credit as if the class had been taught by	27900
an employee licensed pursuant to sections 3319.22 to 3319.30 of	27901
the Revised Code.	27902

~~(D)~~(E) No board of education of any school district shall	27903
engage any one or more nonlicensed individuals if such employment	27904
displaces from employment an existing licensed employee of the	27905
district.	27906

Sec. 3319.31. (A) As used in this section and sections	27907
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	27908
means a certificate, license, or permit described in this chapter	27909
or in division (B) of section 3301.071,or in section 3301.074,	27910
~~3319.088, 3319.29, 3319.302, or 3319.304, or in division (A) of~~	27911
~~section 3319.303~~ of the Revised Code.	27912

(B) For any of the following reasons, the state board of	27913
education, in accordance with Chapter 119. and section 3319.311 of	27914
the Revised Code, may refuse to issue a license to an applicant,	27915
may limit a license it issues to an applicant, or may suspend,	27916
revoke, or limit a license that has been issued to any person:	27917

(1) Engaging in an immoral act, incompetence, negligence, or	27918
conduct that is unbecoming to the applicant's or person's	27919
position;	27920

(2) A plea of guilty to, a finding of guilt by a jury or	27921
court of, or a conviction of any of the following:	27922

(a) A felony;

27923

(b) A violation of section 2907.04 or 2907.06 or division (A)	27924
or (B) of section 2907.07 of the Revised Code;	27925

27926

(d) A theft offense, as defined in section 2913.01 of the	27927
Revised Code;	27928

(e) A drug abuse offense, as defined in section 2925.01 of	27929
the Revised Code, that is not a minor misdemeanor;	27930

(f) A violation of an ordinance of a municipal corporation	27931
that is substantively comparable to an offense listed in divisions	27932
(B)(2)(a) to (e) of this section.	27933

(C) The state board may take action under division (B) of	27934
this section on the basis of substantially comparable conduct	27935
occurring in a jurisdiction outside this state or occurring before	27936
a person applies for or receives any license.	27937

(D) The state board may adopt rules in accordance with	27938
Chapter 119. of the Revised Code to carry out this section and	27939
section 3319.311 of the Revised Code.	27940

Sec. 3319.55. (A) A grant program is hereby established to	27941
recognize and reward teachers in public and chartered nonpublic	27942
schools who hold valid teaching certificates or licenses issued by	27943
the national board for professional teaching standards. The	27944
superintendent of public instruction shall administer this program	27945
in accordance with this section and rules which the state board of	27946
education shall adopt in accordance with Chapter 119. of the	27947
Revised Code.	27948

In each fiscal year that the general assembly appropriates	27949
funds for purposes of this section, the superintendent of public	27950
instruction shall award a grant to each person who, by the first	27951
day of April of that year and in accordance with the rules adopted	27952
under this section, submits to the superintendent evidence	27953
indicating ~~all~~both of the following:	27954

(1) The person holds a valid certificate or license issued by	27955
the national board for professional teaching standards;	27956

(2) The person has been employed full-time as a teacher by	27957
the board of education of a school district or by a chartered	27958
nonpublic school in this state during the current school year;	27959

~~(3) The date the person was accepted into the national board~~	27960
~~certification or licensure program~~.	27961

An individual may receive a grant under this section in each	27962
fiscal year the person is eligible for a grant and submits	27963
evidence of that eligibility in accordance with this section. No	27964
person may receive a grant after the expiration of the person's	27965
initial certification or license issued by the national board.	27966

(B) The amount of the grant awarded to each eligible person	27967
under division (A) of this section in any fiscal year shall equal	27968
~~the following:~~	27969

~~(1) Two~~two thousand five hundred dollars ~~for any teacher~~	27970
~~accepted as a candidate for certification or licensure by the~~	27971
~~national board on or before May 31, 2003, and issued a certificate~~	27972
~~or license by the national board on or before December 31, 2004;~~	27973

~~(2) One thousand dollars for any other teacher issued a~~	27974
~~certificate or license by the national board.~~	27975

~~However~~. However, if the funds appropriated for purposes of	27976
this section in any fiscal year are not sufficient to award the	27977
full grant amount to each person who is eligible in that fiscal	27978
year, the superintendent shall prorate the amount of the grant	27979
awarded in that fiscal year to each eligible person.	27980

Sec. 3321.03. ~~Except~~As used in this section and section	27981
3321.04 of the Revised Code, "special education program" means a	27982
school or the educational agency that provides special education	27983
and related services to children with disabilities in accordance	27984
with Chapter 3323. of the Revised Code.	27985

Except as provided in this section, the parent of a child of	27986
compulsory school age shall cause such child to attend a school in	27987
the school district in which the child is entitled to attend	27988
school under division (B) or (F) of section 3313.64 or section	27989
3313.65 of the Revised Code, to participate in a special education	27990
program under Chapter 3323. of the Revised Code, or to otherwise	27991
cause ~~him~~the child to be instructed in accordance with law. Every	27992
child of compulsory school age shall attend a school or	27993
participate in a special education program that conforms to the	27994
minimum standards prescribed by the state board of education until	27995
the child:	27996

(A) Receives a diploma granted by the board of education or	27997
other governing authority, successfully completes the curriculum	27998
of any high school, or successfully completes the individualized	27999
education program developed for the student by any high school	28000
pursuant to ~~section 3323.08~~Chapter 3323. of the Revised Code;	28001

(B) Receives an age and schooling certificate as provided in	28002
section 3331.01 of the Revised Code; or	28003

(C) Is excused from school under standards adopted by the	28004
state board of education pursuant to section 3321.04 of the	28005
Revised Code, or if in need of special education, hethe child is	28006
excused from such programs pursuant to section 3321.04 of the	28007
Revised Code.	28008

Sec. 3323.01. As used in this chapter:

28009

(A) "Child with a disability" means a child who is at least	28010
three years of age and less than twenty-two years of age; who has	28011
mental retardation, a hearing impairment (including deafness), a	28012
speech or language impairment, a visual impairment (including	28013
blindness), a serious emotional disturbance, an orthopedic	28014
impairment, autism, traumatic brain injury, an other health	28015
impairment, a specific learning disability, deaf-blindness, or	28016
multiple disabilities; and who, by reason thereof, needs special	28017
education and related services.	28018

A "child with a disability" may include a child who is at	28019
least three years of age and less than six years of age; who is	28020
experiencing developmental delays, as defined by standards adopted	28021
by the state board of education and as measured by appropriate	28022
diagnostic instruments and procedures in one or more of the	28023
following areas: physical development, cognitive development,	28024
communication development, social or emotional development, or	28025
adaptive development; and who, by reason thereof, needs special	28026
education and related services.	28027

(B) "County MR/DD board" means a county board of mental	28028
retardation and developmental disabilities.	28029

(C) "Free appropriate public education" means special	28030
education and related services that meet all of the following:	28031

(1) Are provided at public expense, under public supervision	28032
and direction, and without charge;	28033

(2) Meet the standards of the state board of education;

28034

(3) Include an appropriate preschool, elementary, or	28035
secondary education as otherwise provided by the law of this	28036
state;	28037

(4) Are provided for each child with a disability in	28038
conformity with the child's individualized education program.	28039

(D) "Homeless children" means "homeless children and youths"	28040
as defined in section 725 of the "McKinney-Vento Homeless	28041
Assistance Act," 42 U.S.C. 11434a.	28042

(E) "Individualized education program" or "IEP" means the	28043
written statement described in section 3323.011 of the Revised	28044
Code.	28045

(F) "Individualized education program team" or "IEP team"	28046
means a group of individuals composed of:	28047

(1) The parents of a child with a disability;

28048

(2) At least one regular education teacher of the child, if	28049
the child is or may be participating in the regular education	28050
environment;	28051

(3) At least one special education teacher, or where	28052
appropriate, at least one special education provider of the child;	28053

(4) A representative of the school district who meets all of	28054
the following:	28055

(a) Is qualified to provide, or supervise the provision of,	28056
specially designed instruction to meet the unique needs of	28057
children with disabilities;	28058

(b) Is knowledgeable about the general education curriculum;

28059

(c) Is knowledgeable about the availability of resources of	28060
the school district.	28061

(5) An individual who can interpret the instructional	28062
implications of evaluation results, who may be a member of the	28063
team as described in divisions (F)(2) to (4) of this section;	28064

(6) At the discretion of the parent or the school district,	28065
other individuals who have knowledge or special expertise	28066
regarding the child, including related services personnel as	28067
appropriate;	28068

(7) Whenever appropriate, the child with a disability.

28069

(G) "Instruction in braille reading and writing" means the	28070
teaching of the system of reading and writing through touch	28071
commonly known as standard English braille.	28072

(H) "Other educational agency" means a department, division,	28073
bureau, office, institution, board, commission, committee,	28074
authority, or other state or local agency, which is not a city,	28075
local, or exempted village school district or an agency	28076
administered by the department of mental retardation and	28077
developmental disabilities, that provides or seeks to provide	28078
special education or related services to children with	28079
disabilities. The term "other educational agency" includes a joint	28080
vocational school district.	28081

(I) "Parent" of a child with a disability, except as used in	28082
sections 3323.09 and 3323.141 of the Revised Code, means:	28083

(1) A natural or adoptive parent of a child but not a foster	28084
parent of a child;	28085

(2) A guardian, but not the state if the child is a ward of	28086
the state;	28087

(3) An individual acting in the place of a natural or	28088
adoptive parent, including a grandparent, stepparent, or other	28089
relative, with whom the child lives, or an individual who is	28090
legally responsible for the child's welfare;	28091

(4) An individual assigned to be a surrogate parent, provided	28092
the individual is not prohibited by this chapter from serving as a	28093
surrogate parent for a child.	28094

(J) "Preschool child with a disability" means a child with a	28095
disability who is at least three years of age but is not of	28096
compulsory school age, as defined under section 3321.01 of the	28097
Revised Code, and who is not currently enrolled in kindergarten.	28098

(K) "Related services" means transportation, and such	28099
developmental, corrective, and other supportive services	28100
(including speech-language pathology and audiology services,	28101
interpreting services, psychological services, physical and	28102
occupational therapy, recreation, including therapeutic	28103
recreation, school nurse services designed to enable a child with	28104
a disability to receive a free appropriate public education as	28105
described in the individualized education program of the child,	28106
counseling services, including rehabilitation counseling,	28107
orientation and mobility services, school health services, social	28108
work services in schools, and parent counseling and training, and	28109
medical services, except that such medical services shall be for	28110
diagnostic and evaluation purposes only) as may be required to	28111
assist a child with a disability to benefit from special	28112
education, and includes the early identification and assessment of	28113
disabling conditions in children. "Related services" does not	28114
include a medical device that is surgically implanted, or the	28115
replacement of such device.	28116

(L) "School district" means a city, local, or exempted	28117
village school district.	28118

(M) "School district of residence," as used in sections	28119
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,	28120
means:	28121

(1) The school district in which the child's natural or	28122
adoptive parents reside;	28123

(2) If the school district specified in division (M)(1) of	28124
this section cannot be determined, the last school district in	28125
which the child's natural or adoptive parents are known to have	28126
resided if the parents' whereabouts are unknown;	28127

(3) If the school district specified in division (M)(2) of	28128
this section cannot be determined, the school district determined	28129
under section 2151.362 of the Revised Code, or if no district has	28130
been so determined, the school district as determined by the	28131
probate court of the county in which the child resides.	28132

(4) Notwithstanding divisions (M)(1) to (3) of this section,	28133
if a school district is required by section 3313.65 of the Revised	28134
Code to pay tuition for a child, that district shall be the	28135
child's school district of residence.	28136

(N) "Special education" means specially designed instruction,	28137
at no cost to parents, to meet the unique needs of a child with a	28138
disability. "Special education" includes instruction conducted in	28139
the classroom, in the home, in hospitals and institutions, and in	28140
other settings, including an early childhood education setting,	28141
and instruction in physical education.	28142

(O) "Student with a visual impairment" means any person who	28143
is less than twenty-two years of age and who has a visual	28144
impairment as that term is defined in this section.	28145

(P) "Transition services" means a coordinated set of	28146
activities for a child with a disability that meet all of the	28147
following:	28148

(1) Is designed to be within a results-oriented process, that	28149
is focused on improving the academic and functional achievement of	28150
the child with a disability to facilitate the child's movement	28151
from school to post-school activities, including post-secondary	28152
education; vocational education; integrated employment (including	28153
supported employment); continuing and adult education; adult	28154
services; independent living; or community participation;	28155

(2) Is based on the individual child's needs, taking into	28156
account the child's strengths, preferences, and interests;	28157

(3) Includes instruction, related services, community	28158
experiences, the development of employment and other post-school	28159
adult living objectives, and, when appropriate, acquisition of	28160
daily living skills and functional vocational evaluation.	28161

"Transition services" for children with disabilities may be	28162
special education, if provided as specially designed instruction,	28163
or may be a related service, if required to assist a child with a	28164
disability to benefit from special education.	28165

(Q) "Visual impairment" for any individual means that one of	28166
the following applies to the individual:	28167

(1) The individual has a visual acuity of 20/200 or less in	28168
the better eye with correcting lenses or has a limited field of	28169
vision in the better eye such that the widest diameter subtends an	28170
angular distance of no greater than twenty degrees.	28171

(2) The individual has a medically indicated expectation of	28172
meeting the requirements of division (Q)(1) of this section over a	28173
period of time.	28174

(3) The individual has a medically diagnosed and medically	28175
uncorrectable limitation in visual functioning that adversely	28176
affects the individual's ability to read and write standard print	28177
at levels expected of the individual's peers of comparable ability	28178
and grade level.	28179

(R) "Ward of the state" has the same meaning as in section	28180
602(36) of the "Individuals with Disabilities Education	28181
Improvement Act of 2004," 20 U.S.C. 1401(36).	28182

Sec. 3323.011. As used in this chapter, "individualized	28183
education program" or "IEP" means a written statement for each	28184
child with a disability that is developed, reviewed, and revised	28185
in accordance with this definition and that includes:	28186

(A) A statement of the child's present levels of academic	28187
achievement and functional performance, including:	28188

(1) How the child's disability affects the child's	28189
involvement and progress in the general education curriculum;	28190

(2) For a preschool child with a disability, as appropriate,	28191
how the disability affects the child's participation in	28192
appropriate activities;	28193

(3) For a child with a disability who is not a preschool	28194
child and who will take alternate assessments aligned to alternate	28195
achievement standards, a description of benchmarks or short-term	28196
objectives.	28197

(B) A statement of measurable annual goals, including	28198
academic and functional goals and, at the discretion of the	28199
department of education, short-term instructional objectives that	28200
are designed to:	28201

(1) Meet the child's needs that result from the child's	28202
disability so as to enable the child to be involved in and make	28203
progress in the general education curriculum;	28204

(2) Meet each of the child's other educational needs that	28205
result from the child's disability.	28206

(C) A description of how the child's progress toward meeting	28207
the annual goals described pursuant to division (B) of this	28208
section will be measured and when periodic reports on the progress	28209
the child is making toward meeting the annual goals will be	28210
provided. Such reports may be quarterly or other periodic reports	28211
that are issued concurrent with the issuance of regular report	28212
cards.	28213

(D) A statement of the special education and related services	28214
and supplementary aids and services, based on peer-reviewed	28215
research to the extent practicable, to be provided to the child,	28216
or on behalf of the child, and a statement of the program	28217
modifications or supports for school personnel that will be	28218
provided for the child so that the child may:	28219

(1) Advance appropriately toward attaining the annual goals	28220
described pursuant to division (B) of this section;	28221

(2) Be involved in and make progress in the general education	28222
curriculum and participate in extracurricular and other	28223
nonacademic activities;	28224

(3) Be educated with and participate with both other children	28225
with disabilities and nondisabled children in the specific	28226
activities described pursuant to division (D) of this section.	28227

(E) An explanation of the extent, if any, to which the child	28228
will not participate with nondisabled children in the regular	28229
class, including an early childhood education setting, and in the	28230
activities described pursuant to division (D) of this section;	28231

(F) A statement of any individual appropriate accommodations	28232
that are necessary to measure the academic achievement and	28233
functional performance of the child on state and districtwide	28234
assessments consistent with section 612(a)(16) of the "Individuals	28235
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	28236
1412(a)(16). If the IEP team determines that the child shall take	28237
an alternate assessment on a particular state or districtwide	28238
assessment of student achievement, the IEP shall contain a	28239
statement of why the child cannot participate in the regular	28240
assessment and why the particular alternate assessment selected is	28241
appropriate for the child.	28242

(G) The projected date for the beginning of the services and	28243
modifications described pursuant to division (D) of this section	28244
and the anticipated frequency, location, and duration of those	28245
services and modifications;	28246

(H) Beginning not later than the first IEP to be in effect	28247
when the child is sixteen years of age, and updated annually	28248
thereafter, a statement describing:	28249

(1) Appropriate measurable post-secondary goals based upon	28250
age-appropriate transition assessments related to training,	28251
education, employment, and independent living skills;	28252

(2) The transition services, including courses of study,	28253
needed to assist the child in reaching the goals described in	28254
division (H)(1) of this section.	28255

(I) Beginning not later than one year before the child	28256
reaches eighteen years of age, a statement that the child has been	28257
informed of the child's rights under Title XX of the United States	28258
Code that will transfer to the child on reaching eighteen years of	28259
age in accordance with section 615(m) of the "Individuals with	28260
Disabilities Education Improvement Act of 2004," 20 U.S.C.	28261
1415(m).	28262

Nothing in this section shall be construed to require that	28263
additional information be included in a child's IEP beyond the	28264
items explicitly required by this section and that the IEP team	28265
include information under one component of a child's IEP that is	28266
already contained under another component of the IEP.	28267

~~Sec. 3323.011.~~ Sec. 3323.013. (A) The individualized education	28268
program required for any student with a visual ~~disability~~	28269
impairment under this chapter shall include the following, in	28270
addition to the statements required pursuant to ~~division (E) of~~	28271
section ~~3323.01~~3323.011 of the Revised Code:	28272

(1) A statement that instruction in braille reading and	28273
writing was carefully considered for the student and that	28274
pertinent literature describing the educational benefits of	28275
instruction in braille reading and writing was reviewed by the	28276
persons developing the student's individualized education program;	28277

(2) A statement specifying the one or more reading and	28278
writing media in which instruction is appropriate for the	28279
student's educational needs;	28280

(3) If instruction in braille reading and writing is	28281
specified as appropriate for the student pursuant to division	28282
(A)(2) of this section, a statement of the instruction in braille	28283
reading and writing that is to be provided to the student. This	28284
statement shall specify the date on which the instruction is to	28285
commence, the frequency and duration of instruction sessions, the	28286
level of competency in braille reading and writing expected to be	28287
achieved annually, and the objective assessment measures to be	28288
used. Whenever appropriate, the expected level of braille	28289
competency for the student shall be to enable the student to	28290
communicate effectively and efficiently with the same level of	28291
proficiency expected of the student's peers of comparable ability	28292
and grade level and the instruction in braille reading and writing	28293
that is to be provided shall be designed accordingly.	28294

(B) If the individualized education program for any student	28295
with a visual ~~disability~~impairment does not specify instruction	28296
in braille reading and writing as appropriate for the student	28297
pursuant to division (A)(2) of this section, each annual review of	28298
that student's individualized education program~~, as provided~~	28299
~~pursuant to division (C) of section 3323.08 of the Revised Code,~~	28300
shall include a written statement specifying the reasons why	28301
instruction in braille reading and writing is not appropriate for	28302
the student.	28303

(C)(1) No student with a visual ~~disability~~impairment shall	28304
be denied instruction in braille reading and writing pursuant to	28305
this section solely because the student has some remaining vision	28306
or because the student is to receive reading and writing	28307
instruction in another medium.	28308

(2) Nothing in this section shall be construed to require the	28309
exclusive use of instruction through the medium of braille reading	28310
and writing if other reading and writing media are appropriate to	28311
a student's educational needs.	28312

(D) Any instruction in braille reading and writing provided	28313
to any student with a visual ~~disability~~impairment pursuant to	28314
division (A)(3) of this section shall be provided by a teacher	28315
licensed to teach students with visual ~~disabilities~~impairments.	28316

Sec. 3323.014. If an agency other than the school district	28317
responsible for a child's IEP fails to provide the transition	28318
services described in the IEP, the school district that is	28319
responsible for the IEP shall reconvene the IEP team to identify	28320
alternative strategies to meet the transition objectives for the	28321
child set out in the child's IEP.	28322

Sec. 3323.02. ItAs used in this section, "IDEIA" means the	28323
"Individuals with Disabilities Education Improvement Act of 2004,"	28324
Pub. L. No. 108-446.	28325

It is the purpose of this chapter to ~~assure~~ensure that all	28326
~~handicapped~~ children ~~three to twenty-one years of age in this~~	28327
~~state shall be provided with an~~with disabilities residing in this	28328
state who are at least three years of age and less than twenty-two	28329
years of age, including children with disabilities who have been	28330
suspended or expelled from school, have available to them a free	28331
appropriate public education. No ~~educational program for~~	28332
~~handicapped children shall be operated except in accordance with~~	28333
~~procedures, standards, and guidelines adopted by the state board~~	28334
~~of education, and no school district, county board of mental~~	28335
~~retardation and developmental disabilities, or other educational~~	28336
~~agency shall receive state or federal funds for a special~~	28337
~~education program unless such program is operated in accordance~~	28338
~~with all procedures, standards, and guidelines adopted by the~~	28339
~~state board. The state board of education shall establish~~	28340
~~standards for special education and related services for all~~	28341
~~handicapped children in the state, regardless of the severity of~~	28342
~~their handicap~~school district, county MR/DD board, or other	28343
educational agency shall receive state or federal funds for	28344
special education and related services unless those services for	28345
children with disabilities are provided in accordance with IDEIA	28346
and related provisions of the Code of Federal Regulations, the	28347
provisions of this chapter, rules and standards adopted by the	28348
state board of education, and any procedures or guidelines issued	28349
by the superintendent of public instruction. Any options or	28350
discretion provided to the state by IDEIA may be exercised in	28351
state law or in rules or standards adopted by the state board of	28352
education.	28353

The state board of education shall establish rules or	28354
standards for the provision of special education and related	28355
services for all children with disabilities who are at least three	28356
years of age and less than twenty-two years of age residing in the	28357
state, regardless of the severity of their disabilities, including	28358
children with disabilities who have been suspended or expelled	28359
from school. The state law and the rules or standards of the state	28360
board of education may impose requirements that are not required	28361
by IDEIA or related provisions of the Code of Federal Regulations.	28362
The school district of residence is responsible, in all instances,	28363
for ensuring that the requirements of Part B of IDEIA are met for	28364
every eligible child in its jurisdiction, regardless of whether	28365
services are provided by another school district, other	28366
educational agency, or other agency, department, or entity, unless	28367
IDEIA or related provisions of the Code of Federal Regulations,	28368
another section of this chapter, or a rule adopted by the state	28369
board of education specifies that another school district, other	28370
educational agency, or other agency, department, or entity is	28371
responsible for ensuring compliance with Part B of IDEIA.	28372

Notwithstanding division (A)(4) of section 3301.53 of the	28373
Revised Code and any rules adopted pursuant to that section and	28374
division (A) of section 3313.646 of the Revised Code, a board of	28375
education of a school district may ~~operate an educational program~~	28376
~~for handicapped~~provide special education and related services for	28377
preschool children with disabilities in accordance with this	28378
chapter and section 3301.52, divisions (A)(1) to (3) and (A)(5)	28379
and (6) of section 3301.53, and sections 3301.54 to ~~3301.57~~	28380
3301.59 of the Revised Code.	28381

The ~~state board of education~~superintendent of public	28382
instruction may require any state or local agency to provide	28383
documentation that ~~programs for handicapped children operated~~	28384
special education and related services for children with	28385
disabilities provided by the agency are in compliance with the	28386
requirements of this chapter.	28387

Not later than the first day of February of each year the	28388
superintendent of public instruction shall furnish the ~~chairmen~~	28389
chairpersons of the education committees of the house of	28390
representatives and the senate with a report on the status of	28391
implementation of ~~programs and~~special education and related	28392
services for ~~handicapped~~ children with disabilities required by	28393
this chapter. The report shall include but shall not be limited to	28394
the following items: the most recent available figures on the	28395
number of children identified as ~~handicapped, the number of~~	28396
~~persons placed in appropriate special education programs, and a~~	28397
~~summary of the reasons for nonplacement of identified persons~~	28398
children with disabilities and the number of identified children	28399
receiving special education and related services. The information	28400
contained in these reports shall be public information.	28401

Sec. 3323.03. The state board of education shall, in	28402
consultation with the department of health, the department of	28403
mental health, and the department of mental retardation and	28404
developmental disabilities, establish standards and procedures for	28405
the identification, location, and evaluation of all ~~handicapped~~	28406
children with disabilities residing in the state, including	28407
children with disabilities who are homeless children or are wards	28408
of the state and children with disabilities attending nonpublic	28409
schools, regardless of the severity of their ~~handicap. No single~~	28410
~~method, device, or evaluation criterion shall be the sole~~	28411
~~criterion for determining an appropriate educational program for a~~	28412
~~handicapped child. The state board shall require the~~disabilities,	28413
and who are in need of special education and related services. The	28414
state board shall develop and implement a practical method to	28415
determine which children with disabilities are currently receiving	28416
needed special education and related services.	28417

In conducting the evaluation, the board of education of each	28418
school district shall use a variety of assessment tools and	28419
strategies to gather relevant functional, developmental, and	28420
academic information about the child, including information	28421
provided by the child's parent. The board of education of each	28422
school district, in consultation with the county ~~boards of mental~~	28423
~~retardation and developmental disabilities and the boards~~MR/DD	28424
board, the county family and children first council, and the board	28425
of alcohol, drug addiction, and mental health services of each	28426
county in which the school district has territory, toshall	28427
identify, locate, and evaluate all ~~handicapped~~ children with	28428
disabilities residing within the district to determine which	28429
~~handicapped~~ children with disabilities are not receiving	28430
appropriate special education and related services. In addition,	28431
the board of education of each school district, in consultation	28432
with such county boards or council, shall identify, locate, and	28433
evaluate all children with disabilities who are enrolled by their	28434
parents in nonpublic elementary and secondary schools located	28435
within the public school district, without regard to where those	28436
children reside in accordance with rules of the state board of	28437
education or guidelines of the superintendent of public	28438
instruction.	28439

~~County boards of mental retardation and developmental~~	28440
~~disabilities and boards~~Each county MR/DD board, county family and	28441
children first council, and board of alcohol, drug addiction, and	28442
mental health services and ~~their~~the board's or council's contract	28443
agencies may transmit to boards of education the names and	28444
addresses of ~~handicapped~~ children with disabilities who are not	28445
receiving appropriate special education and related services.	28446

Sec. 3323.031. The board of education of each school	28447
district shall annually assess the reading and writing skills of	28448
each student with a visual ~~disability~~impairment enrolled in the	28449
district in each medium in which instruction is specified as	28450
appropriate for the student pursuant to division (A)(2) of section	28451
~~3323.011~~3323.013 of the Revised Code. The results of each	28452
assessment shall be provided in a written statement that specifies	28453
the student's strengths and weaknesses in each medium assessed.	28454

Sec. 3323.04. The state board of education, in consultation	28455
with the department of mental health and the department of mental	28456
retardation and developmental disabilities, shall establish	28457
procedures and standards for the ~~placement of handicapped children~~	28458
~~in appropriate educational programs~~development of individualized	28459
education programs for children with disabilities.	28460

The state board shall require the board of education of each	28461
school district to ~~place each handicapped child three to~~	28462
~~twenty-one years of age residing within the district in an~~	28463
~~appropriate education program in accordance with section 3319.01~~	28464
~~of the Revised Code, which may include instruction in regular~~	28465
~~classes, a special education program, or any combination thereof.~~	28466
~~Prior~~develop an individualized education program for each child	28467
with a disability who is at least three years of age and less than	28468
twenty-two years of age residing in the district in a manner that	28469
is in accordance with rules of the state board.	28470

Prior to the placement of a ~~handicapped~~ child with a	28471
disability in a program operated under section 3323.09 of the	28472
Revised Code, the district board of education shall consult the	28473
county MR/DD board ~~of mental retardation and developmental~~	28474
~~disabilities~~ of the county in which the child resides~~. The board~~	28475
~~of education shall evaluate the educational placement of each~~	28476
~~handicapped child at least once each year~~regarding the proposed	28477
placement.	28478

A child with a disability enrolled in a nonpublic school or	28479
facility shall be provided special education and related services,	28480
in accordance with an individualized education program, at no cost	28481
for those services, if the child is placed in, or referred to,	28482
that nonpublic school or facility by the department of education	28483
or a school district.	28484

The IEP team shall review the individualized education	28485
program of each child with a disability periodically, but at least	28486
annually, to determine whether the annual goals for the child are	28487
being achieved, and shall revise the individualized education	28488
program as appropriate.	28489

The state board shall establish procedures and standards to	28490
assure that to the maximum extent appropriate, ~~handicapped~~	28491
children with disabilities, including children in public or	28492
private institutions or other care facilities, shall be educated	28493
with children who are not ~~handicapped~~disabled. Special classes,	28494
separate schools, or other removal of children with disabilities	28495
from the regular educational environment shall be used only when	28496
the nature or severity of a child's disability is such that	28497
education in regular classes with supplementary aids and services	28498
cannot be achieved satisfactorily.	28499

If an agency directly affected by a placement decision	28500
objects to such decision, an ~~independent~~impartial hearing	28501
officer, appointed by the ~~school district and the objecting agency~~	28502
department of education from a list prepared by the ~~state~~	28503
department ~~of education in consultation with the department of~~	28504
~~mental health or the department of mental retardation and~~	28505
~~developmental disabilities~~, shall conduct a hearing to review the	28506
placement decision. The agencies that are parties to a hearing	28507
shall divide the costs of such hearing equally. The decision of	28508
the hearing officer shall be final, except that any party to the	28509
hearing who is aggrieved by the findings or the decision of the	28510
hearing officer may appeal the findings or decision in accordance	28511
with division (H) of section 3323.05 of the Revised Code or the	28512
parent of any child affected by such decision ~~or his parents~~ may	28513
present a complaint in accordance with that section ~~3323.05 of the~~	28514
~~Revised Code~~.	28515

Sec. 3323.041. To the extent consistent with the number and	28516
location of children with disabilities in the state who are	28517
enrolled by their parents in nonpublic elementary and secondary	28518
schools in the school district served by a board of education of a	28519
school district, provision is made for the participation of those	28520
children in the program for the education of children with	28521
disabilities which is assisted or carried out under Part B of the	28522
Individuals with Disabilities Education Improvement Act of 2004,	28523
P.L. 108-446. The district in which the nonpublic elementary or	28524
secondary school is located shall provide for such children	28525
special education and related services in accordance with Section	28526
612(a)(10) of the Individuals with Disabilities Education	28527
Improvement Act of 2004, 20 U.S.C. 1412(a)(10) and related	28528
provisions of the Code of Federal Regulations and in accordance	28529
with any rules adopted by the state board of education or	28530
guidelines issued by the superintendent of public instruction.	28531

Amounts to be expended for the provision of those services,	28532
including direct services to parentally placed nonpublic school	28533
children, by the school district shall be equal to a proportionate	28534
amount of federal funds made available under Part B of the	28535
Individuals with Disabilities Education Improvement Act of 2004.	28536
The school district shall exercise the following responsibilities	28537
towards parentally placed children with disabilities who attend	28538
nonpublic schools located in the school district: child find,	28539
timely and meaningful consultation, written affirmation of timely	28540
and meaningful consultation, compliance, and provision of	28541
equitable services, as provided by the Individuals with	28542
Disabilities Education Improvement Act of 2004 and related	28543
provisions of the Code of Federal Regulations and in accordance	28544
with any rules adopted by the state board of education or	28545
guidelines issued by the superintendent of public instruction.	28546

Sec. 3323.05. The state board of education shall establish	28547
procedures to ~~assure~~ensure that ~~handicapped~~ children with	28548
disabilities and their parents are guaranteed procedural	28549
safeguards ~~in decisions~~ under this chapter ~~relating to the~~	28550
~~identification, evaluation, or educational placement of a~~	28551
~~handicapped child or the provision of education or related~~	28552
~~services under this chapter~~with respect to a free appropriate	28553
public education.	28554

The procedures shall include, but need not be limited to:

28555

(A) An opportunity for the parents of a child with a	28556
disability to examine all ~~relevant~~ records related to the child	28557
and to participate in meetings with respect to identification,	28558
evaluation, orand educational placement of the child, and to	28559
obtain ~~at their own expense~~ an independent educational evaluation	28560
of the child;	28561

(B) Procedures to protect the rights of the child ~~when~~	28562
whenever the parents of the child are ~~unknown or unavailable~~not	28563
known, an agency after making reasonable efforts cannot find the	28564
parents, or ~~when~~ the child is a ward of the state, including the	28565
assignment, in accordance with section 3323.051 of the Revised	28566
Code, of an individual to act as a surrogate for the parents;	28567

(C) Prior written notice to the child's parents of ~~any~~a	28568
school district's proposal or refusal to initiate or change the	28569
identification, evaluation, or educational placement of the child,	28570
~~including notice of all procedures available under this section.~~	28571
~~The state board of education may establish procedures to provide~~	28572
~~for the written acknowledgment by the parent of a notice of a~~	28573
~~child's placement or change of placement. In cases when no written~~	28574
~~acknowledgment has been obtained, notice of placement or change of~~	28575
~~placement shall be made by certified mail. A parent's~~	28576
~~acknowledgment under this division does not negate his rights to~~	28577
~~present complaints and appeal a placement decision under this~~	28578
~~section~~or the provision of a free appropriate education for the	28579
child. The procedures established under this division shall:	28580

(1) Be designed to ensure that the written prior notice is in	28581
the native language of the parents, unless it clearly is not	28582
feasible to do so.	28583

(2) Specify that the prior written notice shall include:

28584

(a) A description of the action proposed or refused by the	28585
district;	28586

(b) An explanation of why the district proposes or refuses to	28587
take the action and a description of each evaluation procedure,	28588
assessment, record, or report the district used as a basis for the	28589
proposed or refused action;	28590

(c) A statement that the parents of a child with a disability	28591
have protection under the procedural safeguards and, if the notice	28592
is not in regard to an initial referral for evaluation, the means	28593
by which a copy of a description of the procedural safeguards can	28594
be obtained;	28595

(d) Sources for parents to contact to obtain assistance in	28596
understanding the provisions of Part B of the "Individuals with	28597
Disabilities Education Improvement Act of 2004";	28598

(e) A description of other options considered by the IEP team	28599
and the reason why those options were rejected;	28600

(f) A description of the factors that are relevant to the	28601
agency's proposal or refusal.	28602

(D) An opportunity for the ~~child or his~~child's parents to	28603
present complaints to the superintendent of the child's school	28604
district of residence with respect to any matter relating to the	28605
identification, evaluation, or educational placement of the child,	28606
or the provision of ~~special education~~a free appropriate public	28607
education under this chapter ~~to the superintendent of the school~~	28608
~~district of the child's residence~~. ~~Upon presentation of a~~	28609
~~complaint, the superintendent shall review the case, may conduct~~	28610
~~an informal hearing, and shall notify all parties of his decision.~~	28611
~~Where the child is placed in a program operated by a county board~~	28612
~~of mental retardation and developmental disabilities or other~~	28613
~~educational agency, the superintendent shall consult with the~~	28614
~~administrator of the agency involved. Any party aggrieved by the~~	28615
~~decision of the superintendent may present a formal complaint in~~	28616
~~writing to the board of education.~~	28617

~~(E) When a formal written complaint is received, an~~	28618
~~opportunity for the aggrieved party to receive a due process~~	28619
~~hearing conducted by an impartial hearing officer in accordance~~	28620
~~with standards and procedures adopted by the state board of~~	28621
~~education. No hearing shall be conducted by an employee of the~~	28622
~~board of education or any agency involved in the education or care~~	28623
~~of the child.~~	28624

AWithin twenty school days after receipt of a complaint, the	28625
district superintendent or the superintendent's designee, without	28626
undue delay and at a time and place convenient to all parties,	28627
shall review the case, may conduct an administrative review, and	28628
shall notify all parties in writing of the superintendent's or	28629
designee's decision. Where the child is placed in a program	28630
operated by a county MR/DD board or other educational agency, the	28631
superintendent shall consult with the administrator of that county	28632
MR/DD board or agency.	28633

Any party aggrieved by the decision of the district	28634
superintendent or the superintendent's designee may file a	28635
complaint with the state board as provided under division (E) of	28636
this section, request mediation as provided under division (F) of	28637
this section, or present a due process complaint notice and	28638
request for a due process hearing in writing to the superintendent	28639
of the district, with a copy to the state board, as provided under	28640
division (G) of this section.	28641

(E) An opportunity for a party to file a complaint with the	28642
state board of education with respect to the identification,	28643
evaluation, or educational placement of the child, or the	28644
provision of a free appropriate public education to such child.	28645
The department of education shall review and, where appropriate,	28646
investigate the complaint and issue findings.	28647

(F) An opportunity for parents and a school district to	28648
resolve through mediation disputes involving any matter.	28649

(1) The procedures established under this section shall	28650
ensure that the mediation process is voluntary on the part of the	28651
parties, is not used to deny or delay a parent's right to a due	28652
process hearing or to deny any other rights afforded under this	28653
chapter, and is conducted by a qualified and impartial mediator	28654
who is trained in effective mediation techniques.	28655

(2) A school district may establish procedures to offer to	28656
parents and schools that choose not to use the mediation process,	28657
an opportunity to meet, at a time and location convenient to the	28658
parents, with a disinterested party to encourage the use, and	28659
explain the benefits, of the mediation process to the parents. The	28660
disinterested party shall be an individual who is under contract	28661
with a parent training and information center or community parent	28662
resource center in the state or is under contract with an	28663
appropriate alternative dispute resolution entity.	28664

(3) The department shall maintain a list of individuals who	28665
are qualified mediators and knowledgeable in laws and regulations	28666
relating to the provision of special education and related	28667
services.	28668

(4) The department shall bear the cost of the mediation	28669
process, including the costs of meetings described in division	28670
(F)(2) of this section.	28671

(5) Each session in the mediation process shall be scheduled	28672
in a timely manner and shall be held in a location that is	28673
convenient to the parties to the dispute.	28674

(6) Discussions that occur during the mediation process shall	28675
be confidential and shall not be used as evidence in any	28676
subsequent due process hearing or civil proceeding.	28677

(7) In the case that a resolution is reached to resolve the	28678
complaint through the mediation process, the parties shall execute	28679
a legally binding agreement that sets forth the resolution and	28680
that:	28681

(a) States that all discussions that occurred during the	28682
mediation process shall be confidential and shall not be used as	28683
evidence in any subsequent due process hearing or civil	28684
proceeding;	28685

(b) Is signed by both the parent and a representative for the	28686
school district who has the authority to bind the district;	28687

(c) Is enforceable in any state court of competent	28688
jurisdiction or in a district court of the United States.	28689

(G)(1) An opportunity for parents or a school district to	28690
present a due process complaint and request for a due process	28691
hearing to the superintendent of the school district of the	28692
child's residence with respect to the identification, evaluation,	28693
or educational placement of the child, or the provision of a free	28694
appropriate public education to the child. The party presenting	28695
the due process complaint and request for a due process hearing	28696
shall provide due process complaint notice to the other party and	28697
forward a copy of the notice to the state board. The due process	28698
complaint notice shall include:	28699

(a) The name of the child, the address of the residence of	28700
the child, or the available contact information in the case of a	28701
homeless child, and the name of the school the child is attending;	28702

(b) A description of the nature of the problem of the child	28703
relating to the proposed initiation or change, including facts	28704
relating to the problem;	28705

(c) A proposed resolution of the problem to the extent known	28706
and available to the party at the time.	28707

A party shall not have a due process hearing until the party,	28708
or the attorney representing the party, files a notice that meets	28709
the requirement for filing a due process complaint notice.	28710

A due process hearing shall be conducted by an impartial	28711
hearing officer in accordance with standards and procedures	28712
adopted by the state board. A hearing officer shall not be an	28713
employee of the state board or any agency involved in the	28714
education or care of the child or a person having a personal or	28715
professional interest that conflicts with the person's objectivity	28716
in the hearing. A hearing officer shall possess knowledge of, and	28717
the ability to understand, the provisions of the "Individuals with	28718
Disabilities Education Improvement Act of 2004," federal and state	28719
regulations pertaining to that act, and legal interpretations of	28720
that act by federal and state courts; possess the knowledge and	28721
ability to conduct hearings in accordance with appropriate	28722
standard legal practice; and possess the knowledge and ability to	28723
render and write decisions in accordance with appropriate standard	28724
legal practice. The due process requirements of section 615 of the	28725
"Individuals with Disabilities Education Improvement Act of 2004,"	28726
20 U.S.C. 1415, apply to due process complaint notices and	28727
requests for due process hearings and to due process hearings held	28728
under division (G) of this section, including, but not limited to,	28729
timelines for requesting hearings, requirements for sufficient	28730
complaint notices, resolution sessions, and sufficiency and	28731
hearing decisions.	28732

(2) Discussions that occur during a resolution session shall	28733
be confidential and shall not be used as evidence in any	28734
subsequent due process hearing or civil proceeding. If a	28735
resolution to the dispute is reached at a resolution session, the	28736
parties must execute a legally binding written settlement	28737
agreement which shall state that all discussions that occurred	28738
during the resolution process shall be confidential and shall not	28739
be used as evidence in any subsequent due process hearing or civil	28740
proceeding.	28741

(3) A party to a hearing under ~~this~~ division (G) of this	28742
section shall be accorded:	28743

~~(1)~~(a) The right to be accompanied and advised by counsel and	28744
by individuals with special knowledge or training with respect to	28745
the problems of ~~handicapped~~ children with disabilities;	28746

~~(2)~~(b) The right to present evidence and confront,	28747
cross-examine, and compel the attendance of witnesses;	28748

~~(3)~~(c) The right to a written or electronic verbatim record	28749
of ~~such~~the hearing;	28750

~~(4)~~(d) The right to written findings of fact and decisions,	28751
which findings of fact and decisions shall be made available to	28752
the public consistent with the requirements relating to the	28753
confidentiality of personally identifiable data, information, and	28754
records collected and maintained by state educational agencies and	28755
local educational agencies; and shall be transmitted to the	28756
advisory panel established and maintained by the department for	28757
the purpose of providing policy guidance with respect to special	28758
education and related services for children with disabilities in	28759
the state.	28760

~~(F)~~(H) An opportunity for any party aggrieved by the findings	28761
and decision rendered in a hearing under division ~~(E)~~(G) of this	28762
section to appeal within forty-five days of notification of the	28763
decision to the state board ~~of education~~, which shall appoint a	28764
~~reviewing~~state level officer who shall review the case and issue	28765
a final order. The ~~reviewing~~state level officer shall be	28766
appointed and shall review the case in accordance with standards	28767
and procedures adopted by the state board.	28768

Any party aggrieved by the final order of the ~~reviewing~~state	28769
level officer may appeal the final order, in accordance with	28770
Chapter 119. of the Revised Code, within forty-five days ofafter	28771
notification of the order to the court of common pleas of the	28772
county in which the child's school district of residence is	28773
located, ~~under Chapter 119. of the Revised Code~~or to a district	28774
court of the United States within ninety days after the date of	28775
the decision of the state level review officer, as provided in	28776
section 615(i)(2) of the "Individuals with Disabilities Education	28777
Improvement Act of 2004," 20 U.S.C. 1415(i)(2).	28778

Sec. 3323.051. No individual shall be assigned to act as a	28779
surrogate ~~parent~~for the parents of a child with a disability	28780
under division (B) of section 3323.05 of the Revised Code if he	28781
the individual is an employee of the department of education or	28782
the school district or any other agency involved in the education	28783
or care of the child or if hethe individual has any interest that	28784
conflicts with the interests of the child. If a conflict of	28785
interest arises subsequent to the assignment of a surrogate	28786
~~parent~~, the authority that made the assignment shall terminate it	28787
and assign another surrogate ~~parent~~. Neither the surrogate ~~parent~~	28788
nor the authority that assigned ~~him~~the surrogate shall be liable	28789
in civil damages for acts of the surrogate ~~parent~~ unless such acts	28790
constitute willful or wanton misconduct.	28791

Sec. 3323.052. Not later than January 31, 2008, the	28792
department of education shall develop a document that compares a	28793
parent's and child's rights under this chapter and 20 U.S.C. 1400	28794
et seq. with the parent's and child's rights under the special	28795
education scholarship pilot program, established in sections	28796
3310.51 to 3310.63 of the Revised Code, including the deadline for	28797
application for a scholarship or renewal of a scholarship and	28798
notice of that application to the child's school district,	28799
prescribed in division (C) of section 3310.52 of the Revised Code,	28800
and the provisions of divisions (A) and (B) of section 3310.53 of	28801
the Revised Code. The department shall revise that document as	28802
necessary to reflect any pertinent changes in state or federal	28803
statutory law, rule, or regulation enacted or adopted after the	28804
initial document is developed. The department and each school	28805
district shall ensure that the document prescribed in this section	28806
is included in, appended to, or otherwise distributed in	28807
conjunction with the notice required under 20 U.S.C. 1415(d), and	28808
any provision of the Code of Federal Regulations implementing that	28809
requirement, in the manner and at all the times specified for such	28810
notice in federal law or regulation. As used in this section, a	28811
"child's school district" means the school district in which the	28812
child is entitled to attend school under section 3313.64 or	28813
3313.65 of the Revised Code.	28814

Sec. 3323.06. (A) The state board of education shall	28815
develop, implement, provide general supervision of, and assure	28816
compliance with a state plan for the following:	28817

(1) The identification, location, and evaluation of all	28818
children with disabilities in the state;	28819

(2) The provision of special education and related services	28820
to ensure a free appropriate public education for all children	28821
with disabilities at least three years of age and less than	28822
twenty-two years of age, including children with disabilities who	28823
have been suspended or expelled from school;	28824

(3) The availability of special education and related	28825
services for children with disabilities under three years of age,	28826
as authorized by division (C) of this section and as specified in	28827
rules of the state board.	28828

The state plan shall provide assurances that the state board	28829
has in effect policies and procedures to ensure that the state	28830
meets the conditions specified in section 612 of the "Individuals	28831
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	28832
1412.	28833

(B) The state board shall establish and maintain an advisory	28834
panel for the purpose of providing policy guidance with respect to	28835
special education and related services for children with	28836
disabilities in the state. A majority of the members of the panel	28837
shall be individuals with disabilities or parents of children with	28838
disabilities representing all ages, birth through twenty-six years	28839
of age. The advisory panel shall meet the requirements of section	28840
612(a)(21) of the "Individuals with Disabilities Education	28841
Improvement Act of 2004," 20 U.S.C. 1412(a)(21), and related	28842
provisions of the Code of Federal Regulations. The panel shall	28843
advise the Ohio department of education of unmet needs within the	28844
state in the education of children with disabilities; comment	28845
publicly on rules proposed by that department regarding the	28846
education of children with disabilities; advise that department in	28847
developing evaluations and reporting on data to the United States	28848
secretary of education under section 618 of the act, 20 U.S.C.	28849
1418; advise the Ohio department in developing corrective action	28850
plans to address findings identified in federal monitoring reports	28851
under Part B of the act; and advise the Ohio department in	28852
developing and implementing policies relating to the coordination	28853
of services for children with disabilities.	28854

(C) In addition to the policies and procedures authorized	28855
under division (A) of this section, the state board may authorize	28856
school districts to establish and maintain special education and	28857
related services for children less than three years of age as	28858
specified in rules of the state board.	28859

(D) In the exercise of its general supervisory	28860
responsibility, the state board shall monitor the implementation	28861
of Part B of the "Individuals with Disabilities Education	28862
Improvement Act of 2004" by school districts. Monitoring	28863
activities shall include, but are not limited to, focused	28864
monitoring, investigations of complaints, and technical	28865
assistance. The primary focus of the state board's monitoring	28866
activities shall be improving educational results and functional	28867
outcomes for all children with disabilities and ensuring that the	28868
state board meets the program requirements under Part B, with a	28869
particular emphasis on those requirements that are most closely	28870
related to improving educational results for children with	28871
disabilities.	28872

Sec. 3323.07. The state board of education shall authorize	28873
the establishment and maintenance of ~~programs for the education of~~	28874
~~all handicapped children three to twenty-one years of age, and may~~	28875
~~authorize such programs for handicapped children under three years~~	28876
~~of age~~special education and related services for all children	28877
with disabilities who are at least three years of age and less	28878
than twenty-two years of age, including children with disabilities	28879
who have been suspended or expelled from school, and may authorize	28880
special education and related services for children with	28881
disabilities who are less than three years of age in accordance	28882
with rules adopted by the state board. The state board shall	28883
require the boards of education of school districts, shall	28884
authorize the department of mental health and the department of	28885
mental retardation and developmental disabilities, and may	28886
authorize any other educational agency, to establish and maintain	28887
such special ~~educational programs~~education and related services	28888
in accordance with standards adopted by the state board of	28889
~~education~~.	28890

Sec. 3323.08. (A) Each school district shall submit a plan	28891
to the superintendent of public instruction that provides	28892
assurances that the school district will provide for the education	28893
of children with disabilities within its jurisdiction and has in	28894
effect policies, procedures, and programs that are consistent with	28895
the policies and procedures adopted by the state board of	28896
education in accordance with section 612 of the "Individuals with	28897
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	28898
and that meet the conditions applicable to school districts under	28899
section 613 of that act, 20 U.S.C. 1413.	28900

Each district's plan shall do all of the following:

28901

(1) Provide, as specified in section 3323.11 of the Revised	28902
Code and in accordance with standards established by the state	28903
board, for an organizational structure and necessary and qualified	28904
staffing and supervision for the identification of and provision	28905
of special education and related services for children with	28906
disabilities;	28907

(2) Provide, as specified by section 3323.03 of the Revised	28908
Code and in accordance with standards established by the state	28909
board, for the identification, location, and evaluation of all	28910
children with disabilities residing in the district, including	28911
children with disabilities who are homeless children or are wards	28912
of the state and children with disabilities attending private	28913
schools and who are in need of special education and related	28914
services. A practical method shall be developed and implemented to	28915
determine which children with disabilities are currently receiving	28916
needed special education and related services.	28917

(3) Provide, as specified by section 3323.07 of the Revised	28918
Code and standards established by the state board, for the	28919
establishment and maintenance of special education and related	28920
services for children with disabilities who are at least three	28921
years of age and less than twenty-two years of age, including	28922
children with disabilities who have been suspended or expelled	28923
from school.	28924

(4) Provide, as specified by section 3323.04 of the Revised	28925
Code and in accordance with standards adopted by the state board,	28926
for an individualized education program for each child with a	28927
disability who is at least three years of age and less than	28928
twenty-two years of age residing within the district;	28929

(5) Provide, as specified by section 3323.02 of the Revised	28930
Code and in accordance with standards established by the state	28931
board, for special education and related services and a free	28932
appropriate public education for every child with a disability who	28933
is at least three years of age and less than twenty-two years of	28934
age, including children with disabilities who have been suspended	28935
or expelled from school;	28936

(6) Provide procedural safeguards and prior written notice as	28937
required under section 3323.05 of the Revised Code and the	28938
standards established by the state board;	28939

(7) Outline the steps that have been or are being taken to	28940
comply with standards established by the state board.	28941

(B)(1) A school district may arrange, by a cooperative	28942
agreement or contract with one or more school districts or with a	28943
cooperative education or joint vocational school district or an	28944
educational service center, to provide for the identification,	28945
location, and evaluation of children with disabilities, and to	28946
provide special education and related services for such children	28947
that meet the standards established by the state board. A school	28948
district may arrange, by a cooperative agreement or contract, for	28949
the provision of related services for children with disabilities	28950
that meet the standards established by the state board.	28951

(2) A school district shall arrange by interagency agreement	28952
with one or more school districts or with a cooperative education	28953
or joint vocational school district or an educational service	28954
center or other providers of early learning services to provide	28955
for the identification, location, evaluation of children with	28956
disabilities of ages birth through five years of age and for the	28957
transition of children with disabilities at age three in	28958
accordance with the standards established by the state board. A	28959
school district may arrange by interagency agreement with	28960
providers of early learning services to provide special education	28961
and related services for such children that meet the standards	28962
established by the state board.	28963

(3) If at the time an individualized education program is	28964
developed for a child a school district is not providing special	28965
education and related services required by that individualized	28966
education program, the school district may arrange by contract	28967
with a nonpublic entity for the provision of the special education	28968
and related services, provided the special education and related	28969
services meet the standards for special education and related	28970
services established by the state board and is provided within the	28971
state.	28972

(4) Any cooperative agreement or contract under division	28973
(B)(1) or (2) of this section involving a local school district	28974
shall be approved by the governing board of the educational	28975
service center which serves that district.	28976

(C) No plan of a local school district shall be submitted to	28977
the superintendent of public instruction until it has been	28978
approved by the superintendent of the educational service center	28979
which serves that district.	28980

(D) Upon approval of a school district's plan by the	28981
superintendent of public instruction, the district shall	28982
immediately certify students for state funds under section 3317.03	28983
of the Revised Code to implement and maintain such plan. The	28984
district also shall request approval of classroom units under	28985
division (B) of section 3317.05 of the Revised Code for which the	28986
district has adequately identified preschool children with	28987
disabilities and shall, in accordance with procedures adopted by	28988
the state board, request approval of units under division (C) of	28989
section 3317.05 of the Revised Code. The district shall, in	28990
accordance with guidelines adopted by the state board, identify	28991
problems relating to the provision of qualified personnel and	28992
adequate facilities, and indicate the extent to which the cost of	28993
programs required under the plan will exceed anticipated state	28994
reimbursement. Each school district shall immediately implement	28995
the identification, location, and evaluation of children with	28996
disabilities in accordance with this chapter, and shall implement	28997
those parts of the plan involving placement and provision of	28998
special education and related services.	28999

Sec. 3323.09. (A) As used in this section:

29000

(1) "Home" has the meaning given in section 3313.64 of the	29001
Revised Code;.	29002

(2) "Preschool child" means a child who is at least age three	29003
but under age six on the thirtieth day of September of an academic	29004
year.	29005

(B) Each county MR/DD board shall establish special education	29006
programs for all ~~handicapped~~ children with disabilities who in	29007
accordance with section 3323.04 of the Revised Code have been	29008
placed in special education programs operated by the county board	29009
and for preschool children who are developmentally delayed or at	29010
risk of being developmentally delayed. The board annually shall	29011
submit to the department of education a plan for the provision of	29012
these programs and, if applicable, a request for approval of units	29013
under section 3317.05 of the Revised Code. The superintendent of	29014
public instruction shall review the plan and approve or modify it	29015
in accordance with rules adopted by the state board of education	29016
under section 3301.07 of the Revised Code. The superintendent of	29017
public instruction shall compile the plans submitted by county	29018
boards and shall submit a comprehensive plan to the state board of	29019
~~education~~.	29020

A county MR/DD board may combine transportation for children	29021
enrolled in classes funded under section 3317.20 or units approved	29022
under section 3317.05 with transportation for children and adults	29023
enrolled in programs and services offered by the board under	29024
section 5126.12 of the Revised Code.	29025

(C) A county MR/DD board that during the school year provided	29026
special education pursuant to this section for any ~~mentally~~	29027
~~handicapped~~ child with mental disabilities under twenty-two years	29028
of age shall prepare and submit the following reports and	29029
statements:	29030

(1) The board shall prepare a statement for each child who at	29031
the time of receiving such special education was a resident of a	29032
home and was not in the legal or permanent custody of an Ohio	29033
resident or a government agency in this state, and whose natural	29034
or adoptive parents are not known to have been residents of this	29035
state subsequent to the child's birth. The statement shall contain	29036
the child's name, the name of the child's school district of	29037
residence, the name of the county board providing the special	29038
education, and the number of months, including any fraction of a	29039
month, it was provided. Not later than the thirtieth day of June,	29040
the board shall forward a certified copy of such statement to both	29041
the director of mental retardation and developmental disabilities	29042
and to the home.	29043

Within thirty days after its receipt of a statement, the home	29044
shall pay tuition to the county board computed in the manner	29045
prescribed by section 3323.141 of the Revised Code.	29046

(2) The board shall prepare a report for each school district	29047
that is the school district of residence of one or more of such	29048
children for whom statements are not required by division (C)(1)	29049
of this section. The report shall contain the name of the county	29050
board providing special education, the name of each child	29051
receiving special education, the number of months, including	29052
fractions of a month, that the child received it, and the name of	29053
the child's school district of residence. Not later than the	29054
thirtieth day of June, the board shall forward certified copies of	29055
each report to the school district named in the report, the	29056
superintendent of public instruction, and the director of mental	29057
retardation and developmental disabilities.	29058

Sec. 3323.091. (A) The department of mental health, the	29059
department of mental retardation and developmental disabilities,	29060
the department of youth services, and the department of	29061
rehabilitation and correction shall establish and maintain special	29062
education programs for ~~handicapped~~ children with disabilities in	29063
institutions under their jurisdiction according to standards	29064
adopted by the state board of education.	29065

(B) The superintendent of each state institution required to	29066
provide services under division (A) of this section, and each	29067
county MR/DD board, providing special education for ~~handicapped~~	29068
preschool children with disabilities under this chapter may apply	29069
to the state department of education for unit funding, which shall	29070
be paid in accordance with sections 3317.052 and 3317.053 of the	29071
Revised Code.	29072

The superintendent of each state institution required to	29073
provide services under division (A) of this section may apply to	29074
the department of education for special education and related	29075
services weighted funding for ~~handicapped~~ children with	29076
disabilities other than ~~handicapped~~ preschool children with	29077
disabilities, calculated in accordance with section 3317.201 of	29078
the Revised Code.	29079

Each county MR/DD board providing special education for	29080
~~handicapped~~ children with disabilities other than ~~handicapped~~	29081
preschool children with disabilities may apply to the department	29082
of education for base cost and special education and related	29083
services weighted funding calculated in accordance with section	29084
3317.20 of the Revised Code.	29085

(C) In addition to the authorization to apply for state	29086
funding described in division (B) of this section, each state	29087
institution required to provide services under division (A) of	29088
this section is entitled to tuition payments calculated in the	29089
manner described in division (C) of this section.	29090

On or before the thirtieth day of June of each year, the	29091
superintendent of each institution that during the school year	29092
provided special education pursuant to this section shall prepare	29093
a statement for each ~~handicapped~~ child with a disability under	29094
twenty-two years of age who has received special education. The	29095
statement shall contain the child's data verification code	29096
assigned pursuant to division (D)(2) of section 3301.0714 of the	29097
Revised Code and the name of the child's school district of	29098
residence. Within sixty days after receipt of such statement, the	29099
department of education shall perform one of the following:	29100

(1) For any child except a ~~handicapped~~ preschool child with a	29101
disability described in division (C)(2) of this section, pay to	29102
the institution submitting the statement an amount equal to the	29103
tuition calculated under division (A) of section 3317.08 of the	29104
Revised Code for the period covered by the statement, and deduct	29105
the same from the amount of state funds, if any, payable under	29106
sections 3317.022 and 3317.023 of the Revised Code, to the child's	29107
school district of residence or, if the amount of such state funds	29108
is insufficient, require the child's school district of residence	29109
to pay the institution submitting the statement an amount equal to	29110
the amount determined under this division.	29111

(2) For any ~~handicapped~~ preschool child with a disability not	29112
included in a unit approved under division (B) of section 3317.05	29113
of the Revised Code, perform the following:	29114

(a) Pay to the institution submitting the statement an amount	29115
equal to the tuition calculated under division (B) of section	29116
3317.08 of the Revised Code for the period covered by the	29117
statement, except that in calculating the tuition under that	29118
section the operating expenses of the institution submitting the	29119
statement under this section shall be used instead of the	29120
operating expenses of the school district of residence;	29121

(b) Deduct from the amount of state funds, if any, payable	29122
under sections 3317.022 and 3317.023 of the Revised Code to the	29123
child's school district of residence an amount equal to the amount	29124
paid under division (C)(2)(a) of this section.	29125

Sec. 3323.11. Each school district shall employ, as	29126
necessary, the personnel to meet the needs of the children with	29127
disabilities enrolled in its schools. Personnel shall possess	29128
appropriate qualifications and certificates or licenses as	29129
prescribed in rules of the state board of education. Teachers	29130
shall be "highly qualified," as that term is defined in section	29131
602(10) of the "Individuals with Disabilities Education	29132
Improvement Act of 2004," 20 U.S.C.1401(10).	29133

Sec. 3323.12. The board of education of a school district	29134
shall provide home instruction for ~~handicapped~~ children ~~three to~~	29135
~~twenty-one~~with disabilities who are at least three years of age	29136
and less than twenty-two years of age and who are unable to attend	29137
school, even with the help of special transportation. The board	29138
may arrange for the provision of home instruction for a child by a	29139
cooperative agreement or contract with a county MR/DD board of	29140
~~mental retardation and developmental disabilities~~ or other	29141
educational agency. For the purposes of determining formula ADM	29142
under section 3317.03 of the Revised Code, five hours of home	29143
instruction shall be equivalent to attendance for five school	29144
days.	29145

Sec. 3323.13. (A) If a child who is a school resident of one	29146
school district receives special education from another district,	29147
the board of education of the district providing the education,	29148
subject to division (C) of this section, may require the payment	29149
by the board of education of the district of residence of a sum	29150
not to exceed one of the following, as applicable:	29151

(1) For any child except a ~~handicapped~~ preschool child with a	29152
disability described in division (A)(2) of this section, the	29153
tuition of the district providing the education for a child of	29154
normal needs of the same school grade. The determination of the	29155
amount of such tuition shall be in the manner provided for by	29156
division (A) of section 3317.08 of the Revised Code.	29157

(2) For any ~~handicapped~~ preschool child with a disability not	29158
included in a unit approved under division (B) of section 3317.05	29159
of the Revised Code, the tuition of the district providing the	29160
education for the child as calculated under division (B) of	29161
section 3317.08 of the Revised Code.	29162

(B) The board of the district of residence may contract with	29163
the board of another district for the transportation of such child	29164
into any school in such other district, on terms agreed upon by	29165
such boards. Upon direction of the state board of education, the	29166
board of the district of residence shall pay for the child's	29167
transportation and the tuition.	29168

(C) The board of education of a district providing the	29169
education for a child shall be entitled to require payment from	29170
the district of residence under this section or section 3323.14 of	29171
the Revised Code only if the district providing the education has	29172
done at least one of the following:	29173

(1) Invited the district of residence to send representatives	29174
to attend the meetings of the team developing the child's	29175
individualized education program;	29176

(2) Received from the district of residence a copy of the	29177
individualized education program or a ~~multi-factored~~multifactored	29178
evaluation developed for the child by the district of residence;	29179

(3) Informed the district of residence in writing that the	29180
district is providing the education for the child.	29181

As used in division (C)(2) of this section, "~~multi-factored~~	29182
multifactored evaluation" means an evaluation, conducted by a	29183
~~multi-disciplinary~~multidisciplinary team, of more than one area	29184
of the child's functioning so that no single procedure shall be	29185
the sole criterion for determining an appropriate educational	29186
program placement for the child.	29187

Sec. 3323.14. This section does not apply to any ~~handicapped~~	29188
preschool child with a disability except if included in a unit	29189
approved under division (B) of section 3317.05 of the Revised	29190
Code.	29191

(A) Where a child who is a school resident of one school	29192
district receives special education from another district and the	29193
per capita cost to the educating district for that child exceeds	29194
the sum of the amount received by the educating district for that	29195
child under division (A) of section 3317.08 of the Revised Code	29196
and the amount received by the district from the state board of	29197
education for that child, then the board of education of the	29198
district of residence shall pay to the board of the school	29199
district that is providing the special education such excess cost	29200
as is determined by using a formula approved by the department of	29201
education and agreed upon in contracts entered into by the boards	29202
of the ~~district~~districts concerned at the time the district	29203
providing such special education accepts the child for enrollment.	29204
The department ~~of education~~ shall certify the amount of the	29205
payments under Chapter 3317. of the Revised Code for such	29206
~~handicapped~~ pupils with disabilities for each school year ending	29207
on the thirtieth day of July.	29208

(B) In the case of a child described in division (A) of this	29209
section who has been placed in a home, as defined in section	29210
3313.64 of the Revised Code, pursuant to the order of a court and	29211
who is not subject to section 3323.141 of the Revised Code, the	29212
district providing the child with special education and related	29213
services may charge to the child's district of residence the	29214
excess cost determined by formula approved by the department,	29215
regardless of whether the district of residence has entered into a	29216
contract with the district providing the services. If the district	29217
providing the services chooses to charge excess costs, the	29218
district may report the amount calculated under this division to	29219
the department.	29220

(C) If a district providing special education for a child	29221
reports an amount for the excess cost of those services, as	29222
authorized and calculated under division (A) or (B) of this	29223
section, the department shall pay that amount of excess cost to	29224
the district providing the services and shall deduct that amount	29225
from the child's district of residence in accordance with division	29226
(N) of section 3317.023 of the Revised Code.	29227

Sec. 3323.141. (A) When a child who is not in the legal or	29228
permanent custody of an Ohio resident or a government agency in	29229
this state and whose natural or adoptive parents are not known to	29230
have been residents of this state subsequent to the child's birth	29231
is a resident of a home as defined in section 3313.64 of the	29232
Revised Code and receives special education and related services	29233
from a school district or county MR/DD board ~~of mental retardation~~	29234
~~and developmental disabilities~~, the home shall pay tuition to the	29235
board providing the special education.	29236

(B) In the case of a child described in division (A) of this	29237
section who receives special education and related services from a	29238
school district, tuition shall be the amount determined under	29239
division (B)(1) or (2) of this section.	29240

(1) For a child other than a child described in division	29241
(B)(2) of this section the tuition shall be an amount equal to the	29242
sum of the following:	29243

(a) Tuition as determined in the manner provided for by	29244
division (B) of section 3317.081 of the Revised Code for the	29245
district that provides the special education;	29246

(b) Such excess cost as is determined by using a formula	29247
established by rule of the department of education. The excess	29248
cost computed in this section shall not be used as excess cost	29249
computed under section 3323.14 of the Revised Code.	29250

(2) For a child who is a ~~handicapped~~ preschool child with a	29251
disability not included in a unit approved under division (B) of	29252
section 3317.05 of the Revised Code, the tuition shall be computed	29253
as follows:	29254

(a) Determine the amount of the tuition of the district	29255
providing the education for the child as calculated under division	29256
(B) of section 3317.08 of the Revised Code;	29257

(b) For each type of special education service included in	29258
the computation of the amount of tuition under division (B)(2)(a)	29259
of this section, divide the amount determined for that computation	29260
under division (B)(2) of section 3317.08 of the Revised Code by	29261
the total number of ~~handicapped~~ preschool children with	29262
disabilities used for that computation under division (B)(3) of	29263
section 3317.08 of the Revised Code;	29264

(c) Determine the sum of the quotients obtained under	29265
division (B)(2)(b) of this section;	29266

(d) Determine the sum of the amounts determined under	29267
divisions (B)(2)(a) and (c) of this section.	29268

(C) In the case of a child described in division (A) of this	29269
section who receives special education and related services from a	29270
county MR/DD board ~~of mental retardation and developmental~~	29271
~~disabilities~~, tuition shall be the amount determined under	29272
division (C)(1) or (2) of this section.	29273

(1) For a child other than a child described in division	29274
(C)(2) of this section, the tuition shall be an amount equal to	29275
such board's per capita cost of providing special education and	29276
related services for children at least three but less than	29277
twenty-two years of age as determined by using a formula	29278
established by rule of the department of mental retardation and	29279
developmental disabilities.	29280

(2) For a child who is a ~~handicapped~~ preschool child with a	29281
disability not included in a unit approved under division (B) of	29282
section 3317.05 of the Revised Code, the tuition shall equal the	29283
sum of the amounts of each such board's per capita cost of	29284
providing each of the special education or related service that	29285
the child receives. The calculation of tuition shall be made by	29286
using a formula established by rule of the department of mental	29287
retardation and developmental disabilities. The formula for the	29288
calculation of per capita costs under division (C)(2) of this	29289
section shall be based only on each such MR/DD board's cost of	29290
providing each type of special education or related service to	29291
~~handicapped~~ preschool children with disabilities not included in a	29292
unit approved under division (B) of section 3317.05 of the Revised	29293
Code.	29294

(D) If a home fails to pay the tuition required under this	29295
section, the board of education or county MR/DD board ~~of mental~~	29296
~~retardation and developmental disabilities~~ providing the education	29297
may recover in a civil action the tuition and the expenses	29298
incurred in prosecuting the action, including court costs and	29299
reasonable attorney's fees. If the prosecuting attorney or city	29300
director of law represents the board in such action, costs and	29301
reasonable attorney's fees awarded by the court, based upon the	29302
time spent preparing and presenting the case by the prosecuting	29303
attorney, director, or a designee of either, shall be deposited in	29304
the county or city general fund.	29305

Sec. 3323.142. This section does not apply to any	29306
~~handicapped~~ preschool child with a disability except if included	29307
in a unit approved under division (B) of section 3317.05 of the	29308
Revised Code.	29309

As used in this section, "per pupil amount" for a ~~handicapped~~	29310
preschool child with a disability included in such an approved	29311
unit means the amount determined by dividing the amount received	29312
for the classroom unit in which the child has been placed by the	29313
number of children in the unit. For any other child, "per pupil	29314
amount" means the amount paid for the child under section 3317.20	29315
of the Revised Code.	29316

When a school district places or has placed a child with a	29317
county MR/DD board for special education, but another district is	29318
responsible for tuition under section 3313.64 or 3313.65 of the	29319
Revised Code and the child is not a resident of the territory	29320
served by the county MR/DD board, the board may charge the	29321
district responsible for tuition with the educational costs in	29322
excess of the per pupil amount received by the board under Chapter	29323
3317. of the Revised Code. The amount of the excess cost shall be	29324
determined by the formula established by rule of the department of	29325
education under section 3323.14 of the Revised Code, and the	29326
payment for such excess cost shall be made by the school district	29327
directly to the county MR/DD board.	29328

A school district board of education and the county MR/DD	29329
board that serves the school district may negotiate and contract,	29330
at or after the time of placement, for payments by the board of	29331
education to the county MR/DD board for additional services	29332
provided to a child placed with the county MR/DD board and whose	29333
individualized education program established pursuant to section	29334
3323.08 of the Revised Code requires additional services that are	29335
not routinely provided children in the county MR/DD board's	29336
program but are necessary to maintain the child's enrollment and	29337
participation in the program. Additional services may include, but	29338
are not limited to, specialized supplies and equipment for the	29339
benefit of the child and instruction, training, or assistance	29340
provided by staff members other than staff members for which	29341
funding is received under Chapter 3317. of the Revised Code.	29342

Sec. 3323.143. If a ~~handicapped child's~~child with a	29343
disability's custodial parent has made a unilateral placement of	29344
the child, the parent shall be responsible for payment of tuition	29345
to the program or facility the child is attending as a result of	29346
that placement as long as the district of residence has offered a	29347
free appropriate public education to that child. As used in this	29348
section, "unilateral placement" means withdrawing a ~~handicapped~~	29349
child with a disability from a program or facility operated by the	29350
district of residence or from a program or facility with which the	29351
district of residence has arranged for education of the child and	29352
instead enrolling that child in another program or facility that	29353
is not a home, as defined in section 3313.64 of the Revised Code,	29354
or that is not a facility or program available to the child	29355
pursuant to an open enrollment policy under section 3313.98 or	29356
3313.983 of the Revised Code.	29357

Sec. 3323.15. The state board of education may arrange to	29358
pay to any board of education, the board for any ~~handicapped~~	29359
children with disabilities who are not residents of the district	29360
but for whom the district is providing special education. Payments	29361
shall be made in accordance with rules and standards of the state	29362
board of education.	29363

Sec. 3323.17. The department of education shall:

29364

(A) Provide supervision and technical assistance to school	29365
districts in all accepted methods of educating ~~handicapped~~	29366
children with disabilities who ~~are deaf or hard of hearing~~have	29367
hearing impairments, including the oral, manual, and total	29368
communication methods, with no demonstrable bias toward any one	29369
method over another;	29370

(B) Consult with employees of school districts and chartered	29371
nonpublic schools who confer with the parents of ~~deaf or hard of~~	29372
hearing ~~handicapped~~impaired children about ~~such~~their children's	29373
education;	29374

(C) Consult with chartered nonpublic schools and consult with	29375
and provide technical assistance to school districts that are or	29376
may be interested in integrating sign language into their	29377
curricula and that offer or may be interested in offering American	29378
sign language as a foreign language;	29379

(D) Consult with school districts and chartered nonpublic	29380
schools that use interpreters in classrooms and with any other	29381
interested school districts or chartered nonpublic schools about	29382
how to obtain the best interpreters and how interpreters can	29383
improve their skills.	29384

Sec. 3323.18. If any special education program provided	29385
pursuant to this chapter or Chapter 3325. of the Revised Code	29386
serves a student with a visual ~~disability~~impairment for whom	29387
instruction in braille reading and writing is specified as	29388
appropriate pursuant to division (A)(2) of section 3323.011 of the	29389
Revised Code, the entity providing the program shall integrate the	29390
use of braille reading and writing into the student's entire	29391
curriculum and other classroom activities in such a manner that	29392
braille reading and writing becomes an effective learning tool for	29393
the student.	29394

Sec. 3323.20. On July 1, 2006, and on each first day of July	29395
thereafter, the department of education shall electronically	29396
report to the general assembly the number of ~~handicapped~~ preschool	29397
children with disabilities who received services for which the	29398
department made a payment to any provider during the previous	29399
fiscal year, disaggregated according to each area of developmental	29400
deficiency identified by the department for the evaluation of such	29401
children.	29402

Sec. 3323.30. The Ohio center for autism and low incidence	29403
is hereby established within the department of education's office	29404
for exceptional children, or any successor of that office. The	29405
center shall administer programs and coordinate services for	29406
infants, preschool and school-age children, and adults with autism	29407
and low incidence disabilities. The center's principal focus shall	29408
be programs and services for persons with autism. The center shall	29409
be under the direction of an executive director, appointed by the	29410
superintendent of public instruction in consultation with the	29411
advisory board established under section 3323.31 of the Revised	29412
Code. The department shall use state and federal funds	29413
appropriated to the department for operation of the center.	29414

As used in this section and in sections 3323.31 to 3323.33 of	29415
the Revised Code, "autism and low incidence disabilities" includes	29416
any of the following:	29417

(A) Autism;

29418

(B) ~~Deafness or hearing handicap~~Hearing impairment;

29419

29420

(D) Orthopedic ~~handicap~~disability;

29421

(E) Other health ~~handicap~~impairment;

29422

(F) Traumatic brain injury;

29423

(G) Visual ~~disability~~impairment.

29424

Sec. 3325.011. Subject to the regulations adopted by the	29425
state board of education, the state school for the deaf shall be	29426
open to receive persons who are deaf, partially deaf, and both	29427
blind and deaf residents of this state, who, in the judgment of	29428
the superintendent of public instruction and the superintendent of	29429
the school for the deaf, due to such ~~handicap~~disability, cannot	29430
be educated in the public school system and are suitable persons	29431
to receive instructions according to the methods employed in such	29432
school. The superintendent of the school for the deaf may pay the	29433
expenses necessary for the instruction of children who are both	29434
blind and deaf, who are resident of this state, in any suitable	29435
institution.	29436

Sec. 3325.02. Subject to the regulations adopted by the	29437
state board of education, the state school for the blind shall be	29438
open to receive such blind and partially blind persons, residents	29439
of this state, who, in the judgment of the superintendent of	29440
public instruction and the superintendent of the school for the	29441
blind, due to such ~~handicap~~disability, cannot be educated in the	29442
public school system and are suitable persons to receive	29443
instructions according to the methods employed in such school.	29444

Sec. 3326.01. As used in this chapter, "STEM" is an	29445
abbreviation of "science, technology, engineering, and	29446
mathematics."	29447

Sec. 3326.02. There is hereby established a STEM subcommittee	29448
of the partnership for continued learning consisting of the	29449
following members:	29450

(A) The superintendent of public instruction;

29451

(B) The chancellor of the Ohio board of regents;

29452

29453

(D) Four members of the public, two of whom shall be	29454
appointed by the governor, one of whom shall be appointed by the	29455
speaker of the house of representatives, and one of whom shall be	29456
appointed by the president of the senate. Members of the public	29457
shall be appointed based on their expertise in business or in	29458
STEM fields and shall not be at-large members of the partnership	29459
for continued learning. The initial members of the subcommittee	29460
shall be appointed under division (D) of this section not later	29461
than forty-five days after the effective date of this section.	29462

All members of the subcommittee appointed under division (D)	29463
of this section shall serve at the pleasure of their appointing	29464
authority.	29465

Members of the subcommittee shall receive no compensation for	29466
their services.	29467

Sec. 3326.03. (A) The STEM subcommittee shall authorize the	29468
establishment of and award grants to science, technology,	29469
engineering, and mathematics schools through a request for	29470
proposals.	29471

The STEM subcommittee may approve up to five STEM schools to	29472
operate under this chapter in the school year that begins July 1,	29473
2008. The limit prescribed in this paragraph does not affect the	29474
number of schools that may be approved for operation in subsequent	29475
school years.	29476

No STEM school established under this chapter may open for	29477
instruction earlier than July 1, 2008.	29478

The subcommittee shall determine the criteria for the	29479
proposals, accept and evaluate the proposals, and choose which	29480
proposals to approve to become a STEM school and to receive	29481
grants. In approving proposals for STEM schools, the subcommittee	29482
shall consider locating the schools in diverse geographic regions	29483
of the state so that all students have access to a STEM school.	29484

(B) Proposals may be submitted only by a partnership of	29485
public and private entities consisting of at least all of the	29486
following:	29487

(1) A city, exempted village, local, or joint vocational	29488
school district;	29489

(2) Higher education entities;

29490

(3) Business organizations.

29491

29492

(1) Assurances that the STEM school will be under the	29493
oversight of a governing body and a description of the members of	29494
that governing body and how they will be selected;	29495

(2) Assurances that the STEM school will operate in	29496
compliance with this chapter and the provisions of the proposal as	29497
accepted by the subcommittee;	29498

(3) Evidence that the school will offer a rigorous, diverse,	29499
integrated, and project-based curriculum to students in any of	29500
grades six through twelve, with the goal to prepare those	29501
students for college, the workforce, and citizenship, and that	29502
does all of the following:	29503

(a) Emphasizes the role of science, technology, engineering,	29504
and mathematics in promoting innovation and economic progress;	29505

(b) Incorporates scientific inquiry and technological design;

29506

29507

(d) Emphasizes personalized learning and teamwork skills.

29508

(4) Evidence that the school will attract school leaders who	29509
support the curriculum principles of division (C)(3) of this	29510
section;	29511

(5) A description of how the school's curriculum will be	29512
developed and approved in accordance with section 3326.09 of the	29513
Revised Code;	29514

(6) Evidence that the school will utilize an established	29515
capacity to capture and share knowledge for best practices and	29516
innovative professional development;	29517

(7) Evidence that the school will operate in collaboration	29518
with a partnership that includes institutions of higher education	29519
and businesses;	29520

(8) Assurances that the school has received commitments of	29521
sustained and verifiable fiscal and in-kind support from regional	29522
education and business entities;	29523

(9) A description of how the school's assets will be	29524
distributed if the school closes for any reason.	29525

Sec. 3326.04. (A) The STEM subcommittee shall award grants to	29526
support the operation of STEM programs of excellence to serve	29527
students in any of grades kindergarten through eight through a	29528
request for proposals.	29529

(B) Proposals may be submitted by any of the following:

29530

(1) The board of education of a city, exempted village, or	29531
local school district;	29532

(2) The governing authority of a community school established	29533
under Chapter 3314. of the Revised Code.	29534

(C) Each proposal shall demonstrate to the satisfaction of	29535
the STEM subcommittee that the program meets at least the	29536
following standards:	29537

(1) The program will serve all students enrolled in the	29538
district or school in the grades for which the program is	29539
designed.	29540

(2) The program will offer a rigorous and diverse curriculum	29541
that is based on scientific inquiry and technological design, that	29542
emphasizes personalized learning and teamwork skills, and that	29543
will expose students to advanced scientific concepts within and	29544
outside the classroom.	29545

(3) The program will not limit participation of students on	29546
the basis of intellectual ability, measures of achievement, or	29547
aptitude.	29548

(4) The program will utilize an established capacity to	29549
capture and share knowledge for best practices and innovative	29550
professional development.	29551

(5) The program will operate in collaboration with a	29552
partnership that includes institutions of higher education and	29553
businesses.	29554

(6) The program will include teacher professional development	29555
strategies that are augmented by community and business partners.	29556

(D) The STEM subcommittee shall give priority to proposals	29557
for new or expanding innovative programs.	29558

Sec. 3326.05. The partnership for continued learning, through	29559
the STEM subcommittee, may make recommendations to the general	29560
assembly and the governor for the training of STEM educators.	29561

Sec. 3326.06. The partnership for continued learning, through	29562
the STEM subcommittee, shall work with an Ohio-based nonprofit	29563
enterprise selected by the subcommittee to support the strategic	29564
and operational coordination of public and private STEM education	29565
initiatives and resources focused on curriculum development,	29566
instruction, assessment, teacher quality enhancement, leadership	29567
recruitment and training, and community engagement. The nonprofit	29568
enterprise selected by the STEM subcommittee shall have the proven	29569
ability to accumulate resources to enhance education quality	29570
across the educational continuum, from preschool to college, shall	29571
have experience in large-scale management of science and	29572
technology resources, and shall have a documented institutional	29573
mission to advance STEM education.	29574

Sec. 3326.07. Each science, technology, engineering, and	29575
mathematics school established under this chapter is a public	29576
school, is part of the state's program of education, and may	29577
continue in operation for as long as the school is in compliance	29578
with the provisions of this chapter and with the proposal for its	29579
establishment as approved by the STEM subcommittee. If the school	29580
closes for any reason, its assets shall be distributed in the	29581
manner provided in the proposal for its establishment as required	29582
by division (C)(9) of section 3326.03 of the Revised Code.	29583

Sec. 3326.08. (A) The governing body of each science,	29584
technology, engineering, and mathematics school shall employ and	29585
fix the compensation for the administrative officers, teachers,	29586
and nonteaching employees of the STEM school necessary for the	29587
school to carry out its mission and shall oversee the operations	29588
of the school. The governing body of each STEM school shall	29589
employ a chief administrative officer to serve as the school's	29590
instructional and administrative leader. The chief administrative	29591
officer shall be granted the authority to oversee the recruitment,	29592
retention, and employment of teachers and nonteaching employees.	29593

(B) The department of education shall monitor the oversight	29594
of each STEM school exercised by the school's governing body and	29595
shall monitor the school's compliance with this chapter and with	29596
the proposal for the establishment of the school as it was	29597
approved by the STEM subcommittee of the partnership for	29598
continued learning under section 3326.04 of the Revised Code. If	29599
the department finds that the school is not in compliance with	29600
this chapter or with the proposal, the department shall consult	29601
with the STEM subcommittee, and the subcommittee may order the	29602
school to close on the last day of the school year in which the	29603
subcommittee issues its order.	29604

(C) The governing body of each STEM school shall comply with	29605
sections 121.22 and 149.43 of the Revised Code.	29606

Sec. 3326.09. Subject to approval by its governing body, the	29607
curriculum of each science, technology, engineering, and	29608
mathematics school shall be developed by a team that consists of	29609
at least the school's chief administrative officer, a teacher, a	29610
representative of the higher education institution that is a	29611
collaborating partner in the school, described in the proposal for	29612
establishment of the school as required by division (C)(7) of	29613
section 3326.03 of the Revised Code, and a member of the public	29614
with expertise in the application of science, technology,	29615
engineering, or mathematics.	29616

Sec. 3326.10. Each science, technology, engineering, and	29617
mathematics school shall adopt admission procedures that specify	29618
the following:	29619

(A)(1) Admission shall be open to individuals entitled and	29620
eligible to attend school pursuant to section 3313.64 or 3313.65	29621
of the Revised Code in a school district in the state.	29622

(2) Students who are not residents of Ohio shall not be	29623
permitted to enroll in a science, technology, engineering, and	29624
mathematics school.	29625

(B) There will be no discrimination in the admission of	29626
students to the school on the basis of race, creed, color,	29627
disability, or sex.	29628

(C) The school will comply with all federal and state laws	29629
regarding the education of students with disabilities.	29630

(D) The school will not limit admission to students on the	29631
basis of intellectual ability, measures of achievement or	29632
aptitude, or athletic or artistic ability; the school will assert	29633
its best effort to attract a diverse student body that reflects	29634
the community; and the school will recruit students from	29635
disadvantaged and underrepresented groups.	29636

Sec. 3326.11. Each science, technology, engineering, and	29637
mathematics school established under this chapter and its	29638
governing body shall comply with sections 9.90, 9.91, 109.65,	29639
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	29640
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	29641
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	29642
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	29643
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	29644
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	29645
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	29646
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.313,	29647
3319.314, 3319.315, 3319.32, 3319.321, 3319.35, 3319.39, 3319.45,	29648
3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191,	29649
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117.,	29650
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141.,	29651
and 4167. of the Revised Code as if it were a school district.	29652

Sec. 3326.12. Each science, technology, engineering, and	29653
mathematics school and its governing body shall comply with	29654
Chapter 3323. of the Revised Code as if it were a school	29655
district. The school district in which a STEM school student is	29656
entitled to attend school and the student's school district of	29657
residence, if different, are not obligated to provide the student	29658
with a free appropriate public education under Chapter 3323. of	29659
the Revised Code for as long as the student attends a STEM	29660
school.	29661

Sec. 3326.13. Teachers employed by a science, technology,	29662
engineering, and mathematics school shall be highly qualified	29663
teachers, as defined in section 3319.074 of the Revised Code, and	29664
shall be licensed under sections 3319.22 to 3319.31 of the	29665
Revised Code and rules of the state board of education	29666
implementing those sections.	29667

Sec. 3326.14. Each science, technology, engineering, and	29668
mathematics school and its governing body shall administer the	29669
tests required by sections 3301.0710 and 3301.0711 of the Revised	29670
Code, as if it were a school district, except that,	29671
notwithstanding any provision of those sections to the contrary,	29672
any student enrolled in a grade lower than the tenth grade in a	29673
STEM school may take one or more of the Ohio graduation tests	29674
prescribed under division (B) of section 3301.0710 of the Revised	29675
Code on any of the dates prescribed in division (C)(3) of that	29676
section.	29677

Sec. 3326.15. Each science, technology, engineering, and	29678
mathematics school and its governing body shall comply with	29679
section 3313.603 of the Revised Code as if it were a school	29680
district. However, a STEM school may permit a student to earn	29681
units of high school credit based on a demonstration of subject	29682
area competency instead of or in combination with completing	29683
hours of classroom instruction prior to the adoption by the	29684
state board of education of the plan for granting high school	29685
credit based on competency, as required by division (J) of that	29686
section. Upon adoption of the plan, each STEM school shall comply	29687
with that plan and award units of high school credit in	29688
accordance with the plan.	29689

Sec. 3326.16. Each science, technology, engineering, and	29690
mathematics school and it governing body shall comply with all	29691
health and safety provisions of law applicable to school	29692
buildings.	29693

Sec. 3326.17. (A) The department of education shall issue an	29694
annual report card for each science, technology, engineering, and	29695
mathematics school that includes all information applicable to	29696
school buildings under section 3302.03 of the Revised Code.	29697

(B) For each student enrolled in a STEM school, the	29698
department shall combine data regarding the academic performance	29699
of that student with comparable data from the school district in	29700
which the student is entitled to attend school pursuant to section	29701
3313.64 or 3313.65 of the Revised Code for the purpose of	29702
calculating the performance of the district as a whole on the	29703
report card issued for the district under section 3302.03 of the	29704
Revised Code.	29705

(C) Each STEM school and its governing body shall comply with	29706
section 3302.04 of the Revised Code, including division (E) of	29707
that section to the extent possible, except that any action	29708
required to be taken by a school district pursuant to that	29709
section shall be taken by the school. However, the school shall	29710
not be required to take any action described in division (F) of	29711
that section.	29712

Sec. 3326.18. (A) Except as provided under division (B) of	29713
this section, employees of a science, technology, engineering, and	29714
mathematics school may organize and collectively bargain pursuant	29715
to Chapter 4117. of the Revised Code. Notwithstanding division	29716
(D)(1) of section 4117.06 of the Revised Code, a unit containing	29717
teaching and nonteaching employees employed under this section	29718
shall be considered an appropriate unit.	29719

(B) If a science, technology, engineering, and mathematics	29720
school is created by converting all or part of an existing school	29721
operated by a school district or an existing conversion community	29722
school established under Chapter 3314. of the Revised Code, at the	29723
time of conversion, the employees assigned to the STEM school	29724
shall remain part of any collective bargaining unit in which they	29725
were included immediately prior to the conversion and shall remain	29726
subject to any collective bargaining agreement for that unit in	29727
effect on the first day of July of the year in which the STEM	29728
school initially begins operation and shall be subject to any	29729
subsequent collective bargaining agreement for that unit, unless a	29730
petition is certified as sufficient under division (E) of this	29731
section with regard to those employees. Any new employees assigned	29732
to the STEM school also shall be included in the unit to which	29733
they would have been assigned had the conversion not taken place	29734
and shall be subject to the collective bargaining agreement for	29735
that unit unless a petition is certified as sufficient under	29736
division (E) of this section with regard to those employees.	29737

Notwithstanding division (B) of section 4117.01 of the	29738
Revised Code, the board of education of the school district that	29739
operated or sponsored the STEM school prior to conversion and not	29740
the STEM school shall be regarded, for purposes of Chapter 4117.	29741
of the Revised Code, as the "public employer" of the employees	29742
assigned to a conversion STEM school subject to a collective	29743
bargaining agreement pursuant to this division unless a petition	29744
is certified under division (E) of this section with regard to	29745
those employees. Only on and after the effective date of a	29746
petition certified as sufficient under division (E) of this	29747
section shall division (A) of this section apply to those	29748
employees and only on and after the effective date of that	29749
petition shall Chapter 4117. of the Revised Code apply to the	29750
school with regard to those employees.	29751

(C) Notwithstanding sections 4117.03 to 4117.18 of the	29752
Revised Code and Section 4 of Amended Substitute Senate Bill No.	29753
133 of the 115th general assembly, the employees assigned to a	29754
conversion STEM school who are subject to a collective bargaining	29755
agreement pursuant to division (B) of this section shall cease to	29756
be subject to that agreement and all subsequent agreements	29757
pursuant to that division and shall cease to be part of the	29758
collective bargaining unit that is subject to that and all	29759
subsequent agreements, if a majority of the employees assigned to	29760
the STEM school who are subject to that collective bargaining	29761
agreement sign and submit to the state employment relations board	29762
a petition requesting all of the following:	29763

(1) That all the employees assigned to the STEM school who	29764
are subject to that agreement be removed from the bargaining unit	29765
that is subject to that agreement and be designated by the state	29766
employment relations board as a new and separate bargaining unit	29767
for purposes of Chapter 4117. of the Revised Code;	29768

(2) That the employee organization certified as the exclusive	29769
representative of the employees of the bargaining unit from which	29770
the employees are to be removed be certified as the exclusive	29771
representative of the new and separate bargaining unit for	29772
purposes of Chapter 4117. of the Revised Code;	29773

(3) That the STEM school be regarded as the "public employer"	29774
of those employees for purposes of Chapter 4117. of the Revised	29775
Code.	29776

(D) Notwithstanding sections 4117.03 to 4117.18 of the	29777
Revised Code and Section 4 of Amended Substitute Senate Bill No.	29778
133 of the 115th general assembly, the employees assigned to a	29779
conversion STEM school who are subject to a collective bargaining	29780
agreement pursuant to division (B) of this section shall cease to	29781
be subject to that agreement and all subsequent agreements	29782
pursuant to that division, shall cease to be part of the	29783
collective bargaining unit that is subject to that and all	29784
subsequent agreements, and shall cease to be represented by any	29785
exclusive representative of that collective bargaining unit, if a	29786
majority of the employees assigned to the STEM school who are	29787
subject to that collective bargaining agreement sign and submit to	29788
the state employment relations board a petition requesting all of	29789
the following:	29790

(1) That all the employees assigned to the STEM school who	29791
are subject to that agreement be removed from the bargaining unit	29792
that is subject to that agreement;	29793

(2) That any employee organization certified as the exclusive	29794
representative of the employees of that bargaining unit be	29795
decertified as the exclusive representative of the employees	29796
assigned to the STEM school who are subject to that agreement;	29797

(3) That the STEM school be regarded as the "public employer"	29798
of those employees for purposes of Chapter 4117. of the Revised	29799
Code.	29800

(E) Upon receipt of a petition under division (C) or (D) of	29801
this section, the state employment relations board shall check the	29802
sufficiency of the signatures on the petition. If the signatures	29803
are found sufficient, the board shall certify the sufficiency of	29804
the petition and so notify the parties involved, including the	29805
board of education of the school district that operated or	29806
sponsored the STEM school prior to conversion, the STEM school,	29807
and any exclusive representative of the bargaining unit. The	29808
changes requested in a certified petition shall take effect on the	29809
first day of the month immediately following the date on which the	29810
sufficiency of the petition is certified under this division.	29811

Sec. 3326.19. The provisions of Chapter 124. of the Revised	29812
Code shall not apply to the employment of nonteaching employees by	29813
a science, technology, engineering, and mathematics school.	29814

Sec. 3326.20. (A) As used in this section, "native student"	29815
means a student entitled to attend school in the school district	29816
under section 3313.64 or 3313.65 of the Revised Code.	29817

(B) Unless the proposal for the establishment of a science,	29818
technology, engineering, and mathematics school, as it was	29819
approved by the STEM subcommittee of the partnership for	29820
continued learning under section 3326.03 of the Revised Code,	29821
otherwise provides for the transportation of students to and from	29822
the STEM school, the board of education of each city, local, and	29823
exempted village school district shall provide transportation to	29824
and from school for its district's native students enrolled in	29825
the STEM school in the same manner that section 3327.01 of the	29826
Revised Code requires for its native students enrolled in	29827
nonpublic schools.	29828

Sec. 3326.21. (A) Each science, technology, engineering, and	29829
mathematics school shall have a treasurer who is licensed under	29830
section 3301.074 of the Revised Code. The governing body of the	29831
school and the treasurer shall comply with sections 3301.072,	29832
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in	29833
the same manner as a school district board of education and a	29834
district treasurer.	29835

(B) Financial records of each STEM school shall be maintained	29836
in the same manner as are financial records of school districts,	29837
pursuant to rules of the auditor of state.	29838

Sec. 3326.22. Each science, technology, engineering, and	29839
mathematics school and its governing body shall enforce sections	29840
3321.13, 3321.19, and 3321.191 of the Revised Code as if it were a	29841
school district with regard to students who are truant or	29842
otherwise absent from the school without legitimate excuse.	29843

Sec. 3326.23. The governing body of each science,	29844
technology, engineering, and mathematics school annually shall	29845
provide the following assurances in writing to the department of	29846
education not later than ten business days prior to the opening	29847
of the school:	29848

(A) That the school has a plan for providing special	29849
education and related services to students with disabilities and	29850
has demonstrated the capacity to provide those services in	29851
accordance with Chapter 3323. of the Revised Code and federal	29852
law;	29853

(B) That the school has a plan and procedures for	29854
administering the achievement tests and diagnostic assessments	29855
prescribed by sections 3301.0710 and 3301.0715 of the Revised	29856
Code;	29857

(C) That school personnel have the necessary training,	29858
knowledge, and resources to properly use and submit information to	29859
all databases maintained by the department for the collection of	29860
education data, including the education management information	29861
system established under section 3301.0714 of the Revised Code;	29862

(D) That all required information about the school has been	29863
submitted to the Ohio education directory system or any successor	29864
system;	29865

(E) That all classroom teachers are licensed in accordance	29866
with sections 3319.22 to 3319.31 of the Revised Code or are	29867
engaged to teach pursuant to section 3319.301 of the Revised Code;	29868

(F) That the school's treasurer is in compliance with	29869
section 3326.21 of the Revised Code;	29870

(G) That the school has complied with section 3319.39 of the	29871
Revised Code with respect to all employees who are responsible for	29872
the care, custody, or control of a child and that the school has	29873
conducted a criminal records check of each of its governing body	29874
members;	29875

(H) That the school holds all of the following:

29876

(1) Proof of property ownership or a lease for the facilities	29877
used by the school;	29878

(2) A certificate of occupancy;

29879

(3) Liability insurance for the school, as required by	29880
section 3326.11 of the Revised Code;	29881

(4) A satisfactory health and safety inspection;

29882

(5) A satisfactory fire inspection;

29883

(6) A valid food permit, if applicable.

29884

(I) That the governing body has conducted a pre-opening site	29885
visit to the school for the school year for which the assurances	29886
are provided;	29887

(J) That the school has designated a date it will open for	29888
the school year for which the assurances are provided;	29889

(K) That the school has met all of the governing body's	29890
requirements for opening and any other requirements of the	29891
governing body.	29892

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	29893
Revised Code:	29894

(A) "Applicable special education weight" means the multiple	29895
specified in section 3317.013 of the Revised Code for a disability	29896
described in that section.	29897

(B) "Applicable vocational education weight" means the	29898
multiple specified in section 3317.014 of the Revised Code for	29899
vocational education programs or classes described in that	29900
section.	29901

(C) "Formula amount" has the same meaning as in section	29902
3317.02 of the Revised Code.	29903

(D) "IEP" means an individualized education program as	29904
defined in section 3323.01 of the Revised Code.	29905

(E) A student is "included in the poverty student count of	29906
the student's resident district" if the student's family receives	29907
assistance under the Ohio works first program.	29908

(F) "Resident district" means the school district in which a	29909
student is entitled to attend school under section 3313.64 or	29910
3313.65 of the Revised Code.	29911

(G) "State education aid" has the same meaning as in section	29912
5751.20 of the Revised Code.	29913

Sec. 3326.32. Each science, technology, engineering, and	29914
mathematics school shall report to the department of education, in	29915
the form and manner required by the department, all of the	29916
following information:	29917

(A) The total number of students enrolled in the school;

29918

(B) The number of students who are receiving special	29919
education and related services pursuant to an IEP;	29920

(C) For each student reported under division (B) of this	29921
section, which category specified in divisions (A) to (F) of	29922
section 3317.013 of the Revised Code applies to the student;	29923

(D) The full-time equivalent number of students who are	29924
enrolled in vocational education programs or classes described in	29925
each of divisions (A) and (B) of section 3317.014 of the Revised	29926
Code that are provided by the STEM school;	29927

(E) The resident district of each student;

29928

(F) Any additional information the department determines	29929
necessary to make payments under this chapter.	29930

Sec. 3326.33. For each student enrolled in a science,	29931
technology, engineering, and mathematics school established under	29932
this chapter, the department of education annually shall deduct	29933
from the state education aid of a student's resident school	29934
district and, if necessary, from the payment made to the district	29935
under sections 321.24 and 323.156 of the Revised Code and pay to	29936
the school the sum of the following:	29937

(A) The sum of the formula amount plus the per pupil amount	29938
of the base funding supplements specified in divisions (C)(1) to	29939
(4) of section 3317.012 of the Revised Code.	29940

(B) If the student is receiving special education and related	29941
services pursuant to an IEP, the product of the applicable special	29942
education weight times the formula amount;	29943

(C) If the student is enrolled in vocational education	29944
programs or classes that are described in section 3317.014 of the	29945
Revised Code, are provided by the school, and are comparable as	29946
determined by the superintendent of public instruction to school	29947
district vocational education programs and classes eligible for	29948
state weighted funding under section 3317.014 of the Revised Code,	29949
the product of the applicable vocational education weight times	29950
the formula amount times the percentage of time the student spends	29951
in the vocational education programs or classes;	29952

(D) If the student is included in the poverty student count	29953
of the student's resident district, the per pupil amount of the	29954
district's payment under division (C) of section 3317.029 of the	29955
Revised Code;	29956

(E) If the student is identified as limited English	29957
proficient and the student's resident district receives a payment	29958
for services to limited English proficient students under division	29959
(F) of section 3317.029 of the Revised Code, the per pupil amount	29960
of the district's payment under that division, calculated in the	29961
same manner as per pupil payments are calculated under division	29962
(C)(6) of section 3314.08 of the Revised Code;	29963

(F) If the student's resident district receives a payment	29964
under division (G), (H), or (I) of section 3317.029 of the Revised	29965
Code, the per pupil amount of the district's payments under each	29966
division, calculated in the same manner as per pupil payments are	29967
calculated under divisions (C)(7) and (8) of section 3314.08 of	29968
the Revised Code;	29969

(G) If the student's resident district receives a parity aid	29970
payment under section 3317.0217 of the Revised Code, the per pupil	29971
amount calculated for the district under division (C) or (D) of	29972
that section.	29973

Sec. 3326.34. If a science, technology, engineering, and	29974
mathematics school established under this chapter incurs costs for	29975
a fiscal year for a student receiving special education and	29976
related services pursuant to an IEP for a disability described in	29977
divisions (B) to (F) of section 3317.013 of the Revised Code that	29978
exceed the threshold catastrophic cost for serving the student as	29979
specified in division (C)(3)(b) of section 3317.022 of the Revised	29980
Code, the STEM school may submit to the superintendent of public	29981
instruction documentation, as prescribed by the superintendent, of	29982
all its costs for that student. Upon submission of documentation	29983
for a student of the type and in the manner prescribed, the	29984
department of education shall pay to the school an amount equal to	29985
the school's costs for the student in excess of the threshold	29986
catastrophic costs.	29987

The school shall only report under this section, and the	29988
department shall only pay for, the costs of educational expenses	29989
and the related services provided to the student in accordance	29990
with the student's IEP. Any legal fees, court costs, or other	29991
costs associated with any cause of action relating to the student	29992
may not be included in the amount.	29993

Sec. 3326.35. The department of education shall adjust the	29994
amounts paid under section 3326.33 of the Revised Code to reflect	29995
any enrollment of students in science, technology, engineering,	29996
and mathematics schools for less than the equivalent of a full	29997
school year.	29998

Sec. 3326.36. The department of education shall reduce the	29999
amounts paid to a science, technology, engineering, and	30000
mathematics school under section 3326.33 of the Revised Code to	30001
reflect payments made to colleges under division (B) of section	30002
3365.07 of the Revised Code. A student shall be considered	30003
enrolled in the school for any portion of the school year the	30004
student is attending a college under Chapter 3365. of the Revised	30005
Code.	30006

Sec. 3326.37. The department of education shall not pay to a	30007
science, technology, engineering, and mathematics school any	30008
amount for any of the following:	30009

(A) Any student who has graduated from the twelfth grade of a	30010
public or nonpublic school;	30011

(B) Any student who is not a resident of the state;

30012

(C) Any student who was enrolled in a STEM school during the	30013
previous school year when tests were administered under section	30014
3301.0711 of the Revised Code but did not take one or more of the	30015
tests required by that section and was not excused pursuant to	30016
division (C)(1) or (3) of that section, unless the superintendent	30017
of public instruction grants the student a waiver from the	30018
requirement to take the test. The superintendent may grant a	30019
waiver only for good cause in accordance with rules adopted by the	30020
state board of education.	30021

(D) Any student who has attained the age of twenty-two years,	30022
except for veterans of the armed services whose attendance was	30023
interrupted before completing the recognized twelve-year course of	30024
the public schools by reason of induction or enlistment in the	30025
armed forces and who apply for enrollment in a STEM school not	30026
later than four years after termination of war or their honorable	30027
discharge. If, however, any such veteran elects to enroll in	30028
special courses organized for veterans for whom tuition is paid	30029
under federal law, or otherwise, the department shall not pay to	30030
the school any amount for that veteran.	30031

Sec. 3326.38. A science, technology, engineering, and	30032
mathematics school may do all of the following:	30033

(A) Apply to the department of education for gifted unit	30034
funding;	30035

(B) Apply to any state or federal agency for grants that a	30036
school district or public school may receive under federal or	30037
state law or any appropriations act of the general assembly;	30038

(C) Apply to any private entity or foundation for additional	30039
funds.	30040

Sec. 3326.49. A science, technology, engineering, and	30041
mathematics school may not levy taxes or issue bonds secured by	30042
tax revenues.	30043

Sec. 3326.50. A science, technology, engineering, and	30044
mathematics school shall not charge tuition for any student	30045
enrolled in the school.	30046

Sec. 3327.01. Notwithstanding division (D) of section	30047
3311.19 and division (D) of section 3311.52 of the Revised Code,	30048
this section and sections 3327.011, 3327.012, and 3327.02 of the	30049
Revised Code do not apply to any joint vocational or cooperative	30050
education school district.	30051

In all city, local, and exempted village school districts	30052
where resident school pupils in grades kindergarten through eight	30053
live more than two miles from the school for which the state board	30054
of education prescribes minimum standards pursuant to division (D)	30055
of section 3301.07 of the Revised Code and to which they are	30056
assigned by the board of education of the district of residence or	30057
to and from the nonpublic or community school which they attend	30058
the board of education shall provide transportation for such	30059
pupils to and from such school except as provided in section	30060
3327.02 of the Revised Code.	30061

In all city, local, and exempted village school districts	30062
where pupil transportation is required under a career-technical	30063
plan approved by the state board of education under section	30064
3313.90 of the Revised Code, for any student attending a	30065
career-technical program operated by another school district,	30066
including a joint vocational school district, as prescribed under	30067
that section, the board of education of the student's district of	30068
residence shall provide transportation from the public high school	30069
operated by that district to which the student is assigned to the	30070
career-technical program.	30071

In all city, local, and exempted village school districts the	30072
board may provide transportation for resident school pupils in	30073
grades nine through twelve to and from the high school to which	30074
they are assigned by the board of education of the district of	30075
residence or to and from the nonpublic or community high school	30076
which they attend for which the state board of education	30077
prescribes minimum standards pursuant to division (D) of section	30078
3301.07 of the Revised Code.	30079

A board of education shall not be required to transport	30080
elementary or high school pupils to and from a nonpublic or	30081
community school where such transportation would require more than	30082
thirty minutes of direct travel time as measured by school bus	30083
from the public school building to which the pupils would be	30084
assigned if attending the public school designated by the district	30085
of residence.	30086

Where it is impractical to transport a pupil by school	30087
conveyance, a board of education may offer payment, in lieu of	30088
providing such transportation in accordance with section 3327.02	30089
of the Revised Code.	30090

In all city, local, and exempted village school districts the	30091
board shall provide transportation for all children who are so	30092
~~crippled~~disabled that they are unable to walk to and from the	30093
school for which the state board of education prescribes minimum	30094
standards pursuant to division (D) of section 3301.07 of the	30095
Revised Code and which they attend. In case of dispute whether the	30096
child is able to walk to and from the school, the health	30097
commissioner shall be the judge of such ability. In all city,	30098
exempted village, and local school districts the board shall	30099
provide transportation to and from school or special education	30100
classes for educable mentally retarded children in accordance with	30101
standards adopted by the state board of education.	30102

When transportation of pupils is provided the conveyance	30103
shall be run on a time schedule that shall be adopted and put in	30104
force by the board not later than ten days after the beginning of	30105
the school term.	30106

The cost of any transportation service authorized by this	30107
section shall be paid first out of federal funds, if any,	30108
available for the purpose of pupil transportation, and secondly	30109
out of state appropriations, in accordance with regulations	30110
adopted by the state board of education.	30111

No transportation of any pupils shall be provided by any	30112
board of education to or from any school which in the selection of	30113
pupils, faculty members, or employees, practices discrimination	30114
against any person on the grounds of race, color, religion, or	30115
national origin.	30116

Sec. 3327.05. (A) Except as provided in division (B) of this	30117
section, no board of education of any school district shall	30118
provide transportation for any pupil who is a school resident of	30119
another school district unless the pupil is enrolled pursuant to	30120
section 3313.98 of the Revised Code or the board of the other	30121
district has given its written consent thereto. If the board of	30122
any school district files with the state board of education a	30123
written complaint that transportation for resident pupils is being	30124
provided by the board of another school district contrary to this	30125
division, the state board of education shall make an investigation	30126
of such complaint. If the state board of education finds that	30127
transportation is being provided contrary to this section, it may	30128
withdraw from state funds due the offending district any part of	30129
the amount that has been approved for transportation pursuant to	30130
division (D) of section 3317.022 of the Revised Code.	30131

(B) Notwithstanding division (D) of section 3311.19 and	30132
division (D) of section 3311.52 of the Revised Code, this division	30133
does not apply to any joint vocational or cooperative education	30134
school district.	30135

A board of education may provide transportation to and from	30136
the nonpublic ~~high~~ school of attendance if both of the following	30137
apply:	30138

(1) The parent, guardian, or other person in charge of the	30139
pupil agrees to pay the board for all costs incurred in providing	30140
the transportation that are not reimbursed pursuant to Chapter	30141
3317. of the Revised Code;	30142

(2) The pupil's school district of residence does not provide	30143
transportation for public school pupils of the same grade as the	30144
pupil being transported under this division, or that district is	30145
not required under section 3327.01 of the Revised Code to	30146
transport the pupil to and from the nonpublic school because the	30147
direct travel time to the nonpublic school is more than thirty	30148
minutes.	30149

Upon receipt of the request to provide transportation, the	30150
board shall review the request and determine whether the board	30151
will accommodate the request. If the board agrees to transport the	30152
pupil, the board may transport the pupil to and from the nonpublic	30153
school and a collection point in the district, as determined by	30154
the board. If the board transports the pupil, the board may	30155
include the pupil in the district's transportation ADM reported to	30156
the department of education under section 3317.03 of the Revised	30157
Code and, accordingly, may receive a state payment under division	30158
(D) of section 3317.022 of the Revised Code for transporting the	30159
pupil.	30160

If the board declines to transport the pupil, the board, in a	30161
written communication to the parent, guardian, or other person in	30162
charge of the pupil, shall state the reasons for declining the	30163
request.	30164

Sec. 3327.16. Notwithstanding division (D) of section	30165
3311.19 and division (D) of section 3311.52 of the Revised Code,	30166
this section does not apply to any joint vocational or cooperative	30167
education school district or its superintendent.	30168

(A) The superintendent of each school district may establish	30169
a volunteer bus rider assistance program, under which qualified	30170
adults or responsible older pupils, as determined by the	30171
superintendent, may be authorized to ride on school buses with	30172
pupils during such periods of time that the buses are being used	30173
to transport pupils to and from schools. Volunteers shall not be	30174
compensated for their services, but older pupils may be excused	30175
early from school to participate in the program.	30176

Volunteers may be assigned duties or responsibilities by the	30177
superintendent, including but not limited to, assisting younger	30178
pupils in embarking and disembarking from buses and in crossing	30179
streets where necessary to ensure the safety of the pupil, aiding	30180
the driver of the bus to maintain order on buses, assisting	30181
~~handicapped~~ pupils with disabilities, and such other activities as	30182
the superintendent determines will aid in the safe and efficient	30183
transportation of pupils.	30184

Volunteers serving under this section are not employees for	30185
purposes of Chapter 4117. or 4123. of the Revised Code. Nothing in	30186
this section shall authorize a board of education to adversely	30187
affect the employment of any employee of the board.	30188

(B) The board of education of each city, local, or exempted	30189
village school district shall present a program to all pupils in	30190
kindergarten through third grade who are offered school bus	30191
transportation and who have not previously attended such program.	30192
The program shall consist of instruction in bus rider behavior,	30193
school bus safety, and the potential problems and hazards	30194
associated with school bus ridership. The department of education	30195
shall prescribe the content and length of such program, which	30196
shall be presented within two weeks after the commencement of	30197
classes each school year.	30198

Sec. 3327.17. The department of development shall establish a	30199
biodiesel school bus program under which the director of	30200
development shall make grants to school districts that use	30201
biodiesel fuel for pupil transportation to help offset incremental	30202
costs incurred by using biodiesel instead of one hundred per cent	30203
petroleum diesel.	30204

As used in this section, "biodiesel" has the same meaning as	30205
in section 122.075 of the Revised Code.	30206

Sec. 3333.04. The chancellor of the Ohio board of regents	30207
shall:	30208

(A) Make studies of state policy in the field of higher	30209
education and formulate a master plan for higher education for the	30210
state, considering the needs of the people, the needs of the	30211
state, and the role of individual public and private institutions	30212
within the state in fulfilling these needs;	30213

(B)(1) Report annually to the governor and the general	30214
assembly on the findings from the chancellor's studies and the	30215
master plan for higher education for the state;	30216

(2) Report at least semiannually to the general assembly and	30217
the governor the enrollment numbers at each state-assisted	30218
institution of higher education.	30219

(C) Approve or disapprove the establishment of new branches	30220
or academic centers of state colleges and universities;	30221

(D) Approve or disapprove the establishment of state	30222
technical colleges or any other state institution of higher	30223
education;	30224

(E) Recommend the nature of the programs, undergraduate,	30225
graduate, professional, state-financed research, and public	30226
services which should be offered by the state colleges,	30227
universities, and other state-assisted institutions of higher	30228
education in order to utilize to the best advantage their	30229
facilities and personnel;	30230

(F) Recommend to the state colleges, universities, and other	30231
state-assisted institutions of higher education graduate or	30232
professional programs, including, but not limited to, doctor of	30233
philosophy, doctor of education, and juris doctor programs, that	30234
could be eliminated because they constitute unnecessary	30235
duplication, as shall be determined using the process developed	30236
pursuant to this division, or for other good and sufficient cause.	30237
Prior to recommending a program for elimination, the chancellor	30238
shall request the board of regents to hold at least one public	30239
hearing on the matter and advise the chancellor on whether the	30240
program should be recommended for elimination. The board shall	30241
provide notice of each hearing within a reasonable amount of time	30242
prior to its scheduled date. Following the hearing, the board	30243
shall issue a recommendation to the chancellor. The chancellor	30244
shall consider the board's recommendation but shall not be	30245
required to accept it.	30246

For purposes of determining the amounts of any state	30247
instructional subsidies paid to state colleges, universities, and	30248
other state-assisted institutions of higher education, the	30249
chancellor may exclude students enrolled in any program that the	30250
chancellor has recommended for elimination pursuant to this	30251
division except that the chancellor shall not exclude any such	30252
student who enrolled in the program prior to the date on which the	30253
chancellor initially commences to exclude students under this	30254
division.	30255

The chancellor and state colleges, universities, and other	30256
state-assisted institutions of higher education shall jointly	30257
develop a process for determining which existing graduate or	30258
professional programs constitute unnecessary duplication.	30259

(G) Recommend to the state colleges, universities, and other	30260
state-assisted institutions of higher education programs which	30261
should be added to their present programs;	30262

(H) Conduct studies for the state colleges, universities, and	30263
other state-assisted institutions of higher education to assist	30264
them in making the best and most efficient use of their existing	30265
facilities and personnel;	30266

(I) Make recommendations to the governor and general assembly	30267
concerning the development of state-financed capital plans for	30268
higher education; the establishment of new state colleges,	30269
universities, and other state-assisted institutions of higher	30270
education; and the establishment of new programs at the existing	30271
state colleges, universities, and other institutions of higher	30272
education;	30273

(J) Review the appropriation requests of the public community	30274
colleges and the state colleges and universities and submit to the	30275
office of budget and management and to the chairpersons of the	30276
finance committees of the house of representatives and of the	30277
senate the chancellor's recommendations in regard to the biennial	30278
higher education appropriation for the state, including	30279
appropriations for the individual state colleges and universities	30280
and public community colleges. For the purpose of determining the	30281
amounts of instructional subsidies to be paid to state-assisted	30282
colleges and universities, the chancellor shall define "full-time	30283
equivalent student" by program per academic year. The definition	30284
may take into account the establishment of minimum enrollment	30285
levels in technical education programs below which support	30286
allowances will not be paid. Except as otherwise provided in this	30287
section, the chancellor shall make no change in the definition of	30288
"full-time equivalent student" in effect on November 15, 1981,	30289
which would increase or decrease the number of subsidy-eligible	30290
full-time equivalent students, without first submitting a fiscal	30291
impact statement to the president of the senate, the speaker of	30292
the house of representatives, the legislative service commission,	30293
and the director of budget and management. The chancellor shall	30294
work in close cooperation with the director of budget and	30295
management in this respect and in all other matters concerning the	30296
expenditures of appropriated funds by state colleges,	30297
universities, and other institutions of higher education.	30298

(K) Seek the cooperation and advice of the officers and	30299
trustees of both public and private colleges, universities, and	30300
other institutions of higher education in the state in performing	30301
the chancellor's duties and making the chancellor's plans,	30302
studies, and recommendations;	30303

(L) Appoint advisory committees consisting of persons	30304
associated with public or private secondary schools, members of	30305
the state board of education, or personnel of the state department	30306
of education;	30307

(M) Appoint advisory committees consisting of college and	30308
university personnel, or other persons knowledgeable in the field	30309
of higher education, or both, in order to obtain their advice and	30310
assistance in defining and suggesting solutions for the problems	30311
and needs of higher education in this state;	30312

(N) Approve or disapprove all new degrees and new degree	30313
programs at all state colleges, universities, and other	30314
state-assisted institutions of higher education;	30315

(O) Adopt such rules as are necessary to carry out the	30316
chancellor's duties and responsibilities. The rules shall	30317
prescribe procedures for the chancellor to follow when taking	30318
actions associated with the chancellor's duties and	30319
responsibilities and shall indicate which types of actions are	30320
subject to those procedures. The procedures adopted under this	30321
division shall be in addition to any other procedures prescribed	30322
by law for such actions. However, if any other provision of the	30323
Revised Code or rule adopted by the chancellor prescribes	30324
different procedures for such an action, the procedures adopted	30325
under this division shall not apply to that action to the extent	30326
they conflict with the procedures otherwise prescribed by law. The	30327
procedures adopted under this division shall include at least the	30328
following:	30329

(1) Provision for public notice of the proposed action;

30330

(2) An opportunity for public comment on the proposed action,	30331
which may include a public hearing on the action by the board of	30332
regents;	30333

(3) Methods for parties that may be affected by the proposed	30334
action to submit comments during the public comment period;	30335

(4) Submission of recommendations from the board of regents	30336
regarding the proposed action, at the request of the chancellor;	30337

(5) Written publication of the final action taken by the	30338
chancellor and the chancellor's rationale for the action;	30339

(6) A timeline for the process described in divisions (O)(1)	30340
to (5) of this section.	30341

(P) Establish and submit to the governor and the general	30342
assembly a clear and measurable set of goals and timetables for	30343
their achievement for each program under the chancellor's	30344
supervision that is designed to accomplish any of the following:	30345

(1) Increased access to higher education;

30346

(2) Job training;

30347

(3) Adult literacy;

30348

(4) Research;

30349

(5) Excellence in higher education;

30350

(6) Reduction in the number of graduate programs within the	30351
same subject area.	30352

In July of each odd-numbered year, the chancellor shall	30353
submit to the governor and the general assembly a report on	30354
progress made toward these goals.	30355

(Q) Make recommendations to the governor and the general	30356
assembly regarding the design and funding of the student financial	30357
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	30358
3333.27, and 5910.02 of the Revised Code;	30359

(R) Participate in education-related state or federal	30360
programs on behalf of the state and assume responsibility for the	30361
administration of such programs in accordance with applicable	30362
state or federal law;	30363

(S) Adopt rules for student financial aid programs as	30364
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	30365
3333.28, ~~3333.29,~~ and 5910.02 of the Revised Code, and perform any	30366
other administrative functions assigned to the chancellor by those	30367
sections;	30368

(T) Administer contracts under sections 3702.74 and 3702.75	30369
of the Revised Code in accordance with rules adopted by the	30370
director of health under section 3702.79 of the Revised Code;	30371

(U) Conduct enrollment audits of state-supported institutions	30372
of higher education;	30373

(V) Appoint consortiums of college and university personnel	30374
to participate in the development and operation of statewide	30375
collaborative efforts, including the Ohio supercomputer center,	30376
the Ohio academic resources network, OhioLink, and the Ohio	30377
learning network. For each consortium, the chancellor shall	30378
designate a college or university to serve as that consortium's	30379
fiscal agent, financial officer, and employer. Any funds	30380
appropriated for the consortiums shall be distributed to the	30381
fiscal agents for the operation of the consortiums. A consortium	30382
shall follow the rules of the college or university that serves as	30383
its fiscal agent.	30384

(W) Adopt rules establishing advisory duties and	30385
responsibilities of the board of regents not otherwise prescribed	30386
by law;	30387

(X) Respond to requests for information about higher	30388
education from members of the general assembly and direct staff to	30389
conduct research or analysis as needed for this purpose.	30390

Sec. 3333.122. (A) As used in this section:

30391

(1) "Eligible student" means a student who is:

30392

(a) An Ohio resident who first enrolls in an undergraduate	30393
program in the 2006-2007 academic year or thereafter;	30394

(b) ~~Enrolled~~If the student first enrolled in an	30395
undergraduate program in the 2006-2007 or 2007-2008 academic year,	30396
the student is enrolled in either of the following:	30397

(i) An accredited institution of higher education in this	30398
state that meets the requirements of Title VI of the Civil Rights	30399
Act of 1964 and is state-assisted, is nonprofit and has a	30400
certificate of authorization pursuant to Chapter 1713. of the	30401
Revised Code, has a certificate of registration from the state	30402
board of career colleges and schools and program authorization to	30403
award an associate or bachelor's degree, or is a private	30404
institution exempt from regulation under Chapter 3332. of the	30405
Revised Code as prescribed in section 3333.046 of the Revised	30406
Code. Students who attend an institution that holds a certificate	30407
of registration shall be enrolled in a program leading to an	30408
associate or bachelor's degree for which associate or bachelor's	30409
degree program the institution has program authorization issued	30410
under section 3332.05 of the Revised Code.	30411

(ii) A technical education program of at least two years	30412
duration sponsored by a private institution of higher education in	30413
this state that meets the requirements of Title VI of the Civil	30414
Rights Act of 1964.	30415

(c) If the student first enrolled in an undergraduate program	30416
after the 2007-2008 academic year, the student is enrolled in	30417
either of the following:	30418

(i) An accredited institution of higher education in this	30419
state that meets the requirements of Title VI of the Civil Rights	30420
Act of 1964 and is state-assisted, is nonprofit and has a	30421
certificate of authorization pursuant to Chapter 1713. of the	30422
Revised Code, or is a private institution exempt from regulation	30423
under Chapter 3332. of the Revised Code as prescribed in section	30424
3333.046 of the Revised Code;	30425

(ii) An education program of at least two years duration	30426
sponsored by a private institution of higher education in this	30427
state that meets the requirements of Title VI of the Civil Rights	30428
Act of 1964 and has a certificate of authorization pursuant to	30429
Chapter 1713. of the Revised Code.	30430

(2) A student who participated in either the early college	30431
high school program administered by the department of education or	30432
in the post-secondary enrollment options program pursuant to	30433
Chapter 3365. of the Revised Code before the 2006-2007 academic	30434
year shall not be excluded from eligibility for a needs-based	30435
financial aid grant under this section.	30436

(3) "Resident," "expected family contribution" or "EFC,"	30437
"full-time student," "three-quarters-time student," "half-time	30438
student," "one-quarter-time student," and "accredited" shall be	30439
defined by rules adopted by the chancellor of the Ohio board of	30440
regents.	30441

(B) The chancellor shall establish and administer a	30442
needs-based financial aid program based on the United States	30443
department of education's method of determining financial need and	30444
may adopt rules to carry out this section. The program shall be	30445
known as the Ohio college opportunity grant program. The general	30446
assembly shall support the needs-based financial aid program by	30447
such sums and in such manner as it may provide, but the chancellor	30448
may also receive funds from other sources to support the program.	30449
If the amounts available for support of the program are inadequate	30450
to provide grants to all eligible students, preference in the	30451
payment of grants shall be given in terms of expected family	30452
contribution, beginning with the lowest expected family	30453
contribution category and proceeding upward by category to the	30454
highest expected family contribution category.	30455

A needs-based financial aid grant shall be paid to an	30456
eligible student through the institution in which the student is	30457
enrolled, except that no needs-based financial aid grant shall be	30458
paid to any person serving a term of imprisonment. Applications	30459
for such grants shall be made as prescribed by the chancellor, and	30460
such applications may be made in conjunction with and upon the	30461
basis of information provided in conjunction with student	30462
assistance programs funded by agencies of the United States	30463
government or from financial resources of the institution of	30464
higher education. The institution shall certify that the student	30465
applicant meets the requirements set forth in divisions (A)(1)(a)	30466
and (b) of this section. Needs-based financial aid grants shall be	30467
provided to an eligible student only as long as the student is	30468
making appropriate progress toward a nursing diploma or an	30469
associate or bachelor's degree. No student shall be eligible to	30470
receive a grant for more than ten semesters, fifteen quarters, or	30471
the equivalent of five academic years. A grant made to an eligible	30472
student on the basis of less than full-time enrollment shall be	30473
based on the number of credit hours for which the student is	30474
enrolled and shall be computed in accordance with a formula	30475
adopted by the chancellor. No student shall receive more than one	30476
grant on the basis of less than full-time enrollment.	30477

A needs-based financial aid grant shall not exceed the total	30478
instructional and general charges of the institution.	30479

(C) The tables in this division prescribe the maximum grant	30480
amounts covering two semesters, three quarters, or a comparable	30481
portion of one academic year. Grant amounts for additional terms	30482
in the same academic year shall be determined under division (D)	30483
of this section.	30484

As used in the tables in division (C) of this section:

30485

(1) "Private institution" means an institution that is	30486
nonprofit and has a certificate of authorization pursuant to	30487
Chapter 1713. of the Revised Code.	30488

(2) "Career college" means either an institution that holds a	30489
certificate of registration from the state board of career	30490
colleges and schools or a private institution exempt from	30491
regulation under Chapter 3332. of the Revised Code as prescribed	30492
in section 3333.046 of the Revised Code.	30493

Full-time students shall be eligible to receive awards	30494
according to the following table:	30495

Full-Time Enrollment	30496

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:	30497
$2,101	$2,190	$300	$600	$480	30498
2,001	2,100	402	798	642	30499
1,901	2,000	498	1,002	798	30500
1,801	1,900	600	1,200	960	30501
1,701	1,800	702	1,398	1,122	30502
1,601	1,700	798	1,602	1,278	30503
1,501	1,600	900	1,800	1,440	30504
1,401	1,500	1,002	1,998	1,602	30505
1,301	1,400	1,098	2,202	1,758	30506
1,201	1,300	1,200	2,400	1,920	30507
1,101	1,200	1,302	2,598	2,082	30508
1,001	1,100	1,398	2,802	2,238	30509
901	1,000	1,500	3,000	2,400	30510
801	900	1,602	3,198	2,562	30511
701	800	1,698	3,402	2,718	30512
601	700	1,800	3,600	2,280	30513
501	600	1,902	3,798	3,042	30514
401	500	1,998	4,002	3,198	30515
301	400	2,100	4,200	3,360	30516
201	300	2,202	4,398	3,522	30517
101	200	2,298	4,602	3,678	30518
1	100	2,400	4,800	3,840	30519
0	0	2,496	4,992	3,996	30520

Three-quarters-time students shall be eligible to receive	30521
awards according to the following table:	30522

Three-Quarters-Time Enrollment	30523

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:	30524
$2,101	$2,190	$228	$450	$360	30525
2,001	2,100	300	600	480	30526
1,901	2,000	372	750	600	30527
1,801	1,900	450	900	720	30528
1,701	1,800	528	1,050	840	30529
1,601	1,700	600	1,200	960	30530
1,501	1,600	678	1,350	1,080	30531
1,401	1,500	750	1,500	1,200	30532
1,301	1,400	822	1,650	1,320	30533
1,201	1,300	900	1,800	1,440	30534
1,101	1,200	978	1,950	1,560	30535
1,001	1,100	1,050	2,100	1,680	30536
901	1,000	1,128	2,250	1,800	30537
801	900	1,200	2,400	1,920	30538
701	800	1,272	2,550	2,040	30539
601	700	1,350	2,700	2,160	30540
501	600	1,428	2,850	2,280	30541
401	500	1,500	3,000	2,400	30542
301	400	1,578	3,150	2,520	30543
201	300	1,650	3,300	2,640	30544
101	200	1,722	3,450	2,760	30545
1	100	1,800	3,600	2,880	30546
0	0	1,872	3,744	3,000	30547

Half-time students shall be eligible to receive awards	30548
according to the following table:	30549

Half-Time Enrollment	30550

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:	30551
$2,101	$2,190	$150	$300	$240	30552
2,001	2,100	204	402	324	30553
1,901	2,000	252	504	402	30554
1,801	1,900	300	600	480	30555
1,701	1,800	354	702	564	30556
1,601	1,700	402	804	642	30557
1,501	1,600	450	900	720	30558
1,401	1,500	504	1,002	804	30559
1,301	1,400	552	1,104	882	30560
1,201	1,300	600	1,200	960	30561
1,101	1,200	654	1,302	1,044	30562
1,001	1,100	702	1,404	1,122	30563
901	1,000	750	1,500	1,200	30564
801	900	804	1,602	1,284	30565
701	800	852	1,704	1,362	30566
601	700	900	1,800	1,440	30567
501	600	954	1,902	1,524	30568
401	500	1,002	2,004	1,602	30569
301	400	1,050	2,100	1,680	30570
201	300	1,104	2,202	1,764	30571
101	200	1,152	2,304	1,842	30572
1	100	1,200	2,400	1,920	30573
0	0	1,248	2,496	1,998	30574

One-quarter-time students shall be eligible to receive awards	30575
according to the following table:	30576

One-Quarter-Time Enrollment	30577

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:	30578
$2,101	$2,190	$78	$150	$120	30579
2,001	2,100	102	198	162	30580
1,901	2,000	126	252	198	30581
1,801	1,900	150	300	240	30582
1,701	1,800	174	348	282	30583
1,601	1,700	198	402	318	30584
1,501	1,600	228	450	360	30585
1,401	1,500	252	498	402	30586
1,301	1,400	276	552	438	30587
1,201	1,300	300	600	480	30588
1,101	1,200	324	648	522	30589
1,001	1,100	348	702	558	30590
901	1,000	378	750	600	30591
801	900	402	798	642	30592
701	800	426	852	678	30593
601	700	450	900	720	30594
501	600	474	948	762	30595
401	500	498	1,002	798	30596
301	400	528	1,050	840	30597
201	300	552	1,098	882	30598
101	200	576	1,152	918	30599
1	100	600	1,200	960	30600
0	0	624	1,248	1,002	30601

(D) For a full-time student enrolled in an eligible	30602
institution for a semester or quarter in addition to the portion	30603
of the academic year covered by a grant determined under division	30604
(C) of this section, the maximum grant amount shall be a	30605
percentage of the maximum prescribed in the applicable table of	30606
that division. The maximum grant for a fourth quarter shall be	30607
one-third of the maximum amount prescribed under that division.	30608
The maximum grant for a third semester shall be one-half of the	30609
maximum amount prescribed under that division.	30610

(E) No grant shall be made to any student in a course of	30611
study in theology, religion, or other field of preparation for a	30612
religious profession unless such course of study leads to an	30613
accredited bachelor of arts, bachelor of science, associate of	30614
arts, or associate of science degree.	30615

(F)(1) Except as provided in division (F)(2) of this section,	30616
no grant shall be made to any student for enrollment during a	30617
fiscal year in an institution with a cohort default rate	30618
determined by the United States secretary of education pursuant to	30619
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	30620
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	30621
preceding the fiscal year, equal to or greater than thirty per	30622
cent for each of the preceding two fiscal years.	30623

(2) Division (F)(1) of this section does not apply to the	30624
following:	30625

(a) Any student enrolled in an institution that under the	30626
federal law appeals its loss of eligibility for federal financial	30627
aid and the United States secretary of education determines its	30628
cohort default rate after recalculation is lower than the rate	30629
specified in division (F)(1) of this section or the secretary	30630
determines due to mitigating circumstances the institution may	30631
continue to participate in federal financial aid programs. The	30632
chancellor shall adopt rules requiring institutions to provide	30633
information regarding an appeal to the chancellor.	30634

(b) Any student who has previously received a grant under	30635
this section who meets all other requirements of this section.	30636

(3) The chancellor shall adopt rules for the notification of	30637
all institutions whose students will be ineligible to participate	30638
in the grant program pursuant to division (F)(1) of this section.	30639

(4) A student's attendance at an institution whose students	30640
lose eligibility for grants under division (F)(1) of this section	30641
shall not affect that student's eligibility to receive a grant	30642
when enrolled in another institution.	30643

(G) Institutions of higher education that enroll students	30644
receiving needs-based financial aid grants under this section	30645
shall report to the chancellor all students who have received	30646
needs-based financial aid grants but are no longer eligible for	30647
all or part of such grants and shall refund any moneys due the	30648
state within thirty days after the beginning of the quarter or	30649
term immediately following the quarter or term in which the	30650
student was no longer eligible to receive all or part of the	30651
student's grant. There shall be an interest charge of one per cent	30652
per month on all moneys due and payable after such thirty-day	30653
period. The chancellor shall immediately notify the office of	30654
budget and management and the legislative service commission of	30655
all refunds so received.	30656

Sec. 3333.36. ~~Provided~~If the chancellor determines that	30657
sufficient ~~unencumbered and unexpended~~ funds are available from	30658
general revenue fund appropriations made to the Ohio board of	30659
regents or to the chancellor of the Ohio board of regents, the	30660
chancellor shall allocate upthe following:	30661

(A) Up to seventy thousand dollars in each fiscal year to	30662
make payments to the Columbus program in intergovernmental issues,	30663
an Ohio internship program at Kent state university, for	30664
scholarships of up to two thousand dollars for each student	30665
enrolled in the program~~. The~~;	30666

(B) Up to one hundred sixty-five thousand dollars in each	30667
fiscal year to make payments to the Washington center for	30668
scholarships provided to undergraduates of Ohio's four-year public	30669
and private institutions of higher education selected to	30670
participate in the Washington center internship program. The	30671
amount of a student's scholarship shall not exceed the amount	30672
specified for such scholarships in the biennial operating	30673
appropriations act.	30674

The chancellor may utilize any general revenue funds	30675
appropriated to the board of regents or to the chancellor that the	30676
chancellor determines to be available for purposes of this	30677
section.	30678

Sec. 3333.38. (A) As used in this section:

30679

(1) "Institution of higher education" includes all of the	30680
following:	30681

(a) A state institution of higher education, as defined in	30682
section 3345.011 of the Revised Code;	30683

(b) A nonprofit institution issued a certificate of	30684
authorization under Chapter 1713. of the Revised Code;	30685

(c) A private institution exempt from regulation under	30686
Chapter 3332. of the Revised Code, as prescribed in section	30687
3333.046 of the Revised Code;	30688

(d) An institution of higher education with a certificate of	30689
registration from the state board of career colleges and schools	30690
under Chapter 3332. of the Revised Code.	30691

(2) "Student financial assistance supported by state funds"	30692
includes assistance granted under sections 3315.33, 3333.12,	30693
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, ~~3333.29,~~ 3333.372,	30694
5910.03, 5910.032, and 5919.34 of the Revised Code or financed by	30695
an award under the choose Ohio first scholarship program	30696
established under section 3333.61 of the Revised Code and any	30697
other post-secondary student financial assistance supported by	30698
state funds.	30699

(B) An individual who is convicted of, pleads guilty to, or	30700
is adjudicated a delinquent child for one of the following	30701
violations shall be ineligible to receive any student financial	30702
assistance supported by state funds at an institution of higher	30703
education for two calendar years from the time the individual	30704
applies for assistance of that nature:	30705

(1) A violation of section 2917.02 or 2917.03 of the Revised	30706
Code;	30707

(2) A violation of section 2917.04 of the Revised Code that	30708
is a misdemeanor of the fourth degree;	30709

(3) A violation of section 2917.13 of the Revised Code that	30710
is a misdemeanor of the fourth or first degree and occurs within	30711
the proximate area where four or more others are acting in a	30712
course of conduct in violation of section 2917.11 of the Revised	30713
Code.	30714

(C) If an individual is convicted of, pleads guilty to, or is	30715
adjudicated a delinquent child for committing a violation of	30716
section 2917.02 or 2917.03 of the Revised Code, and if the	30717
individual is enrolled in a state-supported institution of higher	30718
education, the institution in which the individual is enrolled	30719
shall immediately dismiss the individual. No state-supported	30720
institution of higher education shall admit an individual of that	30721
nature for one academic year after the individual applies for	30722
admission to a state-supported institution of higher education.	30723
This division does not limit or affect the ability of a	30724
state-supported institution of higher education to suspend or	30725
otherwise discipline its students.	30726

Sec. 3333.50. The Ohio board of regents, in consultation with	30727
the governor and the department of development, shall develop a	30728
critical needs rapid response system to respond quickly to	30729
critical workforce shortages in the state. Not later than ninety	30730
days after a critical workforce shortage is identified, the	30731
chancellor of the board shall submit to the governor a proposal	30732
for addressing the shortage through initiatives of the board or	30733
institutions of higher education.	30734

Sec. 3333.55. (A) The health information and imaging	30735
technology workforce development pilot project is hereby	30736
established. Under the project, in fiscal years 2008 through 2010,	30737
the Ohio board of regents shall design and implement a three-year	30738
pilot program to test, in the vicinity of Clark, Greene, and	30739
Montgomery counties, how a P-16 public-private education and	30740
workforce development collaborative may address each of the	30741
following goals:	30742

(1) Increase the number of students taking and mastering	30743
high-level science, technology, engineering, or mathematics	30744
courses and pursuing careers in those subjects, in all demographic	30745
regions of the state;	30746

(2) Increase the number of students pursuing professional	30747
careers in health information and imaging technology upon	30748
receiving related technical education and professional experience,	30749
in all demographic regions of the state;	30750

(3) Unify efforts among schools, career centers,	30751
post-secondary programs, and employers in a region for career and	30752
workforce development, preservation, and public education.	30753

(B) The project shall focus on enhancing P-16 education and	30754
workforce development in the field of health information and	30755
imaging technology through such activities as increased academic	30756
intervention in related areas of study, after-school and summer	30757
intervention programs, tutoring, career and job fairs and other	30758
promotional and recruitment activities, externships, professional	30759
development, field trips, academic competitions, development of	30760
related specialized study modules, development of honors programs,	30761
and development and enhancement of dual high school and college	30762
enrollment programs.	30763

(C) Project participants shall include Clark-Shawnee local	30764
school district, Springfield city school district, Greene county	30765
career center, Clark state community college, Central state	30766
university, Wright state university, Cedarville university,	30767
Wittenberg university, the university of Dayton, and private	30768
employers in the health information and imaging technology	30769
industry in the vicinity of Clark, Greene, and Montgomery	30770
counties, selected by the board of regents.	30771

For the third year of the project, the board of regents may	30772
add as participants the Dayton city school district and Xenia city	30773
school district.	30774

(D) Wittenberg university shall be the lead coordinating	30775
agent and Clark state community college shall be the fiscal agent	30776
for the project.	30777

(E) The board of regents shall create an advisory council	30778
made up of representatives of the participating entities to	30779
coordinate, monitor, and evaluate the project. The advisory	30780
council shall submit an annual activity report to the board of	30781
regents by a date specified by the board of regents.	30782

Sec. 3333.60. As used in sections 3333.61 to 3333.70 of the	30783
Revised Code:	30784

(A) "State university or college" has the same meaning as in	30785
section 3345.12 of the Revised Code.	30786

(B) "State university" and "state institution of higher	30787
education" have the same meanings as in section 3345.011 of the	30788
Revised Code.	30789

Sec. 3333.61. The chancellor of the Ohio board of regents	30790
shall establish and administer the Ohio innovation partnership,	30791
which shall consist of the choose Ohio first scholarship program	30792
and the Ohio research scholars program. Under the programs, the	30793
chancellor, subject to approval by the controlling board, shall	30794
make awards to state universities or colleges for programs and	30795
initiatives that recruit students and scientists in the fields of	30796
science, technology, engineering, mathematics, and medicine to	30797
state universities or colleges, in order to enhance regional	30798
educational and economic strengths and meet the needs of the	30799
state's regional economies. Awards may be granted for programs and	30800
initiatives to be implemented by a state university or college	30801
alone or in collaboration with other state institutions of higher	30802
education, nonpublic Ohio universities and colleges, or other	30803
public or private Ohio entities. If the chancellor makes an award	30804
to a program or initiative that is intended to be implemented by a	30805
state university or college in collaboration with other state	30806
institutions of higher education or nonpublic Ohio universities or	30807
colleges, the chancellor may provide that some portion of the	30808
award be received directly by the collaborating universities or	30809
colleges consistent with all terms of the Ohio innovation	30810
partnership.	30811

The choose Ohio first scholarship program shall assign a	30812
number of scholarships to state universities and colleges to	30813
recruit Ohio residents as undergraduate, or as provided in section	30814
3333.66 of the Revised Code graduate, students in the fields of	30815
science, technology, engineering, mathematics, and medicine, or	30816
in science, technology, engineering, mathematics, or medical	30817
education. Choose Ohio first scholarships shall be awarded to each	30818
participating eligible student as a grant to the state university	30819
or college the student is attending and shall be reflected on the	30820
student's tuition bill. Choose Ohio first scholarships are	30821
student-centered grants from the state to students to use to	30822
attend a university or college and are not grants from the state	30823
to universities or colleges.	30824

Notwithstanding any other provision of this section or	30825
sections 3333.62 to 3333.70 of the Revised Code, a nonpublic	30826
four-year Ohio institution of higher education may submit a	30827
proposal for choose Ohio first scholarships if the proposal is to	30828
be implemented in collaboration with a state university or	30829
college. If the chancellor grants a nonpublic institution an award	30830
of scholarships, the nonpublic institution shall comply with all	30831
requirements of this section, sections 3333.62 to 3333.70 of the	30832
Revised Code, and the rules adopted under this section that apply	30833
to state universities or colleges awarded choose Ohio first	30834
scholarships.	30835

The Ohio research scholars program shall award grants to use	30836
in recruiting scientists to the faculties of state universities or	30837
colleges.	30838

The chancellor shall adopt rules in accordance with Chapter	30839
119. of the Revised Code to administer the programs.	30840

Sec. 3333.62. The chancellor of the Ohio board of regents	30841
shall establish a competitive process for making awards under the	30842
choose Ohio first scholarship program and the Ohio research	30843
scholars program. The chancellor, on completion of that process,	30844
shall make a recommendation to the controlling board asking for	30845
approval of each award selected by the chancellor.	30846

Any state university or college may apply for one or more	30847
awards under one or both programs. The state university or college	30848
shall submit a proposal and other documentation required by the	30849
chancellor, in the form and manner prescribed by the chancellor,	30850
for each award it seeks. A proposal may propose an initiative to	30851
be implemented solely by the state university or college or in	30852
collaboration with other state institutions of higher education,	30853
nonpublic Ohio universities or colleges, or other public or	30854
nonpublic Ohio entities. A single proposal may seek an award under	30855
one or both programs.	30856

The chancellor shall determine which proposals will receive	30857
awards each fiscal year, and the amount of each award, on the	30858
basis of the merit of each proposal, which the chancellor, subject	30859
to approval by the controlling board, shall determine based on one	30860
or more of the following criteria:	30861

(A) The quality of the program that is the subject of the	30862
proposal and the extent to which additional resources will enhance	30863
its quality;	30864

(B) The extent to which the proposal is integrated with the	30865
strengths of the regional economy;	30866

(C) The extent to which the proposal is integrated with	30867
centers of research excellence within the private sector;	30868

(D) The amount of other institutional, public, or private	30869
resources, whether monetary or nonmonetary, that the proposal	30870
pledges to leverage;	30871

(E) The extent to which the proposal is collaborative with	30872
other public or nonpublic Ohio institutions of higher education;	30873

(F) The extent to which the proposal is integrated with the	30874
university's or college's mission and does not displace existing	30875
resources already committed to the mission;	30876

(G) The extent to which the proposal facilitates a more	30877
efficient utilization of existing faculty and programs;	30878

(H) The extent to which the proposal meets a statewide	30879
educational need;	30880

(I) The demonstrated productivity or future capacity of the	30881
students or scientists to be recruited;	30882

(J) The extent to which the proposal will create additional	30883
capacity in educational or economic areas of need;	30884

(K) The extent to which the proposal will encourage students	30885
who received degrees in the fields of science, technology,	30886
engineering, mathematics, or medicine from two-year institutions	30887
to transfer to state universities or colleges to pursue	30888
baccalaureate degrees in science, technology, engineering,	30889
mathematics, or medicine;	30890

(L) The extent to which the proposal encourages students	30891
enrolled in state universities to transfer into science,	30892
technology, engineering, mathematics, or medicine programs;	30893

(M) The extent to which the proposal facilitates the	30894
completion of a baccalaureate degree in a cost-effective manner,	30895
for example, by facilitating students' completing two years at a	30896
two-year institution and two years at a state university or	30897
college;	30898

(N) The extent to which the proposal allows attendance at a	30899
state university or college of students who otherwise could not	30900
afford to attend;	30901

(O) The extent to which other institutional, public, or	30902
private resources pledged to the proposal will be deployed to	30903
assist in sustaining students' scholarships over their academic	30904
careers;	30905

(P) The extent to which the proposal increases the likelihood	30906
that students will successfully complete their degree programs in	30907
science, technology, engineering, mathematics, or medicine or in	30908
science, technology, engineering, mathematics, or medical	30909
education;	30910

(Q) The extent to which the proposal ensures that a student	30911
who is awarded a scholarship is appropriately qualified and	30912
prepared to successfully complete a degree program in science,	30913
technology, engineering, mathematics, or medicine or in science,	30914
technology, engineering, mathematics, or medical education.	30915

Sec. 3333.63. The chancellor of the Ohio board of regents	30916
shall conduct at least one public meeting annually, prior to	30917
deciding awards under the Ohio innovation partnership. At the	30918
meeting, an employee of the chancellor shall summarize the	30919
proposals submitted for consideration, and each state university	30920
or college that has a proposal pending shall have the opportunity	30921
to review the summary of their proposal prepared by the	30922
chancellor's staff and answer questions or respond to concerns	30923
about the proposal raised by the chancellor's staff.	30924

Sec. 3333.64. The chancellor of the Ohio board of regents	30925
shall endeavor to make awards under the choose Ohio first	30926
scholarship program and the Ohio research scholars program such	30927
that the aggregate, statewide amount of other institutional,	30928
public, and private money pledged to the proposals in each fiscal	30929
year equals at least one hundred per cent of the aggregate amount	30930
of the money awarded under both programs that year. The	30931
chancellor shall endeavor to make awards under the choose Ohio	30932
first scholarship program in such a way that at least fifty per	30933
cent of the students receiving the scholarships are involved in a	30934
co-op or internship program in a private industry or a university	30935
laboratory. The value of institutional, public, or private	30936
industry co-ops and internships shall count toward the statewide	30937
aggregate amount of other institutional, public, or private money	30938
specified in this paragraph.	30939

The chancellor also shall endeavor to distribute awards in	30940
such a way that all regions of the state benefit from the economic	30941
development impact of the programs and shall guarantee that	30942
students from all regions of the state are able to participate in	30943
the scholarship program.	30944

Sec. 3333.65. The chancellor of the Ohio board of regents	30945
shall require each state university or college that the	30946
controlling board approves to receive an award under the Ohio	30947
innovation partnership to enter into an agreement governing the	30948
use of the award. The agreement shall contain terms the chancellor	30949
determines to be necessary, which shall include performance	30950
measures, reporting requirements, and an obligation to fulfill	30951
pledges of other institutional, public, or nonpublic resources for	30952
the proposal.	30953

The chancellor may require a state university or college that	30954
violates the terms of its agreement to repay the award plus	30955
interest at the rate required by section 5703.47 of the Revised	30956
Code to the chancellor.	30957

If the chancellor makes an award to a program or initiative	30958
that is intended to be implemented by a state university or	30959
college in collaboration with other state institutions of higher	30960
education or nonpublic Ohio universities or colleges, the	30961
chancellor may enter into an agreement with the collaborating	30962
universities or colleges that permits awards to be received	30963
directly by the collaborating universities or colleges consistent	30964
with the terms of the program or initiative. In that case, the	30965
chancellor shall incorporate into the agreement terms consistent	30966
with the requirements of this section.	30967

Sec. 3333.66. (A) In each academic year, no student who	30968
receives a choose Ohio first scholarship shall receive less than	30969
one thousand five hundred dollars or more than one-half of the	30970
highest in-state undergraduate instructional and general fees	30971
charged by all state universities. For this purpose, if Miami	30972
university is implementing the pilot tuition restructuring plan	30973
originally recognized in Am. Sub. H.B. 95 of the 125th general	30974
assembly, that university's instructional and general fees shall	30975
be considered to be the average full-time in-state undergraduate	30976
instructional and general fee amount after taking into account the	30977
Ohio resident and Ohio leader scholarships and any other credit	30978
provided to all Ohio residents.	30979

(B) The chancellor of the Ohio board of regents shall	30980
encourage state universities and colleges, alone or in	30981
collaboration with other state institutions of higher education,	30982
nonpublic Ohio universities and colleges, or other public or	30983
private Ohio entities, to submit proposals under the choose Ohio	30984
first scholarship program for initiatives that recruit Ohio	30985
residents enrolled in colleges and universities in other states or	30986
other countries to return to Ohio and enroll in state universities	30987
or colleges as graduate students in the fields of science,	30988
technology, engineering, mathematics, and medicine, or in the	30989
fields of science, technology, engineering, mathematics, or	30990
medical education. If such proposals are submitted and meet the	30991
chancellor's competitive criteria for awards, the chancellor,	30992
subject to approval by the controlling board, shall give at least	30993
one of the proposals preference for an award.	30994

(C) The general assembly intends that money appropriated for	30995
the choose Ohio first scholarship program in each fiscal year be	30996
used for scholarships in the following academic year.	30997

Sec. 3333.67. Each state university or college that receives	30998
an award under the Ohio research scholars program shall deposit	30999
the amount it receives into a new or existing endowment fund. The	31000
university or college shall maintain the amount received and use	31001
income generated from that amount, and other institutional,	31002
public, or nonpublic resources, to finance the proposal approved	31003
by the chancellor of the Ohio board of regents and the	31004
controlling board.	31005

Sec. 3333.68. When making an award under the Ohio innovation	31006
partnership, the chancellor of the Ohio board of regents, subject	31007
to approval by the controlling board, may commit to giving a state	31008
university's or college's proposal preference for future awards	31009
after the current fiscal year or fiscal biennium. A proposal's	31010
eligibility for future awards remains conditional on all of the	31011
following:	31012

(A) Future appropriations of the general assembly;

31013

(B) The university's or college's adherence to the agreement	31014
entered into under section 3333.65 of the Revised Code, including	31015
its fulfillment of pledges of other institutional, public, or	31016
nonpublic resources;	31017

(C) With respect to the choose Ohio first scholarship	31018
program, a demonstration that the students receiving the	31019
scholarship are satisfied with the state universities or colleges	31020
selected by the chancellor to offer the scholarships.	31021

The chancellor and the controlling board shall not commit to	31022
awarding any proposal for more than five fiscal years at a time.	31023
However, when a commitment for future awards expires, a state	31024
university or college may reapply.	31025

Sec. 3333.69. The chancellor of the Ohio board of regents	31026
shall monitor each initiative for which an award is granted under	31027
the Ohio innovation partnership to ensure the following:	31028

(A) Fiscal accountability, so that the award is used in	31029
accordance with the agreement entered into under section 3333.65	31030
of the Revised Code;	31031

(B) Operating progress, so that the initiative is managed to	31032
achieve the goals stated in the proposal and in the agreement, and	31033
so that problems may be promptly identified and remedied;	31034

(C) Desired outcomes, so that the initiative contributes to	31035
the programs' goals of enhancing regional educational and economic	31036
strengths and meeting regional economic needs.	31037

Sec. 3333.70. Not later than December 31, 2008, and the	31038
thirty-first day of December of each year thereafter, the	31039
chancellor of the Ohio board of regents shall submit to the	31040
general assembly in accordance with section 101.68 of the Revised	31041
Code a report on the academic and economic impact of the Ohio	31042
innovation partnership. At a minimum, the report shall include the	31043
following:	31044

(A) Progress and performance metrics for each initiative that	31045
received an award in the previous fiscal year;	31046

(B) Economic indicators of the impact of each initiative, and	31047
all initiatives as a whole, on the regional economies and the	31048
statewide economy;	31049

(C) The chancellor's strategy in assigning choose Ohio first	31050
scholarships among state universities and colleges and how the	31051
actual awards fit that strategy.	31052

Sec. 3345.02. As used in this section, "state institution of	31053
higher education" has the same meaning as in section 3345.011 of	31054
the Revised Code.	31055

Beginning in the 2008-2009 academic year, each state	31056
institution of higher education shall include in each statement of	31057
estimated or actual charges owed by a student enrolled in the	31058
institution an itemized list of the instructional fees, general	31059
fees, special purpose fees, service charges, fines, and any other	31060
fees or surcharges applicable to the student.	31061

Sec. 3345.05. (A) All registration fees, nonresident tuition	31062
fees, academic fees for the support of off-campus instruction,	31063
laboratory and course fees when so assessed and collected, student	31064
health fees for the support of a student health service, all other	31065
fees, deposits, charges, receipts, and income from all or part of	31066
the students, all subsidy or other payments from state	31067
appropriations, and all other fees, deposits, charges, receipts,	31068
~~and~~ income, and revenue received by each ~~state-supported~~	31069
~~university and college~~state institution of higher education, the	31070
Ohio state university hospitals and their ancillary facilities,	31071
the Ohio agricultural research and development center, and the	31072
Ohio state university cooperative extension service shall be held	31073
and administered by the respective boards of trustees of the	31074
~~state-supported universities and colleges~~state institution of	31075
higher education; provided, that such fees, deposits, charges,	31076
receipts, ~~and~~ income and revenue, to the extent required by	31077
resolutions, trust agreements, indentures, leases, and agreements	31078
adopted, made, or entered into under Chapter 154. or section	31079
3345.07, 3345.11, or 3345.12 of the Revised Code, shall be held,	31080
administered, transferred, and applied in accordance therewith.	31081

(B) The Ohio board of regents shall require annual reporting	31082
by the Ohio agricultural research and development center and by	31083
each university and college receiving state aid in such form and	31084
detail as determined by the board in consultation with such	31085
center, universities and colleges, and the director of budget and	31086
management.	31087

(C) Notwithstanding any provision of the Revised Code to the	31088
contrary, the title to investments made by the board of trustees	31089
of a ~~state-supported university or college~~state institution of	31090
higher education with funds derived from ~~revenues~~any of the	31091
sources described in division (A) of this section shall not be	31092
vested in the state or the political subdivision but shall be held	31093
in trust by the board. Such investments shall be made pursuant to	31094
an investment policy adopted by the board in public session that	31095
requires all fiduciaries to discharge their duties with the care,	31096
skill, prudence, and diligence under the circumstances then	31097
prevailing that a prudent person acting in like capacity and	31098
familiar with such matters would use in the conduct of an	31099
enterprise of a like character and with like aims. The policy also	31100
shall require at least the following:	31101

(1) A stipulation that investment ~~be made only in publicly~~	31102
~~traded securities averaging~~of at least twenty-five per cent of	31103
the average amount of the investment portfolio over the course of	31104
the previous fiscal year be invested in securities of the United	31105
States government or of its agencies or instrumentalities, the	31106
treasurer of state's pooled investment program, obligations of	31107
this state or any political subdivision of this state,	31108
certificates of deposit of any national bank located in this	31109
state, written repurchase agreements with any eligible Ohio	31110
financial institution that is a member of the federal reserve	31111
system or federal home loan bank, money market funds, or bankers	31112
acceptances maturing in two hundred seventy days or less which are	31113
eligible for purchase by the federal reserve system, as a reserve;	31114

(2) Eligible funds above those that meet the conditions of	31115
division (C)(1) of this section may be pooled with other	31116
institutional funds and invested in accordance with section	31117
1715.54 of the Revised Code.	31118

(3) The establishment of an investment committee.

31119

(D) The investment committee established under division	31120
(C)~~(2)~~(3) of this section shall meet at least quarterly. The	31121
committee shall review and recommend revisions to the board's	31122
investment policy and shall advise the board on its investments	31123
made under division (C) of this section in an effort to assist it	31124
in meeting its obligations as a fiduciary as described in division	31125
(C) of this section. The committee shall be authorized to retain	31126
the services of an investment advisor who meets both of the	31127
following qualifications:	31128

(1) The advisor is either:

31129

(a) Licensed by the division of securities under section	31130
1707.141 of the Revised Code;	31131

(b) Registered with the securities and exchange commission.

31132

(2) The advisor either:

31133

(a) Has experience in the management of investments of public	31134
funds, especially in the investment of state-government investment	31135
portfolios;	31136

(b) Is an eligible institution referenced in section 135.03	31137
of the Revised Code.	31138

(E) As used in this section, "state institution of higher	31139
education" means a state institution of higher education as	31140
defined in section 3345.011 of the Revised Code.	31141

Sec. 3345.32. (A) As used in this section:

31142

(1) "State university or college" means the institutions	31143
described in section 3345.27 of the Revised Code and the	31144
northeastern Ohio universities college of medicine.	31145

(2) "Resident" has the meaning specified by rule of the	31146
chancellor of the Ohio board of regents.	31147

(3) "Statement of selective service status" means a statement	31148
certifying one of the following:	31149

(a) That the individual filing the statement has registered	31150
with the selective service system in accordance with the "Military	31151
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	31152
amended;	31153

(b) That the individual filing the statement is not required	31154
to register with the selective service for one of the following	31155
reasons:	31156

(i) The individual is under eighteen or over twenty-six years	31157
of age.	31158

(ii) The individual is on active duty with the armed forces	31159
of the United States other than for training in a reserve or	31160
national guard unit.	31161

(iii) The individual is a nonimmigrant alien lawfully in the	31162
United States in accordance with section 101 (a)(15) of the	31163
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.	31164

(iv) The individual is not a citizen of the United States and	31165
is a permanent resident of the Trust Territory of the Pacific	31166
Islands or the Northern Mariana Islands.	31167

(4) "Institution of higher education" means any eligible	31168
institution approved by the United States department of education	31169
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	31170
amended, or any institution whose students are eligible for	31171
financial assistance under any of the programs described by	31172
division (E) of this section.	31173

(B) The ~~Ohio board of regents~~chancellor shall, by rule,	31174
specify the form of statements of selective service status to be	31175
filed in compliance with divisions (C) to (F) of this section.	31176
Each statement of selective service status shall contain a section	31177
wherein a male student born after December 31, 1959, certifies	31178
that the student has registered with the selective service system	31179
in accordance with the "Military Selective Service Act," 62 Stat.	31180
604, 50 U.S.C. App. 453, as amended. For those students not	31181
required to register with the selective service, as specified in	31182
divisions (A)(2)(b)(i) to (iv) of this section, a section shall be	31183
provided on the statement of selective service status for the	31184
certification of nonregistration and for an explanation of the	31185
reason for the exemption. The ~~board of regents~~chancellor may	31186
require that such statements be accompanied by documentation	31187
specified by rule of the ~~board~~chancellor.	31188

(C) A state university or college that enrolls in any course,	31189
class, or program a male student born after December 31, 1959, who	31190
has not filed a statement of selective service status with the	31191
university or college shall, regardless of the student's	31192
residency, charge the student any tuition surcharge charged	31193
students who are not residents of this state.	31194

(D) No male born after December 31, 1959, shall be eligible	31195
to receive any loan, grant, scholarship, or other financial	31196
assistance for educational expenses granted under section 3315.33,	31197
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,	31198
5910.032, or 5919.34 of the Revised Code, or financed by an award	31199
under the choose Ohio first scholarship program established under	31200
section 3333.61 of the Revised Code, unless that person has filed	31201
a statement of selective service status with that person's	31202
institution of higher education.	31203

(E) If an institution of higher education receives a	31204
statement from an individual certifying that the individual has	31205
registered with the selective service system in accordance with	31206
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	31207
453, as amended or that the individual is exempt from registration	31208
for a reason other than that the individual is under eighteen	31209
years of age, the institution shall not require the individual to	31210
file any further statements. If it receives a statement certifying	31211
that the individual is not required to register because the	31212
individual is under eighteen years of age, the institution shall	31213
require the individual to file a new statement of selective	31214
service status each time the individual seeks to enroll for a new	31215
academic term or makes application for a new loan or loan	31216
guarantee or for any form of financial assistance for educational	31217
expenses, until it receives a statement certifying that the	31218
individual has registered with the selective service system or is	31219
exempt from registration for a reason other than that the	31220
individual is under eighteen years of age.	31221

Sec. 3345.35. (A) As used in this section, "state	31222
institution of higher education" has the same meaning as section	31223
3345.011 of the Revised Code.	31224

(B) There is hereby created a higher education statewide	31225
purchasing consortium to be administered by the inter-university	31226
council of Ohio. The consortium shall be comprised of the	31227
purchasing officer of each state institution of higher education.	31228
The board of trustees of each state institution of higher	31229
education shall enter into price agreements offered and	31230
administered by the consortium.	31231

(C) The consortium shall operate in accordance with sections	31232
9.31, 9.311, 9.312, 9.313, 9.333, 125.09, 125.11, 125.111, 125.13,	31233
127.16, 153.012, 153.54, 340.13, 1551.13, and 4115.31 to 4115.35	31234
of the Revised Code and all provisions of the Revised Code	31235
governing purchasing by state institutions of higher education.	31236

(D) The consortium annually shall report price agreement	31237
usage and cost savings to the chancellor of the Ohio board of	31238
regents.	31239

(E) Each state institution of higher education shall do all	31240
of the following:	31241

(1) Enter into price agreements for the purpose of purchasing	31242
services, supplies, and major items commonly purchased by state	31243
institutions of higher education;	31244

(2) Double the amount of dollars the state institution of	31245
higher education spends through the established price agreements	31246
every biennium over the preceding biennium;	31247

(3) Report to the consortium monthly price agreement usage	31248
and any savings that result from purchasing through consortium	31249
initiated and approved price agreements.	31250

Sec. 3353.03. (A) The eTech Ohio commission shall appoint an	31251
executive director, who shall serve at the pleasure of the	31252
commission. The executive director shall have no authority other	31253
than that provided by law or delegated to the executive director	31254
by the commission. The executive director shall do all of the	31255
following:	31256

(1) Direct commission employees in the administration of all	31257
programs of the commission;	31258

(2) Provide leadership and support in extending the knowledge	31259
of the citizens of this state by promoting equal access to and use	31260
of all forms of educational technology, as directed by the	31261
commission;	31262

(3) Provide financial and other assistance to school	31263
districts, educational television and radio stations, radio	31264
reading services, educational technology organizations, and other	31265
educational institutions~~, affiliates, and, if approved by the~~	31266
~~commission, educational technology organizations~~ for the	31267
acquisition and utilization of educational technology;	31268

(4) Implement policies and directives issued by the	31269
commission;	31270

(5) Perform other duties authorized by the commission.

31271

(B) The commission shall fix the compensation of the	31272
executive director. The executive director shall employ and fix	31273
the compensation for such employees as necessary to facilitate the	31274
activities and purposes of the commission. The employees shall	31275
serve at the pleasure of the executive director.	31276

(C) The employees of the commission shall be placed in the	31277
unclassified service.	31278

(D)(1) Except as provided in division (D)(2) of this section,	31279
the employees of the commission shall be exempt from Chapter 4117.	31280
of the Revised Code and shall not be public employees as defined	31281
in section 4117.01 of the Revised Code.	31282

(2) All employees of the commission who transferred to the	31283
commission from one of the commission's predecessor agencies upon	31284
the commission's creation and, when employed by the predecessor	31285
agency were included in a bargaining unit established under	31286
Chapter 4117. of the Revised Code, shall continue to be included	31287
in that bargaining unit, are public employees as defined in	31288
section 4117.01 of the Revised Code, and may collectively bargain	31289
with the commission in accordance with that chapter. Otherwise,	31290
any employee hired by the commission after ~~the effective date of~~	31291
~~this section~~July 1, 2005, either to fill vacancies or to fill new	31292
positions, shall be exempt from Chapter 4117. of the Revised Code	31293
and shall not be public employees as defined in section 4117.10 of	31294
the Revised Code.	31295

Sec. 3353.20. As used in sections 3353.20 to 3353.30 of the	31296
Revised Code:	31297

(A) "Clearinghouse" means the clearinghouse established under	31298
section 3353.21 of the Revised Code.	31299

(B) "Data verification code" means the code assigned to a	31300
student under division (D)(2) of section 3301.0714 of the Revised	31301
Code.	31302

(C) "One-half unit" of instruction has the same meaning as in	31303
section 3313.603 of the Revised Code.	31304

(D) A "student's community school" means the community school	31305
established under Chapter 3314. of the Revised Code in which the	31306
student is enrolled instead of being enrolled in a school operated	31307
by a school district.	31308

(E) A "student's school district" means the school district	31309
operating the school in which the student is lawfully enrolled.	31310

Sec. 3353.21. (A) The eTech Ohio commission shall establish	31311
a clearinghouse of interactive distance learning courses and other	31312
distance learning courses delivered via a computer-based method	31313
offered by school districts for sharing with other school	31314
districts and community schools for the fee set pursuant to	31315
section 3353.24 of the Revised Code. The commission shall not be	31316
responsible for the content of courses offered through the	31317
clearinghouse; however, all such courses shall be delivered only	31318
in accordance with technical specifications approved by the	31319
commission.	31320

(B) To offer a course through the clearinghouse, a school	31321
district shall apply to the commission in a form and manner	31322
prescribed by the commission. The application for each course	31323
shall describe the course of study in as much detail as required	31324
by the commission, the qualification and credentials of the	31325
teacher, the number of hours of instruction, the technology	31326
required to deliver and receive the course, the technical capacity	31327
of the school district to deliver the course, the times that the	31328
school district plans to deliver the course, and any other	31329
information required by the commission. The commission may require	31330
school districts to include in their applications information	31331
recommended by the state board of education under section 3353.30	31332
of the Revised Code.	31333

(C) The commission shall review the technical specifications	31334
of each application submitted under division (B) of this section	31335
and shall approve a course offered if the commission determines	31336
that the school district can satisfactorily deliver the course	31337
through the technology necessary for that delivery. In reviewing	31338
applications, the commission may consult with the department of	31339
education; however, the responsibility to either approve or not	31340
approve a course for the clearinghouse belongs to the commission.	31341
The commission may request additional information from a school	31342
district that submits an application under division (B) of this	31343
section, if the commission determines that such information is	31344
necessary. The commission may negotiate changes in the proposal to	31345
offer a course, if the commission determines that changes are	31346
necessary in order to approve the course.	31347

(D) The commission shall catalog each course approved for the	31348
clearinghouse, through a print or electronic medium, displaying	31349
the following:	31350

(1) Information necessary for a student and the student's	31351
parent, guardian, or custodian and the student's school district	31352
or community school to decide whether to enroll in the course;	31353

(2) Instructions for enrolling in that course, including	31354
deadlines for enrollment.	31355

Sec. 3353.22. (A) A student who is enrolled in a school	31356
operated by a school district or in a community school may enroll	31357
in a course included in the clearinghouse only if both of the	31358
following conditions are satisfied:	31359

(1) The student's enrollment in the course is approved by the	31360
student's school district or the student's community school.	31361

(2) The student's school district or the student's community	31362
school agrees to accept for credit the grade assigned by the	31363
district that is delivering the course.	31364

(B) For each student enrolling in a course, the student's	31365
school district or the student's community school shall transmit	31366
the student's data verification code and the student's name to the	31367
school district delivering the course.	31368

The district delivering the course may request from the	31369
student's school district or the student's community school other	31370
information from the student's school record. The student's school	31371
district or the student's community school shall provide the	31372
requested information only in accordance with section 3319.321 of	31373
the Revised Code.	31374

(C) The student's school district or the student's community	31375
school shall determine the manner in which and facilities at which	31376
the student shall participate in the course consistent with	31377
specifications for technology and connectivity adopted by the	31378
commission.	31379

(D) A student may withdraw from a course prior to the end of	31380
the course only by a date and in a manner prescribed by the	31381
student's school district or community school.	31382

(E) A student who is enrolled in a school operated by a	31383
school district or in a community school and who takes a course	31384
included in the clearinghouse shall be counted in the formula ADM	31385
of a school district under section 3317.03 of the Revised Code as	31386
if the student were taking the course from the student's school	31387
district or the student's community school.	31388

Sec. 3353.23. For each student enrolled in a course included	31389
in the clearinghouse, the student's school district or the	31390
student's community school and the school district delivering the	31391
course shall report to the department of education, in accordance	31392
with the guidelines established under section 3301.0714 of the	31393
Revised Code, the information the department determines is	31394
necessary for the department to make the deductions and payments	31395
required under section 3353.25 of the Revised Code.	31396

Sec. 3353.24. (A) Unless the eTech Ohio commission sets a	31397
different fee amount pursuant to division (B) of this section, the	31398
fee for each course that is the equivalent of one-half unit of	31399
instruction offered through the clearinghouse shall be one hundred	31400
seventy-five dollars per student. The commission shall set the fee	31401
for a course that is either less than or greater than one-half	31402
unit of instruction based on the proportional amount the course is	31403
either less than or greater than one-half unit of instruction.	31404

(B) The commission, by rule adopted in accordance with	31405
Chapter 119. of the Revised Code, may set a fee for courses	31406
offered through the clearinghouse at a rate other than the one	31407
specified in division (A) of this section.	31408

(C) The commission shall proportionally reduce the fee for	31409
any student who withdraws from a course prior to the end of the	31410
course pursuant to division (D) of section 3353.22 of the Revised	31411
Code.	31412

Sec. 3353.25. For each student enrolled in a course included	31413
in the clearinghouse, in accordance with information reported	31414
under section 3353.23 of the Revised Code and not later than the	31415
last day of that course, the department of education shall deduct	31416
the amount of the fee for that course from the student's school	31417
district or the student's community school, under division (P) of	31418
section 3317.023 or section 3314.086 or 3317.161 of the Revised	31419
Code, and shall pay that amount to the school district delivering	31420
the course.	31421

Sec. 3353.26. The grade for a student who enrolls in a	31422
course included in the clearinghouse shall be assigned by the	31423
school district that delivers the course and shall be transmitted	31424
by that district to the student's school district or the student's	31425
community school.	31426

Sec. 3353.27. The eTech Ohio commission may determine the	31427
manner in which a course included in the clearinghouse may be	31428
offered as a dual enrollment program as defined in section	31429
3313.6013 of the Revised Code, may be offered to students who are	31430
enrolled in nonpublic schools or are instructed at home pursuant	31431
to section 3321.04 of the Revised Code, or may be offered at times	31432
outside the normal school day or school week, including any	31433
necessary additional fees and methods of payment for a course so	31434
offered.	31435

Sec. 3353.28. The eTech Ohio commission shall adopt rules in	31436
accordance with Chapter 119. of the Revised Code prescribing	31437
procedures for the implementation of sections 3353.20 to 3353.27	31438
of the Revised Code.	31439

Sec. 3353.29. Nothing in sections 3353.20 to 3353.28 of the	31440
Revised Code, or in rules implementing those sections, shall	31441
prohibit a school district from offering an interactive distance	31442
learning course or other distance learning course using a	31443
computer-based method through any means other than the	31444
clearinghouse established and maintained under those sections.	31445

Sec. 3353.30. Not later than six months after the effective	31446
date of this section, the state board of education shall adopt a	31447
resolution recommending to the eTech Ohio commission the types of	31448
information about a distance learning course that the commission	31449
might require school districts to submit with their applications	31450
to include the course in the clearinghouse.	31451

Sec. 3354.10. (A) All funds under the control of a board of	31452
trustees of a community college district, regardless of the source	31453
thereof, may be deposited by such board to its credit in banks or	31454
trust companies designated by it. Such banks or trust companies	31455
shall furnish security for every such deposit to the extent and in	31456
the manner provided in section 135.18 of the Revised Code, but no	31457
such deposit shall otherwise be subject to sections 135.01 to	31458
135.21 of the Revised Code. Thereupon, such funds may be disbursed	31459
by the board of trustees for the uses and purposes of such	31460
district. No contract of the board involving the expenditure of	31461
money shall become effective until there is placed thereon by the	31462
treasurer as fiscal officer of the district the certificate	31463
provided for by section 5705.41 of the Revised Code.	31464

(B) The board of trustees of a community college district may	31465
provide for the investment of district funds. Investments may be	31466
made in securities of the United States government or of its	31467
agencies or instrumentalities, the treasurer of state's pooled	31468
investment program, obligations of this state or any political	31469
subdivision of this state, certificates of deposit of any national	31470
bank located in this state, written repurchase agreements with any	31471
eligible Ohio financial institution that is a member of the	31472
federal reserve system or federal home loan bank, money market	31473
funds, or bankers acceptances maturing in two hundred seventy days	31474
or less which are eligible for purchase by the federal reserve	31475
system, as a reserve. Notwithstanding the foregoing or any	31476
provision of the Revised Code to the contrary, the board of	31477
trustees of a community college district may provide for the	31478
investment of district funds in any manner authorized under	31479
section 3345.05 of the Revised Code.	31480

(C) Any community college district is subject to audit by the	31481
auditor of state, who shall furnish to the county or counties	31482
which created the district a copy of the audit report.	31483

Sec. 3357.01. As used in ~~sections 3357.01 to 3357.19,~~	31484
~~inclusive, of the Revised Code~~this chapter:	31485

(A) "Technical college" means an institution of education	31486
beyond the high school, including an institution of higher	31487
education, organized for the principal purpose of providing for	31488
the residents of the technical college district, wherein such	31489
college is situated, any one or more of the instructional programs	31490
defined in this section as "~~technical-college~~technical college,"	31491
or "adult-education technical programs," normally not exceeding	31492
two years duration and not leading to a baccalaureate degree.	31493

(B) "Technical college district" means a political	31494
subdivision of the state and a body corporate with all the powers	31495
of a corporation, comprised of the territory of a city school	31496
district or a county, or two or more contiguous school districts	31497
or counties, which meets the standards prescribed by the Ohio	31498
board of regents pursuant to section 3357.02 of the Revised Code,	31499
and which is organized for the purpose of establishing, owning,	31500
and operating one or more technical colleges within the territory	31501
of such district.	31502

(C) "Contiguous school districts or counties" means school	31503
districts or counties so located that each such school district or	31504
county shares at least one boundary or a portion thereof in common	31505
with at least one other such school district or county in the	31506
group of school districts or counties referred to as being	31507
"contiguous."	31508

(D) "Technical college program" means a post high school	31509
curricular program provided within a technical college, planned	31510
and intended to qualify students, after satisfactory completion of	31511
such a program normally two years in duration, to pursue careers	31512
in which they provide immediate technical assistance to	31513
professional or managerial persons generally required to hold	31514
baccalaureate or higher academic degrees in technical or	31515
professional fields. The technical and professional fields	31516
referred to in this section include, but are not limited to,	31517
engineering and physical, medical, or other sciences.	31518

(E) "Adult-education technical program" means the	31519
dissemination of post high school technical education service and	31520
knowledge, for the occupational, or general educational benefit of	31521
adult persons.	31522

(F) "Charter amendment" means a change in the official plan	31523
of a technical college for the purpose of acquiring additional	31524
lands or structures, disposing of or transferring lands or	31525
structures, erecting structures, creating or abolishing technical	31526
college or adult education technical curricular programs.	31527

(G) "Baccalaureate-oriented associate degree program" means a	31528
curricular program of not more than two years' duration that is	31529
planned and intended to enable students to gain academic credit	31530
for courses comparable to first- and second-year courses offered	31531
by accredited colleges and universities. The purpose of	31532
baccalaureate-oriented associate degree coursework in technical	31533
colleges is to enable students to transfer to colleges and	31534
universities and earn baccalaureate degrees or to enable students	31535
to terminate academic study after two years with a proportionate	31536
recognition of academic achievement through receipt of an	31537
associate degree.	31538

Sec. 3357.10. (A) The board of trustees of a technical	31539
college district shall elect a treasurer, who is not a member of	31540
the board, to serve at its pleasure. The treasurer may be the	31541
person serving as secretary under section 3357.06 of the Revised	31542
Code. The treasurer shall be the fiscal officer of the district	31543
and shall receive and disburse all funds of the district under the	31544
direction of the board. No contract of the board involving the	31545
expenditure of money shall become effective until the treasurer	31546
certifies that there are funds of the board otherwise	31547
unappropriated sufficient to provide therefor.	31548

When the treasurer of the district ceases to hold such	31549
office, the treasurer or the treasurer's legal representatives	31550
shall deliver to the board or to the treasurer's successor all	31551
moneys, books, papers, and other property of the district in the	31552
treasurer's possession as treasurer. In case of the death or	31553
incapacity of the treasurer, the treasurer's legal representatives	31554
shall, in like manner, deliver all moneys, books, papers, and	31555
other property of the district to the board or to the person named	31556
as the treasurer's successor.	31557

(B) All funds under the control of a board of trustees of a	31558
technical college district, regardless of the source of the funds,	31559
may be deposited by the board to its credit in banks or trust	31560
companies designated by it. The banks or trust companies shall	31561
furnish security for every deposit to the extent and in the manner	31562
provided in section 135.18 of the Revised Code, but no deposit	31563
shall otherwise be subject to sections 135.01 to 135.21 of the	31564
Revised Code. Funds deposited in a bank or trust company may be	31565
disbursed by the board of trustees for the uses and purposes of	31566
the district.	31567

(C) The board may provide for the investment of district	31568
funds. Investments may be made in securities of the United States	31569
government or of its agencies or instrumentalities, the treasurer	31570
of state's pooled investment program, obligations of this state or	31571
any political subdivision of this state, certificates of deposit	31572
of any national bank located in this state, written repurchase	31573
agreements with any eligible Ohio financial institution that is a	31574
member of the federal reserve system or federal home loan bank,	31575
money market funds, or bankers acceptances maturing in two hundred	31576
seventy days or less which are eligible for purchase by the	31577
federal reserve system, as a reserve. Notwithstanding the	31578
foregoing or any provision of the Revised Code to the contrary,	31579
the board of trustees of a technical college district may provide	31580
for the investment of district funds in any manner authorized	31581
under section 3345.05 of the Revised Code.	31582

Sec. 3357.13. As used in this section, "state institution of	31583
higher education" has the same meaning as in section 3345.011 of	31584
the Revised Code.	31585

A technical college regardless of its co-location with	31586
another state institution of higher education may offer any	31587
baccalaureate-oriented associate degree program, provided however	31588
that any new or expanded programs at co-located campuses must be	31589
approved by the chancellor of the Ohio board of regents. In	31590
reviewing such programs, the chancellor shall determine whether	31591
the proposed program would promote cooperation and collaboration	31592
between co-located institutions while minimizing duplication.	31593

Sec. 3358.06. (A) The treasurer of each state community	31594
college district shall be its fiscal officer, and the treasurer	31595
shall receive and disburse all funds under the direction of the	31596
college president. No contract of the college's board of trustees	31597
involving the expenditure of money shall become effective until	31598
the treasurer certifies that there are funds of the board	31599
otherwise uncommitted and sufficient to provide therefor.	31600

When the treasurer ceases to hold the office, the treasurer	31601
or the treasurer's legal representative shall deliver to the	31602
treasurer's successor or the president all moneys, books, papers,	31603
and other property of the college.	31604

Before entering upon the discharge of official duties, the	31605
treasurer shall give bond to the state for the faithful	31606
performance of official duties and the proper accounting for all	31607
moneys coming into the treasurer's care. The amount of the bond	31608
shall be determined by the board but shall not be for a sum less	31609
than the estimated amount that may come into the treasurer's	31610
control at any time. The bond shall be approved by the attorney	31611
general.	31612

(B) The board of trustees may provide for the investment of	31613
district funds. Investments may be made in securities of the	31614
United States government or of its agencies or instrumentalities,	31615
the treasurer of state's pooled investment program, obligations of	31616
this state or any political subdivision of this state,	31617
certificates of deposit of any national bank located in this	31618
state, written repurchase agreements with any eligible Ohio	31619
financial institution that is a member of the federal reserve	31620
system or federal home loan bank, money market funds, or bankers	31621
acceptances maturing in two hundred seventy days or less which are	31622
eligible for purchase by the federal reserve system, as a reserve.	31623
Notwithstanding the foregoing or any provision of the Revised Code	31624
to the contrary, the board of trustees of a state community	31625
college district may provide for the investment of district funds	31626
in any manner authorized under section 3345.05 of the Revised	31627
Code.	31628

Sec. 3365.01. As used in this chapter:

31629

(A) "College" means any state-assisted college or university	31630
described in section 3333.041 of the Revised Code, any nonprofit	31631
institution holding a certificate of authorization pursuant to	31632
Chapter 1713. of the Revised Code, any private institution exempt	31633
from regulation under Chapter 3332. of the Revised Code as	31634
prescribed in section 3333.046 of the Revised Code, and any	31635
institution holding a certificate of registration from the state	31636
board of career colleges and schools and program authorization for	31637
an associate or bachelor's degree program issued under section	31638
3332.05 of the Revised Code.	31639

(B) "School district," except as specified in division (G) of	31640
this section, means any school district to which a student is	31641
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	31642
the Revised Code and does not include a joint vocational or	31643
cooperative education school district.	31644

(C) "Parent" has the same meaning as in section 3313.64 of	31645
the Revised Code.	31646

(D) "Participant" means a student enrolled in a college under	31647
the post-secondary enrollment options program established by this	31648
chapter.	31649

(E) "Secondary grade" means the ninth through twelfth grades.

31650

(F) "School foundation payments" means the amount required to	31651
be paid to a school district for a fiscal year under Chapter 3317.	31652
of the Revised Code.	31653

(G) "Tuition base" means, with respect to a participant's	31654
school district, the ~~greater of the following:~~	31655

~~(1) The fiscal year 2005 formula amount defined in section~~	31656
~~3317.02 of the Revised Code multiplied by the district's fiscal~~	31657
~~year 2005 cost-of-doing-business factor defined in that section;~~	31658

~~(2) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	31659
~~cost-of-doing-business factor defined in section 3317.02 of the~~	31660
~~Revised Code)~~ plus the per pupil amount of the base funding	31661
supplements specified in divisions (C)(1) to (4) of section	31662
3317.012 of the Revised Code.	31663

The participant's "school district" in the case of a	31664
participant enrolled in a community school shall be the school	31665
district in which the student is entitled to attend school under	31666
section 3313.64 or 3313.65 of the Revised Code.	31667

(H) "Educational program" means enrollment in one or more	31668
school districts, in a nonpublic school, or in a college under	31669
division (B) of section 3365.04 of the Revised Code.	31670

(I) "Nonpublic school" means a chartered or nonchartered	31671
school for which minimum standards are prescribed by the state	31672
board of education pursuant to division (D) of section 3301.07 of	31673
the Revised Code.	31674

(J) "School year" means the year beginning on the first day	31675
of July and ending on the thirtieth day of June.	31676

(K) "Community school" means any school established pursuant	31677
to Chapter 3314. of the Revised Code that includes secondary	31678
grades.	31679

(L) "~~Community school payments" means payments made by the~~	31680
~~department of education to a community school pursuant to division~~	31681
~~(D) of section 3314.08~~STEM school" means a science, technology,	31682
engineering, and mathematics school established under Chapter	31683
3326. of the Revised Code.	31684

Sec. 3365.02. There is hereby established the post-secondary	31685
enrollment options program under which a secondary grade student	31686
who is a resident of this state may enroll at a college, on a	31687
full- or part-time basis, and complete nonsectarian courses for	31688
high school and college credit.	31689

Secondary grade students in a nonpublic school may	31690
participate in the post-secondary enrollment options program if	31691
the chief administrator of such school notifies the department of	31692
education by the first day of April prior to the school year in	31693
which the school's students will participate.	31694

The state board of education, after consulting with the board	31695
of regents, shall adopt rules governing the program. The rules	31696
shall include:	31697

(A) Requirements for school districts, community schools, or	31698
participating nonpublic schools to provide information about the	31699
program prior to the first day of March of each year to all	31700
students enrolled in grades eight through eleven;	31701

(B) A requirement that a student or the student's parent	31702
inform the district board of education, the governing authority of	31703
a community school, the STEM school chief administrative officer,	31704
or the nonpublic school administrator by the thirtieth day of	31705
March of the student's intent to participate in the program	31706
during the following school year. The rule shall provide that any	31707
student who fails to ~~notify a district board, the governing~~	31708
~~authority of a community school, or the nonpublic school~~	31709
~~administrator~~provide the notification by the required date may	31710
not participate in the program during the following school year	31711
without the written consent of the district superintendent, the	31712
governing authority of a community school, the STEM school chief	31713
administrative officer, or the nonpublic school administrator.	31714

(C) Requirements that school districts ~~and~~, community	31715
schools, and STEM schools provide counseling services to students	31716
in grades eight through eleven and to their parents before the	31717
students participate in the program under this chapter to ensure	31718
that students and parents are fully aware of the possible risks	31719
and consequences of participation. Counseling information shall	31720
include without limitation:	31721

(1) Program eligibility;

31722

(2) The process for granting academic credits;

31723

(3) Financial arrangements for tuition, books, materials, and	31724
fees;	31725

(4) Criteria for any transportation aid;

31726

(5) Available support services;

31727

(6) Scheduling;

31728

(7) The consequences of failing or not completing a course in	31729
which the student enrolls and the effect of the grade attained in	31730
the course being included in the student's grade point average, if	31731
applicable;	31732

(8) The effect of program participation on the student's	31733
ability to complete the district's~~, community school's,~~ or	31734
~~nonpublic~~ school's graduation requirements;	31735

(9) The academic and social responsibilities of students and	31736
parents under the program;	31737

(10) Information about and encouragement to use the	31738
counseling services of the college in which the student intends to	31739
enroll.	31740

(D) A requirement that the student and the student's parent	31741
sign a form, provided by the school district or school, stating	31742
that they have received the counseling required by division (C) of	31743
this section and that they understand the responsibilities they	31744
must assume in the program;	31745

(E) The options required by section 3365.04 of the Revised	31746
Code;	31747

(F) A requirement that a student may not enroll in any	31748
specific college course through the program if the student has	31749
taken high school courses in the same subject area as that college	31750
course and has failed to attain a cumulative grade point average	31751
of at least 3.0 on a 4.0 scale, or the equivalent, in such	31752
completed high school courses.	31753

Sec. 3365.03. (A) Notwithstanding any other provision of	31754
law, a student enrolled in a school district, a community school,	31755
a STEM school, or a participating nonpublic school may apply to a	31756
college to enroll in it during the student's ninth, tenth,	31757
eleventh, or twelfth grade school year under this chapter. For	31758
purposes of this division, during the period of an expulsion	31759
imposed under division (B) of section 3313.66 of the Revised Code	31760
or extended under division (F) of that section, a student is	31761
ineligible to apply to enroll in a college under this section,	31762
unless the student is admitted to another school district or	31763
community school, or a participating nonpublic school. If a	31764
student is enrolled in a college under this section at the time	31765
the student is expelled under division (B) of section 3313.66 of	31766
the Revised Code, the student's status for the remainder of the	31767
college term in which the expulsion is imposed shall be determined	31768
under section 3365.041 of the Revised Code.	31769

(B) If a college accepts a student who applies under this	31770
section, it shall send written notice to the student, the	31771
student's school district, community school, STEM school, or	31772
nonpublic school, and the superintendent of public instruction	31773
within ten days after acceptance. Within ten days after each	31774
enrollment for a term, the college shall also send the student,	31775
the student's school district, community school, STEM school, or	31776
nonpublic school, and the superintendent of public instruction a	31777
written notice indicating the courses and hours of enrollment of	31778
the student and the option elected by the student under division	31779
(A) or (B) of section 3365.04 of the Revised Code for each course.	31780

Sec. 3365.04. The rules adopted under section 3365.02 of the	31781
Revised Code shall provide for students to enroll in courses under	31782
either of the following options:	31783

(A) The student may elect at the time of enrollment to be	31784
responsible for payment of all tuition and the cost of all	31785
textbooks, materials, and fees associated with the course. The	31786
college shall notify the student about payment of tuition and fees	31787
in the customary manner followed by the college. A student	31788
electing this option also shall elect, at the time of enrollment,	31789
whether to receive only college credit or high school credit and	31790
college credit for the course.	31791

(1) The student may elect to receive only college credit for	31792
the course. Except as provided in section 3365.041 of the Revised	31793
Code, if the student successfully completes the course, the	31794
college shall award the student full credit for the course, but	31795
the board of education, community school governing authority, STEM	31796
school, or nonpublic participating school shall not award the high	31797
school credit.	31798

(2) The student may elect to receive both high school credit	31799
and college credit for the course. Except as provided in section	31800
3365.041 of the Revised Code, if the student successfully	31801
completes the course, the college shall award the student full	31802
credit for the course and the board of education, community school	31803
governing authority, STEM school, or nonpublic school shall award	31804
the student high school credit.	31805

(B) The student may elect at the time of enrollment for each	31806
course to have the college reimbursed under section 3365.07 of the	31807
Revised Code. Except as provided in section 3365.041 of the	31808
Revised Code, if the student successfully completes the course,	31809
the college shall award the student full credit for the course,	31810
the board of education, community school governing authority, STEM	31811
school, or nonpublic school shall award the student high school	31812
credit, and the college shall be reimbursed in accordance with	31813
section 3365.07 of the Revised Code.	31814

When determining a school district's formula ADM under	31815
section 3317.03 of the Revised Code, the time a participant is	31816
attending courses under division (A) of this section shall be	31817
considered as time the participant is not attending or enrolled in	31818
school anywhere, and the time a participant is attending courses	31819
under division (B) of this section shall be considered as time the	31820
participant is attending or enrolled in the district's schools.	31821

Sec. 3365.041. (A) When a school district superintendent or,	31822
the governing authority of a community school, or the chief	31823
administrative officer of a STEM school expels a student under	31824
division (B) of section 3313.66 of the Revised Code, the district	31825
superintendent, governing authority, or ~~board~~chief administrative	31826
officer shall send a written notice of the expulsion to any	31827
college in which the expelled student is enrolled under section	31828
3365.03 of the Revised Code at the time the expulsion is imposed.	31829
The notice shall indicate the date the expulsion is scheduled to	31830
expire. The notice also shall indicate whether the district board	31831
of education or, community school governing authority, or the	31832
STEM school has adopted a policy under section 3313.613 of the	31833
Revised Code to deny high school credit for post-secondary	31834
courses taken during an expulsion. If the expulsion is extended	31835
under division (F) of section 3313.66 of the Revised Code, the	31836
district superintendent or, community school governing authority,	31837
or STEM school chief administrative officer shall notify the	31838
college of the extension.	31839

(B) A college may withdraw its acceptance under section	31840
3365.03 of the Revised Code of a student who is expelled from	31841
school under division (B) of section 3313.66 of the Revised Code.	31842
As provided in section 3365.03 of the Revised Code, regardless of	31843
whether the college withdraws its acceptance of the student for	31844
the college term in which the student is expelled, the student is	31845
ineligible to enroll in a college under that section for	31846
subsequent college terms during the period of the expulsion,	31847
unless the student enrolls in another school district or community	31848
school, or a participating nonpublic school during that period.	31849

If a college withdraws its acceptance of an expelled student	31850
who elected either option of division (A)(1) or (2) of section	31851
3365.04 of the Revised Code, the college shall refund tuition and	31852
fees paid by the student in the same proportion that it refunds	31853
tuition and fees to students who voluntarily withdraw from the	31854
college at the same time in the term.	31855

If a college withdraws its acceptance of an expelled student	31856
who elected the option of division (B) of section 3365.04 of the	31857
Revised Code, the school district or, community school, or STEM	31858
school shall not award high school credit for the college courses	31859
in which the student was enrolled at the time the college withdrew	31860
its acceptance, and any reimbursement under section 3365.07 of the	31861
Revised Code for the student's attendance prior to the withdrawal	31862
shall be the same as would be paid for a student who voluntarily	31863
withdrew from the college at the same time in the term. If the	31864
withdrawal results in the college's receiving no reimbursement,	31865
the college may require the student to return or pay for the	31866
textbooks and materials it provided the student free of charge	31867
under section 3365.08 of the Revised Code.	31868

(C) When a student who elected the option of division (B) of	31869
section 3365.04 of the Revised Code is expelled under division (B)	31870
of section 3313.66 of the Revised Code from a school district or,	31871
community school, or STEM school that has adopted a policy under	31872
section 3313.613 of the Revised Code, that election is	31873
automatically revoked for all college courses in which the student	31874
is enrolled during the college term in which the expulsion is	31875
imposed. Any reimbursement under section 3365.07 of the Revised	31876
Code for the student's attendance prior to the expulsion shall be	31877
the same as would be paid for a student who voluntarily withdrew	31878
from the college at the same time in the term. If the revocation	31879
results in the college's receiving no reimbursement, the college	31880
may require the student to return or pay for the textbooks and	31881
materials it provided the student free of charge under section	31882
3365.08 of the Revised Code.	31883

No later than five days after receiving an expulsion notice	31884
from the superintendent of a district or, the governing authority	31885
of a community school, or the chief administrative officer of a	31886
STEM school that has adopted a policy under section 3313.613 of	31887
the Revised Code, the college shall send a written notice to the	31888
expelled student that the student's election of division (B) of	31889
section 3365.04 of the Revised Code is revoked. If the college	31890
elects not to withdraw its acceptance of the student, the student	31891
shall pay all applicable tuition and fees for the college courses	31892
and shall pay for the textbooks and materials that the college	31893
provided under section 3365.08 of the Revised Code.	31894

Sec. 3365.05. High school credit awarded for courses	31895
successfully completed under this chapter shall count toward the	31896
graduation requirements and subject area requirements of the	31897
school district, community school, STEM school, or nonpublic	31898
school. If a course comparable to one a student completed at a	31899
college is offered by the district~~, community school,~~ or ~~nonpublic~~	31900
school, the board or school shall award comparable credit for the	31901
course completed at the college. If no comparable course is	31902
offered by the district~~, community school,~~ or ~~nonpublic~~ school,	31903
the board or school shall grant an appropriate number of credits	31904
in a similar subject area to the student.	31905

If there is a dispute between a school district board or, a	31906
community school governing authority, or a STEM school and a	31907
student regarding high school credits granted for a course, the	31908
student may appeal the ~~board's or governing authority's~~ decision	31909
to the state board of education. The state board's decision	31910
regarding any high school credits granted under this section is	31911
final.	31912

Evidence of successful completion of each course and the high	31913
school credits awarded by the district~~, community school,~~ or	31914
~~participating nonpublic~~ school shall be included in the student's	31915
record. The record shall indicate that the credits were earned as	31916
a participant under this chapter and shall include the name of the	31917
college at which the credits were earned. The district ~~board,~~	31918
~~community school governing authority,~~ or ~~nonpublic~~ school shall	31919
determine whether and the manner in which the grade achieved in a	31920
course completed at a college under division (A)(2) or (B) of	31921
section 3365.04 of the Revised Code will be counted in any	31922
cumulative grade point average maintained for the student.	31923

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	31924
the Revised Code shall specify a method for each of the following:	31925

(1) Determining, with respect to any participant, the	31926
percentage of a full-time educational program constituted by the	31927
participant's total educational program. That percentage shall be	31928
the participant's full-time equivalency percentage for purposes of	31929
the computation required by division (B)(1) of this section.	31930

(2) In the case of a participant who is not enrolled in a	31931
participating nonpublic school, determining the percentage of a	31932
participant's school day during which the participant is	31933
participating in each of the following:	31934

(a) Programs provided by the city, local, or exempted village	31935
school district, or a community school, or a STEM school;	31936

(b) Programs provided by a joint vocational school district;

31937

(c) Programs provided by a college under division (B) of	31938
section 3365.04 of the Revised Code.	31939

The sum of divisions (A)(2)(a) to (c) of this section shall equal	31940
one hundred per cent.	31941

(3) In the case of a participant who is not enrolled in a	31942
participating nonpublic school, determining the percentage of a	31943
participant's enrollment that shall be deemed to be enrollment in	31944
a joint vocational school district and the percentage that shall	31945
be deemed to be enrollment in a city, local, or exempted village	31946
school district. The sum of such percentages shall equal one	31947
hundred per cent.	31948

(4) In the case of a participant who is enrolled in a	31949
participating nonpublic school, determining the percentage of a	31950
participant's school day during which the participant is	31951
participating in programs provided by a college under division (B)	31952
of section 3365.04 of the Revised Code.	31953

(B) Each July, the department of education shall pay each	31954
college for any participant enrolled in the college in the prior	31955
school year under division (B) of section 3365.04 of the Revised	31956
Code an amount computed as follows:	31957

(1) Multiply the tuition base by the participant's full-time	31958
equivalency percentage and multiply the resulting amount by a	31959
percentage equal to the percentage of the participant's school day	31960
apportioned to the college under division (A)(2)(c) or (4) of this	31961
section, as applicable.	31962

(2) Pay the college the lesser of:

31963

(a) The amount computed under division (B)(1) of this	31964
section;	31965

(b) The actual costs that would have been the responsibility	31966
of the participant had the participant elected to enroll under	31967
division (A) of section 3365.04 of the Revised Code, as verified	31968
by the department, of tuition, textbooks, materials, and fees	31969
directly related to any courses elected by the participant during	31970
the prior school year under division (B) of section 3365.04 of the	31971
Revised Code.	31972

(C) The department shall not reimburse any college for any	31973
course taken by a participant under division (A) of section	31974
3365.04 of the Revised Code.	31975

(D) If the participant was not enrolled in a participating	31976
nonpublic school, the amount paid under division (B) of this	31977
section for each participant shall be subtracted from the school	31978
foundation payments made to the participant's school district or,	31979
if the participant was enrolled in a community school or a STEM	31980
school, from the ~~community school~~ payments made to the	31981
participant's school under section 3314.08 or 3326.33 of the	31982
Revised Code. If the participant was enrolled in a joint	31983
vocational school district, a portion of the amount shall be	31984
subtracted from the payments to the joint vocational school	31985
district and a portion shall be subtracted from the payments to	31986
the participant's city, local, or exempted village school	31987
district. The amount of the payment subtracted from the city,	31988
local, or exempted village school district shall be computed as	31989
follows:	31990

(1) Add the following:

31991

(a) The percentage of the participant's enrollment in the	31992
school district, determined under division (A)(3) of this section;	31993
and	31994

(b) Twenty-five per cent times the percentage of the	31995
participant's enrollment in the joint vocational school district,	31996
determined under division (A)(3) of this section.	31997

(2) Multiply the sum obtained under division (D)(1) of this	31998
section by the amount computed under division (B)(2) of this	31999
section.	32000

The balance of the payment shall be subtracted from the joint	32001
vocational district's school foundation payments.	32002

(E) If the participant was enrolled in a participating	32003
nonpublic school, the amount paid under division (B) of this	32004
section shall be subtracted from moneys set aside by the general	32005
assembly for such purpose from funds appropriated for the purposes	32006
of section 3317.06 of the Revised Code.	32007

Sec. 3365.09. Section 3365.07 and divisions (A) and (C) of	32008
section 3365.08 of the Revised Code do not apply to any college	32009
course in which a student is enrolled if during the term such	32010
student is enrolled in the college course the student is also a	32011
full-time student in the student's district, community school,	32012
STEM school, or nonpublic school. The rules adopted under section	32013
3365.02 of the Revised Code shall prescribe a method for	32014
determining whether a student is enrolled full-time in the	32015
student's district, community school, STEM school, or nonpublic	32016
school.	32017

Sec. 3365.11. (A) If the superintendent of the school	32018
district or the chief administrator of the community school or	32019
STEM school in which a participant is enrolled determines that the	32020
participant has not attained a passing final grade in a college	32021
course in which the participant enrolled under this chapter, the	32022
superintendent or chief administrator shall seek reimbursement	32023
from the participant or the participant's parent for the amount of	32024
state funds paid to the college on behalf of the participant for	32025
that college course. The board of education of the school district	32026
or, the governing authority of the community school, or the STEM	32027
school in accordance with division (C) of section 3313.642 of	32028
the Revised Code, may withhold grades and credits received by the	32029
participant for district or community school courses taken by the	32030
participant until the participant or the participant's parent	32031
provides reimbursement.	32032

(B) If the chief administrator of the nonpublic school in	32033
which a participant is enrolled determines that the participant	32034
has not attained a passing final grade in a college course in	32035
which the participant enrolled under this chapter, the chief	32036
administrator shall seek reimbursement from the participant or the	32037
participant's parent for the amount of state funds paid to the	32038
college on behalf of the participant for enrollment in that	32039
college course. Upon the collection of any funds from a	32040
participant or participant's parent under this division, the chief	32041
administrator of a nonpublic school shall send an amount equal to	32042
the funds collected to the superintendent of public instruction.	32043
The superintendent of public instruction shall credit that amount	32044
to the general revenue fund.	32045

Sec. 3381.04. (A) In lieu of the procedure set forth in	32046
section 3381.03 of the Revised Code, any county with a population	32047
of five hundred thousand or more, at any time before the creation	32048
of a regional arts and cultural district under that section, may	32049
create a regional arts and cultural district by adoption of a	32050
resolution by the board of county commissioners of that county.	32051
The resolution shall state all of the following:	32052

(1) The purposes for the creation of the district;

32053

(2) That the territory of the district shall be coextensive	32054
with the territory of the county;	32055

(3) The official name by which the district shall be known;

32056

(4) The location of the principal office of the district or	32057
the manner in which the location shall be selected.	32058

(B) The district provided for in the resolution shall be	32059
created upon the adoption of the resolution by the board of county	32060
commissioners of that county. Upon the adoption of the resolution,	32061
the county and the municipal corporations and townships contained	32062
in the county shall not thereafter be a part of any other regional	32063
arts and cultural district.	32064

(C) The board of trustees of any regional arts and cultural	32065
district formed in accordance with this section shall be comprised	32066
of ~~three~~five members appointed by the board of county	32067
commissioners.	32068

Sec. 3501.01. As used in the sections of the Revised Code	32069
relating to elections and political communications:	32070

(A) "General election" means the election held on the first	32071
Tuesday after the first Monday in each November.	32072

(B) "Regular municipal election" means the election held on	32073
the first Tuesday after the first Monday in November in each	32074
odd-numbered year.	32075

(C) "Regular state election" means the election held on the	32076
first Tuesday after the first Monday in November in each	32077
even-numbered year.	32078

(D) "Special election" means any election other than those	32079
elections defined in other divisions of this section. A special	32080
election may be held only on the first Tuesday after the first	32081
Monday in February, May, August, or November, or on the day	32082
authorized by a particular municipal or county charter for the	32083
holding of a primary election, except that in any year in which a	32084
presidential primary election is held, no special election shall	32085
be held in February or May, except as authorized by a municipal or	32086
county charter, but may be held on the first Tuesday after the	32087
first Monday in March.	32088

(E)(1) "Primary" or "primary election" means an election held	32089
for the purpose of nominating persons as candidates of political	32090
parties for election to offices, and for the purpose of electing	32091
persons as members of the controlling committees of political	32092
parties and as delegates and alternates to the conventions of	32093
political parties. Primary elections shall be held on the first	32094
Tuesday after the first Monday in May of each year except in years	32095
in which a presidential primary election is held.	32096

(2) "Presidential primary election" means a primary election	32097
as defined by division (E)(1) of this section at which an election	32098
is held for the purpose of choosing delegates and alternates to	32099
the national conventions of the major political parties pursuant	32100
to section 3513.12 of the Revised Code. Unless otherwise	32101
specified, presidential primary elections are included in	32102
references to primary elections. In years in which a presidential	32103
primary election is held, all primary elections shall be held on	32104
the first Tuesday after the first Monday in March except as	32105
otherwise authorized by a municipal or county charter.	32106

(F) "Political party" means any group of voters meeting the	32107
requirements set forth in section 3517.01 of the Revised Code for	32108
the formation and existence of a political party.	32109

(1) "Major political party" means any political party	32110
organized under the laws of this state whose candidate for	32111
governor or nominees for presidential electors received no less	32112
than twenty per cent of the total vote cast for such office at the	32113
most recent regular state election.	32114

(2) "Intermediate political party" means any political party	32115
organized under the laws of this state whose candidate for	32116
governor or nominees for presidential electors received less than	32117
twenty per cent but not less than ten per cent of the total vote	32118
cast for such office at the most recent regular state election.	32119

(3) "Minor political party" means any political party	32120
organized under the laws of this state whose candidate for	32121
governor or nominees for presidential electors received less than	32122
ten per cent but not less than five per cent of the total vote	32123
cast for such office at the most recent regular state election or	32124
which has filed with the secretary of state, subsequent to any	32125
election in which it received less than five per cent of such	32126
vote, a petition signed by qualified electors equal in number to	32127
at least one per cent of the total vote cast for such office in	32128
the last preceding regular state election, except that a newly	32129
formed political party shall be known as a minor political party	32130
until the time of the first election for governor or president	32131
which occurs not less than twelve months subsequent to the	32132
formation of such party, after which election the status of such	32133
party shall be determined by the vote for the office of governor	32134
or president.	32135

(G) "Dominant party in a precinct" or "dominant political	32136
party in a precinct" means that political party whose candidate	32137
for election to the office of governor at the most recent regular	32138
state election at which a governor was elected received more votes	32139
than any other person received for election to that office in such	32140
precinct at such election.	32141

(H) "Candidate" means any qualified person certified in	32142
accordance with the provisions of the Revised Code for placement	32143
on the official ballot of a primary, general, or special election	32144
to be held in this state, or any qualified person who claims to be	32145
a write-in candidate, or who knowingly assents to being	32146
represented as a write-in candidate by another at either a	32147
primary, general, or special election to be held in this state.	32148

(I) "Independent candidate" means any candidate who claims	32149
not to be affiliated with a political party, and whose name has	32150
been certified on the office-type ballot at a general or special	32151
election through the filing of a statement of candidacy and	32152
nominating petition, as prescribed in section 3513.257 of the	32153
Revised Code.	32154

(J) "Nonpartisan candidate" means any candidate whose name is	32155
required, pursuant to section 3505.04 of the Revised Code, to be	32156
listed on the nonpartisan ballot, including all candidates for	32157
judicial office, for member of any board of education, for	32158
municipal or township offices in which primary elections are not	32159
held for nominating candidates by political parties, and for	32160
offices of municipal corporations having charters that provide for	32161
separate ballots for elections for these offices.	32162

(K) "Party candidate" means any candidate who claims to be a	32163
member of a political party, whose name has been certified on the	32164
office-type ballot at a general or special election through the	32165
filing of a declaration of candidacy and petition of candidate,	32166
and who has won the primary election of the candidate's party for	32167
the public office the candidate seeks or is selected by party	32168
committee in accordance with section 3513.31 of the Revised Code.	32169

(L) "Officer of a political party" includes, but is not	32170
limited to, any member, elected or appointed, of a controlling	32171
committee, whether representing the territory of the state, a	32172
district therein, a county, township, a city, a ward, a precinct,	32173
or other territory, of a major, intermediate, or minor political	32174
party.	32175

(M) "Question or issue" means any question or issue certified	32176
in accordance with the Revised Code for placement on an official	32177
ballot at a general or special election to be held in this state.	32178

(N) "Elector" or "qualified elector" means a person having	32179
the qualifications provided by law to be entitled to vote.	32180

(O) "Voter" means an elector who votes at an election.

32181

(P) "Voting residence" means that place of residence of an	32182
elector which shall determine the precinct in which the elector	32183
may vote.	32184

(Q) "Precinct" means a district within a county established	32185
by the board of elections of such county within which all	32186
qualified electors having a voting residence therein may vote at	32187
the same polling place.	32188

(R) "Polling place" means that place provided for each	32189
precinct at which the electors having a voting residence in such	32190
precinct may vote.	32191

(S) "Board" or "board of elections" means the board of	32192
elections appointed in a county pursuant to section 3501.06 of the	32193
Revised Code.	32194

(T) "Political subdivision" means a county, township, city,	32195
village, or school district.	32196

(U) "Election officer" or "election official" means any of	32197
the following:	32198

(1) Secretary of state;

32199

(2) Employees of the secretary of state serving the division	32200
of elections in the capacity of attorney, administrative officer,	32201
administrative assistant, elections administrator, office manager,	32202
or clerical supervisor;	32203

(3) Director of a board of elections;

32204

(4) Deputy director of a board of elections;

32205

(5) Member of a board of elections;

32206

(6) Employees of a board of elections;

32207

(7) Precinct polling place judges ~~and clerks~~;

32208

(8) Employees appointed by the boards of elections on a	32209
temporary or part-time basis.	32210

(V) "Acknowledgment notice" means a notice sent by a board of	32211
elections, on a form prescribed by the secretary of state,	32212
informing a voter registration applicant or an applicant who	32213
wishes to change the applicant's residence or name of the status	32214
of the application; the information necessary to complete or	32215
update the application, if any; and if the application is	32216
complete, the precinct in which the applicant is to vote.	32217

(W) "Confirmation notice" means a notice sent by a board of	32218
elections, on a form prescribed by the secretary of state, to a	32219
registered elector to confirm the registered elector's current	32220
address.	32221

(X) "Designated agency" means an office or agency in the	32222
state that provides public assistance or that provides	32223
state-funded programs primarily engaged in providing services to	32224
persons with disabilities and that is required by the National	32225
Voter Registration Act of 1993 to implement a program designed and	32226
administered by the secretary of state for registering voters, or	32227
any other public or government office or agency that implements a	32228
program designed and administered by the secretary of state for	32229
registering voters, including the department of job and family	32230
services, the program administered under section 3701.132 of the	32231
Revised Code by the department of health, the department of mental	32232
health, the department of mental retardation and developmental	32233
disabilities, the rehabilitation services commission, and any	32234
other agency the secretary of state designates. "Designated	32235
agency" does not include public high schools and vocational	32236
schools, public libraries, or the office of a county treasurer.	32237

(Y) "National Voter Registration Act of 1993" means the	32238
"National Voter Registration Act of 1993," 107 Stat. 77, 42	32239
U.S.C.A. 1973gg.	32240

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	32241
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	32242

(AA) "Photo identification" means a document that meets each	32243
of the following requirements:	32244

(1) It shows the name of the individual to whom it was	32245
issued, which shall conform to the name in the poll list or	32246
signature pollbook.	32247

(2) It shows the current address of the individual to whom it	32248
was issued, which shall conform to the address in the poll list or	32249
signature pollbook, except for a driver's license or a state	32250
identification card issued under section 4507.50 of the Revised	32251
Code, which may show either the current or former address of the	32252
individual to whom it was issued, regardless of whether that	32253
address conforms to the address in the poll list or signature	32254
pollbook.	32255

(3) It shows a photograph of the individual to whom it was	32256
issued.	32257

(4) It includes an expiration date that has not passed.

32258

(5) It was issued by the government of the United States or	32259
this state.	32260

Sec. 3501.05. The secretary of state shall do all of the	32261
following:	32262

(A) Appoint all members of boards of elections;

32263

(B) Issue instructions by directives and advisories to	32264
members of the boards as to the proper methods of conducting	32265
elections. In addition to any other publication of those	32266
directives and advisories, the secretary of state shall publish	32267
those directives and advisories on a web site of the office of the	32268
secretary of state as soon as is practicable after they are	32269
issued, but not later than the close of business on the same day	32270
as a directive or advisory is issued. The secretary of state shall	32271
not remove from the web site any directives and advisories so	32272
posted. The secretary of state shall provide on that web site	32273
access to all directives and advisories currently in effect and to	32274
maintain an archive of all directives and advisories previously	32275
published on that web site.	32276

(C) Prepare rules and instructions for the conduct of	32277
elections;	32278

(D) Publish and furnish to the boards from time to time a	32279
sufficient number of indexed copies of all election laws then in	32280
force;	32281

(E) Edit and issue all pamphlets concerning proposed laws or	32282
amendments required by law to be submitted to the voters;	32283

(F) Prescribe the form of registration cards, blanks, and	32284
records;	32285

(G) Determine and prescribe the forms of ballots and the	32286
forms of all blanks, cards of instructions, pollbooks, tally	32287
sheets, certificates of election, and forms and blanks required by	32288
law for use by candidates, committees, and boards;	32289

(H) Prepare the ballot title or statement to be placed on the	32290
ballot for any proposed law or amendment to the constitution to be	32291
submitted to the voters of the state;	32292

(I) Except as otherwise provided in section 3519.08 of the	32293
Revised Code, certify to the several boards the forms of ballots	32294
and names of candidates for state offices, and the form and	32295
wording of state referendum questions and issues, as they shall	32296
appear on the ballot;	32297

(J) Except as otherwise provided in division (I)(2)(b) of	32298
section 3501.38 of the Revised Code, give final approval to ballot	32299
language for any local question or issue approved and transmitted	32300
by boards of elections under section 3501.11 of the Revised Code;	32301

(K) Receive all initiative and referendum petitions on state	32302
questions and issues and determine and certify to the sufficiency	32303
of those petitions;	32304

(L) Require such reports from the several boards as are	32305
provided by law, or as the secretary of state considers necessary;	32306

(M) Compel the observance by election officers in the several	32307
counties of the requirements of the election laws;	32308

(N)(1) Except as otherwise provided in division (N)(2) of	32309
this section, investigate the administration of election laws,	32310
frauds, and irregularities in elections in any county, and report	32311
violations of election laws to the attorney general or prosecuting	32312
attorney, or both, for prosecution;	32313

(2) On and after August 24, 1995, report a failure to comply	32314
with or a violation of a provision in sections 3517.08 to 3517.13,	32315
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	32316
Revised Code, whenever the secretary of state has or should have	32317
knowledge of a failure to comply with or a violation of a	32318
provision in one of those sections, by filing a complaint with the	32319
Ohio elections commission under section 3517.153 of the Revised	32320
Code;	32321

(O) Make an annual report to the governor containing the	32322
results of elections, the cost of elections in the various	32323
counties, a tabulation of the votes in the several political	32324
subdivisions, and other information and recommendations relative	32325
to elections the secretary of state considers desirable;	32326

(P) Prescribe and distribute to boards of elections a list of	32327
instructions indicating all legal steps necessary to petition	32328
successfully for local option elections under sections 4301.32 to	32329
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	32330

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	32331
~~to require each board~~for the removal by boards of elections to	32332
~~remove~~of ineligible voters from the statewide voter registration	32333
database and, if ~~already prepared for a particular election~~	32334
applicable, from the poll list or signature pollbook used in each	32335
precinct, which rules shall provide for all of the following:	32336

(1) A process for the removal of voters who have changed	32337
residence, which shall be uniform, nondiscriminatory, and in	32338
compliance with the Voting Rights Act of 1965 and the National	32339
Voter Registration Act of 1993, including a program that uses the	32340
national change of address service provided by the United States	32341
postal system through its licensees;	32342

(2) A process for the removal of ineligible voters under	32343
section 3503.21 of the Revised Code;	32344

(3) A uniform system for marking or removing the name of an	32345
~~ineligible~~a voter who is ineligible to vote from the statewide	32346
voter registration database and, if ~~already prepared for a~~	32347
~~particular election~~applicable, from the poll list or signature	32348
pollbook used in each precinct and noting the reason for that mark	32349
or removal.	32350

(R) Prescribe a general program for registering voters or	32351
updating voter registration information, such as name and	32352
residence changes, atby boards of elections, designated agencies,	32353
~~the~~ offices of deputy registrars of motor vehicles, public high	32354
schools and vocational schools, public libraries, and ~~the~~ offices	32355
of county treasurers~~, and prescribe~~consistent with the	32356
requirements of section 3503.09 of the Revised Code;	32357

(S) Prescribe a program of distribution of voter	32358
registration forms through ~~those~~boards of elections, designated	32359
agencies, ~~the~~ offices of the registrar and deputy registrars of	32360
motor vehicles, public high schools and vocational schools, public	32361
libraries, and ~~the~~ offices of county treasurers;	32362

~~(S)~~(T) To the extent feasible, provide copies, at no cost and	32363
upon request, of the voter registration form in post offices in	32364
this state;	32365

~~(T)~~(U) Adopt rules pursuant to section 111.15 of the Revised	32366
Code for the purpose of implementing the program for registering	32367
voters atthrough boards of elections, designated agencies, and	32368
the offices of the registrar and deputy registrars of motor	32369
vehicles consistent with this chapter;	32370

~~(U)~~(V) Establish the full-time position of Americans with	32371
Disabilities Act coordinator within the office of the secretary of	32372
state to do all of the following:	32373

(1) Assist the secretary of state with ensuring that there is	32374
equal access to polling places for persons with disabilities;	32375

(2) Assist the secretary of state with ensuring that each	32376
voter may cast the voter's ballot in a manner that provides the	32377
same opportunity for access and participation, including privacy	32378
and independence, as for other voters;	32379

(3) Advise the secretary of state in the development of	32380
standards for the certification of voting machines, marking	32381
devices, and automatic tabulating equipment.	32382

~~(V)~~(W) Establish and maintain a computerized statewide	32383
database of all legally registered voters under section 3503.15	32384
of the Revised Code that complies with the requirements of the	32385
"Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat.	32386
1666, and provide training in the operation of that system;	32387

~~(W)~~(X) Ensure that all directives, advisories, other	32388
instructions, or decisions issued or made during or as a result of	32389
any conference or teleconference call with a board of elections to	32390
discuss the proper methods and procedures for conducting	32391
elections, to answer questions regarding elections, or to discuss	32392
the interpretation of directives, advisories, or other	32393
instructions issued by the secretary of state are posted on a web	32394
site of the office of the secretary of state as soon as is	32395
practicable after the completion of the conference or	32396
teleconference call, but not later than the close of business on	32397
the same day as the conference or teleconference call takes place.	32398

~~(X)~~(Y) Publish a report on a web site of the office of the	32399
secretary of state not later than one month after the completion	32400
of the canvass of the election returns for each primary and	32401
general election, identifying, by county, the number of absent	32402
voter's ballots cast and the number of those ballots that were	32403
counted, and the number of provisional ballots cast and the number	32404
of those ballots that were counted, for that election. The	32405
secretary of state shall maintain the information on the web site	32406
in an archive format for each subsequent election.	32407

~~(Y)~~(Z) Conduct voter education outlining voter	32408
identification, absent voters ballot, provisional ballot, and	32409
other voting requirements;	32410

~~(Z)~~(AA) Establish a procedure by which a registered elector	32411
may ~~update the elector's~~make available to a board of elections a	32412
more recent signature to be used in the poll list or signature	32413
pollbook produced by the board of elections of the county in	32414
which the elector resides;	32415

~~(AA)~~(BB) Disseminate information, which may include all or	32416
part of the official explanations and arguments, by means of	32417
direct mail or other written publication, broadcast, or other	32418
means or combination of means, as directed by the Ohio ballot	32419
board under division (F) of section 3505.062 of the Revised Code,	32420
in order to inform the voters as fully as possible concerning	32421
each proposed constitutional amendment, proposed law, or	32422
referendum;	32423

(CC) Perform other duties required by law.

32424

Whenever a primary election is held under section 3513.32 of	32425
the Revised Code or a special election is held under section	32426
3521.03 of the Revised Code to fill a vacancy in the office of	32427
representative to congress, the secretary of state shall establish	32428
a deadline, notwithstanding any other deadline required under the	32429
Revised Code, by which any or all of the following shall occur:	32430
the filing of a declaration of candidacy and petitions or a	32431
statement of candidacy and nominating petition together with the	32432
applicable filing fee; the filing of protests against the	32433
candidacy of any person filing a declaration of candidacy or	32434
nominating petition; the filing of a declaration of intent to be a	32435
write-in candidate; the filing of campaign finance reports; the	32436
preparation of, and the making of corrections or challenges to,	32437
precinct voter registration lists; the receipt of applications for	32438
absent voter's ballots or armed service absent voter's ballots;	32439
the supplying of election materials to precincts by boards of	32440
elections; the holding of hearings by boards of elections to	32441
consider challenges to the right of a person to appear on a voter	32442
registration list; and the scheduling of programs to instruct or	32443
reinstruct election officers.	32444

In the performance of the secretary of state's duties as the	32445
chief election officer, the secretary of state may administer	32446
oaths, issue subpoenas, summon witnesses, compel the production of	32447
books, papers, records, and other evidence, and fix the time and	32448
place for hearing any matters relating to the administration and	32449
enforcement of the election laws.	32450

In any controversy involving or arising out of the adoption	32451
of registration or the appropriation of funds for registration,	32452
the secretary of state may, through the attorney general, bring an	32453
action in the name of the state in the court of common pleas of	32454
the county where the cause of action arose or in an adjoining	32455
county, to adjudicate the question.	32456

In any action involving the laws in Title XXXV of the Revised	32457
Code wherein the interpretation of those laws is in issue in such	32458
a manner that the result of the action will affect the lawful	32459
duties of the secretary of state or of any board of elections, the	32460
secretary of state may, on the secretary of state's motion, be	32461
made a party.	32462

The secretary of state may apply to any court that is hearing	32463
a case in which the secretary of state is a party, for a change of	32464
venue as a substantive right, and the change of venue shall be	32465
allowed, and the case removed to the court of common pleas of an	32466
adjoining county named in the application or, if there are cases	32467
pending in more than one jurisdiction that involve the same or	32468
similar issues, the court of common pleas of Franklin county.	32469

Public high schools and vocational schools, public libraries,	32470
and the office of a county treasurer shall implement voter	32471
registration programs as directed by the secretary of state	32472
pursuant to this section.	32473

Sec. 3501.11. Each board of elections shall exercise by a	32474
majority vote all powers granted to the board by Title XXXV of the	32475
Revised Code, shall perform all the duties imposed by law, and	32476
shall do all of the following:	32477

(A) Establish, define, provide, rearrange, and combine	32478
election precincts;	32479

(B) Fix and provide the places for registration and for	32480
holding primaries and elections;	32481

(C) Provide for the purchase, preservation, and maintenance	32482
of booths, ballot boxes, books, maps, flags, blanks, cards of	32483
instructions, and other forms, papers, and equipment used in	32484
registration, nominations, and elections;	32485

(D) Appoint and remove its director, deputy director, and	32486
employees and all registrars, judges, and other officers of	32487
elections, fill vacancies, and designate the ward or district and	32488
precinct in which each shall serve;	32489

(E) Make and issue rules and instructions, not inconsistent	32490
with law or the rules, directives, or advisories issued by the	32491
secretary of state, as it considers necessary for the guidance of	32492
election officers and voters;	32493

(F) Advertise and contract for the printing of all ballots	32494
and other supplies used in registrations and elections;	32495

(G) Provide for the issuance of all notices, advertisements,	32496
and publications concerning elections, except as otherwise	32497
provided in division (G) of section 3501.17 and divisions (F) and	32498
(G) of section 3505.062 of the Revised Code;	32499

(H) Provide for the delivery of ballots, pollbooks, and other	32500
required papers and material to the polling places;	32501

(I) Cause the polling places to be suitably provided with	32502
voting machines, marking devices, automatic tabulating equipment,	32503
stalls, and other required supplies. In fulfilling this duty, each	32504
board of a county that uses voting machines, marking devices, or	32505
automatic tabulating equipment shall conduct a full vote of the	32506
board during a public session of the board on the allocation and	32507
distribution of voting machines, marking devices, and automatic	32508
tabulating equipment for each precinct in the county.	32509

(J) Investigate irregularities, nonperformance of duties, or	32510
violations of Title XXXV of the Revised Code by election officers	32511
and other persons; administer oaths, issue subpoenas, summon	32512
witnesses, and compel the production of books, papers, records,	32513
and other evidence in connection with any such investigation; and	32514
report the facts to the prosecuting attorney or the secretary of	32515
state;	32516

(K) Review, examine, and certify the sufficiency and validity	32517
of petitions and nomination papers, and, after certification,	32518
return to the secretary of state all petitions and nomination	32519
papers that the secretary of state forwarded to the board;	32520

(L) Receive the returns of elections, canvass the returns,	32521
make abstracts of them, and transmit those abstracts to the proper	32522
authorities;	32523

(M) Issue certificates of election on forms to be prescribed	32524
by the secretary of state;	32525

(N) Make an annual report to the secretary of state, on the	32526
form prescribed by the secretary of state, containing a statement	32527
of the number of voters registered, elections held, votes cast,	32528
appropriations received, expenditures made, and other data	32529
required by the secretary of state;	32530

(O) Prepare and submit to the proper appropriating officer a	32531
budget estimating the cost of elections for the ensuing fiscal	32532
year;	32533

(P) Perform other duties as prescribed by law or the rules,	32534
directives, or advisories of the secretary of state;	32535

(Q) Investigate and determine the residence qualifications of	32536
electors;	32537

(R) Administer oaths in matters pertaining to the	32538
administration of the election laws;	32539

(S) Prepare and submit to the secretary of state, whenever	32540
the secretary of state requires, a report containing the names and	32541
residence addresses of all incumbent county, municipal, township,	32542
and board of education officials serving in their respective	32543
counties;	32544

(T) Establish and maintain a voter registration database of	32545
all qualified electors in the county who offer to register;	32546

(U) Maintain voter registration records, make reports	32547
concerning voter registration as required by the secretary of	32548
state, and remove ineligible electors from voter registration	32549
lists in accordance with law and directives of the secretary of	32550
state;	32551

(V) Give approval to ballot language for any local question	32552
or issue and transmit the language to the secretary of state for	32553
the secretary of state's final approval;	32554

(W) Prepare and cause the following notice to be displayed in	32555
a prominent location in every polling place:	32556

"NOTICE	32557

Ohio law prohibits any person from voting or attempting to	32558
vote more than once at the same election.	32559

Violators are guilty of a felony of the fourth degree and	32560
shall be imprisoned and additionally may be fined in accordance	32561
with law."	32562

(X) In all cases of a tie vote or a disagreement in the	32563
board, if no decision can be arrived at, the director or	32564
chairperson shall submit the matter in controversy, not later than	32565
fourteen days after the tie vote or the disagreement, to the	32566
secretary of state, who shall summarily decide the question, and	32567
the secretary of state's decision shall be final.	32568

(Y) Assist each designated agency, deputy registrar of motor	32569
vehicles, public high school and vocational school, public	32570
library, and office of a county treasurer in the implementation of	32571
a program for registering voters at all voter registration	32572
locations as prescribed by the secretary of state. Under this	32573
program, each board of elections shall direct to the appropriate	32574
board of elections any voter registration applications for persons	32575
residing outside the county where the board is located within five	32576
days after receiving the applications.	32577

(Z) On any day on which an elector may vote in person at the	32578
office of the board or at another site designated by the board,	32579
consider the board or other designated site a polling place for	32580
that day. All requirements or prohibitions of law that apply to a	32581
polling place shall apply to the office of the board or other	32582
designated site on that day.	32583

Sec. 3501.17. (A) The expenses of the board of elections	32584
shall be paid from the county treasury, in pursuance of	32585
appropriations by the board of county commissioners, in the same	32586
manner as other county expenses are paid. If the board of county	32587
commissioners fails to appropriate an amount sufficient to provide	32588
for the necessary and proper expenses of the board of elections	32589
pertaining to the conduct of elections, the board of elections	32590
may apply to the court of common pleas within the county, which	32591
shall fix the amount necessary to be appropriated and the amount	32592
shall be appropriated. Payments shall be made upon vouchers of the	32593
board of elections certified to by its chairperson or acting	32594
chairperson and the director or deputy director, upon warrants of	32595
the county auditor.	32596

The board of elections shall not incur any obligation	32597
involving the expenditure of money unless there are moneys	32598
sufficient in the funds appropriated therefor to meet the	32599
obligation. If the board of elections requests a transfer of funds	32600
from one of its appropriation items to another, the board of	32601
county commissioners shall adopt a resolution providing for the	32602
transfer except as otherwise provided in section 5705.40 of the	32603
Revised Code. The expenses of the board of elections shall be	32604
apportioned among the county and the various subdivisions as	32605
provided in this section, and the amount chargeable to each	32606
subdivision shall be withheld by the auditor from the moneys	32607
payable thereto at the time of the next tax settlement. At the	32608
time of submitting budget estimates in each year, the board of	32609
elections shall submit to the taxing authority of each	32610
subdivision, upon the request of the subdivision, an estimate of	32611
the amount to be withheld from the subdivision during the next	32612
fiscal year.	32613

(B) Except as otherwise provided in division (F) of this	32614
section, the ~~entire~~ compensation of the members of the board of	32615
elections and of the director, deputy director, and ~~other~~regular	32616
employees in the board's offices, other than compensation for	32617
overtime worked; the expenditures for the rental, furnishing, and	32618
equipping of the office of the board and for the necessary office	32619
supplies for the use of the board; the expenditures for the	32620
acquisition, repair, care, and custody of the polling places,	32621
booths, guardrails, and other equipment for polling places; the	32622
cost of ~~pollbooks,~~ tally sheets, maps, flags, ballot boxes, and	32623
all other permanent records and equipment; the cost of all	32624
elections held in and for the state and county; and all other	32625
expenses of the board which are not chargeable to a political	32626
subdivision in accordance with this section shall be paid in the	32627
same manner as other county expenses are paid.	32628

(C) The compensation of judges ~~and clerks~~ of elections and	32629
intermittent employees in the board's offices; the cost of	32630
renting, moving, heating, and lighting polling places and of	32631
placing and removing ballot boxes and other fixtures and equipment	32632
thereof, including voting machines, marking devices, and automatic	32633
tabulating equipment; the cost of printing and delivering ballots,	32634
cards of instructions, registration lists required under section	32635
3503.23 of the Revised Code, and other election supplies,	32636
including the supplies required to comply with division (H) of	32637
section 3506.01 of the Revised Code; the cost of contractors	32638
engaged by the board to prepare, program, test, and operate voting	32639
machines, marking devices, and automatic tabulating equipment; and	32640
all other expenses of conducting primaries and elections in the	32641
odd-numbered years shall be charged to the subdivisions in and for	32642
which such primaries or elections are held. The charge for each	32643
primary or general election in odd-numbered years for each	32644
subdivision shall be determined in the following manner: first,	32645
the total cost of all chargeable items used in conducting such	32646
elections shall be ascertained; second, the total charge shall be	32647
divided by the number of precincts participating in such election,	32648
in order to fix the cost per precinct; third, the cost per	32649
precinct shall be prorated by the board of elections to the	32650
subdivisions conducting elections for the nomination or election	32651
of offices in such precinct; fourth, the total cost for each	32652
subdivision shall be determined by adding the charges prorated to	32653
it in each precinct within the subdivision.	32654

(D) The entire cost of special elections held on a day other	32655
than the day of a primary or general election, both in	32656
odd-numbered or in even-numbered years, shall be charged to the	32657
subdivision. Where a special election is held on the same day as a	32658
primary or general election in an even-numbered year, the	32659
subdivision submitting the special election shall be charged only	32660
for the cost of ballots and advertising. Where a special election	32661
is held on the same day as a primary or general election in an	32662
odd-numbered year, the subdivision submitting the special election	32663
shall be charged for the cost of ballots and advertising for such	32664
special election, in addition to the charges prorated to such	32665
subdivision for the election or nomination of candidates in each	32666
precinct within the subdivision, as set forth in the preceding	32667
paragraph.	32668

(E) Where a special election is held on the day specified by	32669
division (E) of section 3501.01 of the Revised Code for the	32670
holding of a primary election, for the purpose of submitting to	32671
the voters of the state constitutional amendments proposed by the	32672
general assembly, and a subdivision conducts a special election on	32673
the same day, the entire cost of the special election shall be	32674
divided proportionally between the state and the subdivision based	32675
upon a ratio determined by the number of issues placed on the	32676
ballot by each, except as otherwise provided in division (G) of	32677
this section. Such proportional division of cost shall be made	32678
only to the extent funds are available for such purpose from	32679
amounts appropriated by the general assembly to the secretary of	32680
state. If a primary election is also being conducted in the	32681
subdivision, the costs shall be apportioned as otherwise provided	32682
in this section.	32683

(F) When a precinct is open during a general, primary, or	32684
special election solely for the purpose of submitting to the	32685
voters a statewide ballot issue, the state shall bear the entire	32686
cost of the election in that precinct and shall reimburse the	32687
county for all expenses incurred in opening the precinct.	32688

(G) The state shall bear the entire cost of advertising in	32689
newspapers statewide ballot issues, explanations of those issues,	32690
and arguments for or against those issues, as required by Section	32691
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	32692
and any other section of law ~~and~~. The Ohio ballot board shall	32693
reimburse the ~~counties~~secretary of state for all expenses ~~they~~	32694
~~incur~~the secretary of state incurs for such advertising under	32695
division (G) of section 3505.062 of the Revised Code.	32696

(H) The cost of renting, heating, and lighting registration	32697
places; the cost of the necessary books, forms, and supplies for	32698
the conduct of registration; and the cost of printing and posting	32699
precinct registration lists shall be charged to the subdivision in	32700
which such registration is held.	32701

(I) At the request of a majority of the members of the board	32702
of elections, the board of county commissioners may, by	32703
resolution, establish an elections revenue fund. Except as	32704
otherwise provided in this division, the purpose of the fund shall	32705
be to accumulate revenue withheld by or paid to the county under	32706
this section for the payment of any expense related to the duties	32707
of the board of elections specified in section 3501.11 of the	32708
Revised Code, upon approval of a majority of the members of the	32709
board of elections. The fund shall not accumulate any revenue	32710
withheld by or paid to the county under this section for the	32711
compensation of the members of the board of elections or of the	32712
director, deputy director, or other regular employees in the	32713
board's offices, other than compensation for overtime worked.	32714

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	32715
Revised Code, the board of county commissioners may, by	32716
resolution, transfer money to the elections revenue fund from any	32717
other fund of the political subdivision from which such payments	32718
lawfully may be made. Following an affirmative vote of a majority	32719
of the members of the board of elections, the board of county	32720
commissioners may, by resolution, rescind an elections revenue	32721
fund established under this division. If an elections revenue fund	32722
is rescinded, money that has accumulated in the fund shall be	32723
transferred to the county general fund.	32724

(J) As used in this section~~, "statewide~~:

32725

(1) "Political subdivision" and "subdivision" mean any board	32726
of county commissioners, board of township trustees, legislative	32727
authority of a municipal corporation, board of education, or any	32728
other board, commission, district, or authority that is empowered	32729
to levy taxes or permitted to receive the proceeds of a tax levy,	32730
regardless of whether the entity receives tax settlement moneys as	32731
described in division (A) of this section;	32732

(2) "Statewide ballot issue" means any ballot issue, whether	32733
proposed by the general assembly or by initiative or referendum,	32734
that is submitted to the voters throughout the state.	32735

Sec. 3501.31. The board of elections shall mail to each	32736
precinct election official notice of the date, hours, and place of	32737
holding each election in the official's respective precinct at	32738
which it desires the official to serve. Each of such officials	32739
shall notify the board immediately upon receipt of such notice of	32740
any inability to serve.	32741

The election official designated as presiding judge under	32742
section 3501.22 of the Revised Code shall call at the office of	32743
the board at such time before the day of the election, not earlier	32744
than the tenth day before the day of the election, as the board	32745
designates to obtain the ballots, pollbooks, registration forms	32746
and lists, and other material to be used in the official's polling	32747
place on election day.	32748

The board may also provide for the delivery of such materials	32749
to polling places in a municipal corporation by members of the	32750
police department of such municipal corporation; or the board may	32751
provide for the delivery of such materials to the presiding judge	32752
not earlier than the tenth day before the election, in any manner	32753
it finds to be advisable.	32754

On election day the precinct election officials shall	32755
punctually attend the polling place one-half hour before the time	32756
fixed for opening the polls. Each of the precinct election	32757
officials shall thereupon make and subscribe to a statement which	32758
shall be as follows:	32759

"State of Ohio	32760

County of ...............	32761

I do solemnly swear under the penalty of perjury that I will	32762
support the constitution of the United States of America and the	32763
constitution of the state of Ohio and its laws; that I have not	32764
been convicted of a felony or any violation of the election laws;	32765
that I will discharge to the best of my ability the duties of	32766
~~.................... (judge or clerk) ....................~~judge	32767
of election in and for precinct .................... in the	32768
.................... (township) or (ward and city or village)	32769
.................... in the county of ...................., in the	32770
election to be held on the .......... day of ...............,	32771
....., as required by law and the rules and instructions of the	32772
board of elections of said county; and that I will endeavor to	32773
prevent fraud in such election, and will report immediately to	32774
said board any violations of the election laws which come to my	32775
attention, and will not disclose any information as to how any	32776
elector voted which is gained by me in the discharge of my	32777
official duties.	32778

............................................................	32779

............................................................	32780

............................................................	32781

............................................................	32782

............................................................	32783

............................................................	32784

(Signatures of precinct election officials)"	32785

If any of the other precinct officials is absent at that	32786
time, the presiding judge, with the concurrence of a majority of	32787
the precinct election officials present, shall appoint a qualified	32788
elector who is a member of the same political party as the	32789
political party of which such absent precinct election official is	32790
a member to fill the vacancy until the board appoints a person to	32791
fill such vacancy and the person so appointed reports for duty at	32792
the polling place. The presiding judge shall promptly notify the	32793
board of such vacancy by telephone or otherwise. The presiding	32794
judge also shall assign the precinct election officials to their	32795
respective duties and shall have general charge of the polling	32796
place.	32797

Sec. 3503.09. (A)(1) The secretary of state shall adopt	32798
rules for the electronic transmission by boards of elections,	32799
designated agencies, offices of deputy registrars of motor	32800
vehicles, public high schools and vocational schools, public	32801
libraries, and offices of county treasurers, where applicable, of	32802
name and residence changes for voter registration records in the	32803
statewide voter registration database.	32804

(2) The secretary of state shall adopt rules for the purpose	32805
of improving the speed of processing new voter registrations that	32806
permit information from a voter registration application received	32807
by a designated agency or an office of deputy registrar of motor	32808
vehicles to be made available electronically, in addition to	32809
requiring the original voter registration application to be	32810
transmitted to the applicable board of elections under division	32811
(E)(2) of section 3503.10 or section 3503.11 of the Revised Code.	32812

(B) Rules adopted under division (A) of this section shall do	32813
all of the following:	32814

(1) Prohibit any direct electronic connection between a	32815
designated agency, office of deputy registrar of motor vehicles,	32816
public high school or vocational school, public library, or office	32817
of a county treasurer and the statewide voter registration	32818
database;	32819

(2) Require any updated voter registration information to be	32820
verified by the secretary of state or a board of elections before	32821
the information is added to the statewide voter registration	32822
database for the purpose of modifying an existing voter	32823
registration;	32824

(3) Require each designated agency or office of deputy	32825
registrar of motor vehicles that transmits voter registration	32826
information electronically to transmit an identifier for data	32827
relating to each new voter registration that shall be used by the	32828
secretary of state or a board of elections to match the electronic	32829
data to the original voter registration application.	32830

Sec. 3505.062. The Ohio ballot board shall do all of the	32831
following:	32832

(A) Examine, within ten days after its receipt, each written	32833
initiative petition received from the attorney general under	32834
section 3519.01 of the Revised Code to determine whether it	32835
contains only one proposed law or constitutional amendment so as	32836
to enable the voters to vote on a proposal separately. If the	32837
board so determines, it shall certify its approval to the attorney	32838
general, who then shall file with the secretary of state in	32839
accordance with division (A) of section 3519.01 of the Revised	32840
Code a verified copy of the proposed law or constitutional	32841
amendment together with its summary and the attorney general's	32842
certification of it.	32843

If the board determines that the initiative petition contains	32844
more than one proposed law or constitutional amendment, the board	32845
shall divide the initiative petition into individual petitions	32846
containing only one proposed law or constitutional amendment so as	32847
to enable the voters to vote on each proposal separately and	32848
certify its approval to the attorney general. If the board so	32849
divides an initiative petition and so certifies its approval to	32850
the attorney general, the petitioners shall resubmit to the	32851
attorney general appropriate summaries for each of the individual	32852
petitions arising from the board's division of the initiative	32853
petition, and the attorney general then shall review the	32854
resubmissions as provided in division (A) of section 3519.01 of	32855
the Revised Code.	32856

(B) Prescribe the ballot language for constitutional	32857
amendments proposed by the general assembly to be printed on the	32858
questions and issues ballot, which language shall properly	32859
identify the substance of the proposal to be voted upon;	32860

(C) Prepare an explanation of each constitutional amendment	32861
proposed by the general assembly, which explanation may include	32862
the purpose and effects of the proposed amendment;	32863

(D) Certify the ballot language and explanation, if any, to	32864
the secretary of state no later than seventy-five days before the	32865
election at which the proposed question or issue is to be	32866
submitted to the voters;	32867

(E) Prepare, or designate a group of persons to prepare,	32868
arguments in support of or in opposition to a constitutional	32869
amendment proposed by a resolution of the general assembly, a	32870
constitutional amendment or state law proposed by initiative	32871
petition, or a state law, or section or item of state law, subject	32872
to a referendum petition, if the persons otherwise responsible for	32873
the preparation of those arguments fail to timely prepare and file	32874
them;	32875

(F) Direct the means by which the secretary of state shall	32876
disseminate information concerning proposed constitutional	32877
amendments, proposed laws, and referenda to the voters;	32878

(G) Direct the ~~chairperson to reimburse county boards of~~	32879
~~elections for public notice costs associated with statewide ballot~~	32880
~~issues, to the extent that the general assembly appropriates money~~	32881
~~for that purpose~~secretary of state to contract for the	32882
publication in a newspaper of general circulation in each county	32883
in the state of the ballot language, explanations, and arguments	32884
regarding each of the following:	32885

(1) A constitutional amendment or law proposed by initiative	32886
petition under Section 1g of Article II of the Ohio Constitution;	32887

(2) A law, section, or item of law submitted to the electors	32888
by referendum petition under Section 1g of Article II of the Ohio	32889
Constitution;	32890

(3) A constitutional amendment submitted to the electors by	32891
the general assembly under Section 1 of Article XVI of the Ohio	32892
Constitution.	32893

Sec. 3505.063. (A) When the general assembly adopts a	32894
resolution proposing a constitutional amendment, it may, by	32895
resolution, designate a group of members who voted in support of	32896
the resolution to prepare arguments for the proposed amendment,	32897
and a group of members who voted in opposition to the resolution	32898
to prepare arguments against the proposed amendment. If no members	32899
voted in opposition to the resolution, or if the general assembly	32900
chooses not to designate a group of members to prepare arguments	32901
for the proposed amendment or chooses not to designate a group of	32902
members to prepare arguments against the proposed amendment, the	32903
Ohio ballot board shall prepare or designate a group of persons to	32904
prepare the relevant arguments. All arguments prepared under this	32905
division shall be filed with the secretary of state not later than	32906
eighty days before the date of the election. No argument shall	32907
exceed three hundred words.	32908

(B)(1) If the group of members of the general assembly or	32909
other group of persons designated under division (A) of this	32910
section fail to prepare and file their arguments in support of or	32911
in opposition to the proposed amendment by the eightieth day	32912
before the date of the election, the secretary of state shall	32913
notify the Ohio ballot board that those arguments have not been so	32914
prepared and filed. The board then shall prepare the missing	32915
arguments or designate a group of persons to prepare those	32916
arguments. All arguments prepared under this division shall be	32917
filed with the secretary of state not later than seventy-five days	32918
before the date of the election. No argument shall exceed three	32919
hundred words.	32920

(2) If the Ohio ballot board fails to provide for the	32921
preparation of missing arguments under division (B)(1) of this	32922
section after being notified by the secretary of state that one or	32923
more arguments have not been timely prepared and filed, the	32924
positions of the four appointed members of the board shall be	32925
considered vacant, and new members shall be appointed in the	32926
manner provided for original appointments.	32927

~~(C) The secretary of state shall disseminate information,~~	32928
~~which may include part or all of the official explanation and~~	32929
~~arguments concerning proposed amendments, by means of direct mail~~	32930
~~or other written publication, broadcast, or other means or~~	32931
~~combination of means, as the Ohio ballot board may direct, in~~	32932
~~order to inform the voters as fully as possible concerning~~	32933
~~proposed amendments.~~	32934

Sec. 3505.23. No voter shall be allowed to occupy a voting	32935
compartment or use a voting machine more than five minutes when	32936
all the voting compartments or machines are in use and voters are	32937
waiting to occupy them. Except as otherwise provided by section	32938
3505.24 of the Revised Code, no voter shall occupy a voting	32939
compartment or machine with another person or speak to anyone, nor	32940
shall anyone speak to the voter, while the voter is in a voting	32941
compartment or machine.	32942

In precincts that do not use voting machines the following	32943
procedure shall be followed:	32944

If a voter tears, soils, defaces, or erroneously marks a	32945
ballot the voter may return it to the precinct election officials	32946
and a second ballot shall be issued to the voter. Before returning	32947
a torn, soiled, defaced, or erroneously marked ballot, the voter	32948
shall fold it so as to conceal any marks the voter made upon it,	32949
but the voter shall not remove Stub A therefrom. If the voter	32950
tears, soils, defaces, or erroneously marks such second ballot,	32951
the voter may return it to the precinct election officials, and a	32952
third ballot shall be issued to the voter. In no case shall more	32953
than three ballots be issued to a voter. Upon receiving a returned	32954
torn, soiled, defaced, or erroneously marked ballot the precinct	32955
election officials shall detach Stub A therefrom, write "Defaced"	32956
on the back of such ballot, and place the stub and the ballot in	32957
the separate containers provided therefor.	32958

No elector shall leave the polling place until the elector	32959
returns to the precinct election officials every ballot issued to	32960
the elector with Stub A on each ballot attached thereto,	32961
regardless of whether the elector has or has not placed any marks	32962
upon the ballot.	32963

Before leaving the voting compartment, the voter shall fold	32964
each ballot marked by the voter so that no part of the face of the	32965
ballot is visible, and so that the printing thereon indicating the	32966
kind of ballot it is and the facsimile signatures of the members	32967
of the board of elections are visible. The voter shall then leave	32968
the voting compartment, deliver the voter's ballots, and state the	32969
voter's name to the judge having charge of the ballot boxes, who	32970
shall announce the name, detach Stub A from each ballot, and	32971
announce the number on the stubs. The ~~clerks~~judges in charge of	32972
the poll lists or poll books shall check to ascertain whether the	32973
number so announced is the number on Stub B of the ballots issued	32974
to such voter, and if no discrepancy appears to exist, the judge	32975
in charge of the ballot boxes shall, in the presence of the voter,	32976
deposit each such ballot in the proper ballot box and shall place	32977
Stub A from each ballot in the container provided therefor. The	32978
voter shall then immediately leave the polling place.	32979

No ballot delivered by a voter to the judge in charge of the	32980
ballot boxes with Stub A detached therefrom, and only ballots	32981
provided in accordance with Title XXXV of the Revised Code, shall	32982
be voted or deposited in the ballot boxes.	32983

In marking a presidential ballot, the voter shall record the	32984
vote in the manner provided on the ballot next to the names of the	32985
candidates for the offices of president and vice-president. Such	32986
ballot shall be considered and counted as a vote for each of the	32987
candidates for election as presidential elector whose names were	32988
certified to the secretary of state by the political party of such	32989
nominees for president and vice-president.	32990

In marking an office type ballot or nonpartisan ballot, the	32991
voter shall record the vote in the manner provided on the ballot	32992
next to the name of each candidate for whom the voter desires to	32993
vote.	32994

In marking a primary election ballot, the voter shall record	32995
the vote in the manner provided on the ballot next to the name of	32996
each candidate for whom the voter desires to vote. If the voter	32997
desires to vote for the nomination of a person whose name is not	32998
printed on the primary election ballot, the voter may do so by	32999
writing such person's name on the ballot in the proper place	33000
provided for such purpose.	33001

In marking a questions and issues ballot, the voter shall	33002
record the vote in the manner provided on the ballot at the left	33003
or at the right of "YES" or "NO" or other words of similar import	33004
which are printed on the ballot to enable the voter to indicate	33005
how the voter votes in connection with each question or issue upon	33006
which the voter desires to vote.	33007

In marking any ballot on which a blank space has been	33008
provided wherein an elector may write in the name of a person for	33009
whom hethe elector desires to vote, the elector shall write such	33010
person's name in such blank space and on no other place on the	33011
ballot. Unless specific provision is made by statute, no blank	33012
space shall be provided on a ballot for write-in votes, and any	33013
names written on a ballot other than in a blank space provided	33014
therefor shall not be counted or recorded.	33015

Sec. 3509.08. (A) Any qualified elector, who, on account of	33016
the elector's own personal illness, physical disability, or	33017
infirmity, or on account of the elector's confinement in a jail or	33018
workhouse under sentence for a misdemeanor or awaiting trial on a	33019
felony or misdemeanor, will be unable to travel from the elector's	33020
home or place of confinement to the voting booth in the elector's	33021
precinct on the day of any general, special, or primary election	33022
may make application in writing for an absent voter's ballot to	33023
the director of the board of elections of the elector's county.	33024
The application shall include all of the information required	33025
under section 3509.03 of the Revised Code and shall state the	33026
nature of the elector's illness, physical disability, or	33027
infirmity, or the fact that the elector is confined in a jail or	33028
workhouse and the elector's resultant inability to travel to the	33029
election booth in the elector's precinct on election day. The	33030
application shall not be valid if it is delivered to the director	33031
before the ninetieth day or after twelve noon of the third day	33032
before the day of the election at which the ballot is to be voted.	33033

The absent voter's ballot may be mailed directly to the	33034
applicant at the applicant's voting residence or place of	33035
confinement as stated in the applicant's application, or the board	33036
may designate two board employees belonging to the two major	33037
political parties for the purpose of delivering the ballot to the	33038
disabled or confined elector and returning it to the board, unless	33039
the applicant is confined to a public or private institution	33040
within the county, in which case the board shall designate two	33041
board employees belonging to the two major political parties for	33042
the purpose of delivering the ballot to the disabled or confined	33043
elector and returning it to the board. In all other instances, the	33044
ballot shall be returned to the office of the board in the manner	33045
prescribed in section 3509.05 of the Revised Code.	33046

Any disabled or confined elector who declares to the two	33047
board employees belonging to the two major political parties that	33048
the elector is unable to mark the elector's ballot by reason of	33049
physical infirmity that is apparent to the employees to be	33050
sufficient to incapacitate the voter from marking the elector's	33051
ballot properly, may receive, upon request, the assistance of the	33052
employees in marking the elector's ballot, and they shall	33053
thereafter give no information in regard to this matter. Such	33054
assistance shall not be rendered for any other cause.	33055

When two board employees belonging to the two major political	33056
parties deliver a ballot to a disabled or confined elector, each	33057
of the employees shall be present when the ballot is delivered,	33058
when assistance is given, and when the ballot is returned to the	33059
office of the board, and shall subscribe to the declaration on the	33060
identification envelope.	33061

The secretary of state shall prescribe the form of	33062
application for absent voter's ballots under this division.	33063

This chapter applies to disabled and confined absent voter's	33064
ballots except as otherwise provided in this section.	33065

(B)(1) Any qualified elector who is unable to travel to the	33066
voting booth in the elector's precinct on the day of any general,	33067
special, or primary election ~~because of being~~may apply to the	33068
director of the board of elections of the county where the elector	33069
is a qualified elector to vote in the election by absent voter's	33070
ballot if either of the following apply:	33071

(a) The elector is confined in a hospital as a result of an	33072
accident or unforeseeable medical emergency occurring before the	33073
election~~, may apply to the director of the board of elections of~~	33074
~~the county where the elector is a qualified elector to vote in the~~	33075
~~election by absent voter's ballot. This application~~;	33076

(b) The elector's minor child is confined in a hospital as a	33077
result of an accident or unforeseeable medical emergency occurring	33078
before the election.	33079

(2) The application authorized under division (B)(1) of this	33080
section shall be made in writing, shall include all of the	33081
information required under section 3509.03 of the Revised Code,	33082
and shall be delivered to the director not later than three p.m.	33083
on the day of the election. The application shall indicate the	33084
hospital where the applicant or the applicant's child is confined,	33085
the date of the applicant's or the applicant's child's admission	33086
to the hospital, and the offices for which the applicant is	33087
qualified to vote. The applicant may also request that a member of	33088
the applicant's family, as listed in section 3509.05 of the	33089
Revised Code, deliver the absent voter's ballot to the applicant.	33090
The director, after establishing to the director's satisfaction	33091
the validity of the circumstances claimed by the applicant, shall	33092
supply an absent voter's ballot to be delivered to the applicant.	33093
When the applicant or the applicant's child is in a hospital in	33094
the county where the applicant is a qualified elector and no	33095
request is made for a member of the family to deliver the ballot,	33096
the director shall arrange for the delivery of an absent voter's	33097
ballot to the applicant, and for its return to the office of the	33098
board, by two board employees belonging to the two major political	33099
parties according to the procedures prescribed in division (A) of	33100
this section. When the applicant or the applicant's child is in a	33101
hospital outside the county where the applicant is a qualified	33102
elector and no request is made for a member of the family to	33103
deliver the ballot, the director shall arrange for the delivery of	33104
an absent voter's ballot to the applicant by mail, and the ballot	33105
shall be returned to the office of the board in the manner	33106
prescribed in section 3509.05 of the Revised Code.	33107

~~(2)~~(3) Any qualified elector who is eligible to vote under	33108
division (B) or (C) of section 3503.16 of the Revised Code but is	33109
unable to do so because of the circumstances described in division	33110
(B)~~(1)~~(2) of this section may vote in accordance with division	33111
(B)(1) of this section if that qualified elector states in the	33112
application for absent voter's ballots that that qualified elector	33113
moved or had a change of name under the circumstances described in	33114
division (B) or (C) of section 3503.16 of the Revised Code and if	33115
that qualified elector complies with divisions (G)(1) to (4) of	33116
section 3503.16 of the Revised Code.	33117

(C) Any qualified elector described in division (A) or (B)(1)	33118
of this section who needs no assistance to vote or to return	33119
absent voter's ballots to the board of elections may apply for	33120
absent voter's ballots under section 3509.03 of the Revised Code	33121
instead of applying for them under this section.	33122

Sec. 3513.21. At the close of the polls in a primary	33123
election, the judges ~~and clerks~~ of election shall proceed without	33124
delay to canvass the vote, sign and seal it, and make returns	33125
thereof to the board of elections forthwith on the forms to be	33126
provided by the board. The provisions of Title XXXV of the Revised	33127
Code relating to the accounting for and return of all ballots at	33128
general elections apply to primary ballots.	33129

If there is any disagreement as to how a ballot should be	33130
counted it shall be submitted to all of the judges. If three of	33131
the judges do not agree as to how any part of the ballot shall be	33132
counted, that part of such ballot which three of the judges do	33133
agree shall be counted and a notation made upon the ballot	33134
indicating what part has not been counted, and shall be placed in	33135
an envelope provided for that purpose, marked "Disputed Ballots"	33136
and returned to the board. ~~When the board has, by the adoption of~~	33137
~~a resolution, provided that the officials at a party primary~~	33138
~~election when only one party primary is to be held for the~~	33139
~~nomination of candidates for municipal office, shall be two judges~~	33140
~~and two clerks, the clerks shall be considered judges for the~~	33141
~~purposes of this section.~~	33142

The board shall, on the day when the vote is canvassed, open	33143
such sealed envelopes, determine what ballots and for whom they	33144
should be counted, and proceed to count and tally the votes on	33145
such ballots.	33146

Sec. 3517.093. (A) As used in this section:

33147

(1) "Family member of the holder of the state contract" means	33148
both of the following:	33149

(a) The spouse of any person identified in division (A)(3) of	33150
this section;	33151

(b) Any child seven years of age through seventeen years of	33152
age of any person identified in division (A)(3) of this section.	33153

(2) "Holder of the public office with ultimate responsibility	33154
for the award of the contract" means all of the following:	33155

(a) The governor and lieutenant governor, if the contract is	33156
awarded by the office of the governor;	33157

(b) The governor, if the governor appoints a public officer	33158
who is responsible for the award of the contract, whether or not	33159
the appointment is subject to the advice and consent of the	33160
senate;	33161

(c) The secretary of state, auditor of state, treasurer of	33162
state, and attorney general, if the contract is awarded by the	33163
respective office;	33164

(d) The president of the senate, if the contract is awarded	33165
by the senate;	33166

(e) The speaker of the house of representatives, if the	33167
contract is awarded by the house of representatives.	33168

(3) "Holder of the state contract" means any of the	33169
following:	33170

(a) An individual who has been awarded a state contract;

33171

(b) Any partner or owner of a partnership or other	33172
unincorporated business that has been awarded a state contract;	33173

(c) Any shareholder of an association, including, without	33174
limitation, a professional association organized under Chapter	33175
1785. of the Revised Code, that has been awarded a state contract;	33176

(d) Any administrator of an estate that has been awarded a	33177
state contract;	33178

(e) Any executor of an estate that has been awarded a state	33179
contract;	33180

(f) Any trustee of a trust that has been awarded a state	33181
contract;	33182

(g) Any owner of more than twenty per cent of a corporation	33183
or business trust, except a professional association organized	33184
under Chapter 1785. of the Revised Code, that has been awarded a	33185
state contract.	33186

(h) In the case of a collective bargaining agreement with a	33187
labor organization representing employees where the holder of the	33188
public office with ultimate responsibility for the award of the	33189
state contract is a state official, the labor organization.	33190

(4) "State contract" means a contract awarded by ~~any agency~~	33191
~~or department of this state, the administrator of workers'~~	33192
~~compensation, or the employees of the bureau of workers'~~	33193
~~compensation~~the holder of the public office with ultimate	33194
responsibility for the award of the contract for the purchase of	33195
goods costing more than five hundred dollars or services costing	33196
more than five hundred dollars.	33197

For the purposes of division (A)(4) of this section~~, a~~:

33198

(a) A contract for the purchase of services includes	33199
collective bargaining agreements with a labor organization	33200
representing employees where the holder of the public office with	33201
ultimate responsibility for the award of the agreement is a state	33202
official.	33203

(b) A contract shall be considered to be a contract for the	33204
purchase of goods or a contract for the purchase of services if	33205
the contract constitutes a contract for the purchase of goods or a	33206
contract for the purchase of services under the rules adopted by	33207
the secretary of state under division (L)(1)(c) of section 3517.13	33208
of the Revised Code.	33209

(5) "Electioneering communication" has the same meaning as in	33210
section 3517.1011 of the Revised Code.	33211

(B) Beginning on the date a state contract is awarded and	33212
extending until one year following the conclusion of that	33213
contract, the holder of the public office with ultimate	33214
responsibility for the award of the contract, that officeholder's	33215
campaign committee, and any person acting on behalf of that	33216
officeholder shall not solicit a contribution from or direct a	33217
contribution by the holder of the state contract or a family	33218
member of the holder of the state contract to any of the	33219
following:	33220

(1) Any candidate or the campaign committee of any candidate;

33221

(2) A political party;

33222

(3) A ballot issue committee or a political action committee	33223
or other entity the primary purpose of which is to support or	33224
oppose any ballot issue or question that will be presented to	33225
voters throughout the entire state;	33226

(4) A legislative campaign fund;

33227

(5) Any person that the holder of the public office knows or	33228
should know has done either of the following during the current	33229
calendar year or during the two previous calendar years:	33230

(a) Made a disbursement or disbursements for the direct costs	33231
of producing or airing electioneering communications;	33232

(b) Made a disbursement or disbursements for the direct costs	33233
of producing or airing communications that, if made in Ohio, would	33234
constitute electioneering communications.	33235

(C) No candidate, campaign committee, political party, ballot	33236
issue committee, political action committee, legislative campaign	33237
fund, person, or other entity shall knowingly accept a	33238
contribution that is solicited or directed in violation of	33239
division (B) of this section.	33240

(D) Division (B) of this section does not apply to	33241
solicitations made by the holder of the public office with	33242
ultimate responsibility for the award of the contract, that	33243
officeholder's campaign committee, or any person acting on behalf	33244
of that officeholder for contributions to the officeholder's	33245
campaign committee.	33246

(E)(1) Division (B) of this section does not apply to	33247
solicitations of contributions from or the directing of	33248
contributions by the holder of the state contract before the	33249
person became a partner or owner of the partnership or other	33250
unincorporated business, shareholder of the association,	33251
administrator of the estate, executor of the estate, trustee of	33252
the trust, or owner of more than twenty per cent of a corporation	33253
or business trust or after the person ceased to hold any of those	33254
positions.	33255

(2) Division (B) of this section does not apply to	33256
solicitations of contributions from or the directing of	33257
contributions by a spouse of the holder of the state contract in	33258
any of the following circumstances:	33259

(a) Before the holder of the state contract became a partner	33260
or owner of the partnership or other unincorporated business,	33261
shareholder of the association, administrator of the estate,	33262
executor of the estate, trustee of the trust, or owner of more	33263
than twenty per cent of a corporation or business trust;	33264

(b) After the holder of the state contract ceased to be a	33265
partner or owner of the partnership or other unincorporated	33266
business, shareholder of the association, administrator of the	33267
estate, executor of the estate, trustee of the trust, or owner of	33268
more than twenty per cent of a corporation or business trust;	33269

33270

(d) After the granting of a decree of divorce, dissolution of	33271
marriage, or annulment;	33272

(e) After the granting of an order in an action brought	33273
solely for legal separation.	33274

(3) Division (B) of this section does not apply to	33275
solicitations of contributions from or the directing of	33276
contributions by a child seven years of age through seventeen	33277
years of age of the holder of the state contract in either of the	33278
following circumstances:	33279

(a) Before the holder of the state contract became a partner	33280
or owner of the partnership or other unincorporated business,	33281
shareholder of the association, administrator of the estate,	33282
executor of the estate, trustee of the trust, or owner of more	33283
than twenty per cent of a corporation or business trust;	33284

(b) After the holder of the state contract ceased to be a	33285
partner or owner of the partnership or other unincorporated	33286
business, shareholder of the association, administrator of the	33287
estate, executor of the estate, trustee of the trust, or owner of	33288
more than twenty per cent of a corporation or business trust.	33289

Sec. 3517.106. (A) As used in this section:

33290

(1) "Statewide office" means any of the offices of governor,	33291
lieutenant governor, secretary of state, auditor of state,	33292
treasurer of state, attorney general, chief justice of the supreme	33293
court, and justice of the supreme court.	33294

(2) "Addendum to a statement" includes an amendment or other	33295
correction to that statement.	33296

(B)(1) The secretary of state shall store on computer the	33297
information contained in statements of contributions and	33298
expenditures and monthly statements required to be filed under	33299
section 3517.10 of the Revised Code and in statements of	33300
independent expenditures required to be filed under section	33301
3517.105 of the Revised Code by any of the following:	33302

(a) The campaign committees of candidates for statewide	33303
office;	33304

(b) The political action committees and political	33305
contributing entities described in division (A)(1) of section	33306
3517.11 of the Revised Code;	33307

33308

(d) State political parties;

33309

(e) Individuals, partnerships, corporations, labor	33310
organizations, or other entities that make independent	33311
expenditures in support of or opposition to a statewide candidate	33312
or a statewide ballot issue or question;	33313

(f) The campaign committees of candidates for the office of	33314
member of the general assembly;	33315

(g) County political parties, with respect to their state	33316
candidate funds.	33317

(2) The secretary of state shall store on computer the	33318
information contained in disclosure of electioneering	33319
communications statements required to be filed under section	33320
3517.1011 of the Revised Code.	33321

(3) The secretary of state shall store on computer the	33322
information contained in deposit and disbursement statements	33323
required to be filed with the office of the secretary of state	33324
under section 3517.1012 of the Revised Code.	33325

(4) The secretary of state shall store on computer the gift	33326
and disbursement information contained in statements required to	33327
be filed with the office of the secretary of state under section	33328
3517.1013 of the Revised Code.	33329

(C)(1) The secretary of state shall make available to the	33330
campaign committees, political action committees, political	33331
contributing entities, legislative campaign funds, political	33332
parties, individuals, partnerships, corporations, labor	33333
organizations, and other entities described in division (B) of	33334
this section, and to members of the news media and other	33335
interested persons, for a reasonable fee, computer programs that	33336
are compatible with the secretary of state's method of storing the	33337
information contained in the statements.	33338

(2) The secretary of state shall make the information	33339
required to be stored under division (B) of this section available	33340
on computer at the secretary of state's office so that, to the	33341
maximum extent feasible, individuals may obtain at the secretary	33342
of state's office any part or all of that information for any	33343
given year, subject to the limitation expressed in division (D) of	33344
this section.	33345

(D) The secretary of state shall keep the information stored	33346
on computer under division (B) of this section for at least six	33347
years.	33348

(E)(1) Subject to division (L) of this section and subject to	33349
the secretary of state having implemented, tested, and verified	33350
the successful operation of any system the secretary of state	33351
prescribes pursuant to division (H)(1) of this section and	33352
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	33353
Code for the filing of campaign finance statements by electronic	33354
means of transmission, the campaign committee of each candidate	33355
for statewide office may file the statements prescribed by section	33356
3517.10 of the Revised Code by electronic means of transmission	33357
or, if the total amount of the contributions received or the total	33358
amount of the expenditures made by the campaign committee for the	33359
applicable reporting period as specified in division (A) of	33360
section 3517.10 of the Revised Code exceeds ten thousand dollars,	33361
shall file those statements by electronic means of transmission.	33362

Except as otherwise provided in this division, within five	33363
business days after a statement filed by a campaign committee of a	33364
candidate for statewide office is received by the secretary of	33365
state by electronic or other means of transmission, the secretary	33366
of state shall make available online to the public through the	33367
internet, as provided in division (I) of this section, the	33368
contribution and expenditure information in that statement. The	33369
secretary of state shall not make available online to the public	33370
through the internet any contribution or expenditure information	33371
contained in a statement for any candidate until the secretary of	33372
state is able to make available online to the public through the	33373
internet the contribution and expenditure information for all	33374
candidates for a particular office, or until the applicable filing	33375
deadline for that statement has passed, whichever is sooner. As	33376
soon as the secretary of state has available all of the	33377
contribution and expenditure information for all candidates for a	33378
particular office, or as soon as the applicable filing deadline	33379
for a statement has passed, whichever is sooner, the secretary of	33380
state shall simultaneously make available online to the public	33381
through the internet the information for all candidates for that	33382
office.	33383

If a statement filed by electronic means of transmission is	33384
found to be incomplete or inaccurate after the examination of the	33385
statement for completeness and accuracy pursuant to division	33386
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	33387
committee shall file by electronic means of transmission any	33388
addendum to the statement that provides the information necessary	33389
to complete or correct the statement or, if required by the	33390
secretary of state under that division, an amended statement.	33391

Within five business days after the secretary of state	33392
receives from a campaign committee of a candidate for statewide	33393
office an addendum to the statement or an amended statement by	33394
electronic or other means of transmission under this division or	33395
division (B)(3)(a) of section 3517.11 of the Revised Code, the	33396
secretary of state shall make the contribution and expenditure	33397
information in the addendum or amended statement available online	33398
to the public through the internet as provided in division (I) of	33399
this section.	33400

(2) Subject to the secretary of state having implemented,	33401
tested, and verified the successful operation of any system the	33402
secretary of state prescribes pursuant to division (H)(1) of this	33403
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	33404
the Revised Code for the filing of campaign finance statements by	33405
electronic means of transmission, a political action committee and	33406
a political contributing entity described in division (B)(1)(b) of	33407
this section, a legislative campaign fund, and a state political	33408
party may file the statements prescribed by section 3517.10 of the	33409
Revised Code by electronic means of transmission or, if the total	33410
amount of the contributions received or the total amount of the	33411
expenditures made by the political action committee, political	33412
contributing entity, legislative campaign fund, or state political	33413
party for the applicable reporting period as specified in division	33414
(A) of section 3517.10 of the Revised Code exceeds ten thousand	33415
dollars, shall file those statements by electronic means of	33416
transmission.	33417

Within five business days after a statement filed by a	33418
political action committee or a political contributing entity	33419
described in division (B)(1)(b) of this section, a legislative	33420
campaign fund, or a state political party is received by the	33421
secretary of state by electronic or other means of transmission,	33422
the secretary of state shall make available online to the public	33423
through the internet, as provided in division (I) of this section,	33424
the contribution and expenditure information in that statement.	33425

If a statement filed by electronic means of transmission is	33426
found to be incomplete or inaccurate after the examination of the	33427
statement for completeness and accuracy pursuant to division	33428
(B)(3)(a) of section 3517.11 of the Revised Code, the political	33429
action committee, political contributing entity, legislative	33430
campaign fund, or state political party shall file by electronic	33431
means of transmission any addendum to the statement that provides	33432
the information necessary to complete or correct the statement or,	33433
if required by the secretary of state under that division, an	33434
amended statement.	33435

Within five business days after the secretary of state	33436
receives from a political action committee or a political	33437
contributing entity described in division (B)(1)(b) of this	33438
section, a legislative campaign fund, or a state political party	33439
an addendum to the statement or an amended statement by electronic	33440
or other means of transmission under this division or division	33441
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	33442
state shall make the contribution and expenditure information in	33443
the addendum or amended statement available online to the public	33444
through the internet as provided in division (I) of this section.	33445

(3) Subject to the secretary of state having implemented,	33446
tested, and verified the successful operation of any system the	33447
secretary of state prescribes pursuant to division (H)(1) of this	33448
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	33449
the Revised Code for the filing of campaign finance statements by	33450
electronic means of transmission, a county political party shall	33451
file the statements prescribed by section 3517.10 of the Revised	33452
Code with respect to its state candidate fund by electronic means	33453
of transmission to the office of the secretary of state.	33454

Within five business days after a statement filed by a county	33455
political party with respect to its state candidate fund is	33456
received by the secretary of state by electronic means of	33457
transmission, the secretary of state shall make available online	33458
to the public through the internet, as provided in division (I) of	33459
this section, the contribution and expenditure information in that	33460
statement.	33461

If a statement is found to be incomplete or inaccurate after	33462
the examination of the statement for completeness and accuracy	33463
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	33464
Code, a county political party shall file by electronic means of	33465
transmission any addendum to the statement that provides the	33466
information necessary to complete or correct the statement or, if	33467
required by the secretary of state under that division, an amended	33468
statement.	33469

Within five business days after the secretary of state	33470
receives from a county political party an addendum to the	33471
statement or an amended statement by electronic means of	33472
transmission under this division or division (B)(3)(a) of section	33473
3517.11 of the Revised Code, the secretary of state shall make the	33474
contribution and expenditure information in the addendum or	33475
amended statement available online to the public through the	33476
internet as provided in division (I) of this section.	33477

(F)(1) Subject to division (L) of this section and subject to	33478
the secretary of state having implemented, tested, and verified	33479
the successful operation of any system the secretary of state	33480
prescribes pursuant to division (H)(1) of this section and	33481
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	33482
Code for the filing of campaign finance statements by electronic	33483
means of transmission, a campaign committee of a candidate for the	33484
office of member of the general assembly or a campaign committee	33485
of a candidate for the office of judge of a court of appeals may	33486
file the statements prescribed by section 3517.10 of the Revised	33487
Code in accordance with division (A)(2) of section 3517.11 of the	33488
Revised Code or by electronic means of transmission to the office	33489
of the secretary of state or, if the total amount of the	33490
contributions received by the campaign committee for the	33491
applicable reporting period as specified in division (A) of	33492
section 3517.10 of the Revised Code exceeds ten thousand dollars,	33493
shall file those statements by electronic means of transmission to	33494
the office of the secretary of state.	33495

Except as otherwise provided in this division, within five	33496
business days after a statement filed by a campaign committee of a	33497
candidate for the office of member of the general assembly or a	33498
campaign committee of a candidate for the office of judge of a	33499
court of appeals is received by the secretary of state by	33500
electronic or other means of transmission, the secretary of state	33501
shall make available online to the public through the internet, as	33502
provided in division (I) of this section, the contribution and	33503
expenditure information in that statement. The secretary of state	33504
shall not make available online to the public through the internet	33505
any contribution or expenditure information contained in a	33506
statement for any candidate until the secretary of state is able	33507
to make available online to the public through the internet the	33508
contribution and expenditure information for all candidates for a	33509
particular office, or until the applicable filing deadline for	33510
that statement has passed, whichever is sooner. As soon as the	33511
secretary of state has available all of the contribution and	33512
expenditure information for all candidates for a particular	33513
office, or as soon as the applicable filing deadline for a	33514
statement has passed, whichever is sooner, the secretary of state	33515
shall simultaneously make available online to the public through	33516
the internet the information for all candidates for that office.	33517

If a statement filed by electronic means of transmission is	33518
found to be incomplete or inaccurate after the examination of the	33519
statement for completeness and accuracy pursuant to division	33520
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	33521
committee shall file by electronic means of transmission to the	33522
office of the secretary of state any addendum to the statement	33523
that provides the information necessary to complete or correct the	33524
statement or, if required by the secretary of state under that	33525
division, an amended statement.	33526

Within five business days after the secretary of state	33527
receives from a campaign committee of a candidate for the office	33528
of member of the general assembly or a campaign committee of a	33529
candidate for the office of judge of a court of appeals an	33530
addendum to the statement or an amended statement by electronic or	33531
other means of transmission under this division or division	33532
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	33533
state shall make the contribution and expenditure information in	33534
the addendum or amended statement available online to the public	33535
through the internet as provided in division (I) of this section.	33536

(2) If a statement, addendum, or amended statement is not	33537
filed by electronic means of transmission to the office of the	33538
secretary of state but is filed by printed version only under	33539
division (A)(2) of section 3517.11 of the Revised Code with the	33540
appropriate board of elections, the campaign committee of a	33541
candidate for the office of member of the general assembly or a	33542
campaign committee of a candidate for the office of judge of a	33543
court of appeals shall file two copies of the printed version of	33544
the statement, addendum, or amended statement with the board of	33545
elections. The board of elections shall send one of those copies	33546
by ~~overnight delivery service~~certified mail to the secretary of	33547
state before the close of business on the day the board of	33548
elections receives the statement, addendum, or amended statement.	33549

(G) Subject to the secretary of state having implemented,	33550
tested, and verified the successful operation of any system the	33551
secretary of state prescribes pursuant to division (H)(1) of this	33552
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	33553
the Revised Code for the filing of campaign finance statements by	33554
electronic means of transmission, any individual, partnership, or	33555
other entity that makes independent expenditures in support of or	33556
opposition to a statewide candidate or a statewide ballot issue or	33557
question as provided in division (B)(2)(b) or (C)(2)(b) of section	33558
3517.105 of the Revised Code may file the statement specified in	33559
that division by electronic means of transmission or, if the total	33560
amount of independent expenditures made during the reporting	33561
period under that division exceeds ten thousand dollars, shall	33562
file the statement specified in that division by electronic means	33563
of transmission.	33564

Within five business days after a statement filed by an	33565
individual, partnership, or other entity is received by the	33566
secretary of state by electronic or other means of transmission,	33567
the secretary of state shall make available online to the public	33568
through the internet, as provided in division (I) of this section,	33569
the expenditure information in that statement.	33570

If a statement filed by electronic means of transmission is	33571
found to be incomplete or inaccurate after the examination of the	33572
statement for completeness and accuracy pursuant to division	33573
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	33574
partnership, or other entity shall file by electronic means of	33575
transmission any addendum to the statement that provides the	33576
information necessary to complete or correct the statement or, if	33577
required by the secretary of state under that division, an amended	33578
statement.	33579

Within five business days after the secretary of state	33580
receives from an individual, partnership, or other entity	33581
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	33582
of the Revised Code an addendum to the statement or an amended	33583
statement by electronic or other means of transmission under this	33584
division or division (B)(3)(a) of section 3517.11 of the Revised	33585
Code, the secretary of state shall make the expenditure	33586
information in the addendum or amended statement available online	33587
to the public through the internet as provided in division (I) of	33588
this section.	33589

(H)(1) The secretary of state, by rule adopted pursuant to	33590
section 3517.23 of the Revised Code, shall prescribe one or more	33591
techniques by which a person who executes and transmits by	33592
electronic means a statement of contributions and expenditures, a	33593
statement of independent expenditures, a disclosure of	33594
electioneering communications statement, a deposit and	33595
disbursement statement, or a gift and disbursement statement, an	33596
addendum to any of those statements, an amended statement of	33597
contributions and expenditures, an amended statement of	33598
independent expenditures, an amended disclosure of electioneering	33599
communications statement, an amended deposit and disbursement	33600
statement, or an amended gift and disbursement statement, under	33601
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012,	33602
or 3517.1013 of the Revised Code shall electronically sign the	33603
statement, addendum, or amended statement. Any technique	33604
prescribed by the secretary of state pursuant to this division	33605
shall create an electronic signature that satisfies all of the	33606
following:	33607

(a) It is unique to the signer.

33608

(b) It objectively identifies the signer.

33609

(c) It involves the use of a signature device or other means	33610
or method that is under the sole control of the signer and that	33611
cannot be readily duplicated or compromised.	33612

(d) It is created and linked to the electronic record to	33613
which it relates in a manner that, if the record or signature is	33614
intentionally or unintentionally changed after signing, the	33615
electronic signature is invalidated.	33616

(2) An electronic signature prescribed by the secretary of	33617
state under division (H)(1) of this section shall be attached to	33618
or associated with the statement of contributions and	33619
expenditures, the statement of independent expenditures, the	33620
disclosure of electioneering communications statement, the deposit	33621
and disbursement statement, or the gift and disbursement	33622
statement, the addendum to any of those statements, the amended	33623
statement of contributions and expenditures, the amended statement	33624
of independent expenditures, the amended disclosure of	33625
electioneering communications statement, the amended deposit and	33626
disbursement statement, or the amended gift and disbursement	33627
statement that is executed and transmitted by electronic means by	33628
the person to whom the electronic signature is attributed. The	33629
electronic signature that is attached to or associated with the	33630
statement, addendum, or amended statement under this division	33631
shall be binding on all persons and for all purposes under the	33632
campaign finance reporting law as if the signature had been	33633
handwritten in ink on a printed form.	33634

(I) The secretary of state shall make the contribution and	33635
expenditure, the contribution and disbursement, the deposit and	33636
disbursement, or the gift and disbursement information in all	33637
statements, all addenda to the statements, and all amended	33638
statements that are filed with the secretary of state by	33639
electronic or other means of transmission under this section or	33640
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or	33641
3517.11 of the Revised Code available online to the public by any	33642
means that are searchable, viewable, and accessible through the	33643
internet.	33644

(J)(1) As used in this division, "library" means a library	33645
that is open to the public and that is one of the following:	33646

(a) A library that is maintained and regulated under section	33647
715.13 of the Revised Code;	33648

(b) A library that is created, maintained, and regulated	33649
under Chapter 3375. of the Revised Code.	33650

(2) The secretary of state shall notify all libraries of the	33651
location on the internet at which the contribution and	33652
expenditure, contribution and disbursement, deposit and	33653
disbursement, or gift and disbursement information in campaign	33654
finance statements required to be made available online to the	33655
public through the internet pursuant to division (I) of this	33656
section may be accessed.	33657

If that location is part of the world wide web and if the	33658
secretary of state has notified a library of that world wide web	33659
location as required by this division, the library shall include a	33660
link to that world wide web location on each internet-connected	33661
computer it maintains that is accessible to the public.	33662

(3) If the system the secretary of state prescribes for the	33663
filing of campaign finance statements by electronic means of	33664
transmission pursuant to division (H)(1) of this section and	33665
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	33666
Code includes filing those statements through the internet via the	33667
world wide web, the secretary of state shall notify all libraries	33668
of the world wide web location at which those statements may be	33669
filed.	33670

If those statements may be filed through the internet via the	33671
world wide web and if the secretary of state has notified a	33672
library of that world wide web location as required by this	33673
division, the library shall include a link to that world wide web	33674
location on each internet-connected computer it maintains that is	33675
accessible to the public.	33676

(K) It is an affirmative defense to a complaint or charge	33677
brought against any campaign committee, political action	33678
committee, political contributing entity, legislative campaign	33679
fund, or political party, any individual, partnership, or other	33680
entity, or any person making disbursements to pay the direct costs	33681
of producing or airing electioneering communications, for the	33682
failure to file by electronic means of transmission a campaign	33683
finance statement as required by this section or section 3517.10,	33684
3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code	33685
that all of the following apply to the campaign committee,	33686
political action committee, political contributing entity,	33687
legislative campaign fund, or political party, the individual,	33688
partnership, or other entity, or the person making disbursements	33689
to pay the direct costs of producing or airing electioneering	33690
communications, that failed to so file:	33691

(1) The campaign committee, political action committee,	33692
political contributing entity, legislative campaign fund, or	33693
political party, the individual, partnership, or other entity, or	33694
the person making disbursements to pay the direct costs of	33695
producing or airing electioneering communications attempted to	33696
file by electronic means of transmission the required statement	33697
prior to the deadline set forth in the applicable section.	33698

(2) The campaign committee, political action committee,	33699
political contributing entity, legislative campaign fund, or	33700
political party, the individual, partnership, or other entity, or	33701
the person making disbursements to pay the direct costs of	33702
producing or airing electioneering communications was unable to	33703
file by electronic means of transmission due to an expected or	33704
unexpected shutdown of the whole or part of the electronic	33705
campaign finance statement-filing system, such as for maintenance	33706
or because of hardware, software, or network connection failure.	33707

(3) The campaign committee, political action committee,	33708
political contributing entity, legislative campaign fund, or	33709
political party, the individual, partnership, or other entity, or	33710
the person making disbursements to pay the direct costs of	33711
producing or airing electioneering communications filed by	33712
electronic means of transmission the required statement within a	33713
reasonable period of time after being unable to so file it under	33714
the circumstance described in division (K)(2) of this section.	33715

(L)(1) The secretary of state shall adopt rules pursuant to	33716
Chapter 119. of the Revised Code to permit a campaign committee of	33717
a candidate for statewide office that makes expenditures of less	33718
than twenty-five thousand dollars during the filing period or a	33719
campaign committee for the office of member of the general	33720
assembly or the office of judge of a court of appeals that would	33721
otherwise be required to file campaign finance statements by	33722
electronic means of transmission under division (E) or (F) of this	33723
section to file those statements by paper with the office of the	33724
secretary of state. Those rules shall provide for all of the	33725
following:	33726

(a) An eligible campaign committee that wishes to file a	33727
campaign finance statement by paper instead of by electronic means	33728
of transmission shall file the statement on paper with the office	33729
of the secretary of state not sooner than twenty-four hours after	33730
the end of the filing period set forth in section 3517.10 of the	33731
Revised Code that is covered by the applicable statement.	33732

(b) The statement shall be accompanied by a fee, the amount	33733
of which the secretary of state shall determine by rule. The	33734
amount of the fee established under this division shall not exceed	33735
the data entry and data verification costs the secretary of state	33736
will incur to convert the information on the statement to an	33737
electronic format as required under division (I) of this section.	33738

(c) The secretary of state shall arrange for the information	33739
in campaign finance statements filed pursuant to division (L) of	33740
this section to be made available online to the public through the	33741
internet in the same manner, and at the same times, as information	33742
is made available under divisions (E), (F), and (I) of this	33743
section for candidates whose campaign committees file those	33744
statements by electronic means of transmission.	33745

(d) The candidate of an eligible campaign committee that	33746
intends to file a campaign finance statement pursuant to division	33747
(L) of this section shall file a notice indicating that the	33748
candidate's campaign committee intends to so file and stating that	33749
filing the statement by electronic means of transmission would	33750
constitute a hardship for the candidate or for the eligible	33751
campaign committee.	33752

(e) An eligible campaign committee that files a campaign	33753
finance statement on paper pursuant to division (L) of this	33754
section shall review the contribution and information made	33755
available online by the secretary of state with respect to that	33756
paper filing and shall notify the secretary of state of any errors	33757
with respect to that filing that appear in the data made available	33758
on that web site.	33759

(f) If an eligible campaign committee whose candidate has	33760
filed a notice in accordance with rules adopted under division	33761
(L)(1)(d) of this section subsequently fails to file that	33762
statement on paper by the applicable deadline established in rules	33763
adopted under division (L)(1)(a) of this section, penalties for	33764
the late filing of the campaign finance statement shall apply to	33765
that campaign committee for each day after that paper filing	33766
deadline, as if the campaign committee had filed the statement	33767
after the applicable deadline set forth in division (A) of section	33768
3517.10 of the Revised Code.	33769

(2) The process for permitting campaign committees that would	33770
otherwise be required to file campaign finance statements by	33771
electronic means of transmission to file those statements on paper	33772
with the office of the secretary of state that is required to be	33773
developed under division (L)(1) of this section shall be in effect	33774
and available for use by eligible campaign committees for all	33775
campaign finance statements that are required to be filed on or	33776
after June 30, 2005. Notwithstanding any provision of the Revised	33777
Code to the contrary, if the process the secretary of state is	33778
required to develop under division (L)(1) of this section is not	33779
in effect and available for use on and after June 30, 2005, all	33780
penalties for the failure of campaign committees to file campaign	33781
finance statements by electronic means of transmission shall be	33782
suspended until such time as that process is in effect and	33783
available for use.	33784

(3) Notwithstanding any provision of the Revised Code to the	33785
contrary, any eligible campaign committee that files campaign	33786
finance statements on paper with the office of the secretary of	33787
state pursuant to division (L)(1) of this section shall be deemed	33788
to have filed those campaign finance statements by electronic	33789
means of transmission to the office of the secretary of state.	33790

Sec. 3517.11. (A)(1) Campaign committees of candidates for	33791
statewide office or the state board of education, political action	33792
committees or political contributing entities that make	33793
contributions to campaign committees of candidates that are	33794
required to file the statements prescribed by section 3517.10 of	33795
the Revised Code with the secretary of state, political action	33796
committees or political contributing entities that make	33797
contributions to campaign committees of candidates for member of	33798
the general assembly, political action committees or political	33799
contributing entities that make contributions to state and	33800
national political parties and to legislative campaign funds,	33801
political action committees or political contributing entities	33802
that receive contributions or make expenditures in connection with	33803
a statewide ballot issue, political action committees or political	33804
contributing entities that make contributions to other political	33805
action committees or political contributing entities, political	33806
parties, and campaign committees, except as set forth in division	33807
(A)(3) of this section, legislative campaign funds, and state and	33808
national political parties shall file the statements prescribed by	33809
section 3517.10 of the Revised Code with the secretary of state.	33810

(2)(a) Except as otherwise provided in division (F) of	33811
section 3517.106 of the Revised Code, campaign committees of	33812
candidates for all other offices shall file the statements	33813
prescribed by section 3517.10 of the Revised Code with the board	33814
of elections where their candidates are required to file their	33815
petitions or other papers for nomination or election.	33816

(b) A campaign committee of a candidate for office of member	33817
of the general assembly or a campaign committee of a candidate for	33818
the office of judge of a court of appeals shall file two copies of	33819
the printed version of any statement, addendum, or amended	33820
statement if the committee does not file pursuant to division	33821
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	33822
printed version only with the appropriate board of elections. The	33823
board of elections shall send one of those copies by ~~overnight~~	33824
~~delivery service~~certified mail to the secretary of state before	33825
the close of business on the day the board of elections receives	33826
the statement, addendum, or amended statement.	33827

(3) Political action committees or political contributing	33828
entities that only contribute to a county political party,	33829
contribute to campaign committees of candidates whose nomination	33830
or election is to be submitted only to electors within a county,	33831
subdivision, or district, excluding candidates for member of the	33832
general assembly, and receive contributions or make expenditures	33833
in connection with ballot questions or issues to be submitted only	33834
to electors within a county, subdivision, or district shall file	33835
the statements prescribed by section 3517.10 of the Revised Code	33836
with the board of elections in that county or in the county	33837
contained in whole or part within the subdivision or district	33838
having a population greater than that of any other county	33839
contained in whole or part within that subdivision or district, as	33840
the case may be.	33841

(4) Except as otherwise provided in division (E)(3) of	33842
section 3517.106 of the Revised Code with respect to state	33843
candidate funds, county political parties shall file the	33844
statements prescribed by section 3517.10 of the Revised Code with	33845
the board of elections of their respective counties.	33846

(B)(1) The official with whom petitions and other papers for	33847
nomination or election to public office are filed shall furnish	33848
each candidate at the time of that filing a copy of sections	33849
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	33850
3599.031 of the Revised Code and any other materials that the	33851
secretary of state may require. Each candidate receiving the	33852
materials shall acknowledge their receipt in writing.	33853

(2) On or before the tenth day before the dates on which	33854
statements are required to be filed by section 3517.10 of the	33855
Revised Code, every candidate subject to the provisions of this	33856
section and sections 3517.10 and 3517.106 of the Revised Code	33857
shall be notified of the requirements and applicable penalties of	33858
those sections. The secretary of state, by certified mail, return	33859
receipt requested, shall notify all candidates required to file	33860
those statements with the secretary of state's office. The board	33861
of elections of every county shall notify by first class mail any	33862
candidate who has personally appeared at the office of the board	33863
on or before the tenth day before the statements are required to	33864
be filed and signed a form, to be provided by the secretary of	33865
state, attesting that the candidate has been notified of the	33866
candidate's obligations under the campaign finance law. The board	33867
shall forward the completed form to the secretary of state. The	33868
board shall use certified mail, return receipt requested, to	33869
notify all other candidates required to file those statements with	33870
it.	33871

(3)(a) Any statement required to be filed under sections	33872
3517.081 to 3517.17 of the Revised Code that is found to be	33873
incomplete or inaccurate by the officer to whom it is submitted	33874
shall be accepted on a conditional basis, and the person who filed	33875
it shall be notified by certified mail as to the incomplete or	33876
inaccurate nature of the statement. The secretary of state may	33877
examine statements filed for candidates for the office of member	33878
of the general assembly and candidates for the office of judge of	33879
a court of appeals for completeness and accuracy. The secretary of	33880
state shall examine for completeness and accuracy statements that	33881
campaign committees of candidates for the office of member of the	33882
general assembly and campaign committees of candidates for the	33883
office of judge of a court of appeals file pursuant to division	33884
(F) or (L) of section 3517.106 of the Revised Code. If an officer	33885
at the board of elections where a statement filed for a candidate	33886
for the office of member of the general assembly or for a	33887
candidate for the office of judge of a court of appeals was	33888
submitted finds the statement to be incomplete or inaccurate, the	33889
officer shall immediately notify the secretary of state of its	33890
incomplete or inaccurate nature. If either an officer at the board	33891
of elections or the secretary of state finds a statement filed for	33892
a candidate for the office of member of the general assembly or	33893
for a candidate for the office of judge of a court of appeals to	33894
be incomplete or inaccurate, only the secretary of state shall	33895
send the notification as to the incomplete or inaccurate nature of	33896
the statement.	33897

Within twenty-one days after receipt of the notice, in the	33898
case of a pre-election statement, a postelection statement, a	33899
monthly statement, an annual statement, or a semiannual statement	33900
prescribed by section 3517.10, an annual statement prescribed by	33901
section 3517.101, or a statement prescribed by division (B)(2)(b)	33902
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	33903
Revised Code, the recipient shall file an addendum, amendment, or	33904
other correction to the statement providing the information	33905
necessary to complete or correct the statement. The secretary of	33906
state may require that, in lieu of filing an addendum, amendment,	33907
or other correction to a statement that is filed by electronic	33908
means of transmission to the office of the secretary of state	33909
pursuant to section 3517.106 of the Revised Code, the recipient of	33910
the notice described in this division file by electronic means of	33911
transmission an amended statement that incorporates the	33912
information necessary to complete or correct the statement.	33913

The secretary of state shall determine by rule when an	33914
addendum, amendment, or other correction to any of the following	33915
or when an amended statement of any of the following shall be	33916
filed:	33917

(i) A two-business-day statement prescribed by section	33918
3517.10 of the Revised Code;	33919

(ii) A disclosure of electioneering communications statement	33920
prescribed by division (D) of section 3517.1011 of the Revised	33921
Code;	33922

(iii) A deposit and disbursement statement prescribed under	33923
division (B) of section 3517.1012 of the Revised Code;	33924

(iv) A gift and disbursement statement prescribed under	33925
section 3517.1013 of the Revised Code.	33926

An addendum, amendment, or other correction to a statement	33927
that is filed by electronic means of transmission pursuant to	33928
section 3517.106 of the Revised Code shall be filed in the same	33929
manner as the statement.	33930

The provisions of sections 3517.10, 3517.106, 3517.1011,	33931
3517.1012, and 3517.1013 of the Revised Code pertaining to the	33932
filing of statements of contributions and expenditures, statements	33933
of independent expenditures, disclosure of electioneering	33934
communications statements, deposit and disbursement statements,	33935
and gift and disbursement statements by electronic means of	33936
transmission apply to the filing of addenda, amendments, or other	33937
corrections to those statements by electronic means of	33938
transmission and the filing of amended statements by electronic	33939
means of transmission.	33940

(b) Within five business days after the secretary of state	33941
receives, by electronic or other means of transmission, an	33942
addendum, amendment, or other correction to a statement or an	33943
amended statement under division (B)(3)(a) of this section, the	33944
secretary of state, pursuant to divisions (E), (F), (G), and (I)	33945
of section 3517.106 or division (D) of section 3517.1011 of the	33946
Revised Code, shall make the contribution and expenditure,	33947
contribution and disbursement, deposit and disbursement, or gift	33948
and disbursement information in that addendum, amendment,	33949
correction, or amended statement available online to the public	33950
through the internet.	33951

(4)(a) The secretary of state or the board of elections shall	33952
examine all statements for compliance with sections 3517.08 to	33953
3517.17 of the Revised Code.	33954

(b) The secretary of state may contract with an individual or	33955
entity not associated with the secretary of state and experienced	33956
in interpreting the campaign finance law of this state to conduct	33957
examinations of statements filed by any statewide candidate, as	33958
defined in section 3517.103 of the Revised Code.	33959

(c) The examination shall be conducted by a person or entity	33960
qualified to conduct it. The results of the examination shall be	33961
available to the public, and, when the examination is conducted by	33962
an individual or entity not associated with the secretary of	33963
state, the results of the examination shall be reported to the	33964
secretary of state.	33965

(C)(1) In the event of a failure to file or a late filing of	33966
a statement required to be filed under sections 3517.081 to	33967
3517.17 of the Revised Code, or if a filed statement or any	33968
addendum, amendment, or other correction to a statement or any	33969
amended statement, if an addendum, amendment, or other correction	33970
or an amended statement is required to be filed, is incomplete or	33971
inaccurate or appears to disclose a failure to comply with or a	33972
violation of law, the official whose duty it is to examine the	33973
statement shall promptly file a complaint with the Ohio elections	33974
commission under section 3517.153 of the Revised Code if the law	33975
is one over which the commission has jurisdiction to hear	33976
complaints, or the official shall promptly report the failure or	33977
violation to the board of elections and the board shall promptly	33978
report it to the prosecuting attorney in accordance with division	33979
(J) of section 3501.11 of the Revised Code. If the official files	33980
a complaint with the commission, the commission shall proceed in	33981
accordance with sections 3517.154 to 3517.157 of the Revised Code.	33982

(2) For purposes of division (C)(1) of this section, a	33983
statement or an addendum, amendment, or other correction to a	33984
statement or an amended statement required to be filed under	33985
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	33986
inaccurate under this section if the statement, addendum,	33987
amendment, other correction, or amended statement fails to	33988
disclose substantially all contributions or gifts that are	33989
received or deposits that are made that are required to be	33990
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	33991
3517.1012, and 3517.1013 of the Revised Code or if the statement,	33992
addendum, amendment, other correction, or amended statement fails	33993
to disclose at least ninety per cent of the total contributions or	33994
gifts received or deposits made or of the total expenditures or	33995
disbursements made during the reporting period.	33996

(D) No certificate of nomination or election shall be issued	33997
to a person, and no person elected to an office shall enter upon	33998
the performance of the duties of that office, until that person or	33999
that person's campaign committee, as appropriate, has fully	34000
complied with this section and sections 3517.08, 3517.081,	34001
3517.10, and 3517.13 of the Revised Code.	34002

Sec. 3517.13. (A)(1) No campaign committee of a statewide	34003
candidate shall fail to file a complete and accurate statement	34004
required under division (A)(1) of section 3517.10 of the Revised	34005
Code.	34006

(2) No campaign committee of a statewide candidate shall fail	34007
to file a complete and accurate monthly statement, and no campaign	34008
committee of a statewide candidate or a candidate for the office	34009
of chief justice or justice of the supreme court shall fail to	34010
file a complete and accurate two-business-day statement, as	34011
required under section 3517.10 of the Revised Code.	34012

As used in this division, "statewide candidate" has the same	34013
meaning as in division (F)(2) of section 3517.10 of the Revised	34014
Code.	34015

(B) No campaign committee shall fail to file a complete and	34016
accurate statement required under division (A)(1) of section	34017
3517.10 of the Revised Code.	34018

(C) No campaign committee shall fail to file a complete and	34019
accurate statement required under division (A)(2) of section	34020
3517.10 of the Revised Code.	34021

(D) No campaign committee shall fail to file a complete and	34022
accurate statement required under division (A)(3) or (4) of	34023
section 3517.10 of the Revised Code.	34024

(E) No person other than a campaign committee shall knowingly	34025
fail to file a statement required under section 3517.10 or	34026
3517.107 of the Revised Code.	34027

(F) No person shall make cash contributions to any person	34028
totaling more than one hundred dollars in each primary, special,	34029
or general election.	34030

(G)(1) No person shall knowingly conceal or misrepresent	34031
contributions given or received, expenditures made, or any other	34032
information required to be reported by a provision in sections	34033
3517.08 to 3517.13 and 3517.17 of the Revised Code.	34034

(2)(a) No person shall make a contribution to a campaign	34035
committee, political action committee, political contributing	34036
entity, legislative campaign fund, political party, or person	34037
making disbursements to pay the direct costs of producing or	34038
airing electioneering communications in the name of another	34039
person.	34040

(b) A person does not make a contribution in the name of	34041
another when either of the following applies:	34042

(i) An individual makes a contribution from a partnership or	34043
other unincorporated business account, if the contribution is	34044
reported by listing both the name of the partnership or other	34045
unincorporated business and the name of the partner or owner	34046
making the contribution as required under division (I) of section	34047
3517.10 of the Revised Code.	34048

(ii) A person makes a contribution in that person's spouse's	34049
name or in both of their names.	34050

(H) No person within this state, publishing a newspaper or	34051
other periodical, shall charge a campaign committee for political	34052
advertising a rate in excess of the rate such person would charge	34053
if the campaign committee were a general rate advertiser whose	34054
advertising was directed to promoting its business within the same	34055
area as that encompassed by the particular office that the	34056
candidate of the campaign committee is seeking. The rate shall	34057
take into account the amount of space used, as well as the type of	34058
advertising copy submitted by or on behalf of the campaign	34059
committee. All discount privileges otherwise offered by a	34060
newspaper or periodical to general rate advertisers shall be	34061
available upon equal terms to all campaign committees.	34062

No person within this state, operating a radio or television	34063
station or network of stations in this state, shall charge a	34064
campaign committee for political broadcasts a rate that exceeds:	34065

(1) During the forty-five days preceding the date of a	34066
primary election and during the sixty days preceding the date of a	34067
general or special election in which the candidate of the campaign	34068
committee is seeking office, the lowest unit charge of the station	34069
for the same class and amount of time for the same period;	34070

(2) At any other time, the charges made for comparable use of	34071
that station by its other users.	34072

(I)(1)(a) Subject to divisions (K), (L), (M), and (N) of this	34073
section, no agency or department of this state ~~or any political~~	34074
~~subdivision~~ shall award any contract for the purchase of goods	34075
costing more than five hundred dollars or services costing more	34076
than five hundred dollars, and no political subdivision shall	34077
award any contract for the purchase of goods with a cost	34078
aggregating more than ten thousand dollars in a calendar year or	34079
services with a cost aggregating more than ten thousand dollars in	34080
a calendar year, to any individual, partnership or other	34081
unincorporated business, association, including, without	34082
limitation, a professional association organized under Chapter	34083
1785. of the Revised Code, estate, or trust if any of the	34084
following has made, as an individual, within the ~~two~~ previous	34085
~~calendar years~~twenty-four months, one or more contributions	34086
totaling in excess of one thousand dollars to the holder of the	34087
public office having ultimate responsibility for the award of the	34088
contract or to the public officer's campaign committee:	34089

(i) The individual;

34090

(ii) Any partner or owner of the partnership or other	34091
unincorporated business;	34092

(iii) Any shareholder of the association;

34093

(iv) Any administrator of the estate;

34094

(v) Any executor of the estate;

34095

(vi) Any trustee of the trust;

34096

(vii) The spouse of any person identified in divisions	34097
(I)(1)(a)(i) to (vi) of this section;	34098

(viii) Any child seven years of age through seventeen years	34099
of age of any person identified in divisions (I)(1)(a)(i) to (vi)	34100
of this section.	34101

(b) Subject to divisions (K), (L), (M), and (N) of this	34102
section, no agency or department of this state ~~or any political~~	34103
~~subdivision~~ shall award any contract for the purchase of goods	34104
costing more than five hundred dollars or services costing more	34105
than five hundred dollars, and no political subdivision shall	34106
award any contract for the purchase of goods with a cost	34107
aggregating more than ten thousand dollars in a calendar year or	34108
services with a cost aggregating more than ten thousand dollars in	34109
a calendar year, to any individual, partnership or other	34110
unincorporated business, association, including, without	34111
limitation, a professional association organized under Chapter	34112
1785. of the Revised Code, estate, or trust if any combination of	34113
the following has made, within the ~~two~~ previous ~~calendar years~~	34114
twenty-four months, one or more contributions totaling in excess	34115
of two thousand dollars to the holder of the public office having	34116
ultimate responsibility for the award of the contract or to the	34117
public officer's campaign committee:	34118

(i) The individual;

34119

(ii) Any partner or owner of the partnership or other	34120
unincorporated business;	34121

(iii) Any shareholder of the association;

34122

(iv) Any administrator of the estate;

34123

(v) Any executor of the estate;

34124

(vi) Any trustee of the trust;

34125

(vii) The spouse of any person identified in divisions	34126
(I)(1)(b)(i) to (vi) of this section;	34127

(viii) Any child seven years of age through seventeen years	34128
of age of any person identified in divisions (I)(1)(b)(i) to (vi)	34129
of this section;	34130

(ix) Any political action committee affiliated with the	34131
partnership or other unincorporated business, association, estate,	34132
or trust.	34133

(2)(a) Subject to divisions (K), (L), (M), and (N) of this	34134
section, if any agency or department of this state ~~or any~~	34135
~~political subdivision~~ has awarded a contract for the purchase of	34136
goods costing more than five hundred dollars or services costing	34137
more than five hundred dollars, or if any political subdivision	34138
has awarded a contract for the purchase of goods with a cost	34139
aggregating more than ten thousand dollars in a calendar year or	34140
services with a cost aggregating more than ten thousand dollars in	34141
a calendar year, to any individual, partnership or other	34142
unincorporated business, association, including, without	34143
limitation, a professional association organized under Chapter	34144
1785. of the Revised Code, estate, or trust, none of the following	34145
shall, beginning on the date the contract is awarded and extending	34146
until one year following the conclusion of that contract, make one	34147
or more contributions totaling in excess of one thousand dollars	34148
to the holder of the public office having ultimate responsibility	34149
for the award of that contract:	34150

(i) The individual;

34151

(ii) Any partner or owner of the partnership or other	34152
unincorporated business;	34153

(iii) Any shareholder of the association;

34154

(iv) Any administrator of the estate;

34155

(v) Any executor of the estate;

34156

(vi) Any trustee of the trust;

34157

(vii) The spouse of any person identified in divisions	34158
(I)(2)(a)(i) to (vi) of this section;	34159

(viii) Any child seven years of age through seventeen years	34160
of age of any person identified in divisions (I)(2)(a)(i) to (vi)	34161
of this section.	34162

(b) Subject to divisions (K), (L), (M), and (N) of this	34163
section, if any agency or department of this state ~~or any~~	34164
~~political subdivision~~ has awarded a contract for the purchase of	34165
goods costing more than five hundred dollars or services costing	34166
more than five hundred dollars, or if any political subdivision	34167
has awarded a contract for the purchase of goods with a cost	34168
aggregating more than ten thousand dollars in a calendar year or	34169
services with a cost aggregating more than ten thousand dollars in	34170
a calendar year, to any individual, partnership or other	34171
unincorporated business, association, including, without	34172
limitation, a professional association organized under Chapter	34173
1785. of the Revised Code, estate, or trust, no combination of any	34174
of the following shall, beginning on the date the contract is	34175
awarded and extending until one year following the conclusion of	34176
that contract, make one or more contributions totaling in excess	34177
of two thousand dollars to the holder of the public office having	34178
ultimate responsibility for the award of that contract:	34179

(i) The individual;

34180

(ii) Any partner or owner of the partnership or other	34181
unincorporated business;	34182

(iii) Any shareholder of the association;

34183

(iv) Any administrator of the estate;

34184

(v) Any executor of the estate;

34185

(vi) Any trustee of the trust;

34186

(vii) The spouse of any person identified in divisions	34187
(I)(2)(b)(i) to (vi) of this section;	34188

(viii) Any child seven years of age through seventeen years	34189
of age of any person identified in divisions (I)(2)(b)(i) to (vi)	34190
of this section;	34191

(ix) Any political action committee affiliated with the	34192
partnership or other unincorporated business, association, estate,	34193
or trust.	34194

(3) Subject to divisions (L), (M), and (N) of this section,	34195
no agency or department of this state ~~or any political subdivision~~	34196
shall enter into any contract for the purchase of goods costing	34197
more than five hundred dollars or services costing more than five	34198
hundred dollars, and no political subdivision shall enter into any	34199
contract for the purchase of goods with a cost aggregating more	34200
than ten thousand dollars in a calendar year or services with a	34201
cost aggregating more than ten thousand dollars in a calendar	34202
year, with an individual, partnership or other unincorporated	34203
business, association, including, without limitation, a	34204
professional association organized under Chapter 1785. of the	34205
Revised Code, estate, or trust unless the agency, department, or	34206
political subdivision has received for that calendar year, or the	34207
contract includes, a certification by the individual, partnership	34208
or other unincorporated business, association, estate, or trust	34209
that all of the following persons, if applicable, are in	34210
compliance with division (I)(1) of this section:	34211

(a) The individual;

34212

(b) Each partner or owner of the partnership or other	34213
unincorporated business;	34214

34215

(d) Each administrator of the estate;

34216

(e) Each executor of the estate;

34217

(f) Each trustee of the trust;

34218

(g) Each spouse of any person identified in divisions	34219
(I)(3)(a) to (f) of this section;	34220

(h) Each child seven years of age to seventeen years of age	34221
of any person identified in divisions (I)(3)(a) to (f) of this	34222
section;	34223

(i) Any combination of persons identified in divisions	34224
(I)(3)(a) to (h) of this section.	34225

(4)(a) Subject to divisions (K), (L), (M), and (N) of this	34226
section, no agency or department of this state ~~or any political~~	34227
~~subdivision~~ shall award any contract for the purchase of goods	34228
costing more than five hundred dollars or services costing more	34229
than five hundred dollars, and no political subdivision shall	34230
award any contract for the purchase of goods with a cost	34231
aggregating more than ten thousand dollars in a calendar year or	34232
services with a cost aggregating more than ten thousand dollars in	34233
a calendar year, to any partnership or other unincorporated	34234
business, association, including, without limitation, a	34235
professional association organized under Chapter 1785. of the	34236
Revised Code, estate, or trust if a political action committee	34237
that is affiliated with the partnership or other unincorporated	34238
business, association, estate, or trust has made, within the ~~two~~	34239
previous ~~calendar years~~twenty-four months, one or more	34240
contributions totaling in excess of two thousand dollars to the	34241
holder of the public office having ultimate responsibility for	34242
the award of the contract or to the public officer's campaign	34243
committee.	34244

(b) Subject to divisions (K), (L), (M), and (N) of this	34245
section, if any agency or department of this state ~~or any~~	34246
~~political subdivision~~ has awarded any contract for the purchase of	34247
goods costing more than five hundred dollars or services costing	34248
more than five hundred dollars, or if any political subdivision	34249
has awarded a contract for the purchase of goods with a cost	34250
aggregating more than ten thousand dollars in a calendar year or	34251
services with a cost aggregating more than ten thousand dollars in	34252
a calendar year, to any partnership or other unincorporated	34253
business, association, including, without limitation, a	34254
professional association organized under Chapter 1785. of the	34255
Revised Code, estate, or trust, no political action committee	34256
that is affiliated with the partnership or other unincorporated	34257
business, association, estate, or trust shall, beginning on the	34258
date the contract is awarded and extending until one year	34259
following the conclusion of that contract, make one or more	34260
contributions totaling in excess of two thousand dollars to the	34261
holder of the public office having ultimate responsibility for	34262
the award of the contract or to the public officer's campaign	34263
committee.	34264

(J)(1)(a) Subject to divisions (K), (L), (M), and (N) of this	34265
section, no agency or department of this state ~~or any political~~	34266
~~subdivision~~ shall award any contract for the purchase of goods	34267
costing more than five hundred dollars or services costing more	34268
than five hundred dollars, and no political subdivision shall	34269
award any contract for the purchase of goods with a cost	34270
aggregating more than ten thousand dollars in a calendar year or	34271
services with a cost aggregating more than ten thousand dollars in	34272
a calendar year, to a corporation or business trust, except a	34273
professional association organized under Chapter 1785. of the	34274
Revised Code, if any of the following has made, as an individual,	34275
within the ~~two~~ previous ~~calendar years~~twenty-four months, taking	34276
into consideration only owners for all of that period, one or	34277
more contributions totaling in excess of one thousand dollars to	34278
the holder of a public office having ultimate responsibility for	34279
the award of the contract or to the public officer's campaign	34280
committee:	34281

(i) An owner of more than twenty per cent of the corporation	34282
or business trust;	34283

(ii) A spouse of an owner of more than twenty per cent of the	34284
corporation or business trust;	34285

(iii) A child seven years of age through seventeen years of	34286
age of an owner of more than twenty per cent of the corporation or	34287
business trust.	34288

(b) Subject to divisions (K), (L), (M), and (N) of this	34289
section, no agency or department of this state ~~or any political~~	34290
~~subdivision~~ shall award any contract for the purchase of goods	34291
costing more than five hundred dollars or services costing more	34292
than five hundred dollars, and no political subdivision shall	34293
award any contract for the purchase of goods with a cost	34294
aggregating more than ten thousand dollars in a calendar year or	34295
services with a cost aggregating more than ten thousand dollars in	34296
a calendar year, to a corporation or business trust, except a	34297
professional association organized under Chapter 1785. of the	34298
Revised Code, if any combination of the following has made,	34299
within the ~~two~~ previous ~~calendar years~~twenty-four months, taking	34300
into consideration only owners for all of that period, one or	34301
more contributions totaling in excess of two thousand dollars to	34302
the holder of the public office having ultimate responsibility	34303
for the award of the contract or to the public officer's campaign	34304
committee:	34305

(i) Owners of more than twenty per cent of the corporation or	34306
business trust;	34307

(ii) Spouses of owners of more than twenty per cent of the	34308
corporation or business trust;	34309

(iii) Children seven years of age through seventeen years of	34310
age of owners of more than twenty per cent of the corporation or	34311
business trust;	34312

(iv) Any political action committee affiliated with the	34313
corporation or business trust.	34314

(2)(a) Subject to divisions (K), (L), (M), and (N) of this	34315
section, if any agency or department of this state ~~or any~~	34316
~~political subdivision~~ has awarded a contract for the purchase of	34317
goods costing more than five hundred dollars or services costing	34318
more than five hundred dollars, or if any political subdivision	34319
has awarded a contract for the purchase of goods with a cost	34320
aggregating more than ten thousand dollars in a calendar year or	34321
services with a cost aggregating more than ten thousand dollars in	34322
a calendar year, to a corporation or business trust, except a	34323
professional association organized under Chapter 1785. of the	34324
Revised Code, none of the following shall, beginning on the date	34325
the contract is awarded and extending until one year following	34326
the conclusion of that contract, make one or more contributions	34327
totaling in excess of one thousand dollars to the holder of the	34328
public office having ultimate responsibility for the award of	34329
that contract:	34330

(i) An owner of more than twenty per cent of the corporation	34331
or business trust;	34332

(ii) A spouse of an owner of more than twenty per cent of the	34333
corporation or business trust;	34334

(iii) A child seven years of age through seventeen years of	34335
age of an owner of more than twenty per cent of the corporation or	34336
business trust.	34337

(b) Subject to divisions (K), (L), (M), and (N) of this	34338
section, if any agency or department of this state ~~or any~~	34339
~~political subdivision~~ has awarded a contract for the purchase of	34340
goods costing more than five hundred dollars or services costing	34341
more than five hundred dollars, or if any political subdivision	34342
has awarded a contract for the purchase of goods with a cost	34343
aggregating more than ten thousand dollars in a calendar year or	34344
services with a cost aggregating more than ten thousand dollars in	34345
a calendar year, to a corporation or business trust, except a	34346
professional association organized under Chapter 1785. of the	34347
Revised Code, no combination of any of the following shall,	34348
beginning on the date the contract is awarded and extending until	34349
one year following the conclusion of that contract, make one or	34350
more contributions totaling in excess of two thousand dollars to	34351
the holder of the public office having ultimate responsibility for	34352
the award of that contract:	34353

(i) Owners of more than twenty per cent of the corporation or	34354
business trust;	34355

(ii) Spouses of owners of more than twenty per cent of the	34356
corporation or business trust;	34357

(iii) Children seven years of age through seventeen years of	34358
age of owners of more than twenty per cent of the corporation or	34359
business trust;	34360

(iv) Any political action committee affiliated with the	34361
corporation or business trust.	34362

(3) Subject to divisions (L), (M), and (N) of this section,	34363
no agency or department of this state ~~or any political subdivision~~	34364
shall enter into any contract for the purchase of goods costing	34365
more than five hundred dollars or services costing more than five	34366
hundred dollars, and no political subdivision shall enter into any	34367
contract for the purchase of goods with a cost aggregating more	34368
than ten thousand dollars in a calendar year or services with a	34369
cost aggregating more than ten thousand dollars in a calendar	34370
year, with a corporation or business trust, except a professional	34371
association organized under Chapter 1785. of the Revised Code,	34372
unless the agency, department, or political subdivision has	34373
received for that calendar year, or the contract includes, a	34374
certification by the corporation or business trust that all of	34375
the following persons, if applicable, are in compliance with	34376
division (J)(1) of this section:	34377

(a) Each owner of more than twenty per cent of the	34378
corporation or business trust;	34379

(b) Each spouse of an owner of more than twenty per cent of	34380
the corporation or business trust;	34381

(c) Each child seven years of age to seventeen years of age	34382
of an owner of more than twenty per cent of the corporation or	34383
business trust;	34384

(d) Any combination of persons identified in divisions	34385
(J)(3)(a) to (c) of this section.	34386

(4)(a) Subject to divisions (K), (L), (M), and (N) of this	34387
section, no agency or department of this state ~~or any political~~	34388
~~subdivision~~ shall award any contract for the purchase of goods	34389
costing more than five hundred dollars or services costing more	34390
than five hundred dollars, and no political subdivision shall	34391
award any contract for the purchase of goods with a cost	34392
aggregating more than ten thousand dollars in a calendar year or	34393
services with a cost aggregating more than ten thousand dollars in	34394
a calendar year, to any corporation or business trust, except a	34395
professional association organized under Chapter 1785. of the	34396
Revised Code, if a political action committee that is affiliated	34397
with the corporation or business trust has made, within the ~~two~~	34398
previous ~~calendar years~~twenty-four months, one or more	34399
contributions totaling in excess of two thousand dollars to the	34400
holder of the public office having ultimate responsibility for	34401
the award of the contract or to the public officer's campaign	34402
committee.	34403

(b) Subject to divisions (K), (L), (M), and (N) of this	34404
section, if any agency or department of this state ~~or any~~	34405
~~political subdivision~~ has awarded any contract for the purchase of	34406
goods costing more than five hundred dollars or services costing	34407
more than five hundred dollars, or if any political subdivision	34408
has awarded a contract for the purchase of goods with a cost	34409
aggregating more than ten thousand dollars in a calendar year or	34410
services with a cost aggregating more than ten thousand dollars in	34411
a calendar year, to any corporation or business trust, except a	34412
professional association organized under Chapter 1785. of the	34413
Revised Code, no political action committee that is affiliated	34414
with the corporation or business trust shall, beginning on the	34415
date the contract is awarded and extending until one year	34416
following the conclusion of that contract, make one or more	34417
contributions totaling in excess of two thousand dollars to the	34418
holder of the public office having ultimate responsibility for the	34419
award of the contract or to the public officer's campaign	34420
committee.	34421

(K)(1) For purposes of divisions (I) and (J) of this section,	34422
if a public officer who is responsible for the award of a contract	34423
is appointed by the governor, whether or not the appointment is	34424
subject to the advice and consent of the senate, the office of the	34425
governor is considered to have ultimate responsibility for the	34426
award of the contract.	34427

(2) For purposes of divisions (I) and (J) of this section, if	34428
a public officer who is responsible for the award of a contract is	34429
appointed by the elected chief executive officer of a municipal	34430
corporation, or appointed by the elected chief executive officer	34431
of a county operating under an alternative form of county	34432
government or county charter, the office of the chief executive	34433
officer is considered to have ultimate responsibility for the	34434
award of the contract.	34435

(L)(1)(a) Collective bargaining agreements with labor	34436
organizations representing employees shall be considered to be	34437
contracts for the purchase of services for the purpose of	34438
divisions (I), (J), (Y), and (Z) of this section. The labor	34439
organization shall be the recipient of the contract and considered	34440
to be an unincorporated business for the purpose of divisions (I),	34441
(J), (Y), and (Z) of this section. For purposes of divisions (I),	34442
(J), (Y) and (Z) of this section, a political contributing entity	34443
or political action committee of the labor organization shall be	34444
subject to the same limits as applicable to an affiliated	34445
political action committee of an incorporated business.	34446

(b) Divisions (I), (J), (Y), and (Z) of this section do not	34447
apply to employment contracts entered into with a single employee.	34448

(c) The secretary of state shall adopt rules under Chapter	34449
119. of the Revised Code that determine what constitutes a	34450
contract for the purchase of goods and what constitutes a contract	34451
for the purchase of services under divisions (I), (J), (Y), and	34452
(Z) of this section and section 3517.093 of the Revised Code.	34453

(2)(a) For the purpose of divisions (I) and (Y) of this	34454
section, a political action committee is affiliated with a	34455
partnership or other unincorporated business, association,	34456
including, without limitation, a professional association	34457
organized under Chapter 1785. of the Revised Code, estate, or	34458
trust if the political action committee received, as reported on	34459
its most recent statement filed under section 3517.10 of the	34460
Revised Code, more than fifty per cent of its contributions from	34461
any combination of the persons identified in divisions	34462
(I)(1)~~(a)~~(b)(ii) to (vi) of this section or divisions	34463
(Y)(1)~~(a)~~(b)(ii) to (vi) of this section, respectively.	34464

(b) For the purpose of divisions (J) and (Z) of this section,	34465
a political action committee is affiliated with a corporation or	34466
business trust, except a professional association organized under	34467
Chapter 1785. of the Revised Code, if the political action	34468
committee received, as reported on its most recent statement filed	34469
under section 3517.10 of the Revised Code, more than fifty per	34470
cent of its contributions from any combination of the persons	34471
identified in division (J)(1)~~(a)~~(b)(i) of this section or	34472
division (Z)(1)~~(a)~~(b)(i) of this section, respectively.	34473

(c) A federal political committee registered with the	34474
secretary of state pursuant to section 3517.107 of the Revised	34475
Code is a political action committee affiliated with a partnership	34476
or other unincorporated business, association, including, without	34477
limitation, a professional association organized under Chapter	34478
1785. of the Revised Code, estate, or trust or with a corporation	34479
or business trust if the federal political committee received more	34480
than fifty per cent of its contributions as specified in divisions	34481
(L)(2)(a) or (b) of this section in filings made with the federal	34482
election commission.	34483

(M)(1) Divisions (I) and (J) of this section do not apply to	34484
contracts awarded by the board of commissioners of the sinking	34485
fund, by the supreme court or courts of appeals, by county courts	34486
consisting of more than one judge, courts of common pleas	34487
consisting of more than one judge, or municipal courts consisting	34488
of more than one judge, or by a division of any court if the	34489
division consists of more than one judge. This division shall	34490
apply to the specified entity only if the members of the entity	34491
act collectively in the award of a contract for goods or services.	34492

(2) For the purpose of divisions (I), (J), (Y), and (Z) of	34493
this section, contracts approved by the controlling board shall be	34494
considered to be awarded solely by the agency or department that	34495
submitted the contract to the controlling board.	34496

(N)(1) Divisions (I), (J), (Y), and (Z) of this section apply	34497
to contributions made to the holder of a public office having	34498
ultimate responsibility for the award of a contract, or to the	34499
public officer's campaign committee, during the time the person	34500
holds the office and during any time such person was a candidate	34501
for the office. Those divisions apply to contributions made to,	34502
or to the campaign committee of, a candidate for the public office	34503
having ultimate responsibility for the award of the contract	34504
during any such time the person is a candidate for that office.	34505
For the purpose of this division, a person becomes a candidate for	34506
the public office having ultimate authority for the award of the	34507
contract when the person becomes a candidate for that office by	34508
filing a declaration of candidacy, a declaration of intent to be a	34509
write-in candidate, or a nominating petition, through party	34510
nomination at a primary election, or by the filling of a vacancy	34511
under section 3513.30 or 3513.31 of the Revised Code.	34512

(2) Divisions (I), (J), (Y), and (Z) of this section do not	34513
apply to contributions of a partner, shareholder, administrator,	34514
executor, trustee, or owner of more than twenty per cent of a	34515
corporation or business trust made before the person held any of	34516
those positions or after the person ceased to hold any of those	34517
positions in the partnership or other unincorporated business,	34518
association, estate, trust, corporation, or business trust whose	34519
eligibility to be awarded a contract is being determined, nor to	34520
contributions of the person's spouse made before the person held	34521
any of those positions, after the person ceased to hold any of	34522
those positions, before the two were married, after the granting	34523
of a decree of divorce, dissolution of marriage, or annulment, or	34524
after the granting of an order in an action brought solely for	34525
legal separation. Those divisions do not apply to contributions of	34526
the spouse of an individual whose eligibility to be awarded a	34527
contract is being determined made before the two were married,	34528
after the granting of a decree of divorce, dissolution of	34529
marriage, or annulment, or after the granting of an order in an	34530
action brought solely for legal separation.	34531

(O) No beneficiary of a campaign fund or other person shall	34532
convert for personal use, and no person shall knowingly give to a	34533
beneficiary of a campaign fund or any other person, for the	34534
beneficiary's or any other person's personal use, anything of	34535
value from the beneficiary's campaign fund, including, without	34536
limitation, payments to a beneficiary for services the beneficiary	34537
personally performs, except as reimbursement for any of the	34538
following:	34539

(1) Legitimate and verifiable prior campaign expenses	34540
incurred by the beneficiary;	34541

(2) Legitimate and verifiable ordinary and necessary prior	34542
expenses incurred by the beneficiary in connection with duties as	34543
the holder of a public office, including, without limitation,	34544
expenses incurred through participation in nonpartisan or	34545
bipartisan events if the participation of the holder of a public	34546
office would normally be expected;	34547

(3) Legitimate and verifiable ordinary and necessary prior	34548
expenses incurred by the beneficiary while doing any of the	34549
following:	34550

(a) Engaging in activities in support of or opposition to a	34551
candidate other than the beneficiary, political party, or ballot	34552
issue;	34553

(b) Raising funds for a political party, political action	34554
committee, political contributing entity, legislative campaign	34555
fund, campaign committee, or other candidate;	34556

(c) Participating in the activities of a political party,	34557
political action committee, political contributing entity,	34558
legislative campaign fund, or campaign committee;	34559

(d) Attending a political party convention or other political	34560
meeting.	34561

For purposes of this division, an expense is incurred	34562
whenever a beneficiary has either made payment or is obligated to	34563
make payment, as by the use of a credit card or other credit	34564
procedure or by the use of goods or services received on account.	34565

(P) No beneficiary of a campaign fund shall knowingly accept,	34566
and no person shall knowingly give to the beneficiary of a	34567
campaign fund, reimbursement for an expense under division (O) of	34568
this section to the extent that the expense previously was	34569
reimbursed or paid from another source of funds. If an expense is	34570
reimbursed under division (O) of this section and is later paid or	34571
reimbursed, wholly or in part, from another source of funds, the	34572
beneficiary shall repay the reimbursement received under division	34573
(O) of this section to the extent of the payment made or	34574
reimbursement received from the other source.	34575

(Q) No candidate or public official or employee shall accept	34576
for personal or business use anything of value from a political	34577
party, political action committee, political contributing entity,	34578
legislative campaign fund, or campaign committee other than the	34579
candidate's or public official's or employee's own campaign	34580
committee, and no person shall knowingly give to a candidate or	34581
public official or employee anything of value from a political	34582
party, political action committee, political contributing entity,	34583
legislative campaign fund, or such a campaign committee, except	34584
for the following:	34585

(1) Reimbursement for legitimate and verifiable ordinary and	34586
necessary prior expenses not otherwise prohibited by law incurred	34587
by the candidate or public official or employee while engaged in	34588
any legitimate activity of the political party, political action	34589
committee, political contributing entity, legislative campaign	34590
fund, or such campaign committee. Without limitation, reimbursable	34591
expenses under this division include those incurred while doing	34592
any of the following:	34593

(a) Engaging in activities in support of or opposition to	34594
another candidate, political party, or ballot issue;	34595

(b) Raising funds for a political party, legislative campaign	34596
fund, campaign committee, or another candidate;	34597

(c) Attending a political party convention or other political	34598
meeting.	34599

(2) Compensation not otherwise prohibited by law for actual	34600
and valuable personal services rendered under a written contract	34601
to the political party, political action committee, political	34602
contributing entity, legislative campaign fund, or such campaign	34603
committee for any legitimate activity of the political party,	34604
political action committee, political contributing entity,	34605
legislative campaign fund, or such campaign committee.	34606

Reimbursable expenses under this division do not include, and	34607
it is a violation of this division for a candidate or public	34608
official or employee to accept, or for any person to knowingly	34609
give to a candidate or public official or employee from a	34610
political party, political action committee, political	34611
contributing entity, legislative campaign fund, or campaign	34612
committee other than the candidate's or public official's or	34613
employee's own campaign committee, anything of value for	34614
activities primarily related to the candidate's or public	34615
official's or employee's own campaign for election, except for	34616
contributions to the candidate's or public official's or	34617
employee's campaign committee.	34618

For purposes of this division, an expense is incurred	34619
whenever a candidate or public official or employee has either	34620
made payment or is obligated to make payment, as by the use of a	34621
credit card or other credit procedure, or by the use of goods or	34622
services on account.	34623

(R)(1) Division (O) or (P) of this section does not prohibit	34624
a campaign committee from making direct advance or post payment	34625
from contributions to vendors for goods and services for which	34626
reimbursement is permitted under division (O) of this section,	34627
except that no campaign committee shall pay its candidate or other	34628
beneficiary for services personally performed by the candidate or	34629
other beneficiary.	34630

(2) If any expense that may be reimbursed under division (O),	34631
(P), or (Q) of this section is part of other expenses that may not	34632
be paid or reimbursed, the separation of the two types of expenses	34633
for the purpose of allocating for payment or reimbursement those	34634
expenses that may be paid or reimbursed may be by any reasonable	34635
accounting method, considering all of the surrounding	34636
circumstances.	34637

(3) For purposes of divisions (O), (P), and (Q) of this	34638
section, mileage allowance at a rate not greater than that allowed	34639
by the internal revenue service at the time the travel occurs may	34640
be paid instead of reimbursement for actual travel expenses	34641
allowable.	34642

(S)(1) As used in division (S) of this section:

34643

(a) "State elective office" has the same meaning as in	34644
section 3517.092 of the Revised Code.	34645

(b) "Federal office" means a federal office as defined in the	34646
Federal Election Campaign Act.	34647

(c) "Federal campaign committee" means a principal campaign	34648
committee or authorized committee as defined in the Federal	34649
Election Campaign Act.	34650

(2) No person who is a candidate for state elective office	34651
and who previously sought nomination or election to a federal	34652
office shall transfer any funds or assets from that person's	34653
federal campaign committee for nomination or election to the	34654
federal office to that person's campaign committee as a candidate	34655
for state elective office.	34656

(3) No campaign committee of a person who is a candidate for	34657
state elective office and who previously sought nomination or	34658
election to a federal office shall accept any funds or assets from	34659
that person's federal campaign committee for that person's	34660
nomination or election to the federal office.	34661

(T)(1) Except as otherwise provided in division (B)(6)(c) of	34662
section 3517.102 of the Revised Code, a state or county political	34663
party shall not disburse moneys from any account other than a	34664
state candidate fund to make contributions to any of the	34665
following:	34666

(a) A state candidate fund;

34667

(b) A legislative campaign fund;

34668

(c) A campaign committee of a candidate for the office of	34669
governor, lieutenant governor, secretary of state, auditor of	34670
state, treasurer of state, attorney general, member of the state	34671
board of education, or member of the general assembly.	34672

(2) No state candidate fund, legislative campaign fund, or	34673
campaign committee of a candidate for any office described in	34674
division (T)(1)(c) of this section shall knowingly accept a	34675
contribution in violation of division (T)(1) of this section.	34676

(U) No person shall fail to file a statement required under	34677
section 3517.12 of the Revised Code.	34678

(V) No campaign committee shall fail to file a statement	34679
required under division (K)(3) of section 3517.10 of the Revised	34680
Code.	34681

(W)(1) No foreign national shall, directly or indirectly	34682
through any other person or entity, make a contribution,	34683
expenditure, or independent expenditure or promise, either	34684
expressly or implicitly, to make a contribution, expenditure, or	34685
independent expenditure in support of or opposition to a candidate	34686
for any elective office in this state, including an office of a	34687
political party.	34688

(2) No candidate, campaign committee, political action	34689
committee, political contributing entity, legislative campaign	34690
fund, state candidate fund, political party, or separate	34691
segregated fund shall solicit or accept a contribution,	34692
expenditure, or independent expenditure from a foreign national.	34693
The secretary of state may direct any candidate, committee,	34694
entity, fund, or party that accepts a contribution, expenditure,	34695
or independent expenditure in violation of this division to return	34696
the contribution, expenditure, or independent expenditure or, if	34697
it is not possible to return the contribution, expenditure, or	34698
independent expenditure, then to return instead the value of it,	34699
to the contributor.	34700

(3) As used in division (W) of this section, "foreign	34701
national" has the same meaning as in section 441e(b) of the	34702
Federal Election Campaign Act.	34703

(X)(1) No state or county political party shall transfer any	34704
moneys from its restricted fund to any account of the political	34705
party into which contributions may be made or from which	34706
contributions or expenditures may be made.	34707

(2)(a) No state or county political party shall deposit a	34708
contribution or contributions that it receives into its restricted	34709
fund.	34710

(b) No state or county political party shall make a	34711
contribution or an expenditure from its restricted fund.	34712

(3)(a) No corporation or labor organization shall make a gift	34713
or gifts from the corporation's or labor organization's money or	34714
property aggregating more than ten thousand dollars to any one	34715
state or county political party for the party's restricted fund in	34716
a calendar year.	34717

(b) No state or county political party shall accept a gift or	34718
gifts for the party's restricted fund aggregating more than ten	34719
thousand dollars from any one corporation or labor organization in	34720
a calendar year.	34721

(4) No state or county political party shall transfer any	34722
moneys in the party's restricted fund to any other state or county	34723
political party.	34724

(5) No state or county political party shall knowingly fail	34725
to file a statement required under section 3517.1012 of the	34726
Revised Code.	34727

(Y)(1)(a) Subject to divisions (L), (M)(2), and (N) of this	34728
section, the administrator of workers' compensation and the	34729
employees of the bureau of workers' compensation shall not conduct	34730
any business with or award any contract for the purchase of goods	34731
costing more than five hundred dollars or services costing more	34732
than five hundred dollars to any individual, partnership or other	34733
unincorporated business, association, including, without	34734
limitation, a professional association organized under Chapter	34735
1785. of the Revised Code, estate, or trust, if any of the	34736
following has made, as an individual, within the ~~two~~ previous	34737
~~calendar years~~twenty-four months, one or more contributions	34738
totaling in excess of one thousand dollars to the campaign	34739
committee of the governor or lieutenant governor or to the	34740
campaign committee of any candidate for the office of governor or	34741
lieutenant governor:	34742

(i) The individual;

34743

(ii) Any partner or owner of the partnership or other	34744
unincorporated business;	34745

(iii) Any shareholder of the association;

34746

(iv) Any administrator of the estate;

34747

(v) Any executor of the estate;

34748

(vi) Any trustee of the trust;

34749

(vii) The spouse of any person identified in divisions	34750
(Y)(1)(a)(i) to (vi) of this section;	34751

(viii) Any child seven years of age through seventeen years	34752
of age of any person identified in divisions (Y)(1)(a)(i) to (vi)	34753
of this section.	34754

(b) Subject to divisions (L), (M)(2), and (N) of this	34755
section, the administrator of workers' compensation and the	34756
employees of the bureau of workers' compensation shall not conduct	34757
any business with or award any contract for the purchase of goods	34758
costing more than five hundred dollars or services costing more	34759
than five hundred dollars to any individual, partnership or other	34760
unincorporated business, association, including, without	34761
limitation, a professional association organized under Chapter	34762
1785. of the Revised Code, estate, or trust if any combination of	34763
the following has made, within the ~~two~~ previous ~~calendar years~~	34764
twenty-four months, one or more contributions totaling in excess	34765
of two thousand dollars to the campaign committee of the governor	34766
or lieutenant governor or to the campaign committee of any	34767
candidate for the office of governor or lieutenant governor:	34768

(i) The individual;

34769

(ii) Any partner or owner of the partnership or other	34770
unincorporated business;	34771

(iii) Any shareholder of the association;

34772

(iv) Any administrator of the estate;

34773

(v) Any executor of the estate;

34774

(vi) Any trustee of the trust;

34775

(vii) The spouse of any person identified in divisions	34776
(Y)(1)(b)(i) to (vi) of this section;	34777

(viii) Any child seven years of age through seventeen years	34778
of age of any person identified in divisions (Y)(1)(b)(i) to (vi)	34779
of this section;	34780

(ix) Any political action committee affiliated with the	34781
partnership or other unincorporated business, association, estate,	34782
or trust.	34783

(2)(a) Subject to divisions (L), (M)(2), and (N) of this	34784
section, if the administrator of workers' compensation or the	34785
employees of the bureau of workers' compensation has awarded a	34786
contract for the purchase of goods costing more than five hundred	34787
dollars or services costing more than five hundred dollars to any	34788
individual, partnership or other unincorporated business,	34789
association, including, without limitation, a professional	34790
association organized under Chapter 1785. of the Revised Code,	34791
estate, or trust, none of the following shall, beginning on the	34792
date the contract is awarded and extending until one year	34793
following the conclusion of that contract, make one or more	34794
contributions totaling in excess of one thousand dollars to the	34795
campaign committee of the governor or lieutenant governor or to	34796
the campaign committee of any candidate for the office of governor	34797
or lieutenant governor:	34798

(i) The individual;

34799

(ii) Any partner or owner of the partnership or other	34800
unincorporated business;	34801

(iii) Any shareholder of the association;

34802

(iv) Any administrator of the estate;

34803

(v) Any executor of the estate;

34804

(vi) Any trustee of the trust;

34805

(vii) The spouse of any person identified in divisions	34806
(Y)(2)(a)(i) to (vi) of this section;	34807

(viii) Any child seven years of age through seventeen years	34808
of age of any person identified in divisions (Y)(2)(a)(i) to (vi)	34809
of this section.	34810

(b) Subject to divisions (L), (M)(2), and (N) of this	34811
section, if the administrator of workers' compensation or the	34812
employees of the bureau of workers' compensation has awarded a	34813
contract for the purchase of goods costing more than five hundred	34814
dollars or services costing more than five hundred dollars to any	34815
individual, partnership or other unincorporated business,	34816
association, including, without limitation, a professional	34817
association organized under Chapter 1785. of the Revised Code,	34818
estate, or trust, no combination of any of the following shall,	34819
beginning on the date the contract is awarded and extending until	34820
one year following the conclusion of that contract, make one or	34821
more contributions totaling in excess of two thousand dollars to	34822
the campaign committee of the governor or lieutenant governor or	34823
to the campaign committee of any candidate for the office of	34824
governor or lieutenant governor:	34825

(i) The individual;

34826

(ii) Any partner or owner of the partnership or other	34827
unincorporated business;	34828

(iii) Any shareholder of the association;

34829

(iv) Any administrator of the estate;

34830

(v) Any executor of the estate;

34831

(vi) Any trustee of the trust;

34832

(vii) The spouse of any person identified in divisions	34833
(Y)(2)(b)(i) to (vi) of this section;	34834

(viii) Any child seven years of age through seventeen years	34835
of age of any person identified in divisions (Y)(2)(b)(i) to (vi)	34836
of this section;	34837

(ix) Any political action committee affiliated with the	34838
partnership or other unincorporated business, association, estate,	34839
or trust.	34840

(3) Subject to divisions (L), (M)(2), and (N) of this	34841
section, the administrator of workers' compensation and the	34842
employees of the bureau of workers' compensation shall not enter	34843
into any contract for the purchase of goods costing more than five	34844
hundred dollars or services costing more than five hundred dollars	34845
with an individual, partnership or other unincorporated business,	34846
association, including, without limitation, a professional	34847
association organized under Chapter 1785. of the Revised Code,	34848
estate, or trust unless the bureau has received for that calendar	34849
year, or the contract includes, a certification by the	34850
individual, partnership or other unincorporated business,	34851
association, estate, or trust that all of the following persons,	34852
if applicable, are in compliance with division (Y)(1) of this	34853
section:	34854

(a) The individual;

34855

(b) Each partner or owner of the partnership or other	34856
unincorporated business;	34857

34858

(d) Each administrator of the estate;

34859

(e) Each executor of the estate;

34860

(f) Each trustee of the trust;

34861

(g) Each spouse of any person identified in divisions	34862
(Y)(3)(a) to (f) of this section;	34863

(h) Each child seven years of age to seventeen years of age	34864
of any person identified in divisions (Y)(3)(a) to (f) of this	34865
section;	34866

(i) Any combination of persons identified in divisions	34867
(Y)(3)(a) to (h) of this section.	34868

(4)(a) Subject to divisions (L), (M)(2), and (N) of this	34869
section, the administrator of workers' compensation and the	34870
employees of the bureau of workers' compensation shall not conduct	34871
any business with or award any contract for the purchase of goods	34872
costing more than five hundred dollars or services costing more	34873
than five hundred dollars to any partnership or other	34874
unincorporated business, association, including, without	34875
limitation, a professional association organized under Chapter	34876
1785. of the Revised Code, estate, or trust if a political action	34877
committee that is affiliated with the partnership or other	34878
unincorporated business, association, estate, or trust has made,	34879
within the ~~two~~ previous ~~calendar years~~twenty-four months, one or	34880
more contributions totaling in excess of two thousand dollars to	34881
the campaign committee of the governor or lieutenant governor or	34882
to the campaign committee of any candidate for the office of	34883
governor or lieutenant governor.	34884

(b) Subject to divisions (L), (M)(2), and (N) of this	34885
section, if the administrator of workers' compensation or the	34886
employees of the bureau of workers' compensation has awarded any	34887
contract for the purchase of goods costing more than five hundred	34888
dollars or services costing more than five hundred dollars to any	34889
partnership or other unincorporated business, association,	34890
including, without limitation, a professional association	34891
organized under Chapter 1785. of the Revised Code, estate, or	34892
trust, no political action committee that is affiliated with the	34893
partnership or other unincorporated business, association, estate,	34894
or trust shall, beginning on the date the contract is awarded and	34895
extending until one year following the conclusion of that	34896
contract, make one or more contributions totaling in excess of two	34897
thousand dollars to the campaign committee of the governor or	34898
lieutenant governor or to the campaign committee of any candidate	34899
for the office of governor or lieutenant governor.	34900

(Z)(1)(a) Subject to divisions (L), (M)(2), and (N) of this	34901
section, the administrator of workers' compensation and the	34902
employees of the bureau of workers' compensation shall not conduct	34903
business with or award any contract for the purchase of goods	34904
costing more than five hundred dollars or services costing more	34905
than five hundred dollars to a corporation or business trust,	34906
except a professional association organized under Chapter 1785. of	34907
the Revised Code, if any of the following has made, as an	34908
individual, within the ~~two~~ previous ~~calendar years~~twenty-four	34909
months, taking into consideration only owners for all of such	34910
period, one or more contributions totaling in excess of one	34911
thousand dollars to the campaign committee of the governor or	34912
lieutenant governor or to the campaign committee of any candidate	34913
for the office of governor or lieutenant governor:	34914

(i) An owner of more than twenty per cent of the corporation	34915
or business trust;	34916

(ii) A spouse of an owner of more than twenty per cent of the	34917
corporation or business trust;	34918

(iii) A child seven years of age through seventeen years of	34919
age of an owner of more than twenty per cent of the corporation or	34920
business trust.	34921

(b) Subject to divisions (L), (M)(2), and (N) of this	34922
section, the administrator of workers' compensation and the	34923
employees of the bureau of workers' compensation shall not conduct	34924
any business with or award any contract for the purchase of goods	34925
costing more than five hundred dollars or services costing more	34926
than five hundred dollars to a corporation or business trust,	34927
except a professional association organized under Chapter 1785. of	34928
the Revised Code, if any combination of the following has made,	34929
within the ~~two~~ previous ~~calendar years~~twenty-four months, taking	34930
into consideration only owners for all of that period, one or	34931
more contributions totaling in excess of two thousand dollars to	34932
the campaign committee of the governor or lieutenant governor or	34933
to the campaign committee of any candidate for the office of	34934
governor or lieutenant governor:	34935

(i) Owners of more than twenty per cent of the corporation or	34936
business trust;	34937

(ii) Spouses of owners of more than twenty per cent of the	34938
corporation or business trust;	34939

(iii) Children seven years of age through seventeen years of	34940
age of owners of more than twenty per cent of the corporation or	34941
business trust;	34942

(iv) Any political action committee affiliated with the	34943
corporation or business trust.	34944

(2)(a) Subject to divisions (L), (M)(2), and (N) of this	34945
section, if the administrator of workers' compensation or the	34946
employees of the bureau of workers' compensation has awarded a	34947
contract for the purchase of goods costing more than five hundred	34948
dollars or services costing more than five hundred dollars to a	34949
corporation or business trust, except a professional association	34950
organized under Chapter 1785. of the Revised Code, none of the	34951
following shall, beginning on the date the contract is awarded and	34952
extending until one year following the conclusion of that	34953
contract, make one or more contributions totaling in excess of one	34954
thousand dollars to the campaign committee of the governor or	34955
lieutenant governor or to the campaign committee of any candidate	34956
for the office of governor or lieutenant governor:	34957

(i) An owner of more than twenty per cent of the corporation	34958
or business trust;	34959

(ii) A spouse of an owner of more than twenty per cent of the	34960
corporation or business trust;	34961

(iii) A child seven years of age through seventeen years of	34962
age of an owner of more than twenty per cent of the corporation or	34963
business trust.	34964

(b) Subject to divisions (L), (M)(2), and (N) of this	34965
section, if the administrator of workers' compensation or the	34966
employees of the bureau of workers' compensation has awarded a	34967
contract for the purchase of goods costing more than five hundred	34968
dollars or services costing more than five hundred dollars to a	34969
corporation or business trust, except a professional association	34970
organized under Chapter 1785. of the Revised Code, no combination	34971
of any of the following shall, beginning on the date the contract	34972
is awarded and extending until one year following the conclusion	34973
of that contract, make one or more contributions totaling in	34974
excess of two thousand dollars to the campaign committee of the	34975
governor or lieutenant governor or to the campaign committee of	34976
any candidate for the office of governor or lieutenant governor:	34977

(i) Owners of more than twenty per cent of the corporation or	34978
business trust;	34979

(ii) Spouses of owners of more than twenty per cent of the	34980
corporation or business trust;	34981

(iii) Children seven years of age through seventeen years of	34982
age of owners of more than twenty per cent of the corporation or	34983
business trust;	34984

(iv) Any political action committee affiliated with the	34985
corporation or business trust.	34986

(3) Subject to divisions (L), (M)(2), and (N) of this	34987
section, the administrator of workers' compensation and the	34988
employees of the bureau of workers' compensation shall not enter	34989
into any contract for the purchase of goods costing more than five	34990
hundred dollars or services costing more than five hundred dollars	34991
with a corporation or business trust, except a professional	34992
association organized under Chapter 1785. of the Revised Code,	34993
unless the bureau has received for that calendar year, or the	34994
contract includes, a certification by the corporation or business	34995
trust that all of the following persons, if applicable, are in	34996
compliance with division (Z)(1) of this section:	34997

(a) Each owner of more than twenty per cent of the	34998
corporation or business trust;	34999

(b) Each spouse of an owner of more than twenty per cent of	35000
the corporation or business trust;	35001

(c) Each child seven years of age to seventeen years of age	35002
of an owner of more than twenty per cent of the corporation or	35003
business trust;	35004

(d) Any combination of persons identified in divisions	35005
(Z)(3)(a) to (c) of this section.	35006

(4)(a) Subject to divisions (L), (M)(2), and (N) of this	35007
section, the administrator of workers' compensation and the	35008
employees of the bureau of workers' compensation shall not conduct	35009
business with or award any contract for the purchase of goods	35010
costing more than five hundred dollars or services costing more	35011
than five hundred dollars to any corporation or business trust,	35012
except a professional association organized under Chapter 1785. of	35013
the Revised Code, if a political action committee that is	35014
affiliated with the corporation or business trust has made, within	35015
the ~~two~~ previous ~~calendar years~~twenty-four months, one or more	35016
contributions totaling in excess of two thousand dollars to the	35017
campaign committee of the governor or lieutenant governor or to	35018
the campaign committee of any candidate for the office of	35019
governor or lieutenant governor.	35020

(b) Subject to divisions (L), (M)(2), and (N) of this	35021
section, if the administrator of workers' compensation or the	35022
employees of the bureau of workers' compensation has awarded any	35023
contract for the purchase of goods costing more than five hundred	35024
dollars or services costing more than five hundred dollars to any	35025
corporation or business trust, except a professional association	35026
organized under Chapter 1785. of the Revised Code, no political	35027
action committee that is affiliated with the corporation or	35028
business trust shall, beginning on the date the contract is	35029
awarded and extending until one year following the conclusion of	35030
that contract, make one or more contributions totaling in excess	35031
of two thousand dollars to the campaign committee of the governor	35032
or lieutenant governor or to the campaign committee of any	35033
candidate for the office of governor or lieutenant governor.	35034

(AA) No individual, partnership or other incorporated	35035
business, association, estate, trust, corporation, or business	35036
trust shall knowingly make a false statement on a certification	35037
required under division (I)(3), (J)(3), (Y)(3), or (Z)(3) of this	35038
section.	35039

Sec. 3517.992. This section establishes penalties only with	35040
respect to acts or failures to act that occur on and after August	35041
24, 1995.	35042

(A)(1) A candidate whose campaign committee violates division	35043
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	35044
or a treasurer of a campaign committee who violates any of those	35045
divisions, shall be fined not more than one hundred dollars for	35046
each day of violation.	35047

(2) Whoever violates division (E) or (X)(5) of section	35048
3517.13 of the Revised Code shall be fined not more than one	35049
hundred dollars for each day of violation.	35050

(B) A political party that violates division (F)(1) of	35051
section 3517.101 of the Revised Code shall be fined not more than	35052
one hundred dollars for each day of violation.	35053

(C) Whoever violates division (F)(2) of section 3517.101 or	35054
division (G) of section 3517.13 of the Revised Code shall be fined	35055
not more than ten thousand dollars or, if the offender is a person	35056
who was nominated or elected to public office, shall forfeit the	35057
nomination or the office to which the offender was elected, or	35058
both.	35059

(D) Whoever violates division (F) of section 3517.13 of the	35060
Revised Code shall be fined not more than three times the amount	35061
contributed.	35062

(E) Whoever violates division (H) of section 3517.13 of the	35063
Revised Code shall be fined not more than one hundred dollars.	35064

(F) Whoever violates division (O), (P), or (Q) of section	35065
3517.13 of the Revised Code is guilty of a misdemeanor of the	35066
first degree.	35067

(G) A state or county committee of a political party that	35068
violates division (B)(1) of section 3517.18 of the Revised Code	35069
shall be fined not more than twice the amount of the improper	35070
expenditure.	35071

(H) A state or county political party that violates division	35072
(G) of section 3517.101 of the Revised Code shall be fined not	35073
more than twice the amount of the improper expenditure or use.	35074

(I)(1) Any individual who violates division (B)(1) of section	35075
3517.102 of the Revised Code and knows that the contribution the	35076
individual makes violates that division shall be fined an amount	35077
equal to three times the amount contributed in excess of the	35078
amount permitted by that division.	35079

(2) Any political action committee that violates division	35080
(B)(2) of section 3517.102 of the Revised Code shall be fined an	35081
amount equal to three times the amount contributed in excess of	35082
the amount permitted by that division.	35083

(3) Any campaign committee that violates division (B)(3) or	35084
(5) of section 3517.102 of the Revised Code shall be fined an	35085
amount equal to three times the amount contributed in excess of	35086
the amount permitted by that division.	35087

(4)(a) Any legislative campaign fund that violates division	35088
(B)(6) of section 3517.102 of the Revised Code shall be fined an	35089
amount equal to three times the amount transferred or contributed	35090
in excess of the amount permitted by that division, as applicable.	35091

(b) Any state political party, county political party, or	35092
state candidate fund of a state political party or county	35093
political party that violates division (B)(6) of section 3517.102	35094
of the Revised Code shall be fined an amount equal to three times	35095
the amount transferred or contributed in excess of the amount	35096
permitted by that division, as applicable.	35097

(c) Any political contributing entity that violates division	35098
(B)(7) of section 3517.102 of the Revised Code shall be fined an	35099
amount equal to three times the amount contributed in excess of	35100
the amount permitted by that division.	35101

(5) Any political party that violates division (B)(4) of	35102
section 3517.102 of the Revised Code shall be fined an amount	35103
equal to three times the amount contributed in excess of the	35104
amount permitted by that division.	35105

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	35106
of this section, no violation of division (B) of section 3517.102	35107
of the Revised Code occurs, and the secretary of state shall not	35108
refer parties to the Ohio elections commission, if the amount	35109
transferred or contributed in excess of the amount permitted by	35110
that division meets either of the following conditions:	35111

(a) It is completely refunded within five business days after	35112
it is accepted.	35113

(b) It is completely refunded on or before the tenth business	35114
day after notification to the recipient of the excess transfer or	35115
contribution by the board of elections or the secretary of state	35116
that a transfer or contribution in excess of the permitted amount	35117
has been received.	35118

(J)(1) Any campaign committee that violates division (C)(1),	35119
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	35120
fined an amount equal to three times the amount accepted in excess	35121
of the amount permitted by that division.	35122

(2)(a) Any county political party that violates division	35123
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	35124
shall be fined an amount equal to three times the amount accepted.	35125

(b) Any county political party that violates division	35126
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	35127
fined an amount from its state candidate fund equal to three times	35128
the amount accepted in excess of the amount permitted by that	35129
division.	35130

(c) Any state political party that violates division	35131
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	35132
an amount from its state candidate fund equal to three times the	35133
amount accepted in excess of the amount permitted by that	35134
division.	35135

(3) Any legislative campaign fund that violates division	35136
(C)(5) of section 3517.102 of the Revised Code shall be fined an	35137
amount equal to three times the amount accepted in excess of the	35138
amount permitted by that division.	35139

(4) Any political action committee or political contributing	35140
entity that violates division (C)(7) of section 3517.102 of the	35141
Revised Code shall be fined an amount equal to three times the	35142
amount accepted in excess of the amount permitted by that	35143
division.	35144

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	35145
this section, no violation of division (C) of section 3517.102 of	35146
the Revised Code occurs, and the secretary of state shall not	35147
refer parties to the Ohio elections commission, if the amount	35148
transferred or contributed in excess of the amount permitted to be	35149
accepted by that division meets either of the following	35150
conditions:	35151

(a) It is completely refunded within five business days after	35152
its acceptance.	35153

(b) It is completely refunded on or before the tenth business	35154
day after notification to the recipient of the excess transfer or	35155
contribution by the board of elections or the secretary of state	35156
that a transfer or contribution in excess of the permitted amount	35157
has been received.	35158

(K)(1) Any legislative campaign fund that violates division	35159
(F)(1) of section 3517.102 of the Revised Code shall be fined	35160
twenty-five dollars for each day of violation.	35161

(2) Any legislative campaign fund that violates division	35162
(F)(2) of section 3517.102 of the Revised Code shall give to the	35163
treasurer of state for deposit into the state treasury to the	35164
credit of the Ohio elections commission fund all excess	35165
contributions not disposed of as required by division (E) of	35166
section 3517.102 of the Revised Code.	35167

(L) Whoever violates section 3517.105 of the Revised Code	35168
shall be fined one thousand dollars.	35169

(M)(1) Whoever solicits a contribution in violation of	35170
section 3517.092 or violates division (B) of section 3517.09 of	35171
the Revised Code is guilty of a misdemeanor of the first degree.	35172

(2) Whoever knowingly accepts a contribution in violation of	35173
division (B) or (C) of section 3517.092 of the Revised Code shall	35174
be fined an amount equal to three times the amount accepted in	35175
violation of either of those divisions and shall return to the	35176
contributor any amount so accepted. Whoever unknowingly accepts a	35177
contribution in violation of division (B) or (C) of section	35178
3517.092 of the Revised Code shall return to the contributor any	35179
amount so accepted.	35180

(N) Whoever violates division (S) of section 3517.13 of the	35181
Revised Code shall be fined an amount equal to three times the	35182
amount of funds transferred or three times the value of the assets	35183
transferred in violation of that division.	35184

(O) Any campaign committee that accepts a contribution or	35185
contributions in violation of section 3517.108 of the Revised	35186
Code, uses a contribution in violation of that section, or fails	35187
to dispose of excess contributions in violation of that section	35188
shall be fined an amount equal to three times the amount accepted,	35189
used, or kept in violation of that section.	35190

(P) Any political party, state candidate fund, legislative	35191
candidate fund, or campaign committee that violates division (T)	35192
of section 3517.13 of the Revised Code shall be fined an amount	35193
equal to three times the amount contributed or accepted in	35194
violation of that section.	35195

(Q) A treasurer of a committee or another person who violates	35196
division (U) of section 3517.13 of the Revised Code shall be fined	35197
not more than two hundred fifty dollars.	35198

(R)(1) Whoever violates division (I)(1), (I)(4)(a), (J)(1),	35199
(J)(4)(a), (Y)(1), (Y)(4)(a), (Z)(1), or (Z)(4)(a) of section	35200
3517.13 of the Revised Code shall be fined not more than one	35201
thousand dollars. Whenever a person is found guilty of violating	35202
any of those divisions, the contract awarded in violation of the	35203
applicable division shall be rescinded if its terms have not yet	35204
been performed.	35205

(2) Whoever violates division (I)(2), (I)(4)(b), (J)(2),	35206
(J)(4)(b), (Y)(2), (Y)(4)(b), (Z)(2), or (Z)(4)(b) of section	35207
3517.13 of the Revised Code shall be fined an amount equal to	35208
three times the amount contributed in excess of the amount	35209
permitted by the applicable division. Whenever a person is found	35210
guilty of violating any of those divisions, any contract that	35211
makes the person subject to the applicable division may be	35212
rescinded at the discretion of the elections commission.	35213

(3) Whoever violates division (AA) of section 3517.13 of the	35214
Revised Code is guilty of a felony of the fifth degree, and ~~the~~	35215
any contract that includes, or is dependent upon, the	35216
certification made in violation of that division shall be	35217
rescinded.	35218

(4) Notwithstanding divisions (R)(1), (2), and (3) of this	35219
section, no fine shall be imposed and no contract shall be	35220
rescinded if the amount contributed in excess of the amount	35221
permitted under division (I), (J), (Y), or (Z) of section 3517.13	35222
of the Revised Code, as applicable, meets both of the following	35223
conditions:	35224

(a) It is contributed after the award of the contract for the	35225
purchase of goods or services;	35226

(b) Either of the following applies:

35227

(i) It is completely refunded within five business days after	35228
it is accepted;	35229

(ii) It is completely refunded on or before the tenth	35230
business day after knowledge by the recipient of the excess	35231
contribution or notification to the recipient of the excess	35232
contribution by the board of elections or the secretary of state	35233
that a contribution in excess of the permitted amount has been	35234
received, whichever is earlier.	35235

(S) A candidate whose campaign committee violates or a	35236
treasurer of a campaign committee who violates section 3517.081 of	35237
the Revised Code, and a candidate whose campaign committee	35238
violates or a treasurer of a campaign committee or another person	35239
who violates division (C) of section 3517.10 of the Revised Code,	35240
shall be fined not more than five hundred dollars.	35241

(T) A candidate whose campaign committee violates or a	35242
treasurer of a committee who violates division (B) of section	35243
3517.09 of the Revised Code, or a candidate whose campaign	35244
committee violates or a treasurer of a campaign committee or	35245
another person who violates division (C) of section 3517.09 of the	35246
Revised Code shall be fined not more than one thousand dollars.	35247

(U) Whoever violates section 3517.20 of the Revised Code	35248
shall be fined not more than five hundred dollars.	35249

(V) Whoever violates section 3517.21 or 3517.22 of the	35250
Revised Code shall be imprisoned for not more than six months or	35251
fined not more than five thousand dollars, or both.	35252

(W) A campaign committee that is required to file a	35253
declaration of no limits under division (D)(2) of section 3517.103	35254
of the Revised Code that, before filing that declaration, accepts	35255
a contribution or contributions that exceed the limitations	35256
prescribed in section 3517.102 of the Revised Code, shall return	35257
that contribution or those contributions to the contributor.	35258

(X) Any campaign committee that fails to file the declaration	35259
of filing-day finances required by division (F) of section	35260
3517.109 or the declaration of primary-day finances or declaration	35261
of year-end finances required by division (E) of section 3517.1010	35262
of the Revised Code shall be fined twenty-five dollars for each	35263
day of violation.	35264

(Y) Any campaign committee that fails to dispose of excess	35265
funds or excess aggregate contributions under division (B) of	35266
section 3517.109 of the Revised Code in the manner required by	35267
division (C) of that section or under division (B) of section	35268
3517.1010 of the Revised Code in the manner required by division	35269
(C) of that section shall give to the treasurer of state for	35270
deposit into the Ohio elections commission fund created under	35271
division (I) of section 3517.152 of the Revised Code all funds not	35272
disposed of pursuant to those divisions.	35273

(Z) Any individual, campaign committee, political action	35274
committee, political contributing entity, legislative campaign	35275
fund, political party, or other entity that violates any provision	35276
of sections 3517.09 to 3517.12 of the Revised Code for which no	35277
penalty is provided for under any other division of this section	35278
shall be fined not more than one thousand dollars.	35279

(AA)(1) Whoever knowingly violates division (W)(1) of section	35280
3517.13 of the Revised Code shall be fined an amount equal to	35281
three times the amount contributed, expended, or promised in	35282
violation of that division or ten thousand dollars, whichever	35283
amount is greater.	35284

(2) Whoever knowingly violates division (W)(2) of section	35285
3517.13 of the Revised Code shall be fined an amount equal to	35286
three times the amount solicited or accepted in violation of that	35287
division or ten thousand dollars, whichever amount is greater.	35288

(BB) Whoever knowingly violates division (C) or (D) of	35289
section 3517.1011 of the Revised Code shall be fined not more than	35290
ten thousand dollars plus not more than one thousand dollars for	35291
each day of violation.	35292

(CC)(1) Subject to division (CC)(2) of this section, whoever	35293
violates division (H) of section 3517.1011 of the Revised Code	35294
shall be fined an amount up to three times the amount disbursed	35295
for the direct costs of airing the communication made in violation	35296
of that division.	35297

(2) Whoever has been ordered by the Ohio elections commission	35298
or by a court of competent jurisdiction to cease making	35299
communications in violation of division (H) of section 3517.1011	35300
of the Revised Code who again violates that division shall be	35301
fined an amount equal to three times the amount disbursed for the	35302
direct costs of airing the communication made in violation of that	35303
division.	35304

(DD)(1) Any corporation or labor organization that violates	35305
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	35306
fined an amount equal to three times the amount given in excess of	35307
the amount permitted by that division.	35308

(2) Any state or county political party that violates	35309
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	35310
fined an amount equal to three times the amount accepted in excess	35311
of the amount permitted by that division.	35312

(EE)(1) Whoever solicits or directs a contribution in	35313
violation of division (B) of section 3517.093 of the Revised Code	35314
is guilty of a misdemeanor of the first degree.	35315

(2) Whoever accepts a contribution in violation of division	35316
(C) of section 3517.093 of the Revised Code shall return to the	35317
contributor any amount so accepted.	35318

Sec. 3599.17. (A) No elections official serving as a	35319
registrar,or judge~~, or clerk~~ of elections shall do any of the	35320
following:	35321

(1) Fail to appear before the board of elections, or its	35322
representative, after notice has been served personally upon the	35323
official or left at the official's usual place of residence, for	35324
examination as to the official's qualifications;	35325

(2) Fail to appear at the polling place to which the official	35326
is assigned at the hour and during the hours set for the	35327
registration or election;	35328

(3) Fail to take the oath prescribed by section 3501.31 of	35329
the Revised Code, unless excused by such board;	35330

(4) Refuse or sanction the refusal of another registrar or	35331
judge of elections to administer an oath required by law;	35332

(5) Fail to send notice to the board of the appointment of a	35333
judge ~~or clerk~~ to fill a vacancy;	35334

(6) Act as registrar,or judge~~, or clerk~~ without having been	35335
appointed and having received a certificate of appointment, except	35336
a judge ~~or clerk~~ appointed to fill a vacancy caused by absence or	35337
removal;	35338

(7) Fail in any other way to perform any duty imposed by law.

35339

(B) Whoever violates division (A) of this section is guilty	35340
of a misdemeanor of the first degree.	35341

Sec. 3599.19. (A) No judge ~~or clerk~~ of elections shall	35342
knowingly do any of the following:	35343

(1) Unlawfully open or permit to be opened the sealed package	35344
containing registration lists, ballots, blanks, pollbooks, and	35345
other papers and material to be used in an election;	35346

(2) Unlawfully misplace, carry away, negligently lose or	35347
permit to be taken from the judge ~~or clerk~~, fail to deliver, or	35348
destroy any such packages, papers, or material;	35349

(3) Receive or sanction the reception of a ballot from a	35350
person not a qualified elector or from a person who refused to	35351
answer a question in accordance with the election law;	35352

(4) Refuse to receive or sanction the rejection of a ballot	35353
from a person, knowing that person to be a qualified elector;	35354

(5) Permit a fraudulent ballot to be placed in the ballot	35355
box;	35356

(6) Place or permit to be placed in any ballot box any ballot	35357
known by the judge ~~or clerk~~ to be improperly or falsely marked;	35358

(7) Count or permit to be counted any illegal or fraudulent	35359
ballot;	35360

(8) Mislead an elector who is physically unable to prepare	35361
the elector's ballot, mark a ballot for such elector otherwise	35362
than as directed by that elector, or disclose to any person,	35363
except when legally required to do so, how such elector voted;	35364

(9) Alter or mark or permit any alteration or marking on any	35365
ballot when counting the ballots;	35366

(10) Unlawfully count or tally or sanction the wrongful	35367
counting or tallying of votes;	35368

(11) After the counting of votes commences, as required by	35369
law, postpone or sanction the postponement of the counting of	35370
votes, adjourn at any time or to any place, or remove the ballot	35371
box from the place of voting, or from the custody or presence of	35372
all the judges ~~and clerks~~ of such elections;	35373

(12) Permit any ballot to remain or to be in the ballot box	35374
at the opening of the polls, or to be put in the box during the	35375
counting of the ballots, or to be left in the box without being	35376
counted;	35377

(13) Admit or sanction the admission to the polling room at	35378
an election during the receiving, counting, and certifying of	35379
votes of any person not qualified by law to be so admitted;	35380

(14) Refuse to admit or sanction the refusal to admit any	35381
person, upon lawful request for admission, who is legally	35382
qualified to be present;	35383

(15) Permit or sanction the counting of the ballots contrary	35384
to the manner prescribed by law;	35385

(16) Neglect or unlawfully execute any duty enjoined upon the	35386
judge ~~or clerk~~ by law.	35387

(B) Whoever violates division (A) of this section is guilty	35388
of a misdemeanor of the first degree.	35389

Sec. 3599.37. (A) No person having been subpoenaed or	35390
ordered to appear before a grand jury, court, board, or officer in	35391
a proceeding or prosecution upon a complaint, information,	35392
affidavit, or indictment for an offense under an election law	35393
shall do either of the following:	35394

(1) Fail to appear or, having appeared, refuse to answer a	35395
question pertinent to the matter under inquiry or investigation;	35396

(2) Refuse to produce, upon reasonable notice, any material,	35397
books, papers, documents, or records in that person's possession	35398
or under that person's control.	35399

(B) Whoever violates division (A) of this section, unless the	35400
violator ~~claims~~personally appears before the grand jury, court,	35401
board, or officer and asserts the protection of the violator's	35402
constitutional rights, is guilty of a misdemeanor of the first	35403
degree.	35404

Sec. 3701.047. (A) As used in this section:

35405

(1) "Federally qualified health center" means a health center	35406
that receives a federal public health services grant under the	35407
"Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as	35408
amended, or another health center designated by the U.S. Health	35409
Resources and Services Administration as a federally qualified	35410
health center.	35411

(2) "Federally qualified health center look-alike" means a	35412
public or not-for-profit health center that meets the eligibility	35413
requirements to receive a federal public health services grant	35414
under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C.	35415
254b, as amended, but does not receive grant funding.	35416

(B) The department of health may enter into an agreement with	35417
the state's primary care association to promote the establishment	35418
of new federally qualified health centers and federally qualified	35419
health center look-alikes.	35420

The department and the association may assist local	35421
communities and community health centers by providing grants and	35422
grant writing assistance to establish health centers as defined in	35423
42 U.S.C. 254b, regardless of whether the health centers apply for	35424
a grant under that section.	35425

Sec. 3701.135. (A) The autism diagnosis education pilot	35426
program is hereby established in the department of health. The	35427
program shall have the following goals:	35428

(1) To educate health care professionals, teachers and other	35429
educational personnel, child care providers, parents, early	35430
intervention and developmental disabilities providers, and other	35431
community-based services providers in this state regarding the	35432
diagnosis of autism spectrum disorders, including the range of	35433
symptoms that may indicate autism spectrum disorders and screening	35434
tools;	35435

(2) To promote appropriate standards for the diagnosis of	35436
autism spectrum disorders in children, including screening tools	35437
and treatment planning for children diagnosed with autism spectrum	35438
disorders;	35439

(3) To encourage physicians and other health care	35440
professionals with expertise in screening, diagnosing, and	35441
treating autism spectrum disorders to share that information with	35442
other health care professionals in this state;	35443

(4) To encourage the regional coordination of services to	35444
facilitate the effective, timely treatment of children diagnosed	35445
with autism spectrum disorders.	35446

(B) The director of health shall contract with a statewide	35447
association representing pediatric physicians to conduct or	35448
administer the autism diagnosis education pilot program.	35449

Sec. 3701.74. (A) As used in this section and section	35450
3701.741 of the Revised Code:	35451

(1) "Ambulatory care facility" means a facility that provides	35452
medical, diagnostic, or surgical treatment to patients who do not	35453
require hospitalization, including a dialysis center, ambulatory	35454
surgical facility, cardiac catheterization facility, diagnostic	35455
imaging center, extracorporeal shock wave lithotripsy center, home	35456
health agency, inpatient hospice, birthing center, radiation	35457
therapy center, emergency facility, and an urgent care center.	35458
"Ambulatory care facility" does not include the private office of	35459
a physician or dentist, whether the office is for an individual or	35460
group practice.	35461

(2) "Chiropractor" means an individual licensed under Chapter	35462
4734. of the Revised Code to practice chiropractic.	35463

(3) "Emergency facility" means a hospital emergency	35464
department or any other facility that provides emergency medical	35465
services.	35466

(4) "Health care practitioner" means all of the following:

35467

(a) A dentist or dental hygienist licensed under Chapter	35468
4715. of the Revised Code;	35469

(b) A registered or licensed practical nurse licensed under	35470
Chapter 4723. of the Revised Code;	35471

(c) An optometrist licensed under Chapter 4725. of the	35472
Revised Code;	35473

(d) A dispensing optician, spectacle dispensing optician,	35474
contact lens dispensing optician, or spectacle-contact lens	35475
dispensing optician licensed under Chapter 4725. of the Revised	35476
Code;	35477

(e) A pharmacist licensed under Chapter 4729. of the Revised	35478
Code;	35479

(f) A physician;

35480

(g) A physician assistant authorized under Chapter 4730. of	35481
the Revised Code to practice as a physician assistant;	35482

(h) A practitioner of a limited branch of medicine issued a	35483
certificate under Chapter 4731. of the Revised Code;	35484

(i) A psychologist licensed under Chapter 4732. of the	35485
Revised Code;	35486

(j) A chiropractor;

35487

(k) A hearing aid dealer or fitter licensed under Chapter	35488
4747. of the Revised Code;	35489

(l) A speech-language pathologist or audiologist licensed	35490
under Chapter 4753. of the Revised Code;	35491

(m) An occupational therapist or occupational therapy	35492
assistant licensed under Chapter 4755. of the Revised Code;	35493

(n) A physical therapist or physical therapy assistant	35494
licensed under Chapter 4755. of the Revised Code;	35495

(o) A professional clinical counselor, professional	35496
counselor, social worker, or independent social worker licensed,	35497
or a social work assistant registered, under Chapter 4757. of the	35498
Revised Code;	35499

(p) A dietitian licensed under Chapter 4759. of the Revised	35500
Code;	35501

(q) A respiratory care professional licensed under Chapter	35502
4761. of the Revised Code;	35503

(r) An emergency medical technician-basic, emergency medical	35504
technician-intermediate, or emergency medical technician-paramedic	35505
certified under Chapter 4765. of the Revised Code.	35506

(5) "Health care provider" means a hospital, ambulatory care	35507
facility, long-term care facility, pharmacy, emergency facility,	35508
or health care practitioner.	35509

(6) "Hospital" has the same meaning as in section 3727.01 of	35510
the Revised Code.	35511

(7) "Long-term care facility" means a nursing home,	35512
residential care facility, or home for the aging, as those terms	35513
are defined in section 3721.01 of the Revised Code; an adult care	35514
facility, as defined in section 3722.01 of the Revised Code; a	35515
nursing facility or intermediate care facility for the mentally	35516
retarded, as those terms are defined in section 5111.20 of the	35517
Revised Code; a facility or portion of a facility certified as a	35518
skilled nursing facility under Title XVIII of the "Social Security	35519
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	35520

(8) "Medical record" means data in any form that pertains to	35521
a patient's medical history, diagnosis, prognosis, or medical	35522
condition and that is generated and maintained by a health care	35523
provider in the process of the patient's health care treatment.	35524

(9) "Medical records company" means a person who stores,	35525
locates, or copies medical records for a health care provider, or	35526
is compensated for doing so by a health care provider, and charges	35527
a fee for providing medical records to a patient or patient's	35528
representative.	35529

(10) "Patient" means either of the following:

35530

(a) An individual who received health care treatment from a	35531
health care provider;	35532

(b) A guardian, as defined in section 1337.11 of the Revised	35533
Code, of an individual described in division (A)(10)(a) of this	35534
section.	35535

(11) "Patient's personal representative" means a minor	35536
patient's parent or other person acting in loco parentis, a	35537
court-appointed guardian, or a person with durable power of	35538
attorney for health care for a patient, the executor or	35539
administrator of the patient's estate, or the person responsible	35540
for the patient's estate if it is not to be probated. "Patient's	35541
personal representative" does not include an insurer authorized	35542
under Title XXXIX of the Revised Code to do the business of	35543
sickness and accident insurance in this state, a health insuring	35544
corporation holding a certificate of authority under Chapter 1751.	35545
of the Revised Code, or any other person not named in this	35546
division.	35547

(12) "Pharmacy" has the same meaning as in section 4729.01 of	35548
the Revised Code.	35549

(13) "Physician" means a person authorized under Chapter	35550
4731. of the Revised Code to practice medicine and surgery,	35551
osteopathic medicine and surgery, or podiatric medicine and	35552
surgery.	35553

(14) "Authorized person" means a person to whom a patient has	35554
given written authorization to act on the patient's behalf	35555
regarding the patient's medical record.	35556

(B) A patient, a patient's personal representative or an	35557
authorized person who wishes to examine or obtain a copy of part	35558
or all of a medical record shall submit to the health care	35559
provider a written request signed by the patient, personal	35560
representative, or authorized person dated not more than ~~sixty~~	35561
~~days~~one year before the date on which it is submitted. The	35562
request shall indicate whether the copy is to be sent to the	35563
requestor, physician or chiropractor, , or held for the requestor	35564
at the office of the health care provider. Within a reasonable	35565
time after receiving a request that meets the requirements of this	35566
division and includes sufficient information to identify the	35567
record requested, a health care provider that has the patient's	35568
medical records shall permit the patient to examine the record	35569
during regular business hours without charge or, on request, shall	35570
provide a copy of the record in accordance with section 3701.741	35571
of the Revised Code, except that if a physician or chiropractor	35572
who has treated the patient determines for clearly stated	35573
treatment reasons that disclosure of the requested record is	35574
likely to have an adverse effect on the patient, the health care	35575
provider shall provide the record to a physician or chiropractor	35576
designated by the patient. The health care provider shall take	35577
reasonable steps to establish the identity of the person making	35578
the request to examine or obtain a copy of the patient's record.	35579

(C) If a health care provider fails to furnish a medical	35580
record as required by division (B) of this section, the patient,	35581
personal representative, or authorized person who requested the	35582
record may bring a civil action to enforce the patient's right of	35583
access to the record.	35584

(D)(1) This section does not apply to medical records whose	35585
release is covered by section 173.20 or 3721.13 of the Revised	35586
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	35587
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	35588
Records," or by 42 C.F.R. 483.10.	35589

(2) Nothing in this section is intended to supersede the	35590
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	35591
and 2305.252 of the Revised Code.	35592

Sec. 3701.741. (A) Through December 31, 2008, each health	35593
care provider and medical records company shall provide copies of	35594
medical records in accordance with this section.	35595

(B) Except as provided in divisions (C) and (E) of this	35596
section, a health care provider or medical records company that	35597
receives a request for a copy of a patient's medical record shall	35598
charge not more than the amounts set forth in this section.	35599

(1) If the request is made by the patient or the patient's	35600
personal representative, total costs for copies and all services	35601
related to those copies shall not exceed the sum of the following:	35602

(a) With respect to data recorded on paper, the following	35603
amounts:	35604

(i) Two dollars and fifty cents per page for the first ten	35605
pages;	35606

(ii) Fifty-one cents per page for pages eleven through fifty;

35607

(iii) Twenty cents per page for pages fifty-one and higher;

35608

(b) With respect to data recorded other than on paper, one	35609
dollar and seventy cents per page;	35610

(c) The actual cost of any related postage incurred by the	35611
health care provider or medical records company.	35612

(2) If the request is made other than by the patient or the	35613
patient's personal representative, total costs for copies and all	35614
services related to those copies shall not exceed the sum of the	35615
following:	35616

(a) An initial fee of fifteen dollars and thirty-five cents,	35617
which shall compensate for the records search;	35618

(b) With respect to data recorded on paper, the following	35619
amounts:	35620

(i) One dollar and two cents per page for the first ten	35621
pages;	35622

(ii) Fifty-one cents per page for pages eleven through fifty;

35623

(iii) Twenty cents per page for pages fifty-one and higher.

35624

(c) With respect to data recorded other than on paper, one	35625
dollar and seventy cents per page;	35626

(d) The actual cost of any related postage incurred by the	35627
health care provider or medical records company.	35628

(C)(1) A health care provider or medical records company	35629
shall provide one copy without charge to the following:	35630

(a) The bureau of workers' compensation, in accordance with	35631
Chapters 4121. and 4123. of the Revised Code and the rules adopted	35632
under those chapters;	35633

(b) The industrial commission, in accordance with Chapters	35634
4121. and 4123. of the Revised Code and the rules adopted under	35635
those chapters;	35636

(c) The department of job and family services or a county	35637
department of job and family services, in accordance with ~~Chapter~~	35638
Chapters 5101. and 5111. of the Revised Code and the rules adopted	35639
under those chapters;	35640

(d) The attorney general, in accordance with sections 2743.51	35641
to 2743.72 of the Revised Code and any rules that may be adopted	35642
under those sections;	35643

(e) A patient or patient's personal representative if the	35644
medical record is necessary to support a claim under Title II or	35645
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42	35646
U.S.C.A. 401 and 1381, as amended, and the request is accompanied	35647
by documentation that a claim has been filed.	35648

(2) Nothing in division (C)(1) of this section requires a	35649
health care provider or medical records company to provide a copy	35650
without charge to any person or entity not listed in division	35651
(C)(1) of this section.	35652

(D) Division (C) of this section shall not be construed to	35653
supersede any rule of the bureau of workers' compensation, the	35654
industrial commission, or the department of job and family	35655
services.	35656

(E) A health care provider or medical records company may	35657
enter into a contract with either of the following for the copying	35658
of medical records at a fee other than as provided in division (B)	35659
of this section:	35660

(1) A patient, a patient's personal representative, or an	35661
authorized person;	35662

(2) An insurer authorized under Title XXXIX of the Revised	35663
Code to do the business of sickness and accident insurance in this	35664
state or health insuring corporations holding a certificate of	35665
authority under Chapter 1751. of the Revised Code.	35666

(F) This section does not apply to medical records the	35667
copying of which is covered by section 173.20 of the Revised Code	35668
or by 42 C.F.R. 483.10.	35669

Sec. 3702.52. The director of health shall administer a	35670
state certificate of need program in accordance with sections	35671
3702.51 to 3702.62 of the Revised Code and rules adopted under	35672
those sections.	35673

(A) The director shall issue rulings on whether a particular	35674
proposed project is a reviewable activity. The director shall	35675
issue a ruling not later than forty-five days after receiving a	35676
request for a ruling accompanied by the information needed to make	35677
the ruling. If the director does not issue a ruling in that time,	35678
the project shall be considered to have been ruled not a	35679
reviewable activity.	35680

(B) The director shall review applications for certificates	35681
of need. Each application shall be submitted to the director on	35682
forms prescribed by the director, shall include all information	35683
required by rules adopted under division (B) of section 3702.57 of	35684
the Revised Code, and shall be accompanied by the application fee	35685
established in rules adopted under division (G) of that section.	35686
~~Application~~	35687

Application fees received by the director under this division	35688
shall be deposited into the state treasury to the credit of the	35689
certificate of need fund, which is hereby created. The director	35690
shall use the fund only to pay the costs of administering sections	35691
3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised	35692
Code and rules adopted under those sections.	35693

The director shall mail to the applicant a written notice	35694
that the application meets the criteria for a complete application	35695
specified in rules adopted under section 3702.57 of the Revised	35696
Code, or a written request for additional information, not later	35697
than ~~fifteen~~thirty days after receiving an application or a	35698
response to an earlier request for information. The director	35699
shall not make more than two requests for additional information.	35700

The director may conduct a public informational hearing in	35701
the course of reviewing any application for a certificate of need,	35702
and shall conduct one if requested to do so by any affected person	35703
not later than fifteen days after the director mails the notice	35704
that the application is complete. The hearing shall be conducted	35705
in the community in which the activities authorized by the	35706
certificate of need would be carried out. Any affected person may	35707
testify at the hearing. The director may, with the health service	35708
agency's consent, designate a health service agency to conduct the	35709
hearing.	35710

Except during a public hearing or as necessary to comply with	35711
a subpoena issued under division (F) of this section, after a	35712
notice of completeness has been received, no person shall	35713
knowingly discuss in person or by telephone the merits of the	35714
application with the director. If one or more persons request a	35715
meeting in person or by telephone, the director shall make a	35716
reasonable effort to invite interested parties to the meeting or	35717
conference call.	35718

(C) ~~Divisions (C)(1) to (7) of this section apply to~~	35719
~~certificate of need applications for which the director had not~~	35720
~~issued a written decision prior to April 20, 1995, unless the~~	35721
~~director was required, under the version of this section in effect~~	35722
~~immediately prior to June 30, 1995, to grant a certificate of need~~	35723
~~prior to June 30, 1995, because of a lack of written objections~~	35724
~~from any affected person. Divisions (C)(1) to (7) of this section~~	35725
~~do not invalidate any certificate of need that the director was~~	35726
~~required to grant prior to June 30, 1995, under that circumstance.~~	35727

~~(1) The~~All of the following apply to the process of granting	35728
or denying a certificate of need:	35729

(1) If the project proposed in a certificate of need	35730
application meets all of the applicable certificate of need	35731
criteria for approval under sections 3702.51 to 3702.62 of the	35732
Revised Code and the rules adopted under those sections, the	35733
director shall grant a certificate of need for the entire project	35734
that is the subject of the application immediately after both of	35735
the following conditions are met:	35736

(a) The board of trustees of the health service agency of the	35737
health service area in which the reviewable activity is proposed	35738
to be conducted recommends, prior to the deadline specified in	35739
division (C)(4) of this section or any extension of it under	35740
division (C)(5) of this section, that the certificate of need be	35741
granted;	35742

(b) The director ~~receives no~~does not receive any written	35743
objections to the application from any affected person by the	35744
~~later of May 20, 1995, or thirty days~~thirtieth day after the	35745
director mails the notice of completeness.	35746

(2) In the case of certificate of need applications under	35747
comparative review, if the projects proposed in the applications	35748
meet all of the applicable certificate of need criteria for	35749
approval under sections 3702.51 to 3702.62 of the Revised Code and	35750
the rules adopted under those sections, the director shall grant	35751
certificates of need for the entire projects that are the subject	35752
of the applications immediately after both of the following	35753
conditions are met:	35754

(a) The board of trustees of the health service agency of	35755
each health service area in which the reviewable activities are	35756
proposed to be conducted recommends, prior to the deadline	35757
specified in division (C)(4) of this section or any extension of	35758
it under division (C)(5) of this section, that certificates of	35759
need be granted for each of the reviewable activities to be	35760
conducted in its health service area;	35761

(b) The director ~~receives no~~does not receive any written	35762
objections to any of the applications from any affected person by	35763
the ~~later of May 20, 1995, or thirty days~~thirtieth day after the	35764
director mails the last notice of completeness.	35765

The director's grant of a certificate of need under division	35766
(C)(1) or (2) of this section does not affect, and sets no	35767
precedent for, the director's decision to grant or deny other	35768
applications for similar reviewable activities proposed to be	35769
conducted in the same or different health service areas.	35770

(3) If the director receives written objections to an	35771
application from any affected person by the ~~later of May 20, 1995,~~	35772
~~or thirty days~~thirtieth day after mailing the notice of	35773
completeness, regardless of the health service agency's	35774
recommendation, the director shall notify the applicant and assign	35775
a hearing examiner to conduct an adjudication hearing concerning	35776
the application in accordance with Chapter 119. of the Revised	35777
Code. In the case of applications under comparative review, if the	35778
director receives written objections to any of the applications	35779
from any affected person by the ~~later of May 20, 1995, or thirty~~	35780
~~days~~thirtieth day after the director mails the last notice of	35781
completeness, regardless of the health service agencies'	35782
recommendation, the director shall notify all of the applicants	35783
and appoint a hearing examiner to conduct a consolidated	35784
adjudication hearing concerning the applications in accordance	35785
with Chapter 119. of the Revised Code. The hearing examiner shall	35786
be employed by or under contract with the department of health.	35787

The adjudication hearings may be conducted in the health	35788
service area in which the reviewable activity is proposed to be	35789
conducted. Consolidated adjudication hearings for applications in	35790
comparative review may be conducted in the geographic region in	35791
which all of the reviewable activities will be conducted. The	35792
applicant, the director, and the affected persons that filed	35793
objections to the application shall be parties to the hearing. If	35794
none of the affected persons that submitted written objections to	35795
the application appears or prosecutes the hearing, the hearing	35796
examiner shall dismiss the hearing and the director shall grant a	35797
certificate of need for the entire project that is the subject of	35798
the application if the proposed project meets all of the	35799
applicable certificate of need criteria for approval under	35800
sections 3702.51 to 3702.62 of the Revised Code and the rules	35801
adopted under those sections. The affected persons bear the burden	35802
of proving by a preponderance of evidence that the project is not	35803
needed or that granting the certificate would not be in accordance	35804
with sections 3702.51 to 3702.62 of the Revised Code or the rules	35805
adopted under ~~section 3702.57 of the Revised Code~~those sections.	35806

(4) Except as provided in divisions (C)(1) and (2) of this	35807
section, the director shall grant or deny certificate of need	35808
applications for which an adjudication hearing is not conducted	35809
under division (C)(3) of this section not later than ~~ninety~~sixty	35810
days after mailing the notice of completeness or, in the case of	35811
an application proposing addition of long-term care beds, not	35812
later than ~~ninety~~sixty days after such other time as is specified	35813
in rules adopted under section 3702.57 of the Revised Code. The	35814
director shall grant or deny certificate of need applications for	35815
which an adjudication hearing is conducted under division (C)(3)	35816
of this section not later than thirty days after the expiration of	35817
the time for filing objections to the report and recommendation of	35818
the hearing examiner under section 119.09 of the Revised Code. The	35819
director shall base decisions concerning applications for which an	35820
adjudication hearing is conducted under division (C)(3) of this	35821
section on the report and recommendations of the hearing examiner.	35822

(5) Except as otherwise provided in division (C)(1), (2), or	35823
(6) of this section, the director or the applicant may extend the	35824
deadline prescribed in division (C)(4) of this section once, for	35825
no longer than thirty days, by written notice before the end of	35826
the original thirty-day period. An extension by the director under	35827
division (C)(5) of this section shall apply to all applications	35828
that are in comparative review.	35829

(6) No applicant in a comparative review may extend the	35830
deadline specified in division (C)(4) of this section.	35831

(7) Except as provided in divisions (C)(1) and (2) of this	35832
section, the director may grant a certificate of need for all or	35833
part of the project that is the subject of an application. If the	35834
director does not grant or deny the certificate by the applicable	35835
deadline specified in division (C)(4) of this section or any	35836
extension of it under division (C)(5) of this section, the	35837
certificate shall be considered to have been granted. ~~The~~	35838
~~director, in reviewing certificate of need applications for solid~~	35839
~~organ transplantation services, may ask for assistance from a~~	35840
~~statewide transplantation advisory group consisting of qualified~~	35841
~~professionals and administrators. Such consultation shall not~~	35842
~~cause the review period for any application to be extended beyond~~	35843
~~the applicable deadline specified in division (C)(4) of this~~	35844
~~section or any extension of it under division (C)(5) of this~~	35845
~~section.~~	35846

~~(D)~~(8) In granting a certificate of need, the director shall	35847
specify as the maximum capital expenditure the certificate holder	35848
may obligate under the certificate a figure equal to one hundred	35849
ten per cent of the approved project cost.	35850

~~(E)~~(9) In granting a certificate of need, the director may	35851
grant the certificate with conditions that must be met by the	35852
holder of the certificate.	35853

(D) The director shall monitor the activities of persons	35854
granted certificates of need concerning long-term care beds during	35855
the period beginning with the granting of the certificate of need	35856
and ending five years after implementation of the activity for	35857
which the certificate was granted.	35858

In the case of any other certificate of need, the director	35859
shall monitor the activities of persons granted certificates of	35860
need during the period beginning with the granting of the	35861
certificate of need and ending when the activity for which the	35862
certificate was granted ceases to be a reviewable activity in	35863
accordance with section 3702.511 of the Revised Code.	35864

~~(F)~~(E) When reviewing applications for certificates of need	35865
or monitoring activities of persons granted certificates of need,	35866
the director may issue and enforce, in the manner provided in	35867
section 119.09 of the Revised Code, subpoenas duces tecum to	35868
compel the production of documents relevant to review of the	35869
application or monitoring of the activities. In addition, the	35870
director or the director's designee, which may include a health	35871
service agency, may visit the sites where the activities are or	35872
will be conducted.	35873

~~(G)~~(F) The director may withdraw certificates of need.

35874

~~(H)~~(G) The director shall conduct, on a regular basis, health	35875
system data collection and analysis activities and prepare	35876
reports. The director shall make recommendations based upon these	35877
activities to the public health council concerning the adoption of	35878
appropriate rules under section 3702.57 of the Revised Code. All	35879
health care facilities and other health care providers shall	35880
submit to the director, upon request, any information that is	35881
necessary to conduct reviews of certificate of need applications	35882
and to develop recommendations for criteria for reviews, and that	35883
is prescribed by rules adopted under division (H) of section	35884
3702.57 of the Revised Code.	35885

~~(I)~~(H) Any decision to grant or deny a certificate of need	35886
shall consider the special needs and circumstances resulting from	35887
moral and ethical values and the free exercise of religious rights	35888
of health care facilities administered by religious organizations,	35889
and the special needs and circumstances of children's hospitals,	35890
inner city hospitals, and small rural hospitals.	35891

Sec. 3702.5211. Notwithstanding any conflicting provision of	35892
sections 3702.51 to ~~3702.68~~3702.62 of the Revised Code, the	35893
veterans' home operated under Chapter 5907. of the Revised Code	35894
that is located in Sandusky, including the Secrest nursing home	35895
and Giffin care facility, is not required to obtain a certificate	35896
of need for the addition of up to fifty-two additional nursing	35897
home beds to be licensed under Chapter 3721. of the Revised Code	35898
if the additional beds are placed in service prior to June 30,	35899
1999.	35900

Sec. 3702.5212. (A) This section applies to each long-term	35901
care facility that meets the following requirements:	35902

(1) The facility has been in continuous operation for not	35903
less than one hundred twenty years prior to the effective date of	35904
this section;	35905

(2) The facility is located in an inner city area;

35906

(3) The facility is operating as a nonprofit entity organized	35907
under Chapter 1702. of the Revised Code or the nonprofit law of	35908
another state.	35909

(B) Notwithstanding any conflicting provision of sections	35910
3702.51 to ~~3702.68~~3702.62 of the Revised Code, the owner or	35911
operator of a long-term care facility described in division (A) of	35912
this section is not required to obtain a certificate of need for	35913
the addition of up to thirty long-term care beds to be licensed	35914
under Chapter 3721. of the Revised Code. The exemption shall apply	35915
only as long as the beds are owned and operated by the facility to	35916
which the exemption is granted.	35917

Sec. 3702.5213. Notwithstanding any conflicting provision of	35918
sections 3702.51 to ~~3702.68~~3702.62 of the Revised Code, the	35919
veterans' home operated under Chapter 5907. of the Revised Code	35920
that is located in Brown county is not required to obtain a	35921
certificate of need for the addition of up to one hundred	35922
sixty-eight additional nursing home beds to be licensed under	35923
Chapter 3721. of the Revised Code if the additional beds are	35924
placed in service prior to December 31, 2004.	35925

Sec. 3702.57. (A) The public health council shall adopt	35926
rules establishing procedures and criteria for reviews of	35927
applications for certificates of need and issuance, denial, or	35928
withdrawal of certificates.	35929

(1) The rules shall require that, in addition to any other	35930
applicable review requirements of sections 3702.51 to 3702.62 of	35931
the Revised Code and rules adopted thereunder, any application for	35932
a certificate of need from an osteopathic hospital be reviewed on	35933
the basis of the need for and the availability in the community of	35934
services and hospitals for osteopathic physicians and their	35935
patients, and in terms of its impact on existing and proposed	35936
institutional training programs for doctors of osteopathy and	35937
doctors of medicine at the student, internship, and residency	35938
training levels.	35939

(2) In adopting rules that establish criteria for reviews of	35940
applications of certificates of need, the council shall consider	35941
the availability of and need for long-term care beds to provide	35942
care and treatment to persons diagnosed as having traumatic brain	35943
injuries and shall prescribe criteria for reviewing applications	35944
that propose to add long-term care beds to provide care and	35945
treatment to persons diagnosed as having traumatic brain injuries.	35946

(3) The criteria for reviews of applications for certificates	35947
of need shall relate to the need for the reviewable activity and	35948
shall pertain to all of the following matters:	35949

(a) The impact of the reviewable activity on the cost and	35950
quality of health services in the relevant geographic area,	35951
including, but not limited, to the historical and projected	35952
utilization of the services to which the application pertains and	35953
the effect of the reviewable activity on utilization of other	35954
providers of similar services;	35955

(b) The quality of the services to be provided as the result	35956
of the activity, as evidenced by the historical performance of the	35957
persons that will be involved in providing the services and by the	35958
provisions that are proposed in the application to ensure quality,	35959
including but not limited to adequate available personnel,	35960
available ancillary and support services, available equipment,	35961
size and configuration of physical plant, and relations with other	35962
providers;	35963

(c) The impact of the reviewable activity on the availability	35964
and accessibility of the type of services proposed in the	35965
application to the population of the relevant geographic area, and	35966
the level of access to the services proposed in the application	35967
that will be provided to medically underserved individuals such as	35968
recipients of public assistance and individuals who have no health	35969
insurance or whose health insurance is insufficient;	35970

(d) The activity's short- and long-term financial feasibility	35971
and cost-effectiveness, the impact of the activity on the	35972
applicant's costs and charges, and a comparison of the applicant's	35973
costs and charges with those of providers of similar services in	35974
the applicant's proposed service area;	35975

(e) The advantages, disadvantages, and costs of alternatives	35976
to the reviewable activity;	35977

(f) The impact of the activity on all other providers of	35978
similar services in the health service area or other relevant	35979
geographic area, including the impact on their utilization, market	35980
share, and financial status;	35981

(g) The historical performance of the applicant and related	35982
or affiliated parties in complying with previously granted	35983
certificates of need and any applicable certification,	35984
accreditation, or licensure requirements;	35985

(h) The relationship of the activity to the current edition	35986
of the state health resources plan issued under section 3702.521	35987
of the Revised Code;	35988

(i) The historical performance of the applicant and related	35989
or affiliated parties in providing cost-effective health care	35990
services;	35991

(j) The special needs and circumstances of the applicant or	35992
population proposed to be served by the proposed project,	35993
including research activities, prevalence of particular diseases,	35994
unusual demographic characteristics, cost-effective contractual	35995
affiliations, and other special circumstances;	35996

(k) The appropriateness of the zoning status of the proposed	35997
site of the activity;	35998

(l) The participation by the applicant in research conducted	35999
by the United States food and drug administration or clinical	36000
trials sponsored by the national institutes of health.	36001

(4) The criteria for reviews of applications may include	36002
formulas for determining need for beds and services.	36003

(a) The criteria prescribing formulas shall not, either by	36004
themselves or in conjunction with any established occupancy	36005
guidelines, require, as a condition of being granted a certificate	36006
of need, that a hospital reduce its complement of registered beds	36007
or discontinue any service that is not related to the service or	36008
project for which the certificate of need is sought.	36009

(b) With respect to applications to conduct reviewable	36010
activities that are affected directly by the inpatient occupancy	36011
of a health care facility, including addition, relocation, or	36012
recategorization of beds or renovation or other construction	36013
activities relating to inpatient services, the rules shall	36014
prescribe criteria for determining whether the scope of the	36015
proposed project is appropriate in light of the historical and	36016
reasonably projected occupancy rates for the beds related to the	36017
project.	36018

(c) Any rules prescribing criteria that establish ratios of	36019
beds, services, or equipment to population shall specify the bases	36020
for establishing the ratios or mitigating factors or exceptions to	36021
the ratios.	36022

(B) The council shall adopt rules specifying all of the	36023
following:	36024

(1) Information that must be provided in applications for	36025
certificates of need, which shall include a plan for obligating	36026
the capital expenditure or implementing the proposed project on a	36027
timely basis in accordance with section 3702.525 of the Revised	36028
Code;	36029

(2) Procedures for reviewing applications for completeness of	36030
information;	36031

(3) Criteria for determining that the application is	36032
complete.	36033

(C) The council shall adopt rules specifying requirements	36034
that holders of certificates of need must meet in order for the	36035
certificates to remain valid and establishing definitions and	36036
requirements for obligation of capital expenditures and	36037
implementation of projects authorized by certificates of need.	36038

(D) The council shall adopt rules establishing criteria and	36039
procedures under which the director of health may withdraw a	36040
certificate of need if the holder fails to meet requirements for	36041
continued validity of the certificate.	36042

(E) The council shall adopt rules establishing procedures	36043
under which the department of health shall monitor project	36044
implementation activities of holders of certificates of need. The	36045
rules adopted under this division also may establish procedures	36046
for monitoring implementation activities of persons that have	36047
received nonreviewability rulings.	36048

(F) The council shall adopt rules establishing procedures	36049
under which the director of health shall review certificates of	36050
need whose holders exceed or appear likely to exceed an	36051
expenditure maximum specified in a certificate.	36052

(G) The council shall adopt rules establishing certificate of	36053
need application fees sufficient to pay the costs incurred by the	36054
department for administering sections 3702.51 to 3702.62 of the	36055
Revised Code and to pay health service agencies for the functions	36056
they perform under division (D)(5) of section 3702.58 of the	36057
Revised Code. Unless rules are adopted under this division	36058
establishing different application fees, the application fee for a	36059
project not involving a capital expenditure shall be three	36060
thousand dollars and the application fee for a project involving a	36061
capital expenditure shall be nine-tenths of one per cent of the	36062
capital expenditure proposed subject to a minimum of three	36063
thousand dollars and a maximum of twenty thousand dollars.	36064

(H) The council shall adopt rules specifying information that	36065
is necessary to conduct reviews of certificate of need	36066
applications and to develop recommendations for criteria for	36067
reviews that health care facilities and other health care	36068
providers are to submit to the director under division ~~(H)~~(G) of	36069
section 3702.52 of the Revised Code.	36070

(I) The council shall adopt rules defining "affiliated	36071
person,""related person," and "ultimate controlling interest" for	36072
purposes of section 3702.524 of the Revised Code.	36073

(J) The council shall adopt rules prescribing requirements	36074
for holders of certificates of need to demonstrate to the director	36075
under section 3702.526 of the Revised Code that reasonable	36076
progress is being made toward completion of the reviewable	36077
activity and establishing standards by which the director shall	36078
determine whether reasonable progress is being made.	36079

(K) The council shall adopt rules defining high-risk cardiac	36080
catheterization patients. High-risk patients shall include	36081
patients with significant ischemic syndromes or unstable	36082
myocardial infarction, patients who need intervention such as	36083
angioplasty or bypass surgery, patients who may require difficult	36084
or complex catheterization procedures such as transeptal	36085
assessment of valvular dysfunction, patients with critical aortic	36086
stenosis or congestive heart failure, and other patients specified	36087
by the council.	36088

(L) The public health council shall adopt all rules under	36089
divisions (A) to (K) of this section in accordance with Chapter	36090
119. of the Revised Code. The council may adopt other rules as	36091
necessary to carry out the purposes of sections 3702.51 to 3702.62	36092
of the Revised Code.	36093

~~Sec. 3702.68.~~ Sec. 3702.59. (A) Notwithstanding any conflicting	36094
provision of sections 3702.51 to 3702.62 of the Revised Code,	36095
other than the provisions of sections 3702.5210, 3702.5211,	36096
3702.5212, and 3702.5213 of the Revised Code, both of the	36097
following apply under the certificate of need program:	36098

(1) Divisions (B) to (E) of this section ~~applies~~apply to the	36099
review of certificate of need applications during the period	36100
beginning July 1, 1993, and ending June 30, ~~2007~~2009.	36101

~~As used in this section, "existing health care facility" has~~	36102
~~the same meaning as in section 3702.51 of the Revised Code~~(2)	36103
Beginning July 1, 2009, the director of health shall not accept	36104
for review under section 3702.52 of the Revised Code any	36105
application for a certificate of need to recategorize hospital	36106
beds as described in section 3702.522 of the Revised Code.	36107

(B)(1) Except as provided in division (B)(2) of this section,	36108
the director of health shall neither grant nor deny any	36109
application for a certificate of need submitted prior to July 1,	36110
1993, if the application was for any of the following and the	36111
director had not issued a written decision concerning the	36112
application prior to that date:	36113

(a) Approval of beds in a new health care facility or an	36114
increase of beds in an existing health care facility, if the beds	36115
are proposed to be licensed as nursing home beds under Chapter	36116
3721. of the Revised Code;	36117

(b) Approval of beds in a new county home or new county	36118
nursing home as defined in section 5155.31 of the Revised Code, or	36119
an increase of beds in an existing county home or existing county	36120
nursing home, if the beds are proposed to be certified as skilled	36121
nursing facility beds under Title XVIII or nursing facility beds	36122
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	36123
42 U.S.C.A. 301, as amended;	36124

(c) Recategorization of hospital beds as described in section	36125
3702.522 of the Revised Code, an increase of hospital beds	36126
registered pursuant to section 3701.07 of the Revised Code as	36127
long-term care beds or skilled nursing facility beds, or a	36128
recategorization of hospital beds that would result in an increase	36129
of beds registered pursuant to that section as long-term care beds	36130
or skilled nursing facility beds.	36131

On July 1, 1993, the director shall return each such	36132
application to the applicant and, notwithstanding section 3702.52	36133
of the Revised Code regarding the uses of the certificate of need	36134
fund, shall refund to the applicant the application fee paid under	36135
that section. Applications returned under division (B)(1) of this	36136
section may be resubmitted in accordance with section 3702.52 of	36137
the Revised Code no sooner than July 1, ~~2007~~2009.	36138

(2) The director shall continue to review and shall issue a	36139
decision regarding any application submitted prior to July 1,	36140
1993, to increase beds for either of the purposes described in	36141
division (B)(1)(a) or (b) of this section if the proposed increase	36142
in beds is attributable solely to a replacement or relocation of	36143
existing beds within the same county. The director shall authorize	36144
under such an application no additional beds beyond those being	36145
replaced or relocated.	36146

(C)(1) Except as provided in division (C)(2) of this section,	36147
the director, during the period beginning July 1, 1993, and ending	36148
June 30, ~~2007~~2009, shall not accept for review under section	36149
3702.52 of the Revised Code any application for a certificate of	36150
need for any of the purposes described in divisions (B)(1)(a) to	36151
(c) of this section.	36152

(2)(a) The director shall accept for review any application	36153
for either of the purposes described in division (B)(1)(a) or (b)	36154
of this section if the proposed increase in beds is attributable	36155
solely to a replacement or relocation of existing beds from an	36156
existing health care facility within the same county. The director	36157
shall authorize under such an application no additional beds	36158
beyond those being replaced or relocated.	36159

The director shall not approve an application for a	36160
certificate of need for addition of long-term care beds to an	36161
existing health care facility by relocation of beds or for the	36162
development of a new health care facility by relocation of beds	36163
unless all of the following conditions are met:	36164

(i) The existing health care facility to which the beds are	36165
being relocated has no waivers for life safety code ~~waivers~~	36166
deficiencies, no state fire code violations, and no state building	36167
code violations, or the project identified in the application	36168
proposes to correct all life safety code deficiencies for which a	36169
waiver has been granted, all state fire code violations, and all	36170
state building code violations at the existing health care	36171
facility to which the beds are being relocated;	36172

(ii) During the sixty-month period preceding the filing of	36173
the application, no notice of proposed revocation of the	36174
facility's license was issued under section 3721.03 of the Revised	36175
Code to the operator of the existing facility to which the beds	36176
are being relocated or to any health care facility owned or	36177
operated by the applicant or any principal participant in the same	36178
corporation or other business;	36179

(iii) Neither the existing health care facility to which the	36180
beds are being relocated nor any health care facility owned or	36181
operated by the applicant or any principal participant in the same	36182
corporation or other business has had a long-standing pattern of	36183
violations of this chapter or deficiencies that caused one or more	36184
residents physical, emotional, mental, or psychosocial harm.	36185

(b) The director also shall accept for review any application	36186
for the conversion of infirmary beds to long-term care beds if the	36187
infirmary meets all of the following conditions:	36188

(i) Is operated exclusively by a religious order;

36189

(ii) Provides care exclusively to members of religious orders	36190
who take vows of celibacy and live by virtue of their vows within	36191
the orders as if related;	36192

(iii) Was providing care exclusively to members of such a	36193
religious order on January 1, 1994.	36194

(D) The director shall issue a decision regarding any case	36195
remanded by a court as the result of a decision issued by the	36196
director prior to July 1, 1993, to grant, deny, or withdraw a	36197
certificate of need for any of the purposes described in divisions	36198
(B)(1)(a) to (c) of this section.	36199

(E) The director shall not project the need for beds listed	36200
in division (B)(1) of this section for the period beginning July	36201
1, 1993, and ending June 30, ~~2007~~2009.	36202

~~This section is an interim section effective until July 1,~~	36203
~~2007.~~	36204

~~Sec. 3702.63.~~ Sec. 3702.591. As specified in former Section 11 of	36205
Am. Sub. S.B. 50 of the 121st general assembly, as amended by Am.	36206
Sub. H.B. 405 of the 124th general assembly, all of the following	36207
apply:	36208

(A) The removal of former divisions (E) and (F) of section	36209
3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B.	36210
50 of the 121st general assembly does not release the holders of	36211
certificates of need issued under those divisions from complying	36212
with any conditions on which the granting of the certificates of	36213
need was based, including the requirement of former division	36214
(E)(6) of that section that the holders not enter into provider	36215
agreements under Chapter 5111. of the Revised Code and Title XIX	36216
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	36217
as amended, for at least ten years following initial licensure of	36218
the long-term care facilities for which the certificates were	36219
granted.	36220

(B) The repeal of section 3702.55 of the Revised Code by	36221
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	36222
not release the holders of certificates of need issued under that	36223
section from complying with any conditions on which the granting	36224
of the certificates of need was based, other than the requirement	36225
of division (A)(6) of that section that the holders not seek	36226
certification under Title XVIII of the "Social Security Act" for	36227
beds recategorized under the certificates. That repeal also does	36228
not eliminate the requirement that the director of health revoke	36229
the licensure of the beds under Chapter 3721. of the Revised Code	36230
if a person to which their ownership is transferred fails, as	36231
required by division (A)(6) of the repealed section, to file	36232
within ten days after the transfer a sworn statement not to seek	36233
certification under Title XIX of the "Social Security Act" for	36234
beds recategorized under the certificates of need.	36235

(C) The repeal of section 3702.56 of the Revised Code by	36236
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	36237
not release the holders of certificates of need issued under that	36238
section from complying with any conditions on which the granting	36239
of the certificates of need was based.	36240

Sec. 3704.03. The director of environmental protection may	36241
do any of the following:	36242

(A) Develop programs for the prevention, control, and	36243
abatement of air pollution;	36244

(B) Advise, consult, contract, and cooperate with any	36245
governmental or private agency in the furtherance of the purposes	36246
of this chapter;	36247

(C) Encourage, participate in, or conduct studies,	36248
investigations, and research relating to air pollution, collect	36249
and disseminate information, and conduct education and training	36250
programs relating to the causes, prevention, control, and	36251
abatement of air pollution;	36252

(D) Adopt, modify, and rescind rules prescribing ambient air	36253
quality standards for the state as a whole or for various areas of	36254
the state that are consistent with and no more stringent than the	36255
national ambient air quality standards in effect under the federal	36256
Clean Air Act;	36257

(E) Adopt, modify, suspend, and rescind rules for the	36258
prevention, control, and abatement of air pollution, including	36259
rules prescribing for the state as a whole or for various areas of	36260
the state emission standards for air contaminants, and other	36261
necessary rules for the purpose of achieving and maintaining	36262
compliance with ambient air quality standards in all areas within	36263
the state as expeditiously as practicable, but not later than any	36264
deadlines applicable under the federal Clean Air Act; rules for	36265
the prevention or control of the emission of hazardous or toxic	36266
air contaminants; rules prescribing fugitive dust limitations and	36267
standards that are related, on an areawide basis, to attainment	36268
and maintenance of ambient air quality standards; rules	36269
prescribing shade, density, or opacity limitations and standards	36270
for emissions, provided that with regard to air contaminant	36271
sources for which there are particulate matter emission standards	36272
in addition to a shade, density, or opacity rule, upon	36273
demonstration by such a source of compliance with those other	36274
standards, the shade, density, or opacity rule shall provide for	36275
establishment of a shade, density, or opacity limitation for that	36276
source that does not require the source to reduce emissions below	36277
the level specified by those other standards; rules for the	36278
prevention or control of odors and air pollution nuisances; rules	36279
that prevent significant deterioration of air quality to the	36280
extent required by the federal Clean Air Act; rules for the	36281
protection of visibility as required by the federal Clean Air Act;	36282
and rules prescribing open burning limitations and standards. In	36283
adopting, modifying, suspending, or rescinding any such rules, the	36284
director, to the extent consistent with the federal Clean Air Act,	36285
shall hear and give consideration to evidence relating to all of	36286
the following:	36287

(1) Conditions calculated to result from compliance with the	36288
rules, the overall cost within this state of compliance with the	36289
rules, and their relation to benefits to the people of the state	36290
to be derived from that compliance;	36291

(2) The quantity and characteristics of air contaminants, the	36292
frequency and duration of their presence in the ambient air, and	36293
the dispersion and dilution of those contaminants;	36294

(3) Topography, prevailing wind directions and velocities,	36295
physical conditions, and other factors that may or may combine to	36296
affect air pollution.	36297

Consistent with division (K) of section 3704.036 of the	36298
Revised Code, the director shall consider alternative emission	36299
limits proposed by the owner or operator of an air contaminant	36300
source that is subject to an emission limit established in rules	36301
adopted under this division and shall accept those alternative	36302
emission limits that the director determines to be equivalent to	36303
emission limits established in rules adopted under this division.	36304

(F)(1) Adopt, modify, suspend, and rescind rules consistent	36305
with the purposes of this chapter prohibiting the location,	36306
installation, construction, or modification of any air contaminant	36307
source or any machine, equipment, device, apparatus, or physical	36308
facility intended primarily to prevent or control the emission of	36309
air contaminants unless an installation permit therefor has been	36310
obtained from the director or the director's authorized	36311
representative.	36312

(2) Applications for installation permits shall be	36313
accompanied by plans, specifications, construction schedules, and	36314
such other pertinent information and data, including data on	36315
ambient air quality impact and a demonstration of best available	36316
technology, as the director may require. Installation permits	36317
shall be issued for a period specified by the director and are	36318
transferable. The director shall specify in each permit the	36319
applicable emission standards and that the permit is conditioned	36320
upon payment of the applicable fees as required by section 3745.11	36321
of the Revised Code and upon the right of the director's	36322
authorized representatives to enter upon the premises of the	36323
person to whom the permit has been issued, at any reasonable time	36324
and subject to safety requirements of the person in control of the	36325
premises, for the purpose of determining compliance with such	36326
standards, this chapter, the rules adopted thereunder, and the	36327
conditions of any permit, variance, or order issued thereunder.	36328
Each proposed new or modified air contaminant source shall provide	36329
such notice of its proposed installation or modification to other	36330
states as is required under the federal Clean Air Act.	36331
Installation permits shall include the authorization to operate	36332
sources installed and operated in accordance with terms and	36333
conditions of the installation permits for a period not to exceed	36334
one year from commencement of operation, which authorization shall	36335
constitute an operating permit under division (G) of this section	36336
and rules adopted under it.	36337

No installation permit shall be required for activities that	36338
are subject to and in compliance with a plant-wide applicability	36339
limit issued by the director in accordance with rules adopted	36340
under this section.	36341

No installation permit shall be issued except in accordance	36342
with all requirements of this chapter and rules adopted	36343
thereunder. No application shall be denied or permit revoked or	36344
modified without a written order stating the findings upon which	36345
denial, revocation, or modification is based. A copy of the order	36346
shall be sent to the applicant or permit holder by certified mail.	36347

(3) Not later than two years after ~~the effective date of this~~	36348
~~amendment~~August 3, 2006, the director shall adopt a rule in	36349
accordance with Chapter 119. of the Revised Code specifying that a	36350
permit to install is required only for new or modified air	36351
contaminant sources that emit any of the following air	36352
contaminants:	36353

(a) An air contaminant or precursor of an air contaminant for	36354
which a national ambient air quality standard has been adopted	36355
under the federal Clean Air Act;	36356

(b) An air contaminant for which the air contaminant source	36357
is regulated under the federal Clean Air Act;	36358

(c) An air contaminant that presents, or may present, through	36359
inhalation or other routes of exposure, a threat of adverse human	36360
health effects, including, but not limited to, substances that are	36361
known to be, or may reasonably be anticipated to be, carcinogenic,	36362
mutagenic, teratogenic, or neurotoxic, that cause reproductive	36363
dysfunction, or that are acutely or chronically toxic, or a threat	36364
of adverse environmental effects whether through ambient	36365
concentrations, bioaccumulation, deposition, or otherwise, and	36366
that is identified in the rule by chemical name and chemical	36367
abstract service number.	36368

The director may modify the rule adopted under division	36369
(F)(3)(c) of this section for the purpose of adding or deleting	36370
air contaminants. For each air contaminant that is contained in or	36371
deleted from the rule adopted under division (F)(3)(c) of this	36372
section, the director shall include in a notice accompanying any	36373
proposed or final rule an explanation of the director's	36374
determination that the air contaminant meets the criteria	36375
established in that division and should be added to, or no longer	36376
meets the criteria and should be deleted from, the list of air	36377
contaminants. The explanation shall include an identification of	36378
the scientific evidence on which the director relied in making the	36379
determination. Until adoption of the rule under division (F)(3)(c)	36380
of this section, nothing shall affect the director's authority to	36381
issue, deny, modify, or revoke permits to install under this	36382
chapter and rules adopted under it.	36383

(4)(a) Applications for permits to install new or modified	36384
air contaminant sources shall contain sufficient information	36385
regarding air contaminants for which the director may require a	36386
permit to install to determine conformity with the environmental	36387
protection agency's document entitled "Review of New Sources of	36388
Air Toxics Emissions, Option A," dated May 1986, which the	36389
director shall use to evaluate toxic emissions from new or	36390
modified air contaminant sources. The director shall make copies	36391
of the document available to the public upon request at no cost	36392
and post the document on the environmental protection agency's web	36393
site. Any inconsistency between the document and division (F)(4)	36394
of this section shall be resolved in favor of division (F)(4) of	36395
this section.	36396

(b) The maximum acceptable ground level concentration of an	36397
air contaminant shall be calculated in accordance with the	36398
document entitled "Review of New Sources of Air Toxics Emissions,	36399
Option A." Modeling shall be conducted to determine the increase	36400
in the ground level concentration of an air contaminant beyond the	36401
facility's boundary caused by the emissions from a new or modified	36402
source that is the subject of an application for a permit to	36403
install. Modeling shall be based on the maximum hourly rate of	36404
emissions from the source using information including, but not	36405
limited to, any emission control devices or methods, operational	36406
restrictions, stack parameters, and emission dispersion devices or	36407
methods that may affect ground level concentrations, either	36408
individually or in combination. The director shall determine	36409
whether the activities for which a permit to install is sought	36410
will cause an increase in the ground level concentration of one or	36411
more relevant air contaminants beyond the facility's boundary by	36412
an amount in excess of the maximum acceptable ground level	36413
concentration. In making the determination as to whether the	36414
maximum acceptable ground level concentration will be exceeded,	36415
the director shall give consideration to the modeling conducted	36416
under division (F)(4)(b) of this section and other relevant	36417
information submitted by the applicant.	36418

(c) If the modeling conducted under division (F)(4)(b) of	36419
this section with respect to an application for a permit to	36420
install demonstrates that the maximum ground level concentration	36421
from a new or modified source will be greater than or equal to	36422
eighty per cent, but less than one hundred per cent of the maximum	36423
acceptable ground level concentration for an air contaminant, the	36424
director may establish terms and conditions in the permit to	36425
install for the air contaminant source that will require the owner	36426
or operator of the air contaminant source to maintain emissions of	36427
that air contaminant commensurate with the modeled level, which	36428
shall be expressed as allowable emissions per day. In order to	36429
calculate the allowable emissions per day, the director shall	36430
multiply the hourly emission rate modeled under division (F)(4)(b)	36431
of this section to determine the ground level concentration by the	36432
operating schedule that has been identified in the permit to	36433
install application. Terms and conditions imposed under division	36434
(F)(4)(c) of this section are not federally enforceable	36435
requirements and, if included in a Title V permit, shall be placed	36436
in the portion of the permit that is only enforceable by the	36437
state.	36438

(d) If the modeling conducted under division (F)(4)(b) of	36439
this section with respect to an application for a permit to	36440
install demonstrates that the maximum ground level concentration	36441
from a new or modified source will be less than eighty per cent of	36442
the maximum acceptable ground level concentration, the owner or	36443
operator of the source annually shall report to the director, on a	36444
form prescribed by the director, whether operations of the source	36445
are consistent with the information regarding the operations that	36446
was used to conduct the modeling with regard to the permit to	36447
install application. The annual report to the director shall be in	36448
lieu of an emission limit or other permit terms and conditions	36449
imposed pursuant to division (F)(4) of this section. The director	36450
may consider any significant departure from the operations of the	36451
source described in the permit to install application that results	36452
in greater emissions than the emissions rate modeled to determine	36453
the ground level concentration as a modification and require the	36454
owner or operator to submit a permit to install application for	36455
the increased emissions. The requirements established in division	36456
(F)(4)(d) of this section are not federally enforceable	36457
requirements and, if included in a Title V permit, shall be placed	36458
in the portion of the permit that is only enforceable by the	36459
state.	36460

(e) Division (F)(4) of this section and the document entitled	36461
"Review of New Sources of Air Toxics Emissions, Option A" shall	36462
not be included in the state implementation plan under section 110	36463
of the federal Clean Air Act and do not apply to an air	36464
contaminant source that is subject to a maximum achievable control	36465
technology standard or residual risk standard under section 112 of	36466
the federal Clean Air Act, to a particular air contaminant	36467
identified under 40 C.F.R. 51.166, division (b)(23), for which the	36468
director has determined that the owner or operator of the source	36469
is required to install best available control technology for that	36470
particular air contaminant, or to a particular air contaminant for	36471
which the director has determined that the source is required to	36472
meet the lowest achievable emission rate, as defined in 40 C.F.R.	36473
part 51, Appendix S, for that particular air contaminant.	36474

(f)(i) Division (F)(4) of this section and the document	36475
entitled "Review of New Sources of Air Toxics Emissions, Option A"	36476
do not apply to parking lots, storage piles, storage tanks,	36477
transfer operations, grain silos, grain dryers, emergency	36478
generators, gasoline dispensing operations, air contaminant	36479
sources that emit air contaminants solely from the combustion of	36480
fossil fuels, or the emission of wood dust, sand, glass dust, coal	36481
dust, silica, and grain dust.	36482

(ii) Notwithstanding division (F)(4)(f)(i) of this section,	36483
the director may require an individual air contaminant source that	36484
is within one of the source categories identified in division	36485
(F)(4)(f)(i) of this section to submit information in an	36486
application for a permit to install a new or modified source in	36487
order to determine the source's conformity to the document if the	36488
director has information to conclude that the particular new or	36489
modified source will potentially cause an increase in ground level	36490
concentration beyond the facility's boundary that exceeds the	36491
maximum acceptable ground level concentration as set forth in the	36492
document.	36493

(iii) The director may adopt rules in accordance with Chapter	36494
119. of the Revised Code that are consistent with the purposes of	36495
this chapter and that add to or delete from the source category	36496
exemptions established in division (F)(4)(f)(i) of this section.	36497

(5) Not later than one year after ~~the effective date of this~~	36498
~~amendment~~August 3, 2006, the director shall adopt rules in	36499
accordance with Chapter 119. of the Revised Code specifying	36500
activities that do not, by themselves, constitute beginning actual	36501
construction activities related to the installation or	36502
modification of an air contaminant source for which a permit to	36503
install is required such as the grading and clearing of land,	36504
on-site storage of portable parts and equipment, and the	36505
construction of foundations or buildings that do not themselves	36506
emit air contaminants. The rules also shall allow specified	36507
initial activities that are part of the installation or	36508
modification of an air contaminant source, such as the	36509
installation of electrical and other utilities for the source,	36510
prior to issuance of a permit to install, provided that the owner	36511
or operator of the source has filed a complete application for a	36512
permit to install, the director or the director's designee has	36513
determined that the application is complete, and the owner or	36514
operator of the source has notified the director that this	36515
activity will be undertaken prior to the issuance of a permit to	36516
install. Any activity that is undertaken by the source under those	36517
rules shall be at the risk of the owner or operator. The rules	36518
shall not apply to activities that are precluded prior to permit	36519
issuance under section 111, section 112, Part C of Title I, and	36520
Part D of Title I of the federal Clean Air Act.	36521

(G) Adopt, modify, suspend, and rescind rules prohibiting the	36522
operation or other use of any new, modified, or existing air	36523
contaminant source unless an operating permit has been obtained	36524
from the director or the director's authorized representative, or	36525
the air contaminant source is being operated in compliance with	36526
the conditions of a variance issued pursuant to division (H) of	36527
this section. Applications for operating permits shall be	36528
accompanied by such plans, specifications, and other pertinent	36529
information as the director may require. Operating permits may be	36530
issued for a period determined by the director not to exceed ~~five~~	36531
ten years, are renewable, and are transferable. The director shall	36532
specify in each operating permit that the permit is conditioned	36533
upon payment of the applicable fees as required by section 3745.11	36534
of the Revised Code and upon the right of the director's	36535
authorized representatives to enter upon the premises of the	36536
person to whom the permit has been issued, at any reasonable time	36537
and subject to safety requirements of the person in control of the	36538
premises, for the purpose of determining compliance with this	36539
chapter, the rules adopted thereunder, and the conditions of any	36540
permit, variance, or order issued thereunder. Operating permits	36541
may be denied or revoked for failure to comply with this chapter	36542
or the rules adopted thereunder. An operating permit shall be	36543
issued only upon a showing satisfactory to the director or the	36544
director's representative that the air contaminant source is being	36545
operated in compliance with applicable emission standards and	36546
other rules or upon submission of a schedule of compliance	36547
satisfactory to the director for a source that is not in	36548
compliance with all applicable requirements at the time of permit	36549
issuance, provided that the compliance schedule shall be	36550
consistent with and at least as stringent as that contained in any	36551
judicial consent decree or administrative order to which the air	36552
contaminant source is subject. The rules shall provide for the	36553
issuance of conditional operating permits for such reasonable	36554
periods as the director may determine to allow the holder of an	36555
installation permit, who has constructed, installed, located, or	36556
modified a new air contaminant source in accordance with the	36557
provisions of an installation permit, to make adjustments or	36558
modifications necessary to enable the new air contaminant source	36559
to comply with applicable emission standards and other rules.	36560
Terms and conditions of operating permits issued pursuant to this	36561
division shall be federally enforceable for the purpose of	36562
establishing the potential to emit of a stationary source and	36563
shall be expressly designated as federally enforceable. Any such	36564
federally enforceable restrictions on a source's potential to emit	36565
shall include both an annual limit and a short-term limit of not	36566
more than thirty days for each pollutant to be restricted together	36567
with adequate methods for establishing compliance with the	36568
restrictions. In other respects, operating permits issued pursuant	36569
to this division are enforceable as state law only. No application	36570
shall be denied or permit revoked or modified without a written	36571
order stating the findings upon which denial, revocation, or	36572
modification is based. A copy of the order shall be sent to the	36573
applicant or permit holder by certified mail.	36574

(H) Adopt, modify, and rescind rules governing the issuance,	36575
revocation, modification, or denial of variances that authorize	36576
emissions in excess of the applicable emission standards.	36577

No variance shall be issued except pursuant to those rules.	36578
The rules shall prescribe conditions and criteria in furtherance	36579
of the purposes of this chapter and consistent with the federal	36580
Clean Air Act governing eligibility for issuance of variances,	36581
which shall include all of the following:	36582

(1) Provisions requiring consistency of emissions authorized	36583
by a variance with timely attainment and maintenance of ambient	36584
air quality standards;	36585

(2) Provisions prescribing the classes and categories of air	36586
contaminants and air contaminant sources for which variances may	36587
be issued;	36588

(3) Provisions defining the circumstances under which an	36589
applicant shall demonstrate that compliance with applicable	36590
emission standards is technically infeasible, economically	36591
unreasonable, or impossible because of conditions beyond the	36592
control of the applicant;	36593

(4) Other provisions prescribed in furtherance of the goals	36594
of this chapter.	36595

The rules shall prohibit the issuance of variances from any	36596
emission limitation that was applicable to a source pursuant to an	36597
installation permit and shall prohibit issuance of variances that	36598
conflict with the federal Clean Air Act.	36599

Applications for variances shall be accompanied by such	36600
information as the director may require. In issuing variances, the	36601
director may order the person to whom a variance is issued to	36602
furnish plans and specifications and such other information and	36603
data, including interim reports, as the director may require and	36604
to proceed to take such action within such time as the director	36605
may determine to be appropriate and reasonable to prevent,	36606
control, or abate the person's existing emissions of air	36607
contaminants. The director shall specify in each variance that the	36608
variance is conditioned upon payment of the applicable fees as	36609
required by section 3745.11 of the Revised Code and upon the right	36610
of the director's authorized representatives to enter upon the	36611
premises of the person to whom the variance has been issued, at	36612
any reasonable time and subject to safety requirements of the	36613
person in control of the premises, for the purpose of determining	36614
compliance with this chapter, the rules adopted thereunder, and	36615
the conditions of any permit, variance, or order issued	36616
thereunder.	36617

The director may hold a public hearing on an application for	36618
a variance or renewal thereof at a location in the county where	36619
the variance is sought. The director shall give not less than	36620
twenty days' notice of the hearing to the applicant by certified	36621
mail and cause at least one publication of notice in a newspaper	36622
with general circulation in the county where the variance is	36623
sought. The director shall keep available for public inspection at	36624
the principal office of the environmental protection agency a	36625
current schedule of pending applications for variances and a	36626
current schedule of pending variance hearings. The director shall	36627
make a complete stenographic record of testimony and other	36628
evidence submitted at the hearing. The director shall make a	36629
written determination to issue, renew, or deny the variance and	36630
shall enter the determination and the basis therefor into the	36631
record of the hearing. The director shall issue, renew, or deny an	36632
application for a variance or renewal thereof, or issue a proposed	36633
action upon the application pursuant to section 3745.07 of the	36634
Revised Code, within six months of the date upon which the	36635
director receives a complete application with all pertinent	36636
information and data required by the director.	36637

Any variance granted pursuant to rules adopted under this	36638
division shall be for a period specified by the director, not to	36639
exceed three years, and may be renewed from time to time on such	36640
terms and for such periods, not to exceed three years each, as the	36641
director determines to be appropriate. A variance may be revoked,	36642
or renewal denied, for failure to comply with conditions specified	36643
in the variance. No variance shall be issued, denied, revoked, or	36644
modified without a written order stating the findings upon which	36645
the issuance, denial, revocation, or modification is based. A copy	36646
of the order shall be sent to the applicant or variance holder by	36647
certified mail.	36648

(I) Require the owner or operator of an air contaminant	36649
source to install, employ, maintain, and operate such emissions,	36650
ambient air quality, meteorological, or other monitoring devices	36651
or methods as the director shall prescribe; to sample those	36652
emissions at such locations, at such intervals, and in such manner	36653
as the director prescribes; to maintain records and file periodic	36654
reports with the director containing information as to location,	36655
size, and height of emission outlets, rate, duration, and	36656
composition of emissions, and any other pertinent information the	36657
director prescribes; and to provide such written notice to other	36658
states as the director shall prescribe. In requiring monitoring	36659
devices, records, and reports, the director, to the extent	36660
consistent with the federal Clean Air Act, shall give	36661
consideration to technical feasibility and economic reasonableness	36662
and allow reasonable time for compliance. For sources where a	36663
specific monitoring, record-keeping, or reporting requirement is	36664
specified for a particular air contaminant from a particular air	36665
contaminant source in an applicable regulation adopted by the	36666
United States environmental protection agency under the federal	36667
Clean Air Act or in an applicable rule adopted by the director,	36668
the director shall not impose an additional requirement in a	36669
permit that is a different monitoring, record-keeping, or	36670
reporting requirement other than the requirement specified in the	36671
applicable regulation or rule for that air contaminant except as	36672
otherwise agreed to by the owner or operator of the air	36673
contaminant source and the director. If two or more regulations or	36674
rules impose different monitoring, record-keeping, or reporting	36675
requirements for the same air contaminant from the same air	36676
contaminant source, the director may impose permit terms and	36677
conditions that consolidate or streamline the monitoring,	36678
record-keeping, or reporting requirements in a manner that	36679
conforms with each applicable requirement. To the extent	36680
consistent with the federal Clean Air Act and except as otherwise	36681
agreed to by the owner or operator of an air contaminant source	36682
and the director, the director shall not require an operating	36683
restriction that has the practical effect of increasing the	36684
stringency of an existing applicable emission limitation or	36685
standard.	36686

(J) Establish, operate, and maintain monitoring stations and	36687
other devices designed to measure air pollution and enter into	36688
contracts with any public or private agency for the establishment,	36689
operation, or maintenance of such stations and devices;	36690

(K) By rule adopt procedures for giving reasonable public	36691
notice and conducting public hearings on any plans for the	36692
prevention, control, and abatement of air pollution that the	36693
director is required to submit to the federal government;	36694

(L) Through any employee, agent, or authorized representative	36695
of the director or the environmental protection agency, enter upon	36696
private or public property, including improvements thereon, at any	36697
reasonable time, to make inspections, take samples, conduct tests,	36698
and examine records or reports pertaining to any emission of air	36699
contaminants and any monitoring equipment or methods and to	36700
determine if there are any actual or potential emissions from such	36701
premises and, if so, to determine the sources, amounts, contents,	36702
and extent of those emissions, or to ascertain whether there is	36703
compliance with this chapter, any orders issued or rules adopted	36704
thereunder, or any other determination of the director. The	36705
director, at reasonable times, may have access to and copy any	36706
such records. If entry or inspection authorized by this division	36707
is refused, hindered, or thwarted, the director or the director's	36708
authorized representative may by affidavit apply for, and any	36709
judge of a court of record may issue, an appropriate inspection	36710
warrant necessary to achieve the purposes of this chapter within	36711
the court's territorial jurisdiction.	36712

(M) Accept and administer gifts or grants from the federal	36713
government and from any other source, public or private, for	36714
carrying out any of the functions under this chapter;	36715

(N) Obtain necessary scientific, technical, and laboratory	36716
services;	36717

(O) Establish advisory boards in accordance with section	36718
121.13 of the Revised Code;	36719

(P) Delegate to any city or general health district or	36720
political subdivision of the state any of the director's	36721
enforcement and monitoring powers and duties, other than	36722
rule-making powers, as the director elects to delegate, and in	36723
addition employ, compensate, and prescribe the powers and duties	36724
of such officers, employees, and consultants as are necessary to	36725
enable the director to exercise the authority and perform duties	36726
imposed upon the director by law. Technical and other services	36727
shall be performed, insofar as practical, by personnel of the	36728
environmental protection agency.	36729

(Q) Certify to the government of the United States or any	36730
agency thereof that an industrial air pollution facility is in	36731
conformity with the state program or requirements for control of	36732
air pollution whenever such certificate is required for a taxpayer	36733
pursuant to any federal law or requirements;	36734

(R) Issue, modify, or revoke orders requiring abatement of or	36735
prohibiting emissions that violate applicable emission standards	36736
or other requirements of this chapter and rules adopted	36737
thereunder, or requiring emission control devices or measures in	36738
order to comply with applicable emission standards or other	36739
requirements of this chapter and rules adopted thereunder. Any	36740
such order shall require compliance with applicable emission	36741
standards by a specified date and shall not conflict with any	36742
requirement of the federal Clean Air Act. In the making of such	36743
orders, the director, to the extent consistent with the federal	36744
Clean Air Act, shall give consideration to, and base the	36745
determination on, evidence relating to the technical feasibility	36746
and economic reasonableness of compliance with such orders and	36747
their relation to benefits to the people of the state to be	36748
derived from such compliance. If, under the federal Clean Air Act,	36749
any such order shall provide for the posting of a bond or surety	36750
to secure compliance with the order as a condition of issuance of	36751
the order, the order shall so provide, but only to the extent	36752
required by the federal Clean Air Act.	36753

(S) To the extent provided by the federal Clean Air Act,	36754
adopt, modify, and rescind rules providing for the administrative	36755
assessment and collection of monetary penalties, not in excess of	36756
those required pursuant to the federal Clean Air Act, for failure	36757
to comply with any emission limitation or standard, compliance	36758
schedule, or other requirement of any rule, order, permit, or	36759
variance issued or adopted under this chapter or required under	36760
the applicable implementation plan whether or not the source is	36761
subject to a federal or state consent decree. The director may	36762
require the submission of compliance schedules, calculations of	36763
penalties for noncompliance, and related information. Any orders,	36764
payments, sanctions, or other requirements imposed pursuant to	36765
rules adopted under this division shall be in addition to any	36766
other permits, orders, payments, sanctions, or other requirements	36767
established under this chapter and shall not affect any civil or	36768
criminal enforcement proceedings brought under any provision of	36769
this chapter or any other provision of state or local law. This	36770
division does not apply to any requirement of this chapter	36771
regarding the prevention or abatement of odors.	36772

(T) Require new or modified air contaminant sources to	36773
install best available technology, but only in accordance with	36774
this division. With respect to permits issued pursuant to division	36775
(F) of this section beginning three years after ~~the effective date~~	36776
~~of this amendment~~August 3, 2006, best available technology for	36777
air contaminant sources and air contaminants emitted by those	36778
sources that are subject to standards adopted under section 112,	36779
Part C of Title I, and Part D of Title I of the federal Clean Air	36780
Act shall be equivalent to and no more stringent than those	36781
standards. For an air contaminant or precursor of an air	36782
contaminant for which a national ambient air quality standard has	36783
been adopted under the federal Clean Air Act, best available	36784
technology only shall be required to the extent required by rules	36785
adopted under Chapter 119. of the Revised Code for permit to	36786
install applications filed three or more years after ~~the effective~~	36787
~~date of this amendment~~August 3, 2006.	36788

Best available technology requirements established in rules	36789
adopted under this division shall be expressed only in one of the	36790
following ways that is most appropriate for the applicable source	36791
or source categories:	36792

(1) Work practices;

36793

(2) Source design characteristics or design efficiency of	36794
applicable air contaminant control devices;	36795

(3) Raw material specifications or throughput limitations	36796
averaged over a twelve-month rolling period;	36797

(4) Monthly allowable emissions averaged over a twelve-month	36798
rolling period.	36799

Best available technology requirements shall not apply to an	36800
air contaminant source that has the potential to emit, taking into	36801
account air pollution controls installed on the source, less than	36802
ten tons per year of emissions of an air contaminant or precursor	36803
of an air contaminant for which a national ambient air quality	36804
standard has been adopted under the federal Clean Air Act. In	36805
addition, best available technology requirements established in	36806
rules adopted under this division shall not apply to any existing,	36807
new, or modified air contaminant source that is subject to a	36808
plant-wide applicability limit that has been approved by the	36809
director. Further, best available technology requirements	36810
established in rules adopted under this division shall not apply	36811
to general permits issued prior to January 1, 2006, under rules	36812
adopted under this chapter.	36813

For permits to install issued three or more years after ~~the~~	36814
~~effective date of this amendment~~August 3, 2006, any new or	36815
modified air contaminant source that has the potential to emit,	36816
taking into account air pollution controls installed on the	36817
source, ten or more tons per year of volatile organic compounds or	36818
nitrogen oxides shall meet, at a minimum, the requirements of any	36819
applicable reasonably available control technology rule in effect	36820
as of January 1, 2006, regardless of the location of the source.	36821

(U) Consistent with section 507 of the federal Clean Air Act,	36822
adopt, modify, suspend, and rescind rules for the establishment of	36823
a small business stationary source technical and environmental	36824
compliance assistance program as provided in section 3704.18 of	36825
the Revised Code;	36826

(V) Provide for emissions trading, marketable permits,	36827
auctions of emission rights, and economic incentives that would	36828
reduce the cost or increase the efficiency of achieving a	36829
specified level of environmental protection;	36830

(W) Provide for the construction of an air contaminant source	36831
prior to obtaining a permit to install pursuant to division (F) of	36832
this section if the applicant demonstrates that the source will be	36833
installed to comply with all applicable emission limits and will	36834
not adversely affect public health or safety or the environment	36835
and if the director determines that such an action will avoid an	36836
unreasonable hardship on the owner or operator of the source. Any	36837
such determination shall be consistent with the federal Clean Air	36838
Act.	36839

(X) Exercise all incidental powers, including adoption of	36840
rules, required to carry out this chapter.	36841

The environmental protection agency shall develop a plan to	36842
control air pollution resulting from state-operated facilities and	36843
property.	36844

Sec. 3704.14. (A) It is the intent of the general assembly	36845
that the enhanced motor vehicle inspection and maintenance program	36846
that was in operation pursuant to the federal Clean Air Act on	36847
January 3, 2006, in certain counties of this state pursuant to a	36848
contract that is scheduled to expire on December 31, 2007, not be	36849
extended beyond that date in those counties. If the governor	36850
determines that the extension of a transportation-based ozone	36851
reduction program in those counties is necessary to comply with	36852
federal law, the governor, by executive order, may extend the	36853
compliance efforts of this state for one year using the most cost	36854
effective, least costly, consumer accommodating, and decentralized	36855
available technology and approaches that meet federal performance	36856
standards, using an open public bidding process. Thereafter, if	36857
the governor determines that continuation of the enhanced motor	36858
vehicle inspection and maintenance program is necessary in those	36859
counties to comply with federal law, the governor, by executive	36860
order, may extend that program for an additional year or as	36861
otherwise required to comply with applicable law. The cost of any	36862
program shall be paid by the state from the auto emissions test	36863
fund, which is hereby created in the state treasury. The fund	36864
shall consist of money appropriated to it and shall be	36865
administered by the director of environmental protection.	36866

An executive order issued under this division shall include	36867
provisions providing the authority that is necessary for the	36868
environmental protection agency to adopt decentralized approaches	36869
that meet federal performance standards through program design	36870
changes that affect normal inspection and maintenance input	36871
parameters to the mobile source emission factor model or through	36872
program changes that reduce in-use mobile source emissions. Upon	36873
issuance of such an executive order, the governor shall notify the	36874
general assembly in writing of the governor's decision to issue	36875
the executive order.	36876

(B)(1) It is the intent of the general assembly that a	36877
tailpipe motor vehicle inspection and maintenance program not be	36878
implemented in any county in the state. Moreover, it is the intent	36879
of the general assembly that, if a motor vehicle-based ozone	36880
testing program is mandated by federal law for counties in the	36881
northeastern portion of this state, a tailpipe motor vehicle	36882
inspection and maintenance program not be implemented and that an	36883
onboard diagnostic only inspection and gas-cap testing program be	36884
utilized to satisfy any federal requirements for vehicle emissions	36885
testing.	36886

(2) If any motor vehicle testing program is established under	36887
this section, the director shall ensure that motor vehicles that	36888
are four years old or newer are exempt from the testing program.	36889

(C) Not later than thirty days after the effective date of	36890
this section and on the first day of January of each subsequent	36891
year, the director shall request the United States environmental	36892
protection agency to provide to the director a list of alternative	36893
approaches to meet federal performance standards and program	36894
changes that this state may employ to comply with the federal	36895
Clean Air Act in lieu of the implementation of a motor vehicle	36896
inspection and maintenance program. Based on the information	36897
received from the United States environmental protection agency,	36898
the director shall prepare a report concerning those alternative	36899
approaches. The director shall issue the report and provide it to	36900
the general assembly not later than thirty days after receiving	36901
the list of alternative approaches from the United States	36902
environmental protection agency.	36903

Sec. 3705.24. (A)(1) The public health council shall, in	36904
accordance with section 111.15 of the Revised Code, adopt rules	36905
prescribing fees for the following services provided by the state	36906
office of vital statistics:	36907

(a) Except as provided in division (A)(4) of this section:

36908

(i) A certified copy of a vital record or a certification of	36909
birth;	36910

(ii) A search by the office of vital statistics of its files	36911
and records pursuant to a request for information, regardless of	36912
whether a copy of a record is provided;	36913

(iii) A copy of a record provided pursuant to a request;

36914

(b) Replacement of a birth certificate following an adoption,	36915
legitimation, paternity determination or acknowledgement, or court	36916
order;	36917

36918

(d) Amendment of a vital record that is requested later than	36919
one year after the filing date of the vital record;	36920

(e) Any other documents or services for which the public	36921
health council considers the charging of a fee appropriate.	36922

(2) Fees prescribed under division (A)(1)(a) of this section	36923
shall not be less than seven dollars.	36924

(3) Fees prescribed under division (A)(1) of this section	36925
shall be collected in addition to any fees required by sections	36926
3109.14 and 3705.242 of the Revised Code.	36927

(4) Fees prescribed under division (A) of this section shall	36928
not apply to certifications issued under division (H) of this	36929
section or copies provided under section 3705.241 of the Revised	36930
Code.	36931

(B) In addition to the fees prescribed under division (A) of	36932
this section or section 3709.09 of the Revised Code, the office of	36933
vital statistics or the board of health of a city or general	36934
health district shall charge a five-dollar fee for each certified	36935
copy of a vital record and each certification of birth. This fee	36936
shall be deposited in the general operations fund created under	36937
section 3701.83 of the Revised Code and be used ~~solely toward~~to	36938
support the operations, the modernization, and the automation of	36939
the ~~system of~~ vital records program in this state. A board of	36940
health shall forward all fees collected under this division to the	36941
department of health not later than thirty days after the end of	36942
each calendar quarter.	36943

(C) Except as otherwise provided in division (H) of this	36944
section, and except as provided in section 3705.241 of the Revised	36945
Code, fees collected by the director of health under sections	36946
3705.01 to 3705.29 of the Revised Code shall be paid into the	36947
state treasury to the credit of the general operations fund	36948
created by section 3701.83 of the Revised Code. Except as	36949
provided in division (B) of this section, money generated by the	36950
fees shall be used only for administration and enforcement of this	36951
chapter and the rules adopted under it. Amounts submitted to the	36952
department of health for copies of vital records or services in	36953
excess of the fees imposed by this section shall be dealt with as	36954
follows:	36955

(1) An overpayment of two dollars or less shall be retained	36956
by the department and deposited in the state treasury to the	36957
credit of the general operations fund created by section 3701.83	36958
of the Revised Code.	36959

(2) An overpayment in excess of two dollars shall be returned	36960
to the person who made the overpayment.	36961

(D) If a local registrar is a salaried employee of a city or	36962
a general health district, any fees the local registrar receives	36963
pursuant to section 3705.23 of the Revised Code shall be paid into	36964
the general fund of the city or the health fund of the general	36965
health district.	36966

Each local registrar of vital statistics, or each health	36967
district where the local registrar is a salaried employee of the	36968
district, shall be entitled to a fee for each birth, fetal death,	36969
death, or military service certificate properly and completely	36970
made out and registered with the local registrar or district and	36971
correctly copied and forwarded to the office of vital statistics	36972
in accordance with the population of the primary registration	36973
district at the last federal census. The fee for each birth, fetal	36974
death, death, or military service certificate shall be:	36975

(1) In primary registration districts of over two hundred	36976
fifty thousand, twenty cents;	36977

(2) In primary registration districts of over one hundred	36978
twenty-five thousand and less than two hundred fifty thousand,	36979
sixty cents;	36980

(3) In primary registration districts of over fifty thousand	36981
and less than one hundred twenty-five thousand, eighty cents;	36982

(4) In primary registration districts of less than fifty	36983
thousand, one dollar.	36984

(E) The director of health shall annually certify to the	36985
county treasurers of the several counties the number of birth,	36986
fetal death, death, and military service certificates registered	36987
from their respective counties with the names of the local	36988
registrars and the amounts due each registrar and health district	36989
at the rates fixed in this section. Such amounts shall be paid by	36990
the treasurer of the county in which the registration districts	36991
are located. No fees shall be charged or collected by registrars	36992
except as provided by this chapter and section 3109.14 of the	36993
Revised Code.	36994

(F) A probate judge shall be paid a fee of fifteen cents for	36995
each certified abstract of marriage prepared and forwarded by the	36996
probate judge to the department of health pursuant to section	36997
3705.21 of the Revised Code. The fee shall be in addition to the	36998
fee paid for a marriage license and shall be paid by the	36999
applicants for the license.	37000

(G) The clerk of a court of common pleas shall be paid a fee	37001
of one dollar for each certificate of divorce, dissolution, and	37002
annulment of marriage prepared and forwarded by the clerk to the	37003
department pursuant to section 3705.21 of the Revised Code. The	37004
fee for the certified abstract of divorce, dissolution, or	37005
annulment of marriage shall be added to the court costs allowed in	37006
these cases.	37007

(H) The fee for an heirloom certification of birth issued	37008
pursuant to division (B)(2) of section 3705.23 of the Revised Code	37009
shall be an amount prescribed by rule by the director of health	37010
plus any fee required by section 3109.14 of the Revised Code. In	37011
setting the amount of the fee, the director shall establish a	37012
surcharge in addition to an amount necessary to offset the expense	37013
of processing heirloom certifications of birth. The fee prescribed	37014
by the director of health pursuant to this division shall be	37015
deposited into the state treasury to the credit of the heirloom	37016
certification of birth fund which is hereby created. Money	37017
credited to the fund shall be used by the office of vital	37018
statistics to offset the expense of processing heirloom	37019
certifications of birth. However, the money collected for the	37020
surcharge, subject to the approval of the controlling board, shall	37021
be used for the purposes specified by the family and children	37022
first council pursuant to section 121.37 of the Revised Code.	37023

Sec. 3706.01. As used in this chapter:

37024

(A) "Governmental agency" means a department, division, or	37025
other unit of state government, a municipal corporation, county,	37026
township, and other political subdivision, or any other public	37027
corporation or agency having the power to acquire, construct, or	37028
operate air quality facilities, the United States or any agency	37029
thereof, and any agency, commission, or authority established	37030
pursuant to an interstate compact or agreement.	37031

(B) "Person" means any individual, firm, partnership,	37032
association, or corporation, or any combination thereof.	37033

(C) "Air contaminant" means particulate matter, dust, fumes,	37034
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	37035
odorous substance, or any combination thereof.	37036

(D) "Air pollution" means the presence in the ambient air of	37037
one or more air contaminants in sufficient quantity and of such	37038
characteristics and duration as to injure human health or welfare,	37039
plant or animal life, or property, or that unreasonably interferes	37040
with the comfortable enjoyment of life or property.	37041

(E) "Ambient air" means that portion of the atmosphere	37042
outside of buildings and other enclosures, stacks, or ducts that	37043
surrounds human, plant, or animal life, or property.	37044

(F) "Emission" means the release into the outdoor atmosphere	37045
of an air contaminant.	37046

(G) "Air quality facility" means any of the following:

37047

(1) Any method, modification or replacement of property,	37048
process, device, structure, or equipment that removes, reduces,	37049
prevents, contains, alters, conveys, stores, disperses, or	37050
disposes of air contaminants or substances containing air	37051
contaminants, or that renders less noxious or reduces the	37052
concentration of air contaminants in the ambient air, including,	37053
without limitation, facilities and expenditures that qualify as	37054
air pollution control facilities under section 103 (C)(4)(F) of	37055
the Internal Revenue Code of 1954, as amended, and regulations	37056
adopted thereunder;	37057

(2) Motor vehicle inspection stations operated in accordance	37058
with, and any equipment used for motor vehicle inspections	37059
conducted under, section 3704.14 of the Revised Code and rules	37060
adopted under it;	37061

(3) Ethanol or other biofuel facilities, including any	37062
equipment used at the ethanol or other biofuel facility for the	37063
production of ethanol or other biofuels;	37064

(4) Any property or portion thereof used for the collection,	37065
storage, treatment, utilization, processing, or final disposal of	37066
a by-product or solid waste resulting from any method, process,	37067
device, structure, or equipment that removes, reduces, prevents,	37068
contains, alters, conveys, stores, disperses, or disposes of air	37069
contaminants, or that renders less noxious or reduces the	37070
concentration of air contaminants in the ambient air;	37071

(5) Any property, device, or equipment that promotes the	37072
reduction of emissions of air contaminants into the ambient air	37073
through improvements in the efficiency of energy utilization or	37074
energy conservation;	37075

(6) Any coal research and development project conducted under	37076
Chapter 1555. of the Revised Code;	37077

(7) As determined by the director of the Ohio coal	37078
development office, any property or portion thereof that is used	37079
for the collection, storage, treatment, utilization, processing,	37080
or final disposal of a by-product resulting from a coal research	37081
and development project as defined in section 1555.01 of the	37082
Revised Code or from the use of clean coal technology, excluding	37083
any property or portion thereof that is used primarily for other	37084
subsequent commercial purposes;	37085

(8) Any property or portion thereof that is part of the	37086
FutureGen project of the United States department of energy or	37087
related to the siting of the FutureGen project.	37088

"Air quality facility" further includes any property or	37089
system to be used in whole or in part for any of the purposes in	37090
divisions (G)(1) to (8) of this section, whether another purpose	37091
is also served, and any property or system incidental to or that	37092
has to do with, or the end purpose of which is, any of the	37093
foregoing. Air quality facilities that are defined in this	37094
division for industry, commerce, distribution, or research,	37095
including public utility companies, are hereby determined to be	37096
those that qualify as facilities for the control of air pollution	37097
and thermal pollution related to air under Section 13 of Article	37098
VIII, Ohio Constitution.	37099

(H) "Project" or "air quality project" means any air quality	37100
facility, including undivided or other interests therein, acquired	37101
or to be acquired or constructed or to be constructed by the Ohio	37102
air quality development authority under this chapter, or acquired	37103
or to be acquired or constructed or to be constructed by a	37104
governmental agency or person with all or a part of the cost	37105
thereof being paid from a loan or grant from the authority under	37106
this chapter or otherwise paid from the proceeds of air quality	37107
revenue bonds, including all buildings and facilities that the	37108
authority determines necessary for the operation of the project,	37109
together with all property, rights, easements, and interests that	37110
may be required for the operation of the project.	37111

(I) "Cost" as applied to an air quality project means the	37112
cost of acquisition and construction, the cost of acquisition of	37113
all land, rights-of-way, property rights, easements, franchise	37114
rights, and interests required for such acquisition and	37115
construction, the cost of demolishing or removing any buildings or	37116
structures on land so acquired, including the cost of acquiring	37117
any lands to which such buildings or structures may be moved, the	37118
cost of acquiring or constructing and equipping a principal office	37119
and sub-offices of the authority, the cost of diverting highways,	37120
interchange of highways, and access roads to private property,	37121
including the cost of land or easements for such access roads, the	37122
cost of public utility and common carrier relocation or	37123
duplication, the cost of all machinery, furnishings, and	37124
equipment, financing charges, interest prior to and during	37125
construction and for no more than eighteen months after completion	37126
of construction, engineering, expenses of research and development	37127
with respect to air quality facilities, the cost of any commodity	37128
contract, including fees and expenses related thereto, legal	37129
expenses, plans, specifications, surveys, studies, estimates of	37130
cost and revenues, working capital, other expenses necessary or	37131
incident to determining the feasibility or practicability of	37132
acquiring or constructing such project, administrative expense,	37133
and such other expense as may be necessary or incident to the	37134
acquisition or construction of the project, the financing of such	37135
acquisition or construction, including the amount authorized in	37136
the resolution of the authority providing for the issuance of air	37137
quality revenue bonds to be paid into any special funds from the	37138
proceeds of such bonds, and the financing of the placing of such	37139
project in operation. Any obligation, cost, or expense incurred by	37140
any governmental agency or person for surveys, borings,	37141
preparation of plans and specifications, and other engineering	37142
services, or any other cost described above, in connection with	37143
the acquisition or construction of a project may be regarded as a	37144
part of the cost of that project and may be reimbursed out of the	37145
proceeds of air quality revenue bonds as authorized by this	37146
chapter.	37147

(J) "Owner" includes an individual, copartnership,	37148
association, or corporation having any title or interest in any	37149
property, rights, easements, or interests authorized to be	37150
acquired by this chapter.	37151

(K) "Revenues" means all rentals and other charges received	37152
by the authority for the use or services of any air quality	37153
project, any gift or grant received with respect to any air	37154
quality project, any moneys received with respect to the lease,	37155
sublease, sale, including installment sale or conditional sale, or	37156
other disposition of an air quality project, moneys received in	37157
repayment of and for interest on any loans made by the authority	37158
to a person or governmental agency, whether from the United States	37159
or any department, administration, or agency thereof, or	37160
otherwise, proceeds of such bonds to the extent that use thereof	37161
for payment of principal of, premium, if any, or interest on the	37162
bonds is authorized by the authority, amounts received or	37163
otherwise derived from a commodity contract or from the sale of	37164
the related commodity under such a contract, proceeds from any	37165
insurance, condemnation, or guaranty pertaining to a project or	37166
property mortgaged to secure bonds or pertaining to the financing	37167
of the project, and income and profit from the investment of the	37168
proceeds of air quality revenue bonds or of any revenues.	37169

(L) "Public roads" includes all public highways, roads, and	37170
streets in the state, whether maintained by the state, county,	37171
city, township, or other political subdivision.	37172

(M) "Public utility facilities" includes tracks, pipes,	37173
mains, conduits, cables, wires, towers, poles, and other equipment	37174
and appliances of any public utility.	37175

(N) "Construction," unless the context indicates a different	37176
meaning or intent, includes reconstruction, enlargement,	37177
improvement, or providing furnishings or equipment.	37178

(O) "Air quality revenue bonds," unless the context indicates	37179
a different meaning or intent, includes air quality revenue notes,	37180
air quality revenue renewal notes, and air quality revenue	37181
refunding bonds, except that notes issued in anticipation of the	37182
issuance of bonds shall have a maximum maturity of five years as	37183
provided in section 3706.05 of the Revised Code and notes or	37184
renewal notes issued as the definitive obligation may be issued	37185
maturing at such time or times with a maximum maturity of forty	37186
years from the date of issuance of the original note.	37187

(P) "Solid waste" means any garbage; refuse; sludge from a	37188
waste water treatment plant, water supply treatment plant, or air	37189
pollution control facility; and other discarded material,	37190
including solid, liquid, semisolid, or contained gaseous material	37191
resulting from industrial, commercial, mining, and agricultural	37192
operations, and from community activities, but not including solid	37193
or dissolved material in domestic sewage, or solid or dissolved	37194
material in irrigation return flows or industrial discharges that	37195
are point sources subject to permits under section 402 of the	37196
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	37197
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	37198
byproduct material as defined by the "Atomic Energy Act of 1954,"	37199
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	37200

(Q) "Sludge" means any solid, semisolid, or liquid waste,	37201
other than a recyclable by-product, generated from a municipal,	37202
commercial, or industrial waste water treatment plant, water	37203
supply plant, or air pollution control facility or any other such	37204
wastes having similar characteristics and effects.	37205

(R) "Ethanol or other biofuel facility" means a plant at	37206
which ethanol or other biofuel is produced.	37207

(S) "Ethanol" means fermentation ethyl alcohol derived from	37208
agricultural products, including potatoes, cereal, grains, cheese	37209
whey, and sugar beets; forest products; or other renewable or	37210
biomass resources, including residue and waste generated from the	37211
production, processing, and marketing of agricultural products,	37212
forest products, and other renewable or biomass resources, that	37213
meets all of the specifications in the American society for	37214
testing and materials (ASTM) specification D 4806-88 and is	37215
denatured as specified in Parts 20 and 21 of Title 27 of the Code	37216
of Federal Regulations.	37217

(T) "Biofuel" means any fuel that is made from cellulosic	37218
biomass resources, including renewable organic matter, crop waste	37219
residue, wood, aquatic plants and other crops, animal waste, solid	37220
waste, or sludge, and that is used for the production of energy	37221
for transportation or other purposes.	37222

(U) "FutureGen project" means the buildings, equipment, and	37223
real property and functionally related buildings, equipment, and	37224
real property, including related research projects that support	37225
the development and operation of the buildings, equipment, and	37226
real property, designated by the United States department of	37227
energy and the FutureGen industrial alliance, inc., as the	37228
coal-fueled, zero-emissions power plant designed to prove the	37229
technical and economic feasibility of producing electricity and	37230
hydrogen from coal and nearly eliminating carbon dioxide emissions	37231
through capture and permanent storage.	37232

(V) "Commodity contract" means a contract or series of	37233
contracts entered into in connection with the acquisition or	37234
construction of air quality facilities for the purchase or sale of	37235
a commodity that is eligible for prepayment with the proceeds of	37236
federally tax exempt bonds under sections 103, 141, and 148 of the	37237
Internal Revenue Code of 1986, as amended, and regulations adopted	37238
under it.	37239

Sec. 3706.03. It is hereby declared to be the public policy	37240
of the state through the operations of the Ohio air quality	37241
development authority under this chapter to contribute toward one	37242
or more of the following: to provide for the conservation of air	37243
as a natural resource of the state, and to prevent or abate the	37244
pollution thereof, to provide for the comfort, health, safety, and	37245
general welfare of all employees, as well as all other inhabitants	37246
of the state, to assist in the financing of air quality facilities	37247
for industry, commerce, distribution, and research, including	37248
public utility companies, to create or preserve jobs and	37249
employment opportunities or improve the economic welfare of the	37250
people, or assist and cooperate with governmental agencies in	37251
achieving such purposes. In furtherance of such public policy the	37252
Ohio air quality development authority may initiate, acquire,	37253
construct, maintain, repair, and operate air quality projects or	37254
cause the same to be operated pursuant to a lease, sublease, or	37255
agreement with any person or governmental agency; may make loans	37256
and grants to governmental agencies for the acquisition or	37257
construction of air quality facilities by such governmental	37258
agencies; may make loans to persons for the acquisition or	37259
construction of air quality facilities by such persons; may enter	37260
into commodity contracts with, or make loans for the purpose of	37261
entering into commodity contracts to, any person, governmental	37262
agency, or entity located within or without the state in	37263
connection with the acquisition or construction of air quality	37264
facilities; and may issue air quality revenue bonds of this state	37265
payable solely from revenues, to pay the cost of such projects,	37266
including any related commodity contracts. Any air quality project	37267
shall be determined by the authority to be not inconsistent with	37268
any applicable air quality standards duly established and then	37269
required to be met pursuant to the "Clean Air Act," 84 Stat. 1679	37270
(1970), 42 U.S.C.A. 1857, as amended. Any resolution of the	37271
authority providing for acquiring or constructing such projects or	37272
for making a loan or grant for such projects shall include a	37273
finding by the authority that such determination has been made.	37274
Determinations by resolution of the authority that a project is an	37275
air quality facility under this chapter and is consistent with the	37276
purposes of section 13 of Article VIII, Ohio Constitution, and	37277
this chapter, shall be conclusive as to the validity and	37278
enforceability of the air quality revenue bonds issued to finance	37279
such project and of the resolutions, trust agreements or	37280
indentures, leases, subleases, sale agreements, loan agreements,	37281
and other agreements made in connection therewith, all in	37282
accordance with their terms.	37283

Sec. 3706.041. (A) With respect to projects, and the	37284
financing thereof, for industry, commerce, distribution, or	37285
research, including public utility companies, under agreements	37286
whereby the person to whom the project is to be leased, subleased,	37287
or sold, or to whom a loan is to be made for the project, is to	37288
make payments sufficient to pay all of the principal of, premium,	37289
if any, and interest on the air quality revenue bonds issued for	37290
the project, or the counterparty under any related commodity	37291
contract agrees to make payments sufficient in amount to pay all	37292
of the principal of, premium, if any, and interest on the related	37293
air quality revenue bonds, the Ohio air quality development	37294
authority may, in addition to other powers under this chapter:	37295

(1) Make loans for the acquisition or construction of the	37296
project to such person upon such terms as the authority may	37297
determine or authorize, including secured or unsecured loans, and,	37298
in connection therewith, enter into loan agreements and other	37299
agreements, including commodity contracts, accept notes and other	37300
forms of obligation to evidence such indebtedness and mortgages,	37301
liens, pledges, assignments, or other security interests to secure	37302
such indebtedness, which may be prior or ~~subordinnate~~subordinate	37303
to or on a parity with other indebtedness, obligations, mortgages,	37304
pledges, assignments, other security interests, or liens or	37305
encumbrances, and take such actions as may be considered by it	37306
appropriate to protect such security and safeguard against losses,	37307
including, without limitation thereto, foreclosure and the bidding	37308
upon and purchase of property upon foreclosure or other sale.	37309

(2) Sell such project under such terms as it may determine,	37310
including, without limitation thereto, sale by conditional sale or	37311
installment sale, under which title may pass prior to or after	37312
completion of the project or payment or provisions for payment of	37313
all principal of, premium, if any, and interest on such bonds, or	37314
at any other time provided in such agreement pertaining to such	37315
sale, and including sale under an option to purchase at a price	37316
which may be a nominal amount or less than true value at the time	37317
of purchase.	37318

(3) Grant a mortgage, lien, or other encumbrance on, or	37319
pledge or assignment of, or other security interest with respect	37320
to, all or any part of the project, revenues, reserve funds, or	37321
other funds established in connection with such bonds, or on, of,	37322
or with respect to any lease, sublease, sale, conditional sale or	37323
installment sale agreement, loan agreement, or other agreement	37324
pertaining to the lease, sublease, sale, or other disposition of a	37325
project or pertaining to a loan made for a project, or any	37326
guaranty or insurance agreement made with respect thereto, or any	37327
interest of the authority therein, or any other interest granted,	37328
assigned, or released to secure payments of the principal of,	37329
premium, if any, or interest on the bonds or to secure any other	37330
payments to be made by the authority, which mortgage, lien,	37331
encumbrance, pledge, assignment, or other security interest may be	37332
prior or subordinate to or on a parity with any other mortgage,	37333
assignment, other security interest, or lien or encumbrance.	37334

(4) Provide that the interest on such bonds may be at a	37335
variable rate or rates changing from time to time in accordance	37336
with a base or formula as authorized by the authority.	37337

(5) Contract for the acquisition or construction of such	37338
project or any part thereof, including any related commodity	37339
contracts, and for the leasing, subleasing, sale or other	37340
disposition of such project in a manner determined by the	37341
authority in its sole discretion, without necessity for	37342
competitive bidding or performance bonds.	37343

(B) Property comprising a project shall not be subject to	37344
taxes or assessments and so long as the bonds or notes issued to	37345
finance the costs of such project are outstanding, and the	37346
transfer of title to or possession of such property to the person	37347
to whom a loan or installment sale or conditional sale with	37348
respect to such project is made shall not be subject to the taxes	37349
levied pursuant to Chapters 5739. and 5741. of the Revised Code.	37350

The authority shall certify the property comprising a project	37351
which is exempt from taxes and assessments pursuant to this	37352
section, and shall send, by certified mail, copies of such	37353
certification to the owner of such exempt property, to the tax	37354
commissioner, and to the county auditor of the county or counties	37355
in which any such exempt property is located.	37356

Each county auditor shall maintain a separate list of all	37357
property exempt pursuant to this section and sections 6121.044 and	37358
6123.041 of the Revised Code, in addition to the list of exempt	37359
property required to be maintained pursuant to section 5713.07 of	37360
the Revised Code.	37361

(C) The authority, in the lease, sale or loan agreement with	37362
respect to a project referred to in division (A) of this section,	37363
shall make appropriate provision for adequate maintenance of the	37364
project.	37365

(D) With respect to the projects referred to in this section,	37366
the authority granted by this section is cumulative and	37367
supplementary to all other authority granted in this chapter. The	37368
authority granted by this section does not alter or impair any	37369
similar authority granted elsewhere in this chapter for or with	37370
respect to other projects.	37371

Sec. 3706.05. The Ohio air quality development authority may	37372
at any time issue revenue bonds and notes of the state in such	37373
principal amount as, in the opinion of the authority, are	37374
necessary for the purpose of paying any part of the cost of one or	37375
more air quality projects or parts thereof, including one or more	37376
payments pursuant to a commodity contract entered into in	37377
connection with the acquisition or construction of air quality	37378
facilities. The authority may at any time issue renewal notes,	37379
issue bonds to pay such notes and whenever it deems refunding	37380
expedient, refund any bonds by the issuance of air quality revenue	37381
refunding bonds of the state, whether the bonds to be refunded	37382
have or have not matured, and issue bonds partly to refund bonds	37383
then outstanding, and partly for any other authorized purpose. The	37384
refunding bonds shall be sold and the proceeds applied to the	37385
purchase, redemption, or payment of the bonds to be refunded.	37386
Except as may otherwise be expressly provided by the authority,	37387
every issue of its bonds or notes shall be general obligations of	37388
the authority payable out of the revenues of the authority that	37389
are pledged for such payment, without preference or priority of	37390
the first bonds issued, subject only to any agreements with the	37391
holders of particular bonds or notes pledging any particular	37392
revenues. Such pledge shall be valid and binding from the time the	37393
pledge is made and the revenues so pledged and thereafter received	37394
by the authority shall immediately be subject to the lien of such	37395
pledge without any physical delivery thereof or further act, and	37396
the lien of any such pledge is valid and binding as against all	37397
parties having claims of any kind in tort, contract, or otherwise	37398
against the authority, irrespective of whether such parties have	37399
notice thereof. Neither the resolution nor any trust agreement by	37400
which a pledge is created need be filed or recorded except in the	37401
records of the authority.	37402

Whether or not the bonds or notes are of such form and	37403
character as to be negotiable instruments, the bonds or notes	37404
shall have all the qualities and incidents of negotiable	37405
instruments, subject only to the provisions of the bonds or notes	37406
for registration.	37407

The bonds and notes shall be authorized by resolution of the	37408
authority, shall bear such date or dates, and shall mature at such	37409
time or times, in the case of any such note or any renewals	37410
thereof not exceeding five years from the date of issue of such	37411
original note and in the case of any such bond not exceeding forty	37412
years from the date of issue, as such resolution or resolutions	37413
may provide. The bonds and notes shall bear interest at such rate	37414
or rates, be in such denominations, be in such form, either coupon	37415
or registered, carry such registration privileges, be payable in	37416
such medium of payment, at such place or places, and be subject to	37417
such terms of redemption as the authority may authorize. The bonds	37418
and notes of the authority may be sold by the authority, at public	37419
or private sale, at or at not less than such price or prices as	37420
the authority determines. The bonds and notes shall be executed by	37421
the ~~chairman~~chairperson and ~~vice-chairman~~vice-chairperson of the	37422
authority, either or both of whom may use a facsimile signature,	37423
the official seal of the authority or a facsimile thereof shall be	37424
affixed thereto or printed thereon and attested, manually or by	37425
facsimile signature, by the secretary-treasurer of the authority,	37426
and any coupons attached thereto shall bear the signature or	37427
facsimile signature of the ~~chairman~~chairperson of the authority.	37428
In case any officer whose signature, or a facsimile of whose	37429
signature, appears on any bonds, notes or coupons ceases to be	37430
such officer before delivery of bonds or notes, such signature or	37431
facsimile shall nevertheless be sufficient for all purposes the	37432
same as if hethe officer had remained in office until such	37433
delivery, and in case the seal of the authority has been changed	37434
after a facsimile has been imprinted on such bonds or notes, such	37435
facsimile seal will continue to be sufficient for all purposes.	37436

Any resolution or resolutions authorizing any bonds or notes	37437
or any issue thereof may contain provisions, subject to such	37438
agreements with bondholders or noteholders as may then exist,	37439
which provisions shall be a part of the contract with the holders	37440
thereof, as to: the pledging of all or any part of the revenues of	37441
the authority to secure the payment of the bonds or notes or of	37442
any issue thereof; the use and disposition of revenues of the	37443
authority; a covenant to fix, alter, and collect rentals and other	37444
charges so that pledged revenues will be sufficient to pay costs	37445
of operation, maintenance, and repairs, pay principal of and	37446
interest on bonds or notes secured by the pledge of such revenues,	37447
and provide such reserves as may be required by the applicable	37448
resolution or trust agreement; the setting aside of reserve funds,	37449
sinking funds, or replacement and improvement funds and the	37450
regulation and disposition thereof; the crediting of the proceeds	37451
of the sale of bonds or notes to and among the funds referred to	37452
or provided for in the resolution authorizing the issuance of the	37453
bonds or notes; the use, lease, sale, or other disposition of any	37454
air quality project or any other assets of the authority;	37455
limitations on the purpose to which the proceeds of sale of bonds	37456
or notes may be applied and the pledging of such proceeds to	37457
secure the payment of the bonds or notes or of any issue thereof;	37458
as to notes issued in anticipation of the issuance of bonds, the	37459
agreement of the authority to do all things necessary for the	37460
authorization, issuance, and sale of such bonds in such amounts as	37461
may be necessary for the timely retirement of such notes;	37462
limitations on the issuance of additional bonds or notes; the	37463
terms upon which additional bonds or notes may be issued and	37464
secured; the refunding of outstanding bonds or notes; the	37465
procedure, if any, by which the terms of any contract with	37466
bondholders or noteholders may be amended or abrogated, the amount	37467
of bonds or notes the holders of which must consent thereto, and	37468
the manner in which such consent may be given; limitations on the	37469
amount of moneys to be expended by the authority for operating,	37470
administrative, or other expenses of the authority; securing any	37471
bonds or notes by a trust agreement in accordance with section	37472
3706.07 of the Revised Code; any other matters, of like or	37473
different character, that in any way affect the security or	37474
protection of the bonds or notes.	37475

Neither the members of the authority nor any person executing	37476
the bonds or notes shall be liable personally on the bonds or	37477
notes or be subject to any personal liability or accountability by	37478
reason of the issuance thereof.	37479

Sec. 3706.07. In the discretion of the Ohio air quality	37480
development authority, any air quality revenue bonds or notes or	37481
air quality revenue refunding bonds issued under Chapter 3706. of	37482
the Revised Code, may be secured by a trust agreement between the	37483
authority and a corporate trustee, which trustee may be any trust	37484
company or bank having the powers of a trust company within or	37485
without the state.	37486

Any such trust agreement may pledge or assign revenues of the	37487
authority to be received, but shall not convey or mortgage any air	37488
quality project or any part thereof. Any such trust agreement or	37489
any resolution providing for the issuance of such bonds or notes	37490
may contain such provisions for protecting and enforcing the	37491
rights and remedies of the bondholders or noteholders as are	37492
reasonable and proper and not in violation of law, including	37493
covenants setting forth the duties of the authority in relation to	37494
the acquisition of property, the construction, improvement,	37495
maintenance, repair, operation, and insurance of the air quality	37496
project or projects in connection with which such bonds or notes	37497
are authorized, the rentals or other charges to be imposed for the	37498
use or services of any air quality project, the application of	37499
revenues received or otherwise derived from a commodity contract	37500
or from the sale of the related commodity under such contract, the	37501
custody, safeguarding, and application of all moneys, and	37502
provisions for the employment of consulting engineers in	37503
connection with the construction or operation of such air quality	37504
project or projects. Any bank or trust company incorporated under	37505
the laws of this state that may act as depository of the proceeds	37506
of bonds or notes or of revenues may furnish such indemnifying	37507
bonds or may pledge such securities as are required by the	37508
authority. Any such trust agreement may set forth the rights and	37509
remedies of the bondholders and noteholders and of the trustee,	37510
and may restrict the individual right of action by bondholders and	37511
noteholders as is customary in trust agreements or trust	37512
indentures securing similar bonds. Such trust agreement may	37513
contain such other provisions as the authority determines	37514
reasonable and proper for the security of the bondholders or	37515
noteholders. All expenses incurred in carrying out the provisions	37516
of any such trust agreement may be treated as a part of the cost	37517
of the operation of the air quality project or projects. Any such	37518
trust agreement or resolution authorizing the issuance of air	37519
quality revenue bonds may provide the method whereby the general	37520
administrative overhead expenses of the authority shall be	37521
allocated among the several projects acquired or constructed by it	37522
as a factor of the operation expense of each such project.	37523

Sec. 3718.03. (A) There is hereby created the sewage	37524
treatment system technical advisory committee consisting of the	37525
director of health or the director's designee and ten members who	37526
are knowledgeable about sewage treatment systems and technologies	37527
~~to be appointed by the director~~. Of the ten members, four shall be	37528
appointed by the ~~director, one shall represent academia, two shall~~	37529
~~represent the interests of manufacturers of household sewage~~	37530
~~treatment systems, one shall represent installers and service~~	37531
~~providers, two shall be health commissioners who are members of~~	37532
~~and recommended by the association of Ohio health commissioners,~~	37533
~~one shall be a sanitarian who is registered under Chapter 4736. of~~	37534
~~the Revised Code and who is a member of the Ohio environmental~~	37535
~~health association, one shall be an engineer from the~~	37536
~~environmental protection agency, one shall be selected from among~~	37537
~~soil scientists from the division of soil and water conservation~~	37538
~~in the department of natural resources, and one shall be a~~	37539
~~representative of the public who is not employed by the state or~~	37540
~~any of its political subdivisions and who does not have a~~	37541
~~pecuniary interest in sewage treatment systems. All appointments~~	37542
~~to the committee shall be made not later than sixty days after the~~	37543
~~effective date of this section~~governor, three shall be appointed	37544
by the president of the senate, and three shall be appointed by	37545
the speaker of the house of representatives.	37546

(1) Of the members appointed by the governor, one shall	37547
represent academia, one shall be a representative of the public	37548
who is not employed by the state or any of its political	37549
subdivisions and who does not have a pecuniary interest in	37550
household sewage treatment systems, one shall be an engineer from	37551
the environmental protection agency, and one shall be selected	37552
from among soil scientists in the division of soil and water	37553
conservation in the department of natural resources.	37554

(2) Of the members appointed by the president of the senate,	37555
one shall be a health commissioner who is a member of and	37556
recommended by the association of Ohio health commissioners, one	37557
shall represent the interests of manufacturers of household sewage	37558
treatment systems, and one shall represent installers and service	37559
providers.	37560

(3) Of the members appointed by the speaker of the house of	37561
representatives, one shall be a health commissioner who is a	37562
member of and recommended by the association of Ohio health	37563
commissioners, one shall represent the interests of manufacturers	37564
of household sewage treatment systems, and one shall be a	37565
sanitarian who is registered under Chapter 4736. of the Revised	37566
Code and who is a member of the Ohio environmental health	37567
association.	37568

(B) ~~Of the initial members appointed by the director to the~~	37569
~~technical advisory committee, three shall be appointed for one~~	37570
~~year, three shall be appointed for two years, and four shall be~~	37571
~~appointed for three years. Thereafter, terms~~Terms of members	37572
appointed to the committee shall be for three years, with each	37573
term ending on the same day of the same month as did the term that	37574
it succeeds. Each member shall serve from the date of appointment	37575
until the end of the term for which the member was appointed.	37576

Members may be reappointed. Vacancies shall be filled in the	37577
same manner as provided for original appointments. Any member	37578
appointed to fill a vacancy occurring prior to the expiration date	37579
of the term for which the member was appointed shall hold office	37580
for the remainder of that term. A member shall continue to serve	37581
after the expiration date of the member's term until the member's	37582
successor is appointed or until a period of sixty days has	37583
elapsed, whichever occurs first. The ~~director~~applicable	37584
appointing authority may remove a member from the committee for	37585
failure to attend two consecutive meetings without showing good	37586
cause for the absences.	37587

(C) ~~The director or the director's designee shall serve as~~	37588
~~the chairperson of the technical advisory committee.~~ The technical	37589
advisory committee annually shall select from among its members a	37590
chairperson and a vice-chairperson and a secretary to keep a	37591
record of its proceedings. A majority vote of the members of the	37592
full committee is necessary to take action on any matter. The	37593
committee may adopt bylaws governing its operation, including	37594
bylaws that establish the frequency of meetings.	37595

(D) Serving as a member of the sewage treatment system	37596
technical advisory committee does not constitute holding a public	37597
office or position of employment under the laws of this state and	37598
does not constitute grounds for removal of public officers or	37599
employees from their offices or positions of employment. Members	37600
of the committee shall serve without compensation for attending	37601
committee meetings.	37602

(E) A member of the committee shall not have a conflict of	37603
interest with the position. For the purposes of this division,	37604
"conflict of interest" means the taking of any action that	37605
violates any provision of Chapter 102. or 2921. of the Revised	37606
Code.	37607

(F) The sewage treatment system technical advisory committee	37608
shall do all of the following:	37609

(1) Develop with the department of health standards and	37610
guidelines for ~~use by the director in~~ approving or disapproving a	37611
sewage treatment system or components of a system under section	37612
3718.04 of the Revised Code;	37613

(2) Develop with the department an application form to be	37614
submitted to the director by an applicant for approval or	37615
disapproval of a sewage treatment system or components of a system	37616
and specify the information that must be included with an	37617
application form;	37618

(3) Advise the director on the approval or disapproval of an	37619
application sent to the director under section 3718.04 of the	37620
Revised Code requesting approval of a sewage treatment system or	37621
components of a system;	37622

(4) Pursue and recruit in an active manner the research,	37623
development, introduction, and timely approval of innovative and	37624
cost-effective household sewage treatment systems and components	37625
of a system for use in this state, which shall include conducting	37626
pilot projects to assess the effectiveness of a system or	37627
components of a system;	37628

(5) By January 1, 2008, provide the household sewage and	37629
small flow on-site sewage treatment system study commission	37630
created by Am. Sub. H.B. 119 of the 127th general assembly with a	37631
list of available alternative systems and the estimated cost of	37632
each system.	37633

(G) ~~If the committee meets in a calendar year, the director~~	37634
~~of health~~The chairperson of the committee shall prepare and	37635
submit aan annual report concerning the activities of the	37636
committee to the general assembly not later than ninety days after	37637
the end of the calendar year. The report shall discuss the number	37638
of applications submitted under section 3718.04 of the Revised	37639
Code for the approval of a new sewage treatment system or a	37640
component of a system, the number of such systems and components	37641
that were approved, any information that the committee considers	37642
beneficial to the general assembly, and any other information that	37643
the ~~director~~chairperson determines is beneficial to the general	37644
assembly. If other members of the committee ~~determines~~determine	37645
that certain information should be included in the report, ~~the~~	37646
~~committee~~they shall submit the information to the ~~director~~	37647
chairperson not later than thirty days after the end of the	37648
calendar year.	37649

(H) The department shall provide meeting space for the	37650
committee. The committee shall be assisted in its duties by the	37651
staff of the department.	37652

(I) Sections 101.82 to 101.87 of the Revised Code do not	37653
apply to the sewage treatment system technical advisory committee.	37654

Sec. 3721.51. The department of job and family services	37655
shall do all of the following:	37656

(A) Subject to division (C) of this section and for the	37657
purposes specified in sections 3721.56 and 3721.561 of the Revised	37658
Code, determine an annual franchise permit fee on each nursing	37659
home in an amount equal to six dollars and twenty-five cents ~~for~~	37660
~~fiscal years 2006 and 2007 and one dollar for each fiscal year~~	37661
~~thereafter~~, multiplied by the product of the following:	37662

(1) The number of beds licensed as nursing home beds, plus	37663
any other beds certified as skilled nursing facility beds under	37664
Title XVIII or nursing facility beds under Title XIX on the first	37665
day of May of the calendar year in which the fee is determined	37666
pursuant to division (A) of section 3721.53 of the Revised Code;	37667

(2) The number of days in the fiscal year beginning on the	37668
first day of July of the calendar year in which the fee is	37669
determined pursuant to division (A) of section 3721.53 of the	37670
Revised Code.	37671

(B) Subject to division (C) of this section and for the	37672
purposes specified in sections 3721.56 and 3721.561 of the Revised	37673
Code, determine an annual franchise permit fee on each hospital in	37674
an amount equal to six dollars and twenty-five cents ~~for fiscal~~	37675
~~years 2006 and 2007 and one dollar for each fiscal year~~	37676
~~thereafter~~, multiplied by the product of the following:	37677

(1) The number of beds registered pursuant to section 3701.07	37678
of the Revised Code as skilled nursing facility beds or long-term	37679
care beds, plus any other beds licensed as nursing home beds under	37680
section 3721.02 or 3721.09 of the Revised Code, on the first day	37681
of May of the calendar year in which the fee is determined	37682
pursuant to division (A) of section 3721.53 of the Revised Code;	37683

(2) The number of days in the fiscal year beginning on the	37684
first day of July of the calendar year in which the fee is	37685
determined pursuant to division (A) of section 3721.53 of the	37686
Revised Code.	37687

(C) If the United States centers for medicare and medicaid	37688
services determines that the franchise permit fee established by	37689
sections 3721.50 to 3721.58 of the Revised Code is an	37690
impermissible health care related tax under section 1903(w) of the	37691
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	37692
amended, take all necessary actions to cease implementation of	37693
sections 3721.50 to 3721.58 of the Revised Code in accordance with	37694
rules adopted under section 3721.58 of the Revised Code.	37695

Sec. 3721.541. (A) In addition to assessing a penalty	37696
pursuant to section 3721.54 of the Revised Code, the department of	37697
job and family services may do ~~either~~any of the following if a	37698
nursing facility or hospital fails to pay the full amount of a	37699
franchise permit fee installment when due:	37700

(1) Withhold an amount less than or equal to the installment	37701
and penalty assessed under section 3721.54 of the Revised Code	37702
from a medicaid payment due the nursing facility or hospital until	37703
the nursing facility or hospital pays the installment and penalty;	37704

(2) Offset an amount less than or equal to the installment	37705
and penalty assessed under section 3721.54 of the Revised Code	37706
from a Medicaid payment due the nursing facility or hospital;	37707

(3) Terminate the nursing facility or hospital's medicaid	37708
provider agreement.	37709

(B) The department may ~~withhold~~offset a medicaid payment	37710
under division (A)~~(1)~~ of this section without providing notice to	37711
the nursing facility or hospital and without conducting an	37712
adjudication under Chapter 119. of the Revised Code.	37713

Sec. 3721.56. There is hereby created in the state treasury	37714
the home- and community-based services for the aged fund. Sixteen	37715
per cent of all payments and penalties paid by nursing homes and	37716
hospitals under sections 3721.53 and 3721.54 of the Revised Code	37717
~~for fiscal years 2006 and 2007, and all such payments and~~	37718
~~penalties paid for subsequent fiscal years,~~ shall be deposited	37719
into the fund. The departments of job and family services and	37720
aging shall use the moneys in the fund to fund the following in	37721
accordance with rules adopted under section 3721.58 of the Revised	37722
Code:	37723

(A) The medicaid program established under Chapter 5111. of	37724
the Revised Code, including the PASSPORT program established under	37725
section 173.40 of the Revised Code;	37726

(B) The residential state supplement program established	37727
under section 173.35 of the Revised Code.	37728

Sec. 3727.391. ~~(A) The duties of the director of health under~~	37729
~~section 3727.39 of the Revised Code apply only to the extent that~~	37730
~~appropriations are made by the general assembly to make~~	37731
~~performance of the duties possible.~~	37732

~~(B) Subject to division (A) of this section, the~~The director	37733
of health shall enter into a contract with a person under which	37734
the director's duties under section 3727.39 of the Revised Code	37735
are performed by the person pursuant to the contract. The contract	37736
may be entered into with any person selected by the director. For	37737
purposes of section 3727.39 of the Revised Code, all references to	37738
the director are references to the person who is under contract	37739
with the director pursuant to this division.	37740

The department of health may accept gifts, grants,	37741
donations, and awards for purposes of paying the fees or other	37742
costs incurred when a contract is entered into under this	37743
division.	37744

Sec. 3734.57. (A) The following fees are hereby levied on	37745
the transfer or disposal of solid wastes in this state:	37746

(1) One dollar per ton on and after July 1, 2003, through	37747
June 30, ~~2008~~2010, one-half of the proceeds of which shall be	37748
deposited in the state treasury to the credit of the hazardous	37749
waste facility management fund created in section 3734.18 of the	37750
Revised Code and one-half of the proceeds of which shall be	37751
deposited in the state treasury to the credit of the hazardous	37752
waste clean-up fund created in section 3734.28 of the Revised	37753
Code;	37754

(2) An additional one dollar per ton on and after July 1,	37755
2003, through June 30, ~~2008~~2010, the proceeds of which shall be	37756
deposited in the state treasury to the credit of the solid waste	37757
fund, which is hereby created. The environmental protection agency	37758
shall use money in the solid waste fund to pay the costs of	37759
administering and enforcing the laws pertaining to solid wastes,	37760
infectious wastes, and construction and demolition debris,	37761
including, without limitation, ground water evaluations related to	37762
solid wastes, infectious wastes, and construction and demolition	37763
debris, under this chapter and Chapter 3714. of the Revised Code	37764
and any rules adopted under them, providing compliance assistance	37765
to small businesses, and paying a share of the administrative	37766
costs of the environmental protection agency pursuant to section	37767
3745.014 of the Revised Code.	37768

(3) An additional one dollar and fifty cents per ton on and	37769
after July 1, 2005, through June 30, ~~2008~~2010, the proceeds of	37770
which shall be deposited in the state treasury to the credit of	37771
the environmental protection fund created in section 3745.015 of	37772
the Revised Code.	37773

In the case of solid wastes that are taken to a solid waste	37774
transfer facility located in this state prior to being transported	37775
for disposal at a solid waste disposal facility located in this	37776
state or outside of this state, the fees levied under this	37777
division shall be collected by the owner or operator of the	37778
transfer facility as a trustee for the state. The amount of fees	37779
required to be collected under this division at such a transfer	37780
facility shall equal the total tonnage of solid wastes received at	37781
the facility multiplied by the fees levied under this division. In	37782
the case of solid wastes that are not taken to a solid waste	37783
transfer facility located in this state prior to being transported	37784
to a solid waste disposal facility, the fees shall be collected by	37785
the owner or operator of the solid waste disposal facility as a	37786
trustee for the state. The amount of fees required to be collected	37787
under this division at such a disposal facility shall equal the	37788
total tonnage of solid wastes received at the facility that was	37789
not previously taken to a solid waste transfer facility located in	37790
this state multiplied by the fees levied under this division. Fees	37791
levied under this division do not apply to materials separated	37792
from a mixed waste stream for recycling by a generator or	37793
materials removed from the solid waste stream through recycling,	37794
as "recycling" is defined in rules adopted under section 3734.02	37795
of the Revised Code.	37796

The owner or operator of a solid waste transfer facility or	37797
disposal facility, as applicable, shall prepare and file with the	37798
director of environmental protection each month a return	37799
indicating the total tonnage of solid wastes received at the	37800
facility during that month and the total amount of the fees	37801
required to be collected under this division during that month. In	37802
addition, the owner or operator of a solid waste disposal facility	37803
shall indicate on the return the total tonnage of solid wastes	37804
received from transfer facilities located in this state during	37805
that month for which the fees were required to be collected by the	37806
transfer facilities. The monthly returns shall be filed on a form	37807
prescribed by the director. Not later than thirty days after the	37808
last day of the month to which a return applies, the owner or	37809
operator shall mail to the director the return for that month	37810
together with the fees required to be collected under this	37811
division during that month as indicated on the return. If the	37812
return is filed and the amount of the fees due is paid in a timely	37813
manner as required in this division, the owner or operator may	37814
retain a discount of three-fourths of one per cent of the total	37815
amount of the fees that are required to be paid as indicated on	37816
the return.	37817

The owner or operator may request an extension of not more	37818
than thirty days for filing the return and remitting the fees,	37819
provided that the owner or operator has submitted such a request	37820
in writing to the director together with a detailed description of	37821
why the extension is requested, the director has received the	37822
request not later than the day on which the return is required to	37823
be filed, and the director has approved the request. If the fees	37824
are not remitted within thirty days after the last day of the	37825
month to which the return applies or are not remitted by the last	37826
day of an extension approved by the director, the owner or	37827
operator shall not retain the three-fourths of one per cent	37828
discount and shall pay an additional ten per cent of the amount of	37829
the fees for each month that they are late. For purposes of	37830
calculating the late fee, the first month in which fees are late	37831
begins on the first day after the deadline has passed for timely	37832
submitting the return and fees, and one additional month shall be	37833
counted every thirty days thereafter.	37834

The owner or operator of a solid waste facility may request a	37835
refund or credit of fees levied under this division and remitted	37836
to the director that have not been paid to the owner or operator.	37837
Such a request shall be made only if the fees have not been	37838
collected by the owner or operator, have become a debt that has	37839
become worthless or uncollectable for a period of six months or	37840
more, and may be claimed as a deduction, including a deduction	37841
claimed if the owner or operator keeps accounts on an accrual	37842
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	37843
U.S.C. 166, as amended, and regulations adopted under it. Prior to	37844
making a request for a refund or credit, an owner or operator	37845
shall make reasonable efforts to collect the applicable fees. A	37846
request for a refund or credit shall not include any costs	37847
resulting from those efforts to collect unpaid fees.	37848

A request for a refund or credit of fees shall be made in	37849
writing, on a form prescribed by the director, and shall be	37850
supported by evidence that may be required in rules adopted by the	37851
director under this chapter. After reviewing the request, and if	37852
the request and evidence submitted with the request indicate that	37853
a refund or credit is warranted, the director shall grant a refund	37854
to the owner or operator or shall permit a credit to be taken by	37855
the owner or operator on a subsequent monthly return submitted by	37856
the owner or operator. The amount of a refund or credit shall not	37857
exceed an amount that is equal to ninety days' worth of fees owed	37858
to an owner or operator by a particular debtor of the owner or	37859
operator. A refund or credit shall not be granted by the director	37860
to an owner or operator more than once in any twelve-month period	37861
for fees owed to the owner or operator by a particular debtor.	37862

If, after receiving a refund or credit from the director, an	37863
owner or operator receives payment of all or part of the fees, the	37864
owner or operator shall remit the fees with the next monthly	37865
return submitted to the director together with a written	37866
explanation of the reason for the submittal.	37867

For purposes of computing the fees levied under this division	37868
or division (B) of this section, any solid waste transfer or	37869
disposal facility that does not use scales as a means of	37870
determining gate receipts shall use a conversion factor of three	37871
cubic yards per ton of solid waste or one cubic yard per ton for	37872
baled waste, as applicable.	37873

The fees levied under this division and divisions (B) and (C)	37874
of this section are in addition to all other applicable fees and	37875
taxes and shall be paid by the customer or a political subdivision	37876
to the owner or operator of a solid waste transfer or disposal	37877
facility notwithstanding the existence of any provision in a	37878
contract that the customer or a political subdivision may have	37879
with the owner or operator or with a transporter of waste to the	37880
facility that would not require or allow such payment.	37881

(B) For the purposes specified in division (G) of this	37882
section, the solid waste management policy committee of a county	37883
or joint solid waste management district may levy fees upon the	37884
following activities:	37885

(1) The disposal at a solid waste disposal facility located	37886
in the district of solid wastes generated within the district;	37887

(2) The disposal at a solid waste disposal facility within	37888
the district of solid wastes generated outside the boundaries of	37889
the district, but inside this state;	37890

(3) The disposal at a solid waste disposal facility within	37891
the district of solid wastes generated outside the boundaries of	37892
this state.	37893

The solid waste management plan of the county or joint	37894
district approved under section 3734.521 or 3734.55 of the Revised	37895
Code and any amendments to it, or the resolution adopted under	37896
this division, as appropriate, shall establish the rates of the	37897
fees levied under divisions (B)(1), (2), and (3) of this section,	37898
if any, and shall specify whether the fees are levied on the basis	37899
of tons or cubic yards as the unit of measurement. A solid waste	37900
management district that levies fees under this division on the	37901
basis of cubic yards shall do so in accordance with division (A)	37902
of this section.	37903

The fee levied under division (B)(1) of this section shall be	37904
not less than one dollar per ton nor more than two dollars per	37905
ton, the fee levied under division (B)(2) of this section shall be	37906
not less than two dollars per ton nor more than four dollars per	37907
ton, and the fee levied under division (B)(3) of this section	37908
shall be not more than the fee levied under division (B)(1) of	37909
this section.	37910

Prior to the approval of the solid waste management plan of a	37911
district under section 3734.55 of the Revised Code, the solid	37912
waste management policy committee of a district may levy fees	37913
under this division by adopting a resolution establishing the	37914
proposed amount of the fees. Upon adopting the resolution, the	37915
committee shall deliver a copy of the resolution to the board of	37916
county commissioners of each county forming the district and to	37917
the legislative authority of each municipal corporation and	37918
township under the jurisdiction of the district and shall prepare	37919
and publish the resolution and a notice of the time and location	37920
where a public hearing on the fees will be held. Upon adopting the	37921
resolution, the committee shall deliver written notice of the	37922
adoption of the resolution; of the amount of the proposed fees;	37923
and of the date, time, and location of the public hearing to the	37924
director and to the fifty industrial, commercial, or institutional	37925
generators of solid wastes within the district that generate the	37926
largest quantities of solid wastes, as determined by the	37927
committee, and to their local trade associations. The committee	37928
shall make good faith efforts to identify those generators within	37929
the district and their local trade associations, but the	37930
nonprovision of notice under this division to a particular	37931
generator or local trade association does not invalidate the	37932
proceedings under this division. The publication shall occur at	37933
least thirty days before the hearing. After the hearing, the	37934
committee may make such revisions to the proposed fees as it	37935
considers appropriate and thereafter, by resolution, shall adopt	37936
the revised fee schedule. Upon adopting the revised fee schedule,	37937
the committee shall deliver a copy of the resolution doing so to	37938
the board of county commissioners of each county forming the	37939
district and to the legislative authority of each municipal	37940
corporation and township under the jurisdiction of the district.	37941
Within sixty days after the delivery of a copy of the resolution	37942
adopting the proposed revised fees by the policy committee, each	37943
such board and legislative authority, by ordinance or resolution,	37944
shall approve or disapprove the revised fees and deliver a copy of	37945
the ordinance or resolution to the committee. If any such board or	37946
legislative authority fails to adopt and deliver to the policy	37947
committee an ordinance or resolution approving or disapproving the	37948
revised fees within sixty days after the policy committee	37949
delivered its resolution adopting the proposed revised fees, it	37950
shall be conclusively presumed that the board or legislative	37951
authority has approved the proposed revised fees. The committee	37952
shall determine if the resolution has been ratified in the same	37953
manner in which it determines if a draft solid waste management	37954
plan has been ratified under division (B) of section 3734.55 of	37955
the Revised Code.	37956

The committee may amend the schedule of fees levied pursuant	37957
to a resolution adopted and ratified under this division by	37958
adopting a resolution establishing the proposed amount of the	37959
amended fees. The committee may repeal the fees levied pursuant to	37960
such a resolution by adopting a resolution proposing to repeal	37961
them. Upon adopting such a resolution, the committee shall proceed	37962
to obtain ratification of the resolution in accordance with this	37963
division.	37964

Not later than fourteen days after declaring the new fees to	37965
be ratified or the fees to be repealed under this division, the	37966
committee shall notify by certified mail the owner or operator of	37967
each solid waste disposal facility that is required to collect the	37968
fees of the ratification and the amount of the fees or of the	37969
repeal of the fees. Collection of any fees shall commence or	37970
collection of repealed fees shall cease on the first day of the	37971
second month following the month in which notification is sent to	37972
the owner or operator.	37973

Fees levied under this division also may be established,	37974
amended, or repealed by a solid waste management policy committee	37975
through the adoption of a new district solid waste management	37976
plan, the adoption of an amended plan, or the amendment of the	37977
plan or amended plan in accordance with sections 3734.55 and	37978
3734.56 of the Revised Code or the adoption or amendment of a	37979
district plan in connection with a change in district composition	37980
under section 3734.521 of the Revised Code.	37981

Not later than fourteen days after the director issues an	37982
order approving a district's solid waste management plan, amended	37983
plan, or amendment to a plan or amended plan that establishes,	37984
amends, or repeals a schedule of fees levied by the district, the	37985
committee shall notify by certified mail the owner or operator of	37986
each solid waste disposal facility that is required to collect the	37987
fees of the approval of the plan or amended plan, or the amendment	37988
to the plan, as appropriate, and the amount of the fees, if any.	37989
In the case of an initial or amended plan approved under section	37990
3734.521 of the Revised Code in connection with a change in	37991
district composition, other than one involving the withdrawal of a	37992
county from a joint district, the committee, within fourteen days	37993
after the change takes effect pursuant to division (G) of that	37994
section, shall notify by certified mail the owner or operator of	37995
each solid waste disposal facility that is required to collect the	37996
fees that the change has taken effect and of the amount of the	37997
fees, if any. Collection of any fees shall commence or collection	37998
of repealed fees shall cease on the first day of the second month	37999
following the month in which notification is sent to the owner or	38000
operator.	38001

If, in the case of a change in district composition involving	38002
the withdrawal of a county from a joint district, the director	38003
completes the actions required under division (G)(1) or (3) of	38004
section 3734.521 of the Revised Code, as appropriate, forty-five	38005
days or more before the beginning of a calendar year, the policy	38006
committee of each of the districts resulting from the change that	38007
obtained the director's approval of an initial or amended plan in	38008
connection with the change, within fourteen days after the	38009
director's completion of the required actions, shall notify by	38010
certified mail the owner or operator of each solid waste disposal	38011
facility that is required to collect the district's fees that the	38012
change is to take effect on the first day of January immediately	38013
following the issuance of the notice and of the amount of the fees	38014
or amended fees levied under divisions (B)(1) to (3) of this	38015
section pursuant to the district's initial or amended plan as so	38016
approved or, if appropriate, the repeal of the district's fees by	38017
that initial or amended plan. Collection of any fees set forth in	38018
such a plan or amended plan shall commence on the first day of	38019
January immediately following the issuance of the notice. If such	38020
an initial or amended plan repeals a schedule of fees, collection	38021
of the fees shall cease on that first day of January.	38022

If, in the case of a change in district composition involving	38023
the withdrawal of a county from a joint district, the director	38024
completes the actions required under division (G)(1) or (3) of	38025
section 3734.521 of the Revised Code, as appropriate, less than	38026
forty-five days before the beginning of a calendar year, the	38027
director, on behalf of each of the districts resulting from the	38028
change that obtained the director's approval of an initial or	38029
amended plan in connection with the change proceedings, shall	38030
notify by certified mail the owner or operator of each solid waste	38031
disposal facility that is required to collect the district's fees	38032
that the change is to take effect on the first day of January	38033
immediately following the mailing of the notice and of the amount	38034
of the fees or amended fees levied under divisions (B)(1) to (3)	38035
of this section pursuant to the district's initial or amended plan	38036
as so approved or, if appropriate, the repeal of the district's	38037
fees by that initial or amended plan. Collection of any fees set	38038
forth in such a plan or amended plan shall commence on the first	38039
day of the second month following the month in which notification	38040
is sent to the owner or operator. If such an initial or amended	38041
plan repeals a schedule of fees, collection of the fees shall	38042
cease on the first day of the second month following the month in	38043
which notification is sent to the owner or operator.	38044

If the schedule of fees that a solid waste management	38045
district is levying under divisions (B)(1) to (3) of this section	38046
is amended or repealed, the fees in effect immediately prior to	38047
the amendment or repeal shall continue to be collected until	38048
collection of the amended fees commences or collection of the	38049
repealed fees ceases, as applicable, as specified in this	38050
division. In the case of a change in district composition, money	38051
so received from the collection of the fees of the former	38052
districts shall be divided among the resulting districts in	38053
accordance with division (B) of section 343.012 of the Revised	38054
Code and the agreements entered into under division (B) of section	38055
343.01 of the Revised Code to establish the former and resulting	38056
districts and any amendments to those agreements.	38057

For the purposes of the provisions of division (B) of this	38058
section establishing the times when newly established or amended	38059
fees levied by a district are required to commence and the	38060
collection of fees that have been amended or repealed is required	38061
to cease, "fees" or "schedule of fees" includes, in addition to	38062
fees levied under divisions (B)(1) to (3) of this section, those	38063
levied under section 3734.573 or 3734.574 of the Revised Code.	38064

(C) For the purposes of defraying the added costs to a	38065
municipal corporation or township of maintaining roads and other	38066
public facilities and of providing emergency and other public	38067
services, and compensating a municipal corporation or township for	38068
reductions in real property tax revenues due to reductions in real	38069
property valuations resulting from the location and operation of a	38070
solid waste disposal facility within the municipal corporation or	38071
township, a municipal corporation or township in which such a	38072
solid waste disposal facility is located may levy a fee of not	38073
more than twenty-five cents per ton on the disposal of solid	38074
wastes at a solid waste disposal facility located within the	38075
boundaries of the municipal corporation or township regardless of	38076
where the wastes were generated.	38077

The legislative authority of a municipal corporation or	38078
township may levy fees under this division by enacting an	38079
ordinance or adopting a resolution establishing the amount of the	38080
fees. Upon so doing the legislative authority shall mail a	38081
certified copy of the ordinance or resolution to the board of	38082
county commissioners or directors of the county or joint solid	38083
waste management district in which the municipal corporation or	38084
township is located or, if a regional solid waste management	38085
authority has been formed under section 343.011 of the Revised	38086
Code, to the board of trustees of that regional authority, the	38087
owner or operator of each solid waste disposal facility in the	38088
municipal corporation or township that is required to collect the	38089
fee by the ordinance or resolution, and the director of	38090
environmental protection. Although the fees levied under this	38091
division are levied on the basis of tons as the unit of	38092
measurement, the legislative authority, in its ordinance or	38093
resolution levying the fees under this division, may direct that	38094
the fees be levied on the basis of cubic yards as the unit of	38095
measurement based upon a conversion factor of three cubic yards	38096
per ton generally or one cubic yard per ton for baled wastes.	38097

Not later than five days after enacting an ordinance or	38098
adopting a resolution under this division, the legislative	38099
authority shall so notify by certified mail the owner or operator	38100
of each solid waste disposal facility that is required to collect	38101
the fee. Collection of any fee levied on or after March 24, 1992,	38102
shall commence on the first day of the second month following the	38103
month in which notification is sent to the owner or operator.	38104

(D)(1) The fees levied under divisions (A), (B), and (C) of	38105
this section do not apply to the disposal of solid wastes that:	38106

(a) Are disposed of at a facility owned by the generator of	38107
the wastes when the solid waste facility exclusively disposes of	38108
solid wastes generated at one or more premises owned by the	38109
generator regardless of whether the facility is located on a	38110
premises where the wastes are generated;	38111

(b) Are disposed of at facilities that exclusively dispose of	38112
wastes that are generated from the combustion of coal, or from the	38113
combustion of primarily coal in combination with scrap tires, that	38114
is not combined in any way with garbage at one or more premises	38115
owned by the generator.	38116

(2) Except as provided in section 3734.571 of the Revised	38117
Code, any fees levied under division (B)(1) of this section apply	38118
to solid wastes originating outside the boundaries of a county or	38119
joint district that are covered by an agreement for the joint use	38120
of solid waste facilities entered into under section 343.02 of the	38121
Revised Code by the board of county commissioners or board of	38122
directors of the county or joint district where the wastes are	38123
generated and disposed of.	38124

(3) When solid wastes, other than solid wastes that consist	38125
of scrap tires, are burned in a disposal facility that is an	38126
incinerator or energy recovery facility, the fees levied under	38127
divisions (A), (B), and (C) of this section shall be levied upon	38128
the disposal of the fly ash and bottom ash remaining after burning	38129
of the solid wastes and shall be collected by the owner or	38130
operator of the sanitary landfill where the ash is disposed of.	38131

(4) When solid wastes are delivered to a solid waste transfer	38132
facility, the fees levied under divisions (B) and (C) of this	38133
section shall be levied upon the disposal of solid wastes	38134
transported off the premises of the transfer facility for disposal	38135
and shall be collected by the owner or operator of the solid waste	38136
disposal facility where the wastes are disposed of.	38137

(5) The fees levied under divisions (A), (B), and (C) of this	38138
section do not apply to sewage sludge that is generated by a waste	38139
water treatment facility holding a national pollutant discharge	38140
elimination system permit and that is disposed of through	38141
incineration, land application, or composting or at another	38142
resource recovery or disposal facility that is not a landfill.	38143

(6) The fees levied under divisions (A), (B), and (C) of this	38144
section do not apply to solid wastes delivered to a solid waste	38145
composting facility for processing. When any unprocessed solid	38146
waste or compost product is transported off the premises of a	38147
composting facility and disposed of at a landfill, the fees levied	38148
under divisions (A), (B), and (C) of this section shall be	38149
collected by the owner or operator of the landfill where the	38150
unprocessed waste or compost product is disposed of.	38151

(7) When solid wastes that consist of scrap tires are	38152
processed at a scrap tire recovery facility, the fees levied under	38153
divisions (A), (B), and (C) of this section shall be levied upon	38154
the disposal of the fly ash and bottom ash or other solid wastes	38155
remaining after the processing of the scrap tires and shall be	38156
collected by the owner or operator of the solid waste disposal	38157
facility where the ash or other solid wastes are disposed of.	38158

(8) The director of environmental protection may issue an	38159
order exempting from the fees levied under this section solid	38160
wastes, including, but not limited to, scrap tires, that are	38161
generated, transferred, or disposed of as a result of a contract	38162
providing for the expenditure of public funds entered into by the	38163
administrator or regional administrator of the United States	38164
environmental protection agency, the director of environmental	38165
protection, or the director of administrative services on behalf	38166
of the director of environmental protection for the purpose of	38167
remediating conditions at a hazardous waste facility, solid waste	38168
facility, or other location at which the administrator or regional	38169
administrator or the director of environmental protection has	38170
reason to believe that there is a substantial threat to public	38171
health or safety or the environment or that the conditions are	38172
causing or contributing to air or water pollution or soil	38173
contamination. An order issued by the director of environmental	38174
protection under division (D)(8) of this section shall include a	38175
determination that the amount of the fees not received by a solid	38176
waste management district as a result of the order will not	38177
adversely impact the implementation and financing of the	38178
district's approved solid waste management plan and any approved	38179
amendments to the plan. Such an order is a final action of the	38180
director of environmental protection.	38181

(E) The fees levied under divisions (B) and (C) of this	38182
section shall be collected by the owner or operator of the solid	38183
waste disposal facility where the wastes are disposed of as a	38184
trustee for the county or joint district and municipal corporation	38185
or township where the wastes are disposed of. Moneys from the fees	38186
levied under division (B) of this section shall be forwarded to	38187
the board of county commissioners or board of directors of the	38188
district in accordance with rules adopted under division (H) of	38189
this section. Moneys from the fees levied under division (C) of	38190
this section shall be forwarded to the treasurer or such other	38191
officer of the municipal corporation as, by virtue of the charter,	38192
has the duties of the treasurer or to the fiscal officer of the	38193
township, as appropriate, in accordance with those rules.	38194

(F) Moneys received by the treasurer or other officer of the	38195
municipal corporation under division (E) of this section shall be	38196
paid into the general fund of the municipal corporation. Moneys	38197
received by the fiscal officer of the township under that division	38198
shall be paid into the general fund of the township. The treasurer	38199
or other officer of the municipal corporation or the township	38200
fiscal officer, as appropriate, shall maintain separate records of	38201
the moneys received from the fees levied under division (C) of	38202
this section.	38203

(G) Moneys received by the board of county commissioners or	38204
board of directors under division (E) of this section or section	38205
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	38206
shall be paid to the county treasurer, or other official acting in	38207
a similar capacity under a county charter, in a county district or	38208
to the county treasurer or other official designated by the board	38209
of directors in a joint district and kept in a separate and	38210
distinct fund to the credit of the district. If a regional solid	38211
waste management authority has been formed under section 343.011	38212
of the Revised Code, moneys received by the board of trustees of	38213
that regional authority under division (E) of this section shall	38214
be kept by the board in a separate and distinct fund to the credit	38215
of the district. Moneys in the special fund of the county or joint	38216
district arising from the fees levied under division (B) of this	38217
section and the fee levied under division (A) of section 3734.573	38218
of the Revised Code shall be expended by the board of county	38219
commissioners or directors of the district in accordance with the	38220
district's solid waste management plan or amended plan approved	38221
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	38222
exclusively for the following purposes:	38223

(1) Preparation of the solid waste management plan of the	38224
district under section 3734.54 of the Revised Code, monitoring	38225
implementation of the plan, and conducting the periodic review and	38226
amendment of the plan required by section 3734.56 of the Revised	38227
Code by the solid waste management policy committee;	38228

(2) Implementation of the approved solid waste management	38229
plan or amended plan of the district, including, without	38230
limitation, the development and implementation of solid waste	38231
recycling or reduction programs;	38232

(3) Providing financial assistance to boards of health within	38233
the district, if solid waste facilities are located within the	38234
district, for enforcement of this chapter and rules, orders, and	38235
terms and conditions of permits, licenses, and variances adopted	38236
or issued under it, other than the hazardous waste provisions of	38237
this chapter and rules adopted and orders and terms and conditions	38238
of permits issued under those provisions;	38239

(4) Providing financial assistance to each county within the	38240
district to defray the added costs of maintaining roads and other	38241
public facilities and of providing emergency and other public	38242
services resulting from the location and operation of a solid	38243
waste facility within the county under the district's approved	38244
solid waste management plan or amended plan;	38245

(5) Pursuant to contracts entered into with boards of health	38246
within the district, if solid waste facilities contained in the	38247
district's approved plan or amended plan are located within the	38248
district, for paying the costs incurred by those boards of health	38249
for collecting and analyzing samples from public or private water	38250
wells on lands adjacent to those facilities;	38251

(6) Developing and implementing a program for the inspection	38252
of solid wastes generated outside the boundaries of this state	38253
that are disposed of at solid waste facilities included in the	38254
district's approved solid waste management plan or amended plan;	38255

(7) Providing financial assistance to boards of health within	38256
the district for the enforcement of section 3734.03 of the Revised	38257
Code or to local law enforcement agencies having jurisdiction	38258
within the district for enforcing anti-littering laws and	38259
ordinances;	38260

(8) Providing financial assistance to boards of health of	38261
health districts within the district that are on the approved list	38262
under section 3734.08 of the Revised Code to defray the costs to	38263
the health districts for the participation of their employees	38264
responsible for enforcement of the solid waste provisions of this	38265
chapter and rules adopted and orders and terms and conditions of	38266
permits, licenses, and variances issued under those provisions in	38267
the training and certification program as required by rules	38268
adopted under division (L) of section 3734.02 of the Revised Code;	38269

(9) Providing financial assistance to individual municipal	38270
corporations and townships within the district to defray their	38271
added costs of maintaining roads and other public facilities and	38272
of providing emergency and other public services resulting from	38273
the location and operation within their boundaries of a	38274
composting, energy or resource recovery, incineration, or	38275
recycling facility that either is owned by the district or is	38276
furnishing solid waste management facility or recycling services	38277
to the district pursuant to a contract or agreement with the board	38278
of county commissioners or directors of the district;	38279

(10) Payment of any expenses that are agreed to, awarded, or	38280
ordered to be paid under section 3734.35 of the Revised Code and	38281
of any administrative costs incurred pursuant to that section. In	38282
the case of a joint solid waste management district, if the board	38283
of county commissioners of one of the counties in the district is	38284
negotiating on behalf of affected communities, as defined in that	38285
section, in that county, the board shall obtain the approval of	38286
the board of directors of the district in order to expend moneys	38287
for administrative costs incurred.	38288

Prior to the approval of the district's solid waste	38289
management plan under section 3734.55 of the Revised Code, moneys	38290
in the special fund of the district arising from the fees shall be	38291
expended for those purposes in the manner prescribed by the solid	38292
waste management policy committee by resolution.	38293

Notwithstanding division (G)(6) of this section as it existed	38294
prior to October 29, 1993, or any provision in a district's solid	38295
waste management plan prepared in accordance with division	38296
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	38297
prior to that date, any moneys arising from the fees levied under	38298
division (B)(3) of this section prior to January 1, 1994, may be	38299
expended for any of the purposes authorized in divisions (G)(1) to	38300
(10) of this section.	38301

(H) The director shall adopt rules in accordance with Chapter	38302
119. of the Revised Code prescribing procedures for collecting and	38303
forwarding the fees levied under divisions (B) and (C) of this	38304
section to the boards of county commissioners or directors of	38305
county or joint solid waste management districts and to the	38306
treasurers or other officers of municipal corporations and the	38307
fiscal officers of townships. The rules also shall prescribe the	38308
dates for forwarding the fees to the boards and officials and may	38309
prescribe any other requirements the director considers necessary	38310
or appropriate to implement and administer divisions (A), (B), and	38311
(C) of this section.	38312

Sec. 3735.672. (A) On or before the thirty-first day of	38313
March each year, a legislative authority that has entered into an	38314
agreement with a party under section 3735.671 of the Revised Code	38315
shall submit to the director of development and the board of	38316
education of each school district of which a municipal corporation	38317
or township to which such an agreement applies is a part a report	38318
on all such agreements in effect during the preceding calendar	38319
year. The report shall include the following information:	38320

(1) The designation, assigned by the director of development,	38321
of each community reinvestment area within the municipal	38322
corporation or county, and the total population of each area	38323
according to the most recent data available;	38324

(2) The number of agreements and the number of full-time	38325
employees subject to those agreements within each area, each	38326
according to the most recent data available and identified and	38327
categorized by the appropriate standard industrial code, and the	38328
rate of unemployment in the municipal corporation or county in	38329
which the area is located for each year since the area was	38330
certified;	38331

(3) The number of agreements approved and executed during the	38332
calendar year for which the report is submitted, the total number	38333
of agreements in effect on the thirty-first day of December of the	38334
preceding calendar year, the number of agreements that expired	38335
during the calendar year for which the report is submitted, and	38336
the number of agreements scheduled to expire during the calendar	38337
year in which the report is submitted. For each agreement that	38338
expired during the calendar year for which the report is	38339
submitted, the legislative authority shall include the amount of	38340
taxes exempted under the agreement.	38341

(4) The number of agreements receiving compliance reviews by	38342
the tax incentive review council in the municipal corporation or	38343
county during the calendar year for which the report is submitted,	38344
including all of the following information:	38345

(a) The number of agreements the terms of which the party has	38346
complied with, indicating separately for each such agreement the	38347
value of the real property exempted pursuant to the agreement and	38348
a comparison of the stipulated and actual schedules for hiring new	38349
employees, for retaining existing employees, and for the amount of	38350
payroll of the party attributable to these employees;	38351

(b) The number of agreements the terms of which a party has	38352
failed to comply with, indicating separately for each such	38353
agreement the value of the real and personal property exempted	38354
pursuant to the agreement and a comparison of the stipulated and	38355
actual schedules for hiring new employees, for retaining existing	38356
employees, and for the amount of payroll of the enterprise	38357
attributable to these employees;	38358

(c) The number of agreements about which the tax incentive	38359
review council made recommendations to the legislative authority,	38360
and the number of such recommendations that have not been	38361
followed;	38362

(d) The number of agreements rescinded during the calendar	38363
year for which the report is submitted.	38364

(5) The number of parties subject to agreements that expanded	38365
within each area, including the number of new employees hired and	38366
existing employees retained by that party, and the number of new	38367
parties subject to agreements that established within each area,	38368
including the number of new employees hired by each party;	38369

(6) For each agreement in effect during any part of the	38370
preceding year, the number of employees employed by the party at	38371
the property that is the subject of the agreement immediately	38372
prior to formal approval of the agreement, the number of employees	38373
employed by the party at that property on the thirty-first day of	38374
December of the preceding year, the payroll of the party for the	38375
preceding year, the amount of taxes paid on real property that was	38376
exempted under the agreement, and the amount of such taxes that	38377
were not paid because of the exemption.	38378

(B) Upon the failure of a municipal corporation or county to	38379
comply with division (A) of this section:	38380

(1) Beginning on the first day of April of the calendar year	38381
in which the municipal corporation or county fails to comply with	38382
that division, the municipal corporation or county shall not enter	38383
into any agreements under section 3735.671 of the Revised Code	38384
until the municipal corporation or county has complied with	38385
division (A) of this section.	38386

(2) On the first day of each ensuing calendar month until the	38387
municipal corporation or county complies with that division, the	38388
director of development shall either order the proper county	38389
auditor to deduct from the next succeeding payment of taxes to the	38390
municipal corporation or county under section 321.31, 321.32,	38391
321.33, or 321.34 of the Revised Code an amount equal to five	38392
hundred dollars for each calendar month the municipal corporation	38393
or county fails to comply with that division, or order the county	38394
auditor to deduct such an amount from the next succeeding payment	38395
to the municipal corporation or county from the undivided local	38396
government fund under section 5747.51 of the Revised Code. At the	38397
time such a payment is made, the county auditor shall comply with	38398
the director's order by issuing a warrant, drawn on the fund from	38399
which such money would have been paid, to the director of	38400
development, who shall deposit the warrant into the state	38401
community reinvestment area program administration fund created in	38402
division (C) of this section.	38403

(C) The director, by rule, shall establish the state's	38404
application fee for applications submitted to a municipal	38405
corporation or county to enter into an agreement under section	38406
3735.671 of the Revised Code. In establishing the amount of the	38407
fee, the director shall consider the state's cost of administering	38408
the community reinvestment area program, including the cost of	38409
reviewing the reports required under division (A) of this section.	38410
The director may change the amount of the fee at such times and in	38411
such increments as hethe director considers necessary. Any	38412
municipal corporation or county that receives an application shall	38413
collect the application fee and remit the fee for deposit in the	38414
state treasury to the credit of the ~~state community reinvestment~~	38415
~~area program administration fund, which is hereby created. Money~~	38416
~~credited to the fund shall be used by the department of~~	38417
~~development to pay the costs of administering the community~~	38418
~~reinvestment area program, including the cost of reviewing the~~	38419
~~reports required under division (A) of this section~~tax incentive	38420
programs operating fund created in section 122.174 of the Revised	38421
Code.	38422

Sec. 3743.17. (A) The license of a wholesaler of fireworks	38423
is effective for one year beginning on the first day of December.	38424
The fire marshal shall issue or renew a license only on that date	38425
and at no other time. If a wholesaler of fireworks wishes to	38426
continue engaging in the wholesale sale of fireworks at the	38427
particular location after its then effective license expires, it	38428
shall apply not later than the first day of October for a new	38429
license pursuant to section 3743.15 of the Revised Code. The fire	38430
marshal shall send a written notice of the expiration of its	38431
license to a licensed wholesaler at least three months before the	38432
expiration date.	38433

(B) If, during the effective period of its licensure, a	38434
licensed wholesaler of fireworks wishes to perform any	38435
construction, or make any structural change or renovation, on the	38436
premises on which the fireworks are sold, the wholesaler shall	38437
notify the fire marshal in writing. The fire marshal may require a	38438
licensed wholesaler also to submit documentation, including, but	38439
not limited to, plans covering the proposed construction or	38440
structural change or renovation, if the fire marshal determines	38441
the documentation is necessary for evaluation purposes in light of	38442
the proposed construction or structural change or renovation.	38443

Upon receipt of the notification and additional documentation	38444
required by the fire marshal, the fire marshal shall inspect the	38445
premises on which the fireworks are sold to determine if the	38446
proposed construction or structural change or renovation conforms	38447
to sections 3743.15 to 3743.21 of the Revised Code and the rules	38448
adopted by the fire marshal pursuant to section 3743.18 of the	38449
Revised Code. The fire marshal shall issue a written authorization	38450
to the wholesaler for the construction or structural change or	38451
renovation if the fire marshal determines, upon the inspection and	38452
a review of submitted documentation, that the construction or	38453
structural change or renovation conforms to those sections and	38454
rules.	38455

(C) The license of a wholesaler of fireworks authorizes the	38456
wholesaler to engage only in the following activities:	38457

(1) Possess for sale at wholesale and sell at wholesale	38458
fireworks to persons who are licensed wholesalers of fireworks, to	38459
out-of-state residents in accordance with section 3743.44 of the	38460
Revised Code, to residents of this state in accordance with	38461
section 3743.45 of the Revised Code, or to persons located in	38462
another state provided the fireworks are shipped directly out of	38463
this state to them by the wholesaler. The possession for sale	38464
shall be at the location described in the application for	38465
licensure or in the notification submitted under division (B) of	38466
this section, and the sale shall be from the inside of a licensed	38467
building and from no structure or device outside a licensed	38468
building. At no time shall a licensed wholesaler sell any class of	38469
fireworks outside a licensed building.	38470

(2) Possess for sale at retail and sell at retail fireworks,	38471
other than 1.4G fireworks as designated by the fire marshal in	38472
rules adopted pursuant to division (A) of section 3743.05 of the	38473
Revised Code, to licensed exhibitors in accordance with sections	38474
3743.50 to 3743.55 of the Revised Code, and possess for sale at	38475
retail and sell at retail fireworks, including 1.4G fireworks, to	38476
out-of-state residents in accordance with section 3743.44 of the	38477
Revised Code, to residents of this state in accordance with	38478
section 3743.45 of the Revised Code, or to persons located in	38479
another state provided the fireworks are shipped directly out of	38480
this state to them by the wholesaler. The possession for sale	38481
shall be at the location described in the application for	38482
licensure or in the notification submitted under division (B) of	38483
this section, and the sale shall be from the inside of the	38484
licensed building and from no other structure or device outside	38485
this licensed building. At no time shall a licensed wholesaler	38486
sell any class of fireworks outside a licensed building.	38487

A licensed wholesaler of fireworks shall sell under division	38488
(C) of this section only fireworks that meet the standards set by	38489
the consumer product safety commission or by the American	38490
fireworks standard laboratories or that have received an EX number	38491
from the United States department of transportation.	38492

(D) The license of a wholesaler of fireworks shall be	38493
protected under glass and posted in a conspicuous place at the	38494
location described in the application for licensure or in the	38495
notification submitted under division (B) of this section. Except	38496
as otherwise provided in this section, the license is not	38497
transferable or assignable. A license may be transferred to	38498
another person for the same location for which the license was	38499
issued if the assets of the wholesaler are transferred to that	38500
person by inheritance or by a sale approved by the fire marshal.	38501
The license is subject to revocation in accordance with section	38502
3743.21 of the Revised Code.	38503

(E) The fire marshal shall adopt rules for the expansion or	38504
contraction of a licensed premises and for the approval of an	38505
expansion or contraction. The boundaries of a licensed premises,	38506
including any geographic expansion or contraction of those	38507
boundaries, shall be approved by the fire marshal in accordance	38508
with rules the fire marshal adopts. If the licensed premises of a	38509
licensed wholesaler from which the wholesaler operates consists of	38510
more than one parcel of real estate, those parcels must be	38511
contiguous, unless an exception is allowed pursuant to division	38512
(G) of this section.	38513

(F)(1) Upon application by a licensed wholesaler of	38514
fireworks, a wholesaler license may be transferred from one	38515
geographic location to another within the same municipal	38516
corporation or within the unincorporated area of the same	38517
township, but only if all of the following apply:	38518

(a) The identity of the holder of the license remains the	38519
same in the new location.	38520

(b) The former location is closed prior to the opening of the	38521
new location and no fireworks business of any kind is conducted at	38522
the former location after the transfer of the license.	38523

(c) The new location has received a local certificate of	38524
zoning compliance and a local certificate of occupancy, and	38525
otherwise is in compliance with all local building regulations.	38526

(d) ~~The transfer of the license is requested by the licensee~~	38527
~~because the existing facility poses an immediate hazard to the~~	38528
~~public.~~	38529

~~(e)~~ Every building or structure at the new location is	38530
separated from occupied residential and nonresidential buildings	38531
or structures, railroads, highways, or any other buildings or	38532
structures located on the licensed premises in accordance with the	38533
distances specified in the rules adopted by the fire marshal	38534
pursuant to section 3743.18 of the Revised Code. If the licensee	38535
fails to comply with the requirements of division (F)(1)(e) of	38536
this section by the licensee's own act, the license at the new	38537
location is forfeited.	38538

~~(f)~~(e) Neither the licensee nor any person holding, owning,	38539
or controlling a five per cent or greater beneficial or equity	38540
interest in the licensee has been convicted of or has pleaded	38541
guilty to a felony under the laws of this state, any other state,	38542
or the United States after June 30, 1997.	38543

~~(g)~~(f) The fire marshal approves the request for the	38544
transfer.	38545

(2) The new location shall comply with the requirements	38546
specified in divisions (A)(1) and (2) of section 3743.25 of the	38547
Revised Code whether or not the fireworks showroom at the new	38548
location is constructed, expanded, or first begins operating on	38549
and after June 30, 1997.	38550

(G)(1) A licensed wholesaler may expand its licensed premises	38551
within this state to include not more than two storage locations	38552
that are located upon one or more real estate parcels that are	38553
noncontiguous to the licensed premises as that licensed premises	38554
exists on the date a licensee submits an application as described	38555
below, if all of the following apply:	38556

(a) The licensee submits an application to the fire marshal	38557
requesting the expansion and an application fee of one hundred	38558
dollars per storage location for which the licensee is requesting	38559
approval.	38560

(b) The identity of the holder of the license remains the	38561
same at the storage location.	38562

(c) The storage location has received a valid certificate of	38563
zoning compliance, as applicable, and a valid certificate of	38564
occupancy for each building or structure at the storage location	38565
issued by the authority having jurisdiction to issue the	38566
certificate for the storage location, and those certificates	38567
permit the distribution and storage of fireworks regulated under	38568
this chapter at the storage location and in the buildings or	38569
structures. The storage location shall be in compliance with all	38570
other applicable federal, state, and local laws and regulations.	38571

(d) Every building or structure located upon the storage	38572
location is separated from occupied residential and nonresidential	38573
buildings or structures, railroads, highways, and any other	38574
buildings or structures on the licensed premises in accordance	38575
with the distances specified in the rules adopted by the fire	38576
marshal pursuant to section 3743.18 of the Revised Code.	38577

(e) Neither the licensee nor any person holding, owning, or	38578
controlling a five per cent or greater beneficial or equity	38579
interest in the licensee has been convicted of or pleaded guilty	38580
to a felony under the laws of this state, any other state, or the	38581
United States, after ~~the effective date of this amendment~~	38582
September 29, 2005.	38583

(f) The fire marshal approves the application for expansion.

38584

(2) The fire marshal shall approve an application for	38585
expansion requested under division (G)(1) of this section if the	38586
fire marshal receives the application fee and proof that the	38587
requirements of divisions (G)(1)(b) to (e) of this section are	38588
satisfied. The storage location shall be considered part of the	38589
original licensed premises and shall use the same distinct number	38590
assigned to the original licensed premises with any additional	38591
designations as the fire marshal deems necessary in accordance	38592
with section 3743.16 of the Revised Code.	38593

(H)(1) A licensee who obtains approval for use of a storage	38594
location in accordance with division (G) of this section shall use	38595
the site exclusively for the following activities, in accordance	38596
with division (C)(1) of this section:	38597

(a) Packaging, assembling, or storing fireworks, which shall	38598
occur only in buildings approved for such hazardous uses by the	38599
building code official having jurisdiction for the storage	38600
location and shall be in accordance with the rules adopted by the	38601
fire marshal under division (B)(4) of section 3743.18 of the	38602
Revised Code for the packaging, assembling, and storage of	38603
fireworks.	38604

(b) Distributing fireworks to other parcels of real estate	38605
located on the wholesaler's licensed premises, to licensed	38606
manufacturers or other licensed wholesalers in this state or to	38607
similarly licensed persons located in another state or country;	38608

(c) Distributing fireworks to a licensed exhibitor of	38609
fireworks pursuant to a properly issued permit in accordance with	38610
section 3743.54 of the Revised Code.	38611

(2) A licensed wholesaler shall not engage in any sales	38612
activity, including the retail sale of fireworks otherwise	38613
permitted under division (C)(2) of this section or pursuant to	38614
section 3743.44 or 3743.45 of the Revised Code, at a storage	38615
location approved under this section.	38616

(I) A licensee shall prohibit public access to all storage	38617
locations it uses. The fire marshal shall adopt rules establishing	38618
acceptable measures a wholesaler shall use to prohibit access to	38619
storage sites.	38620

(J) The fire marshal shall not place the license of a	38621
wholesaler of fireworks in temporarily inactive status while the	38622
holder of the license is attempting to qualify to retain the	38623
license.	38624

(K) Each licensed wholesaler of fireworks or a designee of	38625
the wholesaler, whose identity is provided to the fire marshal by	38626
the wholesaler, annually shall attend a continuing education	38627
program consisting of not less than eight hours of instruction.	38628
The fire marshal shall develop the program and the fire marshal or	38629
a person or public agency approved by the fire marshal shall	38630
conduct it. A licensed wholesaler or the wholesaler's designee who	38631
attends a program as required under this division, within one year	38632
after attending the program, shall conduct in-service training for	38633
other employees of the licensed wholesaler regarding the	38634
information obtained in the program. A licensed wholesaler shall	38635
provide the fire marshal with notice of the date, time, and place	38636
of all in-service training not less than thirty days prior to an	38637
in-service training event.	38638

(L) A licensed wholesaler shall maintain comprehensive	38639
general liability insurance coverage in the amount and type	38640
specified under division (B)(2) of section 3743.15 of the Revised	38641
Code at all times. Each policy of insurance required under this	38642
division shall contain a provision requiring the insurer to give	38643
not less than fifteen days' prior written notice to the fire	38644
marshal before termination, lapse, or cancellation of the policy,	38645
or any change in the policy that reduces the coverage below the	38646
minimum required under this division. Prior to canceling or	38647
reducing the amount of coverage of any comprehensive general	38648
liability insurance coverage required under this division, a	38649
licensed wholesaler shall secure supplemental insurance in an	38650
amount and type that satisfies the requirements of this division	38651
so that no lapse in coverage occurs at any time. A licensed	38652
wholesaler who secures supplemental insurance shall file evidence	38653
of the supplemental insurance with the fire marshal prior to	38654
canceling or reducing the amount of coverage of any comprehensive	38655
general liability insurance coverage required under this division.	38656

Sec. 3743.19. In addition to conforming to the rules of the	38657
fire marshal adopted pursuant to section 3743.18 of the Revised	38658
Code, licensed wholesalers of fireworks shall conduct their	38659
business operations in accordance with the following:	38660

(A) A wholesaler shall conduct its business operations from	38661
the location described in its application for licensure or in a	38662
notification submitted under division (B) of section 3743.17 of	38663
the Revised Code.	38664

(B) Signs indicating that smoking is generally forbidden and	38665
trespassing is prohibited on the premises of a wholesaler shall be	38666
posted on the premises as determined by the fire marshal.	38667

(C) Reasonable precautions shall be taken to protect the	38668
premises of a wholesaler from trespass, loss, theft, or	38669
destruction.	38670

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	38671
matches, lighters, other flame-producing items, or open flame on,	38672
or the carrying of a concealed source of ignition into, the	38673
premises of a wholesaler is prohibited, except that a wholesaler	38674
may permit smoking in specified lunchrooms or restrooms in	38675
buildings or other structures in which no sales, handling, or	38676
storage of fireworks takes place. "NO SMOKING" signs shall be	38677
posted on the premises as required by the fire marshal.	38678

(E) Fire and explosion prevention and other reasonable safety	38679
measures and precautions shall be implemented by a wholesaler.	38680

(F) Persons shall not be permitted to have in their	38681
possession or under their control, while they are on the premises	38682
of a wholesaler, any intoxicating liquor, beer, or controlled	38683
substance, and they shall not be permitted to enter or remain on	38684
the premises if they are found to be under the influence of any	38685
intoxicating liquor, beer, or controlled substance.	38686

(G) A wholesaler shall conform to all building, safety, and	38687
zoning statutes, ordinances, rules, or other enactments that apply	38688
to its premises.	38689

(H) Each building used in the sale of fireworks shall be kept	38690
open to the public for at least four hours each day between the	38691
hours of eight a.m. and five p.m., five days of each week, every	38692
week of the year. Upon application from a licensed wholesaler, the	38693
fire marshal may waive any of the requirements of this division.	38694

(I) Awnings, tents, or canopies shall not be used as	38695
facilities for the storage or sale of fireworks. This division	38696
does not prohibit the use of an awning or canopy attached to a	38697
public access showroom for storing nonflammable shopping	38698
convenience items such as shopping carts or baskets or providing a	38699
shaded area for patrons waiting to enter the public sales area.	38700

(J) Fireworks may be stored in trailers if the trailers are	38701
properly enclosed, secured, and grounded and are separated from	38702
any structure to which the public is admitted by a distance that	38703
will, in the fire marshal's judgment, allow fire-fighting	38704
equipment to have full access to the structures on the licensed	38705
premises. Such trailers may be moved into closer proximity to any	38706
structure only to accept or discharge cargo for a period not to	38707
exceed forty-eight hours. Only two such trailers may be placed in	38708
such closer proximity at any one time. At no time may trailers be	38709
used for conducting sales of any class of fireworks nor may	38710
members of the public have access to the trailers.	38711

Storage areas for fireworks that are in the same building	38712
where fireworks are displayed and sold to the public shall be	38713
separated from the areas to which the public has access by an	38714
appropriately rated fire barrier wall.	38715

(K) A fire suppression system as defined in section 3781.108	38716
of the Revised Code may be turned off only for repair, drainage of	38717
the system to prevent damage by freezing during the period of	38718
time, approved by the fire marshal under division (I) of this	38719
section, that the facility is closed to public access during	38720
winter months, or maintenance of the system. If any repair or	38721
maintenance is necessary during times when the facility is open	38722
for public access and business, the licensed wholesaler shall	38723
notify in advance the appropriate insurance company and fire chief	38724
or fire prevention officer regarding the nature of the maintenance	38725
or repair and the time when it will be performed.	38726

(L) If any fireworks item is removed from its original	38727
package or is manufactured with any fuse other than a fuse	38728
approved by the consumer product safety commission, then the item	38729
shall be covered completely by repackaging or bagging or it shall	38730
otherwise be covered so as to prevent ignition prior to sale.	38731

(M) A safety officer shall be present during regular business	38732
hours at a building open to the public during the period	38733
commencing fourteen days before, and ending two days after, each	38734
fourth day of July. The officer shall be highly visible, enforce	38735
this chapter and any applicable building codes to the extent the	38736
officer is authorized by law, and be one of the following:	38737

(1) A deputy sheriff;

38738

(2) A law enforcement officer of a municipal corporation,	38739
township, or township or joint township police district;	38740

(3) A private uniformed security guard registered under	38741
section 4749.06 of the Revised Code.	38742

(N) All doors of all buildings on the licensed premises shall	38743
swing outward.	38744

(O) All wholesale and commercial sales of fireworks shall be	38745
packaged, shipped, placarded, and transported in accordance with	38746
United States department of transportation regulations applicable	38747
to the transportation, and the offering for transportation, of	38748
hazardous materials. For purposes of this division, "wholesale and	38749
commercial sales" includes all sales for resale and any nonretail	38750
sale made in furtherance of a commercial enterprise. For purposes	38751
of enforcement of these regulations under section 4905.83 of the	38752
Revised Code, any sales transaction exceeding one thousand pounds	38753
shall be rebuttably presumed to be a wholesale or commercial sale.	38754

Sec. 3743.25. (A) A licensed manufacturer, wholesaler, or	38755
exhibitor shall bring fireworks showroom structures, to which the	38756
public may have any access and in which employees are required to	38757
work, on all licensed premises, into compliance with the following	38758
safety requirements:	38759

(1) AExcept as otherwise provided in division (A)(1) of this	38760
section, a fireworks showroom that is constructed or upon which	38761
expansion is undertaken on and after ~~the effective date of this~~	38762
~~section~~June 30, 1997, shall be equipped with interlinked fire	38763
detection, fire suppression, smoke exhaust, and smoke evacuation	38764
systems that are approved by the superintendent of the division of	38765
industrial compliance in the department of commerce. Division	38766
(A)(1) of this section does not apply if a licensee conducts sales	38767
only on the basis of defused representative samples in closed and	38768
covered displays within a fireworks showroom.	38769

(2) A fireworks showroom that first begins to operate on or	38770
after ~~the effective date of this section~~June 30, 1997, and to	38771
which the public has access for retail purposes shall not exceed	38772
five thousand square feet in floor area.	38773

(3) A fireworks showroom structure that exists on ~~the~~	38774
~~effective date of this section~~June 30, 1997, but that, on or	38775
after ~~the effective date of this section~~June 30, 1997, is altered	38776
or added to in a manner requiring the submission of plans,	38777
drawings, specifications, or data pursuant to section 3791.04 of	38778
the Revised Code, shall comply with a graphic floor plan layout	38779
that is approved by the fire marshal and superintendent of the	38780
division of industrial compliance showing width of aisles,	38781
parallel arrangement of aisles to exits, number of exits per wall,	38782
maximum occupancy load, evacuation plan for occupants, height of	38783
storage or display of merchandise, and other information as may be	38784
required by the fire marshal and superintendent.	38785

(4)(a) Except as provided in division (A)(4)(b) of this	38786
section, a fireworks showroom structure that exists on ~~the~~	38787
~~effective date of this section~~June 30, 1997, shall be retrofitted	38788
on or before June 1, 1998, with interlinked fire detection, smoke	38789
exhaust, and smoke evacuation systems that are approved by the	38790
superintendent of the division of industrial compliance.	38791

(b) If meeting the retrofitting requirements set forth in	38792
division (A)(4)(a) of this section would constitute an extreme	38793
financial hardship that would force a licensee to terminate	38794
business operations or if a licensee voluntarily so elects, the	38795
licensee shall conduct sales only on the basis of ~~de-fused~~defused	38796
representative samples in closed and covered displays within the	38797
fireworks showroom, in which case division (A)(1) of this section	38798
does not apply.	38799

(5) A fireworks showroom structure that exists on ~~the~~	38800
~~effective date of this section~~June 30, 1997, shall be in	38801
compliance on or before June 1, 1998, with floor plans showing	38802
occupancy load limits and internal circulation and egress patterns	38803
that are approved by the fire marshal and superintendent of	38804
industrial compliance, and that are submitted under seal as	38805
required by section 3791.04 of the Revised Code.	38806

(B) The safety requirements established in division (A) of	38807
this section are not subject to any variance, waiver, or exclusion	38808
pursuant to this chapter or any applicable building code.	38809

Sec. 3743.75. (A) During the period beginning on June 29,	38810
2001, and ending on December 15, ~~2008~~2011, the state fire marshal	38811
shall not do any of the following:	38812

(1) Issue a license as a manufacturer of fireworks under	38813
sections 3743.02 and 3743.03 of the Revised Code to a person for a	38814
particular fireworks plant unless that person possessed such a	38815
license for that fireworks plant immediately prior to June 29,	38816
2001;	38817

(2) Issue a license as a wholesaler of fireworks under	38818
sections 3743.15 and 3743.16 of the Revised Code to a person for a	38819
particular location unless that person possessed such a license	38820
for that location immediately prior to June 29, 2001;	38821

(3) Except as provided in division (B) of this section,	38822
approve the geographic transfer of a license as a manufacturer or	38823
wholesaler of fireworks issued under this chapter to any location	38824
other than a location for which a license was issued under this	38825
chapter immediately prior to June 29, 2001.	38826

(B) Division (A)(3) of this section does not apply to a	38827
transfer that the state fire marshal approves under division (F)	38828
of section 3743.17 of the Revised Code.	38829

(C) Notwithstanding section 3743.59 of the Revised Code, the	38830
prohibited activities established in divisions (A)(1) and (2) of	38831
this section, geographic transfers approved pursuant to division	38832
(F) of section 3743.17 of the Revised Code, and storage locations	38833
allowed pursuant to division (I) of section 3743.04 of the Revised	38834
Code or division (G) of section 3743.17 of the Revised Code are	38835
not subject to any variance, waiver, or exclusion.	38836

(D) As used in division (A) of this section:

38837

(1) "Person" includes any person or entity, in whatever form	38838
or name, that acquires possession of a manufacturer or wholesaler	38839
of fireworks license issued pursuant to this chapter by transfer	38840
of possession of a license, whether that transfer occurs by	38841
purchase, assignment, inheritance, bequest, stock transfer, or any	38842
other type of transfer, on the condition that the transfer is in	38843
accordance with division (D) of section 3743.04 of the Revised	38844
Code or division (D) of section 3743.17 of the Revised Code and is	38845
approved by the fire marshal.	38846

(2) "Particular location" includes a licensed premises and,	38847
regardless of when approved, any storage location approved in	38848
accordance with section 3743.04 or 3743.17 of the Revised Code.	38849

(3) "Such a license" includes a wholesaler of fireworks	38850
license that was issued in place of a manufacturer of fireworks	38851
license that existed prior to June 29, 2001, and was requested to	38852
be canceled by the license holder pursuant to division (D) of	38853
section 3743.03 of the Revised Code.	38854

Sec. 3745.04. (A) As used in this section, "any person" means	38855
any individual, any partnership, corporation, association, or	38856
other legal entity, or any political subdivision, instrumentality,	38857
or agency of a state, whether or not the individual or legal	38858
entity is an applicant for or holder of a license, permit, or	38859
variance from the environmental protection agency, and includes	38860
any department, agency, or instrumentality of the federal	38861
government that is an applicant for or holder of a license,	38862
permit, or variance from the environmental protection agency.	38863

As used in this section, "action" or "act" includes the	38864
adoption, modification, or repeal of a rule or standard, the	38865
issuance, modification, or revocation of any lawful order other	38866
than an emergency order, and the issuance, denial, modification,	38867
or revocation of a license, permit, lease, variance, or	38868
certificate, or the approval or disapproval of plans and	38869
specifications pursuant to law or rules adopted thereunder.	38870

(B) Any person who was a party to a proceeding before the	38871
director of environmental protection may participate in an appeal	38872
to the environmental review appeals commission for an order	38873
vacating or modifying the action of the director or a local board	38874
of health, or ordering the director or board of health to perform	38875
an act. The environmental review appeals commission has exclusive	38876
original jurisdiction over any matter that may, under this	38877
section, be brought before it. However, the director has and	38878
retains jurisdiction to modify, amend, revise, renew, or revoke	38879
any permit, rule, order, or other action that has been appealed to	38880
the commission. The modification, amendment, revision, renewal, or	38881
revocation is subject to applicable public participation and	38882
public notice requirements and is subject to an appeal under this	38883
section or section 3745.07 of the Revised Code, as applicable. Not	38884
later than thirty days after the issuance of the modification,	38885
amendment, revision, renewal, or revocation, the director shall	38886
file with the commission and serve on each party to the existing	38887
appeal a statement notifying the commission and the party that the	38888
appealed action was revoked or describing how the appealed action	38889
was modified, amended, revised, or changed as part of a renewal,	38890
as applicable. A party to the existing appeal is deemed to have	38891
appealed such a modification, amendment, revision, renewal, or	38892
revocation upon filing with the commission and serving on all	38893
parties an objection to the modification, amendment, revision,	38894
renewal, or revocation. The objection shall be filed with the	38895
commission not later than thirty days after the director files the	38896
statement with the commission regarding the modification,	38897
amendment, revision, renewal, or revocation. The objection shall	38898
state any new grounds of appeal resulting from the modification,	38899
amendment, revision, renewal, or revocation. The commission shall	38900
not charge a fee for the filing of such an objection.	38901

~~The~~A person so appealing to the commission shall be known as	38902
appellant, and the director and any party to a proceeding	38903
substantially supporting the finding from which the appeal is	38904
taken shall be known as appellee, except that when an appeal	38905
involves a license to operate a disposal site or facility, the	38906
local board of health or the director of environmental protection,	38907
and any party to a proceeding substantially supporting the finding	38908
from which the appeal is taken, shall, as appropriate, be known as	38909
the appellee. Appellant and appellee shall be deemed to be parties	38910
to the appeal.	38911

(C) The director may appeal an action of a local board of	38912
health conducted under Chapter 3714. or 3734. of the Revised Code	38913
to the environmental review appeals commission for an order	38914
vacating or modifying the action of the board or may appeal to the	38915
commission for an order requiring the local board of health to	38916
perform an act.	38917

(D) An appeal shall be in writing and shall set forth the	38918
action complained of and the grounds upon which the appeal is	38919
based.	38920

The appeal shall be filed with the commission within thirty	38921
days after notice of the action. Notice of the filing of the	38922
appeal shall be filed with the appellee within three days after	38923
the appeal is filed with the commission.	38924

The appeal shall be accompanied by a filing fee of seventy	38925
dollars, which the commission, in its discretion, may reduce if by	38926
affidavit the appellant demonstrates that payment of the full	38927
amount of the fee would cause extreme hardship.	38928

Within seven days after receipt of the notice of an appeal	38929
filed under division (B) of this section, the director or local	38930
board of health, as applicable, shall prepare and certify to the	38931
commission a record of the proceedings out of which the appeal	38932
arises, including all documents and correspondence, and a	38933
transcript of all testimony.	38934

Upon the filing of an appeal, the commission shall fix the	38935
time and place at which the hearing on the appeal will be held.	38936
The commission shall give the appellant and the appellee at least	38937
ten days' written notice thereof by certified mail. The commission	38938
shall hold the hearing within thirty days after the notice of	38939
appeal is filed. The commission may postpone or continue any	38940
hearing upon its own motion or upon application of the appellant	38941
or of the appellee.	38942

The filing of an appeal does not automatically suspend or	38943
stay execution of the action appealed from. Upon application by	38944
the appellant, the commission may suspend or stay the execution	38945
pending immediate determination of the appeal without interruption	38946
by continuances, other than for unavoidable circumstances.	38947

(E) As used in this section and sections 3745.05 and 3745.06	38948
of the Revised Code, "director of environmental protection" and	38949
"director" are deemed to include the director of agriculture and	38950
"environmental protection agency" is deemed to include the	38951
department of agriculture with respect to actions that are	38952
appealable to the commission under Chapter 903. of the Revised	38953
Code.	38954

Sec. 3745.11. (A) Applicants for and holders of permits,	38955
licenses, variances, plan approvals, and certifications issued by	38956
the director of environmental protection pursuant to Chapters	38957
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	38958
to the environmental protection agency for each such issuance and	38959
each application for an issuance as provided by this section. No	38960
fee shall be charged for any issuance for which no application has	38961
been submitted to the director.	38962

(B) Each person who is issued a permit to install prior to	38963
July 1, 2003, pursuant to rules adopted under division (F) of	38964
section 3704.03 of the Revised Code shall pay the fees specified	38965
in the following schedules:	38966

(1) Fuel-burning equipment (boilers)

38967

Input capacity (maximum)					38968
(million British thermal units per hour)		Permit to install			38969

Greater than 0, but less than 10	$ 200	38970
10 or more, but less than 100	400	38971
100 or more, but less than 300	800	38972
300 or more, but less than 500	1500	38973
500 or more, but less than 1000	2500	38974
1000 or more, but less than 5000	4000	38975
5000 or more	6000	38976

Units burning exclusively natural gas, number two fuel oil,	38977
or both shall be assessed a fee that is one-half of the applicable	38978
amount established in division (F)(1) of this section.	38979

(2) Incinerators

38980

Input capacity (pounds per hour)

Permit to install

38981

0 to 100	$ 100	38982
101 to 500	400	38983
501 to 2000	750	38984
2001 to 20,000	1000	38985
more than 20,000	2500	38986

(3)(a) Process

38987

Process weight rate (pounds per hour)

Permit to install

38988

0 to 1000	$ 200	38989
1001 to 5000	400	38990
5001 to 10,000	600	38991
10,001 to 50,000	800	38992
more than 50,000	1000	38993

In any process where process weight rate cannot be	38994
ascertained, the minimum fee shall be assessed.	38995

(b) Notwithstanding division (B)(3)(a) of this section, any	38996
person issued a permit to install pursuant to rules adopted under	38997
division (F) of section 3704.03 of the Revised Code shall pay the	38998
fees established in division (B)(3)(c) of this section for a	38999
process used in any of the following industries, as identified by	39000
the applicable four-digit standard industrial classification code	39001
according to the Standard Industrial Classification Manual	39002
published by the United States office of management and budget in	39003
the executive office of the president, 1972, as revised:	39004

1211 Bituminous coal and lignite mining;

39005

1213 Bituminous coal and lignite mining services;

39006

1411 Dimension stone;

39007

1422 Crushed and broken limestone;

39008

1427 Crushed and broken stone, not elsewhere classified;

39009

1442 Construction sand and gravel;

39010

1446 Industrial sand;

39011

3281 Cut stone and stone products;

39012

3295 Minerals and earth, ground or otherwise treated.

39013

(c) The fees established in the following schedule apply to	39014
the issuance of a permit to install pursuant to rules adopted	39015
under division (F) of section 3704.03 of the Revised Code for a	39016
process listed in division (B)(3)(b) of this section:	39017

Process weight rate (pounds per hour)

Permit to install

39018

0 to 1000	$ 200	39019
10,001 to 50,000	300	39020
50,001 to 100,000	400	39021
100,001 to 200,000	500	39022
200,001 to 400,000	600	39023
400,001 or more	700	39024

(4) Storage tanks

39025

Gallons (maximum useful capacity)

Permit to install

39026

0 to 20,000	$ 100	39027
20,001 to 40,000	150	39028
40,001 to 100,000	200	39029
100,001 to 250,000	250	39030
250,001 to 500,000	350	39031
500,001 to 1,000,000	500	39032
1,000,001 or greater	750	39033

(5) Gasoline/fuel dispensing facilities

39034

For each gasoline/fuel dispensing		Permit to install			39035
facility		$ 100			39036

(6) Dry cleaning facilities

39037

For each dry cleaning facility		Permit to install			39038
(includes all units at the facility)		$ 100			39039

(7) Registration status

39040

For each source covered		Permit to install			39041
by registration status		$ 75			39042

(C)(1) Except as otherwise provided in division (C)(2) of	39043
this section, beginning July 1, 1994, each person who owns or	39044
operates an air contaminant source and who is required to apply	39045
for and obtain a Title V permit under section 3704.036 of the	39046
Revised Code shall pay the fees set forth in division (C)(1) of	39047
this section. For the purposes of that division, total emissions	39048
of air contaminants may be calculated using engineering	39049
calculations, emissions factors, material balance calculations, or	39050
performance testing procedures, as authorized by the director.	39051

The following fees shall be assessed on the total actual	39052
emissions from a source in tons per year of the regulated	39053
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	39054
organic compounds, and lead:	39055

(a) Fifteen dollars per ton on the total actual emissions of	39056
each such regulated pollutant during the period July through	39057
December 1993, to be collected no sooner than July 1, 1994;	39058

(b) Twenty dollars per ton on the total actual emissions of	39059
each such regulated pollutant during calendar year 1994, to be	39060
collected no sooner than April 15, 1995;	39061

(c) Twenty-five dollars per ton on the total actual emissions	39062
of each such regulated pollutant in calendar year 1995, and each	39063
subsequent calendar year, to be collected no sooner than the	39064
fifteenth day of April of the year next succeeding the calendar	39065
year in which the emissions occurred.	39066

The fees levied under division (C)(1) of this section do not	39067
apply to that portion of the emissions of a regulated pollutant at	39068
a facility that exceed four thousand tons during a calendar year.	39069

(2) The fees assessed under division (C)(1) of this section	39070
are for the purpose of providing funding for the Title V permit	39071
program.	39072

(3) The fees assessed under division (C)(1) of this section	39073
do not apply to emissions from any electric generating unit	39074
designated as a Phase I unit under Title IV of the federal Clean	39075
Air Act prior to calendar year 2000. Those fees shall be assessed	39076
on the emissions from such a generating unit commencing in	39077
calendar year 2001 based upon the total actual emissions from the	39078
generating unit during calendar year 2000 and shall continue to be	39079
assessed each subsequent calendar year based on the total actual	39080
emissions from the generating unit during the preceding calendar	39081
year.	39082

(4) The director shall issue invoices to owners or operators	39083
of air contaminant sources who are required to pay a fee assessed	39084
under division (C) or (D) of this section. Any such invoice shall	39085
be issued no sooner than the applicable date when the fee first	39086
may be collected in a year under the applicable division, shall	39087
identify the nature and amount of the fee assessed, and shall	39088
indicate that the fee is required to be paid within thirty days	39089
after the issuance of the invoice.	39090

(D)(1) Except as provided in division (D)(3) of this section,	39091
from January 1, 1994, through December 31, 2003, each person who	39092
owns or operates an air contaminant source; who is required to	39093
apply for a permit to operate pursuant to rules adopted under	39094
division (G), or a variance pursuant to division (H), of section	39095
3704.03 of the Revised Code; and who is not required to apply for	39096
and obtain a Title V permit under section 3704.036 of the Revised	39097
Code shall pay a single fee based upon the sum of the actual	39098
annual emissions from the facility of the regulated pollutants	39099
particulate matter, sulfur dioxide, nitrogen oxides, organic	39100
compounds, and lead in accordance with the following schedule:	39101

Total tons per year		39102
of regulated pollutants	Annual fee	39103
emitted	per facility	39104
More than 0, but less than 50	$ 75	39105
50 or more, but less than 100	300	39106
100 or more	700	39107

(2) Except as provided in division (D)(3) of this section,	39108
beginning January 1, 2004, each person who owns or operates an air	39109
contaminant source; who is required to apply for a permit to	39110
operate pursuant to rules adopted under division (G), or a	39111
variance pursuant to division (H), of section 3704.03 of the	39112
Revised Code; and who is not required to apply for and obtain a	39113
Title V permit under section 3704.03 of the Revised Code shall pay	39114
a single fee based upon the sum of the actual annual emissions	39115
from the facility of the regulated pollutants particulate matter,	39116
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	39117
accordance with the following schedule:	39118

Total tons per year		39119
of regulated pollutants	Annual fee	39120
emitted	per facility	39121
More than 0, but less than 10	$ 100	39122
10 or more, but less than 50	200	39123
50 or more, but less than 100	300	39124
100 or more	700	39125

(3)(a) As used in division (D) of this section, "synthetic	39126
minor facility" means a facility for which one or more permits to	39127
install or permits to operate have been issued for the air	39128
contaminant sources at the facility that include terms and	39129
conditions that lower the facility's potential to emit air	39130
contaminants below the major source thresholds established in	39131
rules adopted under section 3704.036 of the Revised Code.	39132

(b) Beginning January 1, 2000, through June 30, ~~2008~~2010,	39133
each person who owns or operates a synthetic minor facility shall	39134
pay an annual fee based on the sum of the actual annual emissions	39135
from the facility of particulate matter, sulfur dioxide, nitrogen	39136
dioxide, organic compounds, and lead in accordance with the	39137
following schedule:	39138

Combined total tons		39139
per year of all regulated	Annual fee	39140
pollutants emitted	per facility	39141

Less than 10	$ 170	39142
10 or more, but less than 20	340	39143
20 or more, but less than 30	670	39144
30 or more, but less than 40	1,010	39145
40 or more, but less than 50	1,340	39146
50 or more, but less than 60	1,680	39147
60 or more, but less than 70	2,010	39148
70 or more, but less than 80	2,350	39149
80 or more, but less than 90	2,680	39150
90 or more, but less than 100	3,020	39151
100 or more	3,350	39152

(4) The fees assessed under division (D)(1) of this section	39153
shall be collected annually no sooner than the fifteenth day of	39154
April, commencing in 1995. The fees assessed under division	39155
(D)(2) of this section shall be collected annually no sooner than	39156
the fifteenth day of April, commencing in 2005. The fees assessed	39157
under division (D)(3) of this section shall be collected no sooner	39158
than the fifteenth day of April, commencing in 2000. The fees	39159
assessed under division (D) of this section in a calendar year	39160
shall be based upon the sum of the actual emissions of those	39161
regulated pollutants during the preceding calendar year. For the	39162
purpose of division (D) of this section, emissions of air	39163
contaminants may be calculated using engineering calculations,	39164
emission factors, material balance calculations, or performance	39165
testing procedures, as authorized by the director. The director,	39166
by rule, may require persons who are required to pay the fees	39167
assessed under division (D) of this section to pay those fees	39168
biennially rather than annually.	39169

(E)(1) Consistent with the need to cover the reasonable costs	39170
of the Title V permit program, the director annually shall	39171
increase the fees prescribed in division (C)(1) of this section by	39172
the percentage, if any, by which the consumer price index for the	39173
most recent calendar year ending before the beginning of a year	39174
exceeds the consumer price index for calendar year 1989. Upon	39175
calculating an increase in fees authorized by division (E)(1) of	39176
this section, the director shall compile revised fee schedules for	39177
the purposes of division (C)(1) of this section and shall make the	39178
revised schedules available to persons required to pay the fees	39179
assessed under that division and to the public.	39180

(2) For the purposes of division (E)(1) of this section:

39181

(a) The consumer price index for any year is the average of	39182
the consumer price index for all urban consumers published by the	39183
United States department of labor as of the close of the	39184
twelve-month period ending on the thirty-first day of August of	39185
that year.	39186

(b) If the 1989 consumer price index is revised, the director	39187
shall use the revision of the consumer price index that is most	39188
consistent with that for calendar year 1989.	39189

(F) Each person who is issued a permit to install pursuant to	39190
rules adopted under division (F) of section 3704.03 of the Revised	39191
Code on or after July 1, 2003, shall pay the fees specified in the	39192
following schedules:	39193

(1) Fuel-burning equipment (boilers, furnaces, or process	39194
heaters used in the process of burning fuel for the primary	39195
purpose of producing heat or power by indirect heat transfer)	39196

Input capacity (maximum)		39197
(million British thermal units per hour)	Permit to install	39198
Greater than 0, but less than 10	$ 200	39199
10 or more, but less than 100	400	39200
100 or more, but less than 300	1000	39201
300 or more, but less than 500	2250	39202
500 or more, but less than 1000	3750	39203
1000 or more, but less than 5000	6000	39204
5000 or more	9000	39205

Units burning exclusively natural gas, number two fuel oil,	39206
or both shall be assessed a fee that is one-half the applicable	39207
amount shown in division (F)(1) of this section.	39208

(2) Combustion turbines and stationary internal combustion	39209
engines designed to generate electricity	39210

Generating capacity (mega watts)	Permit to install	39211
0 or more, but less than 10	$ 25	39212
10 or more, but less than 25	150	39213
25 or more, but less than 50	300	39214
50 or more, but less than 100	500	39215
100 or more, but less than 250	1000	39216
250 or more	2000	39217

(3) Incinerators

39218

Input capacity (pounds per hour)	Permit to install	39219
0 to 100	$ 100	39220
101 to 500	500	39221
501 to 2000	1000	39222
2001 to 20,000	1500	39223
more than 20,000	3750	39224

(4)(a) Process

39225

Process weight rate (pounds per hour)	Permit to install	39226
0 to 1000	$ 200	39227
1001 to 5000	500	39228
5001 to 10,000	750	39229
10,001 to 50,000	1000	39230
more than 50,000	1250	39231

In any process where process weight rate cannot be	39232
ascertained, the minimum fee shall be assessed. A boiler, furnace,	39233
combustion turbine, stationary internal combustion engine, or	39234
process heater designed to provide direct heat or power to a	39235
process not designed to generate electricity shall be assessed a	39236
fee established in division (F)(4)(a) of this section. A	39237
combustion turbine or stationary internal combustion engine	39238
designed to generate electricity shall be assessed a fee	39239
established in division (F)(2) of this section.	39240

(b) Notwithstanding division (F)(4)(a) of this section, any	39241
person issued a permit to install pursuant to rules adopted under	39242
division (F) of section 3704.03 of the Revised Code shall pay the	39243
fees set forth in division (F)(4)(c) of this section for a process	39244
used in any of the following industries, as identified by the	39245
applicable two-digit, three-digit, or four-digit standard	39246
industrial classification code according to the Standard	39247
Industrial Classification Manual published by the United States	39248
office of management and budget in the executive office of the	39249
president, 1987, as revised:	39250

Major group 10, metal mining;

39251

Major group 12, coal mining;

39252

Major group 14, mining and quarrying of nonmetallic minerals;

39253

Industry group 204, grain mill products;

39254

2873 Nitrogen fertilizers;

39255

2874 Phosphatic fertilizers;

39256

3281 Cut stone and stone products;

39257

3295 Minerals and earth, ground or otherwise treated;

39258

4221 Grain elevators (storage only);

39259

5159 Farm related raw materials;

39260

5261 Retail nurseries and lawn and garden supply stores.

39261

(c) The fees set forth in the following schedule apply to the	39262
issuance of a permit to install pursuant to rules adopted under	39263
division (F) of section 3704.03 of the Revised Code for a process	39264
identified in division (F)(4)(b) of this section:	39265

Process weight rate (pounds per hour)	Permit to install	39266
0 to 10,000	$ 200	39267
10,001 to 50,000	400	39268
50,001 to 100,000	500	39269
100,001 to 200,000	600	39270
200,001 to 400,000	750	39271
400,001 or more	900	39272

(5) Storage tanks

39273

Gallons (maximum useful capacity)	Permit to install	39274
0 to 20,000	$ 100	39275
20,001 to 40,000	150	39276
40,001 to 100,000	250	39277
100,001 to 500,000	400	39278
500,001 or greater	750	39279

(6) Gasoline/fuel dispensing facilities

39280

For each gasoline/fuel		39281
dispensing facility (includes all	Permit to install	39282
units at the facility)	$ 100	39283

(7) Dry cleaning facilities

39284

For each dry cleaning		39285
facility (includes all units	Permit to install	39286
at the facility)	$ 100	39287

(8) Registration status

39288

For each source covered			Permit to install			39289
by registration status			$ 75			39290

(G) An owner or operator who is responsible for an asbestos	39291
demolition or renovation project pursuant to rules adopted under	39292
section 3704.03 of the Revised Code shall pay the fees set forth	39293
in the following schedule:	39294

Action	Fee	39295
Each notification	$75	39296
Asbestos removal	$3/unit	39297
Asbestos cleanup	$4/cubic yard	39298

For purposes of this division, "unit" means any combination of	39299
linear feet or square feet equal to fifty.	39300

(H) A person who is issued an extension of time for a permit	39301
to install an air contaminant source pursuant to rules adopted	39302
under division (F) of section 3704.03 of the Revised Code shall	39303
pay a fee equal to one-half the fee originally assessed for the	39304
permit to install under this section, except that the fee for such	39305
an extension shall not exceed two hundred dollars.	39306

(I) A person who is issued a modification to a permit to	39307
install an air contaminant source pursuant to rules adopted under	39308
section 3704.03 of the Revised Code shall pay a fee equal to	39309
one-half of the fee that would be assessed under this section to	39310
obtain a permit to install the source. The fee assessed by this	39311
division only applies to modifications that are initiated by the	39312
owner or operator of the source and shall not exceed two thousand	39313
dollars.	39314

(J) Notwithstanding division (B) or (F) of this section, a	39315
person who applies for or obtains a permit to install pursuant to	39316
rules adopted under division (F) of section 3704.03 of the Revised	39317
Code after the date actual construction of the source began shall	39318
pay a fee for the permit to install that is equal to twice the fee	39319
that otherwise would be assessed under the applicable division	39320
unless the applicant received authorization to begin construction	39321
under division (W) of section 3704.03 of the Revised Code. This	39322
division only applies to sources for which actual construction of	39323
the source begins on or after July 1, 1993. The imposition or	39324
payment of the fee established in this division does not preclude	39325
the director from taking any administrative or judicial	39326
enforcement action under this chapter, Chapter 3704., 3714.,	39327
3734., or 6111. of the Revised Code, or a rule adopted under any	39328
of them, in connection with a violation of rules adopted under	39329
division (F) of section 3704.03 of the Revised Code.	39330

As used in this division, "actual construction of the source"	39331
means the initiation of physical on-site construction activities	39332
in connection with improvements to the source that are permanent	39333
in nature, including, without limitation, the installation of	39334
building supports and foundations and the laying of underground	39335
pipework.	39336

(K) Fifty cents per ton of each fee assessed under division	39337
(C) of this section on actual emissions from a source and received	39338
by the environmental protection agency pursuant to that division	39339
shall be deposited into the state treasury to the credit of the	39340
small business assistance fund created in section 3706.19 of the	39341
Revised Code. The remainder of the moneys received by the division	39342
pursuant to that division and moneys received by the agency	39343
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	39344
section shall be deposited in the state treasury to the credit of	39345
the clean air fund created in section 3704.035 of the Revised	39346
Code.	39347

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	39348
or (c) of this section, a person issued a water discharge permit	39349
or renewal of a water discharge permit pursuant to Chapter 6111.	39350
of the Revised Code shall pay a fee based on each point source to	39351
which the issuance is applicable in accordance with the following	39352
schedule:	39353

Design flow discharge (gallons per day)	Fee	39354
0 to 1000	$ 0	39355
1,001 to 5000	100	39356
5,001 to 50,000	200	39357
50,001 to 100,000	300	39358
100,001 to 300,000	525	39359
over 300,000	750	39360

(b) Notwithstanding the fee schedule specified in division	39361
(L)(1)(a) of this section, the fee for a water discharge permit	39362
that is applicable to coal mining operations regulated under	39363
Chapter 1513. of the Revised Code shall be two hundred fifty	39364
dollars per mine.	39365

(c) Notwithstanding the fee schedule specified in division	39366
(L)(1)(a) of this section, the fee for a water discharge permit	39367
for a public discharger identified by I in the third character of	39368
the permittee's NPDES permit number shall not exceed seven hundred	39369
fifty dollars.	39370

(2) A person applying for a plan approval for a wastewater	39371
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	39372
of the Revised Code shall pay a fee of one hundred dollars plus	39373
sixty-five one-hundredths of one per cent of the estimated project	39374
cost through June 30, ~~2008~~2010, and one hundred dollars plus	39375
two-tenths of one per cent of the estimated project cost on and	39376
after July 1, ~~2008~~2010, except that the total fee shall not	39377
exceed fifteen thousand dollars through June 30, ~~2008~~2010, and	39378
five thousand dollars on and after July 1, ~~2008~~2010. The fee	39379
shall be paid at the time the application is submitted.	39380

(3) A person issued a modification of a water discharge	39381
permit shall pay a fee equal to one-half the fee that otherwise	39382
would be charged for a water discharge permit, except that the fee	39383
for the modification shall not exceed four hundred dollars.	39384

(4) A person who has entered into an agreement with the	39385
director under section 6111.14 of the Revised Code shall pay an	39386
administrative service fee for each plan submitted under that	39387
section for approval that shall not exceed the minimum amount	39388
necessary to pay administrative costs directly attributable to	39389
processing plan approvals. The director annually shall calculate	39390
the fee and shall notify all persons who have entered into	39391
agreements under that section, or who have applied for agreements,	39392
of the amount of the fee.	39393

(5)(a)(i) Not later than January 30, ~~2006~~2008, and January	39394
30, ~~2007~~2009, a person holding an NPDES discharge permit issued	39395
pursuant to Chapter 6111. of the Revised Code with an average	39396
daily discharge flow of five thousand gallons or more shall pay a	39397
nonrefundable annual discharge fee. Any person who fails to pay	39398
the fee at that time shall pay an additional amount that equals	39399
ten per cent of the required annual discharge fee.	39400

(ii) The billing year for the annual discharge fee	39401
established in division (L)(5)(a)(i) of this section shall consist	39402
of a twelve-month period beginning on the first day of January of	39403
the year preceding the date when the annual discharge fee is due.	39404
In the case of an existing source that permanently ceases to	39405
discharge during a billing year, the director shall reduce the	39406
annual discharge fee, including the surcharge applicable to	39407
certain industrial facilities pursuant to division (L)(5)(c) of	39408
this section, by one-twelfth for each full month during the	39409
billing year that the source was not discharging, but only if the	39410
person holding the NPDES discharge permit for the source notifies	39411
the director in writing, not later than the first day of October	39412
of the billing year, of the circumstances causing the cessation of	39413
discharge.	39414

(iii) The annual discharge fee established in division	39415
(L)(5)(a)(i) of this section, except for the surcharge applicable	39416
to certain industrial facilities pursuant to division (L)(5)(c) of	39417
this section, shall be based upon the average daily discharge flow	39418
in gallons per day calculated using first day of May through	39419
thirty-first day of October flow data for the period two years	39420
prior to the date on which the fee is due. In the case of NPDES	39421
discharge permits for new sources, the fee shall be calculated	39422
using the average daily design flow of the facility until actual	39423
average daily discharge flow values are available for the time	39424
period specified in division (L)(5)(a)(iii) of this section. The	39425
annual discharge fee may be prorated for a new source as described	39426
in division (L)(5)(a)(ii) of this section.	39427

(b) An NPDES permit holder that is a public discharger shall	39428
pay the fee specified in the following schedule:	39429

Average daily	Fee due by	39430
discharge flow	January 30,	39431
	~~2006~~ 2008, and	39432
	January 30, ~~2007~~ 2009	39433

5,000 to 49,999	$ 200	39434
50,000 to 100,000	500	39435
100,001 to 250,000	1,050	39436
250,001 to 1,000,000	2,600	39437
1,000,001 to 5,000,000	5,200	39438
5,000,001 to 10,000,000	10,350	39439
10,000,001 to 20,000,000	15,550	39440
20,000,001 to 50,000,000	25,900	39441
50,000,001 to 100,000,000	41,400	39442
100,000,001 or more	62,100	39443

Public dischargers owning or operating two or more publicly	39444
owned treatment works serving the same political subdivision, as	39445
"treatment works" is defined in section 6111.01 of the Revised	39446
Code, and that serve exclusively political subdivisions having a	39447
population of fewer than one hundred thousand shall pay an annual	39448
discharge fee under division (L)(5)(b) of this section that is	39449
based on the combined average daily discharge flow of the	39450
treatment works.	39451

(c) An NPDES permit holder that is an industrial discharger,	39452
other than a coal mining operator identified by P in the third	39453
character of the permittee's NPDES permit number, shall pay the	39454
fee specified in the following schedule:	39455

Average daily	Fee due by	39456
discharge flow	January 30,	39457
	~~2006~~ 2008, and	39458
	January 30, ~~2007~~ 2009	39459

5,000 to 49,999	$ 250	39460
50,000 to 250,000	1,200	39461
250,001 to 1,000,000	2,950	39462
1,000,001 to 5,000,000	5,850	39463
5,000,001 to 10,000,000	8,800	39464
10,000,001 to 20,000,000	11,700	39465
20,000,001 to 100,000,000	14,050	39466
100,000,001 to 250,000,000	16,400	39467
250,000,001 or more	18,700	39468

In addition to the fee specified in the above schedule, an	39469
NPDES permit holder that is an industrial discharger classified as	39470
a major discharger during all or part of the annual discharge fee	39471
billing year specified in division (L)(5)(a)(ii) of this section	39472
shall pay a nonrefundable annual surcharge of seven thousand five	39473
hundred dollars not later than January 30, ~~2006~~2008, and not	39474
later than January 30, ~~2007~~2009. Any person who fails to pay the	39475
surcharge at that time shall pay an additional amount that equals	39476
ten per cent of the amount of the surcharge.	39477

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	39478
section, a public discharger identified by I in the third	39479
character of the permittee's NPDES permit number and an industrial	39480
discharger identified by I, J, L, V, W, X, Y, or Z in the third	39481
character of the permittee's NPDES permit number shall pay a	39482
nonrefundable annual discharge fee of one hundred eighty dollars	39483
not later than January 30, ~~2006~~2008, and not later than January	39484
30, ~~2007~~2009. Any person who fails to pay the fee at that time	39485
shall pay an additional amount that equals ten per cent of the	39486
required fee.	39487

(6) Each person obtaining a national pollutant discharge	39488
elimination system general or individual permit for municipal	39489
storm water discharge shall pay a nonrefundable storm water	39490
discharge fee of one hundred dollars per square mile of area	39491
permitted. The fee shall not exceed ten thousand dollars and shall	39492
be payable on or before January 30, 2004, and the thirtieth day of	39493
January of each year thereafter. Any person who fails to pay the	39494
fee on the date specified in division (L)(6) of this section shall	39495
pay an additional amount per year equal to ten per cent of the	39496
annual fee that is unpaid.	39497

(7) The director shall transmit all moneys collected under	39498
division (L) of this section to the treasurer of state for deposit	39499
into the state treasury to the credit of the surface water	39500
protection fund created in section 6111.038 of the Revised Code.	39501

(8) As used in division (L) of this section:

39502

(a) "NPDES" means the federally approved national pollutant	39503
discharge elimination system program for issuing, modifying,	39504
revoking, reissuing, terminating, monitoring, and enforcing	39505
permits and imposing and enforcing pretreatment requirements under	39506
Chapter 6111. of the Revised Code and rules adopted under it.	39507

(b) "Public discharger" means any holder of an NPDES permit	39508
identified by P in the second character of the NPDES permit number	39509
assigned by the director.	39510

(c) "Industrial discharger" means any holder of an NPDES	39511
permit identified by I in the second character of the NPDES permit	39512
number assigned by the director.	39513

(d) "Major discharger" means any holder of an NPDES permit	39514
classified as major by the regional administrator of the United	39515
States environmental protection agency in conjunction with the	39516
director.	39517

(M) Through June 30, ~~2008~~2010, a person applying for a	39518
license or license renewal to operate a public water system under	39519
section 6109.21 of the Revised Code shall pay the appropriate fee	39520
established under this division at the time of application to the	39521
director. Any person who fails to pay the fee at that time shall	39522
pay an additional amount that equals ten per cent of the required	39523
fee. The director shall transmit all moneys collected under this	39524
division to the treasurer of state for deposit into the drinking	39525
water protection fund created in section 6109.30 of the Revised	39526
Code.	39527

Except as provided in division (M)(4) of this section, fees	39528
required under this division shall be calculated and paid in	39529
accordance with the following schedule:	39530

(1) For the initial license required under division (A)(1) of	39531
section 6109.21 of the Revised Code for any public water system	39532
that is a community water system as defined in section 6109.01 of	39533
the Revised Code, and for each license renewal required for such a	39534
system prior to January 31, ~~2008~~2010, the fee is:	39535

Number of service connections		Fee amount	39536
	Not more than 49	$ 112	39537
	50 to 99	176	39538

Number of service connections		Average cost per connection	39539
	100 to 2,499	$ 1.92	39540
	2,500 to 4,999	1.48	39541
	5,000 to 7,499	1.42	39542
	7,500 to 9,999	1.34	39543
	10,000 to 14,999	1.16	39544
	15,000 to 24,999	1.10	39545
	25,000 to 49,999	1.04	39546
	50,000 to 99,999	.92	39547
	100,000 to 149,999	.86	39548
	150,000 to 199,999	.80	39549
	200,000 or more	.76	39550

A public water system may determine how it will pay the total	39551
amount of the fee calculated under division (M)(1) of this	39552
section, including the assessment of additional user fees that may	39553
be assessed on a volumetric basis.	39554

As used in division (M)(1) of this section, "service	39555
connection" means the number of active or inactive pipes,	39556
goosenecks, pigtails, and any other fittings connecting a water	39557
main to any building outlet.	39558

(2) For the initial license required under division (A)(2) of	39559
section 6109.21 of the Revised Code for any public water system	39560
that is not a community water system and serves a nontransient	39561
population, and for each license renewal required for such a	39562
system prior to January 31, ~~2008~~2010, the fee is:	39563

Population served	Fee amount	39564
Fewer than 150	$ 112	39565
150 to 299	176	39566
300 to 749	384	39567
750 to 1,499	628	39568
1,500 to 2,999	1,268	39569
3,000 to 7,499	2,816	39570
7,500 to 14,999	5,510	39571
15,000 to 22,499	9,048	39572
22,500 to 29,999	12,430	39573
30,000 or more	16,820	39574

As used in division (M)(2) of this section, "population	39575
served" means the total number of individuals receiving water from	39576
the water supply during a twenty-four-hour period for at least	39577
sixty days during any calendar year. In the absence of a specific	39578
population count, that number shall be calculated at the rate of	39579
three individuals per service connection.	39580

(3) For the initial license required under division (A)(3) of	39581
section 6109.21 of the Revised Code for any public water system	39582
that is not a community water system and serves a transient	39583
population, and for each license renewal required for such a	39584
system prior to January 31, ~~2008~~2010, the fee is:	39585

Number of wells supplying system		Fee amount	39586
	1	$112	39587
	2	112	39588
	3	176	39589
	4	278	39590
	5	568	39591
	System designated as using a		39592
	surface water source	792	39593

As used in division (M)(3) of this section, "number of wells	39594
supplying system" means those wells that are physically connected	39595
to the plumbing system serving the public water system.	39596

(4) A public water system designated as using a surface water	39597
source shall pay a fee of seven hundred ninety-two dollars or the	39598
amount calculated under division (M)(1) or (2) of this section,	39599
whichever is greater.	39600

(N)(1) A person applying for a plan approval for a public	39601
water supply system under section 6109.07 of the Revised Code	39602
shall pay a fee of one hundred fifty dollars plus thirty-five	39603
hundredths of one per cent of the estimated project cost, except	39604
that the total fee shall not exceed twenty thousand dollars	39605
through June 30, ~~2008~~2010, and fifteen thousand dollars on and	39606
after July 1, ~~2008~~2010. The fee shall be paid at the time the	39607
application is submitted.	39608

(2) A person who has entered into an agreement with the	39609
director under division (A)(2) of section 6109.07 of the Revised	39610
Code shall pay an administrative service fee for each plan	39611
submitted under that section for approval that shall not exceed	39612
the minimum amount necessary to pay administrative costs directly	39613
attributable to processing plan approvals. The director annually	39614
shall calculate the fee and shall notify all persons that have	39615
entered into agreements under that division, or who have applied	39616
for agreements, of the amount of the fee.	39617

(3) Through June 30, ~~2008~~2010, the following fee, on a per	39618
survey basis, shall be charged any person for services rendered by	39619
the state in the evaluation of laboratories and laboratory	39620
personnel for compliance with accepted analytical techniques and	39621
procedures established pursuant to Chapter 6109. of the Revised	39622
Code for determining the qualitative characteristics of water:	39623

microbiological			39624
	MMO-MUG	$2,000	39625
	MF	2,100	39626
	MMO-MUG and MF	2,550	39627
organic chemical		5,400	39628
trace metals		5,400	39629
standard chemistry		2,800	39630
limited chemistry		1,550	39631

On and after July 1, ~~2008~~2010, the following fee, on a per	39632
survey basis, shall be charged any such person:	39633

microbiological	$ 1,650	39634
organic chemicals	3,500	39635
trace metals	3,500	39636
standard chemistry	1,800	39637
limited chemistry	1,000	39638

The fee for those services shall be paid at the time the request	39639
for the survey is made. Through June 30, ~~2008~~ 2010, an individual	39640
laboratory shall not be assessed a fee under this division more	39641
than once in any three-year period unless the person requests the	39642
addition of analytical methods or analysts, in which case the	39643
person shall pay eighteen hundred dollars for each additional	39644
survey requested.	39645

As used in division (N)(3) of this section:

39646

(a) "MF" means microfiltration.

39647

(b) "MMO" means minimal medium ONPG.

39648

39649

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

39650

The director shall transmit all moneys collected under this	39651
division to the treasurer of state for deposit into the drinking	39652
water protection fund created in section 6109.30 of the Revised	39653
Code.	39654

(O) Any person applying to the director for examination for	39655
certification as an operator of a water supply system or	39656
wastewater system under Chapter 6109. or 6111. of the Revised	39657
Code, at the time the application is submitted, shall pay an	39658
application fee of forty-five dollars through November 30, ~~2008~~	39659
2010, and twenty-five dollars on and after December 1, ~~2008~~2010.	39660
Upon approval from the director that the applicant is eligible to	39661
take the examination therefor, the applicant shall pay a fee in	39662
accordance with the following schedule through November 30, ~~2008~~	39663
2010:	39664

Class A operator	$35	39665
Class I operator	60	39666
Class II operator	75	39667
Class III operator	85	39668
Class IV operator	100	39669

On and after December 1, ~~2008~~2010, the applicant shall pay a	39670
fee in accordance with the following schedule:	39671

Class A operator	$25	39672
Class I operator	$45	39673
Class II operator	55	39674
Class III operator	65	39675
Class IV operator	75	39676

A person shall pay a biennial certification renewal fee for	39677
each applicable class of certification in accordance with the	39678
following schedule:	39679

Class A operator	$25	39680
Class I operator	35	39681
Class II operator	45	39682
Class III operator	55	39683
Class IV operator	65	39684

If a certification renewal fee is received by the director	39685
more than thirty days, but not more than one year after the	39686
expiration date of the certification, the person shall pay a	39687
certification renewal fee in accordance with the following	39688
schedule:	39689

Class A operator	$45	39690
Class I operator	55	39691
Class II operator	65	39692
Class III operator	75	39693
Class IV operator	85	39694

A person who requests a replacement certificate shall pay a	39695
fee of twenty-five dollars at the time the request is made.	39696

The director shall transmit all moneys collected under this	39697
division to the treasurer of state for deposit into the drinking	39698
water protection fund created in section 6109.30 of the Revised	39699
Code.	39700

(P) Any person submitting an application for an industrial	39701
water pollution control certificate under section 6111.31 of the	39702
Revised Code, as that section existed before its repeal by H.B. 95	39703
of the 125th general assembly, shall pay a nonrefundable fee of	39704
five hundred dollars at the time the application is submitted. The	39705
director shall transmit all moneys collected under this division	39706
to the treasurer of state for deposit into the surface water	39707
protection fund created in section 6111.038 of the Revised Code. A	39708
person paying a certificate fee under this division shall not pay	39709
an application fee under division (S)(1) of this section. On and	39710
after June 26, 2003, persons shall file such applications and pay	39711
the fee as required under sections 5709.20 to 5709.27 of the	39712
Revised Code, and proceeds from the fee shall be credited as	39713
provided in section 5709.212 of the Revised Code.	39714

(Q) Except as otherwise provided in division (R) of this	39715
section, a person issued a permit by the director for a new solid	39716
waste disposal facility other than an incineration or composting	39717
facility, a new infectious waste treatment facility other than an	39718
incineration facility, or a modification of such an existing	39719
facility that includes an increase in the total disposal or	39720
treatment capacity of the facility pursuant to Chapter 3734. of	39721
the Revised Code shall pay a fee of ten dollars per thousand cubic	39722
yards of disposal or treatment capacity, or one thousand dollars,	39723
whichever is greater, except that the total fee for any such	39724
permit shall not exceed eighty thousand dollars. A person issued a	39725
modification of a permit for a solid waste disposal facility or an	39726
infectious waste treatment facility that does not involve an	39727
increase in the total disposal or treatment capacity of the	39728
facility shall pay a fee of one thousand dollars. A person issued	39729
a permit to install a new, or modify an existing, solid waste	39730
transfer facility under that chapter shall pay a fee of two	39731
thousand five hundred dollars. A person issued a permit to install	39732
a new or to modify an existing solid waste incineration or	39733
composting facility, or an existing infectious waste treatment	39734
facility using incineration as its principal method of treatment,	39735
under that chapter shall pay a fee of one thousand dollars. The	39736
increases in the permit fees under this division resulting from	39737
the amendments made by Amended Substitute House Bill 592 of the	39738
117th general assembly do not apply to any person who submitted an	39739
application for a permit to install a new, or modify an existing,	39740
solid waste disposal facility under that chapter prior to	39741
September 1, 1987; any such person shall pay the permit fee	39742
established in this division as it existed prior to June 24, 1988.	39743
In addition to the applicable permit fee under this division, a	39744
person issued a permit to install or modify a solid waste facility	39745
or an infectious waste treatment facility under that chapter who	39746
fails to pay the permit fee to the director in compliance with	39747
division (V) of this section shall pay an additional ten per cent	39748
of the amount of the fee for each week that the permit fee is	39749
late.	39750

Permit and late payment fees paid to the director under this	39751
division shall be credited to the general revenue fund.	39752

(R)(1) A person issued a registration certificate for a scrap	39753
tire collection facility under section 3734.75 of the Revised Code	39754
shall pay a fee of two hundred dollars, except that if the	39755
facility is owned or operated by a motor vehicle salvage dealer	39756
licensed under Chapter 4738. of the Revised Code, the person shall	39757
pay a fee of twenty-five dollars.	39758

(2) A person issued a registration certificate for a new	39759
scrap tire storage facility under section 3734.76 of the Revised	39760
Code shall pay a fee of three hundred dollars, except that if the	39761
facility is owned or operated by a motor vehicle salvage dealer	39762
licensed under Chapter 4738. of the Revised Code, the person shall	39763
pay a fee of twenty-five dollars.	39764

(3) A person issued a permit for a scrap tire storage	39765
facility under section 3734.76 of the Revised Code shall pay a fee	39766
of one thousand dollars, except that if the facility is owned or	39767
operated by a motor vehicle salvage dealer licensed under Chapter	39768
4738. of the Revised Code, the person shall pay a fee of fifty	39769
dollars.	39770

(4) A person issued a permit for a scrap tire monocell or	39771
monofill facility under section 3734.77 of the Revised Code shall	39772
pay a fee of ten dollars per thousand cubic yards of disposal	39773
capacity or one thousand dollars, whichever is greater, except	39774
that the total fee for any such permit shall not exceed eighty	39775
thousand dollars.	39776

(5) A person issued a registration certificate for a scrap	39777
tire recovery facility under section 3734.78 of the Revised Code	39778
shall pay a fee of one hundred dollars.	39779

(6) A person issued a permit for a scrap tire recovery	39780
facility under section 3734.78 of the Revised Code shall pay a fee	39781
of one thousand dollars.	39782

(7) In addition to the applicable registration certificate or	39783
permit fee under divisions (R)(1) to (6) of this section, a person	39784
issued a registration certificate or permit for any such scrap	39785
tire facility who fails to pay the registration certificate or	39786
permit fee to the director in compliance with division (V) of this	39787
section shall pay an additional ten per cent of the amount of the	39788
fee for each week that the fee is late.	39789

(8) The registration certificate, permit, and late payment	39790
fees paid to the director under divisions (R)(1) to (7) of this	39791
section shall be credited to the scrap tire management fund	39792
created in section 3734.82 of the Revised Code.	39793

(S)(1) Except as provided by divisions (L), (M), (N), (O),	39794
(P), and (S)(2) of this section, division (A)(2) of section	39795
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	39796
and rules adopted under division (T)(1) of this section, any	39797
person applying for a registration certificate under section	39798
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	39799
variance, or plan approval under Chapter 3734. of the Revised Code	39800
shall pay a nonrefundable fee of fifteen dollars at the time the	39801
application is submitted.	39802

Except as otherwise provided, any person applying for a	39803
permit, variance, or plan approval under Chapter 6109. or 6111. of	39804
the Revised Code shall pay a nonrefundable fee of one hundred	39805
dollars at the time the application is submitted through June 30,	39806
~~2008~~2010, and a nonrefundable fee of fifteen dollars at the time	39807
the application is submitted on and after July 1, ~~2008~~2010.	39808
Through June 30, ~~2008~~2010, any person applying for a national	39809
pollutant discharge elimination system permit under Chapter 6111.	39810
of the Revised Code shall pay a nonrefundable fee of two hundred	39811
dollars at the time of application for the permit. On and after	39812
July 1, ~~2008~~2010, such a person shall pay a nonrefundable fee of	39813
fifteen dollars at the time of application.	39814

In addition to the application fee established under division	39815
(S)(1) of this section, any person applying for a national	39816
pollutant discharge elimination system general storm water	39817
construction permit shall pay a nonrefundable fee of twenty	39818
dollars per acre for each acre that is permitted above five acres	39819
at the time the application is submitted. However, the per acreage	39820
fee shall not exceed three hundred dollars. In addition, any	39821
person applying for a national pollutant discharge elimination	39822
system general storm water industrial permit shall pay a	39823
nonrefundable fee of one hundred fifty dollars at the time the	39824
application is submitted.	39825

The director shall transmit all moneys collected under	39826
division (S)(1) of this section pursuant to Chapter 6109. of the	39827
Revised Code to the treasurer of state for deposit into the	39828
drinking water protection fund created in section 6109.30 of the	39829
Revised Code.	39830

The director shall transmit all moneys collected under	39831
division (S)(1) of this section pursuant to Chapter 6111. of the	39832
Revised Code to the treasurer of state for deposit into the	39833
surface water protection fund created in section 6111.038 of the	39834
Revised Code.	39835

If a registration certificate is issued under section	39836
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	39837
the application fee paid shall be deducted from the amount of the	39838
registration certificate fee due under division (R)(1), (2), or	39839
(5) of this section, as applicable.	39840

If a person submits an electronic application for a	39841
registration certificate, permit, variance, or plan approval for	39842
which an application fee is established under division (S)(1) of	39843
this section, the person shall pay the applicable application fee	39844
as expeditiously as possible after the submission of the	39845
electronic application. An application for a registration	39846
certificate, permit, variance, or plan approval for which an	39847
application fee is established under division (S)(1) of this	39848
section shall not be reviewed or processed until the applicable	39849
application fee, and any other fees established under this	39850
division, are paid.	39851

(2) Division (S)(1) of this section does not apply to an	39852
application for a registration certificate for a scrap tire	39853
collection or storage facility submitted under section 3734.75 or	39854
3734.76 of the Revised Code, as applicable, if the owner or	39855
operator of the facility or proposed facility is a motor vehicle	39856
salvage dealer licensed under Chapter 4738. of the Revised Code.	39857

(T) The director may adopt, amend, and rescind rules in	39858
accordance with Chapter 119. of the Revised Code that do all of	39859
the following:	39860

(1) Prescribe fees to be paid by applicants for and holders	39861
of any license, permit, variance, plan approval, or certification	39862
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	39863
the Revised Code that are not specifically established in this	39864
section. The fees shall be designed to defray the cost of	39865
processing, issuing, revoking, modifying, denying, and enforcing	39866
the licenses, permits, variances, plan approvals, and	39867
certifications.	39868

The director shall transmit all moneys collected under rules	39869
adopted under division (T)(1) of this section pursuant to Chapter	39870
6109. of the Revised Code to the treasurer of state for deposit	39871
into the drinking water protection fund created in section 6109.30	39872
of the Revised Code.	39873

The director shall transmit all moneys collected under rules	39874
adopted under division (T)(1) of this section pursuant to Chapter	39875
6111. of the Revised Code to the treasurer of state for deposit	39876
into the surface water protection fund created in section 6111.038	39877
of the Revised Code.	39878

(2) Exempt the state and political subdivisions thereof,	39879
including education facilities or medical facilities owned by the	39880
state or a political subdivision, or any person exempted from	39881
taxation by section 5709.07 or 5709.12 of the Revised Code, from	39882
any fee required by this section;	39883

(3) Provide for the waiver of any fee, or any part thereof,	39884
otherwise required by this section whenever the director	39885
determines that the imposition of the fee would constitute an	39886
unreasonable cost of doing business for any applicant, class of	39887
applicants, or other person subject to the fee;	39888

(4) Prescribe measures that the director considers necessary	39889
to carry out this section.	39890

(U) When the director reasonably demonstrates that the direct	39891
cost to the state associated with the issuance of a permit to	39892
install, license, variance, plan approval, or certification	39893
exceeds the fee for the issuance or review specified by this	39894
section, the director may condition the issuance or review on the	39895
payment by the person receiving the issuance or review of, in	39896
addition to the fee specified by this section, the amount, or any	39897
portion thereof, in excess of the fee specified under this	39898
section. The director shall not so condition issuances for which	39899
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	39900
section.	39901

(V) Except as provided in divisions (L), (M), and (P) of this	39902
section or unless otherwise prescribed by a rule of the director	39903
adopted pursuant to Chapter 119. of the Revised Code, all fees	39904
required by this section are payable within thirty days after the	39905
issuance of an invoice for the fee by the director or the	39906
effective date of the issuance of the license, permit, variance,	39907
plan approval, or certification. If payment is late, the person	39908
responsible for payment of the fee shall pay an additional ten per	39909
cent of the amount due for each month that it is late.	39910

(W) As used in this section, "fuel-burning equipment,"	39911
"fuel-burning equipment input capacity," "incinerator,"	39912
"incinerator input capacity," "process," "process weight rate,"	39913
"storage tank," "gasoline dispensing facility," "dry cleaning	39914
facility," "design flow discharge," and "new source treatment	39915
works" have the meanings ascribed to those terms by applicable	39916
rules or standards adopted by the director under Chapter 3704. or	39917
6111. of the Revised Code.	39918

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	39919
and (J) of this section, and in any other provision of this	39920
section pertaining to fees paid pursuant to Chapter 3704. of the	39921
Revised Code:	39922

(1) "Facility," "federal Clean Air Act," "person," and "Title	39923
V permit" have the same meanings as in section 3704.01 of the	39924
Revised Code.	39925

(2) "Title V permit program" means the following activities	39926
as necessary to meet the requirements of Title V of the federal	39927
Clean Air Act and 40 C.F.R. part 70, including at least:	39928

(a) Preparing and adopting, if applicable, generally	39929
applicable rules or guidance regarding the permit program or its	39930
implementation or enforcement;	39931

(b) Reviewing and acting on any application for a Title V	39932
permit, permit revision, or permit renewal, including the	39933
development of an applicable requirement as part of the processing	39934
of a permit, permit revision, or permit renewal;	39935

(c) Administering the permit program, including the	39936
supporting and tracking of permit applications, compliance	39937
certification, and related data entry;	39938

(d) Determining which sources are subject to the program and	39939
implementing and enforcing the terms of any Title V permit, not	39940
including any court actions or other formal enforcement actions;	39941

(e) Emission and ambient monitoring;

39942

(f) Modeling, analyses, or demonstrations;

39943

(g) Preparing inventories and tracking emissions;

39944

(h) Providing direct and indirect support to small business	39945
stationary sources to determine and meet their obligations under	39946
the federal Clean Air Act pursuant to the small business	39947
stationary source technical and environmental compliance	39948
assistance program required by section 507 of that act and	39949
established in sections 3704.18, 3704.19, and 3706.19 of the	39950
Revised Code.	39951

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	39952
of this section, each sewage sludge facility shall pay a	39953
nonrefundable annual sludge fee equal to three dollars and fifty	39954
cents per dry ton of sewage sludge, including the dry tons of	39955
sewage sludge in materials derived from sewage sludge, that the	39956
sewage sludge facility treats or disposes of in this state. The	39957
annual volume of sewage sludge treated or disposed of by a sewage	39958
sludge facility shall be calculated using the first day of January	39959
through the thirty-first day of December of the calendar year	39960
preceding the date on which payment of the fee is due.	39961

(2)(a) Except as provided in division (Y)(2)(d) of this	39962
section, each sewage sludge facility shall pay a minimum annual	39963
sewage sludge fee of one hundred dollars.	39964

(b) The annual sludge fee required to be paid by a sewage	39965
sludge facility that treats or disposes of exceptional quality	39966
sludge in this state shall be thirty-five per cent less per dry	39967
ton of exceptional quality sludge than the fee assessed under	39968
division (Y)(1) of this section, subject to the following	39969
exceptions:	39970

(i) Except as provided in division (Y)(2)(d) of this section,	39971
a sewage sludge facility that treats or disposes of exceptional	39972
quality sludge shall pay a minimum annual sewage sludge fee of one	39973
hundred dollars.	39974

(ii) A sewage sludge facility that treats or disposes of	39975
exceptional quality sludge shall not be required to pay the annual	39976
sludge fee for treatment or disposal in this state of exceptional	39977
quality sludge generated outside of this state and contained in	39978
bags or other containers not greater than one hundred pounds in	39979
capacity.	39980

A thirty-five per cent reduction for exceptional quality	39981
sludge applies to the maximum annual fees established under	39982
division (Y)(3) of this section.	39983

(c) A sewage sludge facility that transfers sewage sludge to	39984
another sewage sludge facility in this state for further treatment	39985
prior to disposal in this state shall not be required to pay the	39986
annual sludge fee for the tons of sewage sludge that have been	39987
transferred. In such a case, the sewage sludge facility that	39988
disposes of the sewage sludge shall pay the annual sludge fee.	39989
However, the facility transferring the sewage sludge shall pay the	39990
one-hundred-dollar minimum fee required under division (Y)(2)(a)	39991
of this section.	39992

In the case of a sewage sludge facility that treats sewage	39993
sludge in this state and transfers it out of this state to another	39994
entity for disposal, the sewage sludge facility in this state	39995
shall be required to pay the annual sludge fee for the tons of	39996
sewage sludge that have been transferred.	39997

(d) A sewage sludge facility that generates sewage sludge	39998
resulting from an average daily discharge flow of less than five	39999
thousand gallons per day is not subject to the fees assessed under	40000
division (Y) of this section.	40001

(3) No sewage sludge facility required to pay the annual	40002
sludge fee shall be required to pay more than the maximum annual	40003
fee for each disposal method that the sewage sludge facility uses.	40004
The maximum annual fee does not include the additional amount that	40005
may be charged under division (Y)(5) of this section for late	40006
payment of the annual sludge fee. The maximum annual fee for the	40007
following methods of disposal of sewage sludge is as follows:	40008

(a) Incineration: five thousand dollars;

40009

(b) Preexisting land reclamation project or disposal in a	40010
landfill: five thousand dollars;	40011

(c) Land application, land reclamation, surface disposal, or	40012
any other disposal method not specified in division (Y)(3)(a) or	40013
(b) of this section: twenty thousand dollars.	40014

(4)(a) In the case of an entity that generates sewage sludge	40015
or a sewage sludge facility that treats sewage sludge and	40016
transfers the sewage sludge to an incineration facility for	40017
disposal, the incineration facility, and not the entity generating	40018
the sewage sludge or the sewage sludge facility treating the	40019
sewage sludge, shall pay the annual sludge fee for the tons of	40020
sewage sludge that are transferred. However, the entity or	40021
facility generating or treating the sewage sludge shall pay the	40022
one-hundred-dollar minimum fee required under division (Y)(2)(a)	40023
of this section.	40024

(b) In the case of an entity that generates sewage sludge and	40025
transfers the sewage sludge to a landfill for disposal or to a	40026
sewage sludge facility for land reclamation or surface disposal,	40027
the entity generating the sewage sludge, and not the landfill or	40028
sewage sludge facility, shall pay the annual sludge fee for the	40029
tons of sewage sludge that are transferred.	40030

(5) Not later than the first day of April of the calendar	40031
year following March 17, 2000, and each first day of April	40032
thereafter, the director shall issue invoices to persons who are	40033
required to pay the annual sludge fee. The invoice shall identify	40034
the nature and amount of the annual sludge fee assessed and state	40035
the first day of May as the deadline for receipt by the director	40036
of objections regarding the amount of the fee and the first day of	40037
July as the deadline for payment of the fee.	40038

Not later than the first day of May following receipt of an	40039
invoice, a person required to pay the annual sludge fee may submit	40040
objections to the director concerning the accuracy of information	40041
regarding the number of dry tons of sewage sludge used to	40042
calculate the amount of the annual sludge fee or regarding whether	40043
the sewage sludge qualifies for the exceptional quality sludge	40044
discount established in division (Y)(2)(b) of this section. The	40045
director may consider the objections and adjust the amount of the	40046
fee to ensure that it is accurate.	40047

If the director does not adjust the amount of the annual	40048
sludge fee in response to a person's objections, the person may	40049
appeal the director's determination in accordance with Chapter	40050
119. of the Revised Code.	40051

Not later than the first day of June, the director shall	40052
notify the objecting person regarding whether the director has	40053
found the objections to be valid and the reasons for the finding.	40054
If the director finds the objections to be valid and adjusts the	40055
amount of the annual sludge fee accordingly, the director shall	40056
issue with the notification a new invoice to the person	40057
identifying the amount of the annual sludge fee assessed and	40058
stating the first day of July as the deadline for payment.	40059

Not later than the first day of July, any person who is	40060
required to do so shall pay the annual sludge fee. Any person who	40061
is required to pay the fee, but who fails to do so on or before	40062
that date shall pay an additional amount that equals ten per cent	40063
of the required annual sludge fee.	40064

(6) The director shall transmit all moneys collected under	40065
division (Y) of this section to the treasurer of state for deposit	40066
into the surface water protection fund created in section 6111.038	40067
of the Revised Code. The moneys shall be used to defray the costs	40068
of administering and enforcing provisions in Chapter 6111. of the	40069
Revised Code and rules adopted under it that govern the use,	40070
storage, treatment, or disposal of sewage sludge.	40071

(7) Beginning in fiscal year 2001, and every two years	40072
thereafter, the director shall review the total amount of moneys	40073
generated by the annual sludge fees to determine if that amount	40074
exceeded six hundred thousand dollars in either of the two	40075
preceding fiscal years. If the total amount of moneys in the fund	40076
exceeded six hundred thousand dollars in either fiscal year, the	40077
director, after review of the fee structure and consultation with	40078
affected persons, shall issue an order reducing the amount of the	40079
fees levied under division (Y) of this section so that the	40080
estimated amount of moneys resulting from the fees will not exceed	40081
six hundred thousand dollars in any fiscal year.	40082

If, upon review of the fees under division (Y)(7) of this	40083
section and after the fees have been reduced, the director	40084
determines that the total amount of moneys collected and	40085
accumulated is less than six hundred thousand dollars, the	40086
director, after review of the fee structure and consultation with	40087
affected persons, may issue an order increasing the amount of the	40088
fees levied under division (Y) of this section so that the	40089
estimated amount of moneys resulting from the fees will be	40090
approximately six hundred thousand dollars. Fees shall never be	40091
increased to an amount exceeding the amount specified in division	40092
(Y)(7) of this section.	40093

Notwithstanding section 119.06 of the Revised Code, the	40094
director may issue an order under division (Y)(7) of this section	40095
without the necessity to hold an adjudicatory hearing in	40096
connection with the order. The issuance of an order under this	40097
division is not an act or action for purposes of section 3745.04	40098
of the Revised Code.	40099

(8) As used in division (Y) of this section:

40100

(a) "Sewage sludge facility" means an entity that performs	40101
treatment on or is responsible for the disposal of sewage sludge.	40102

(b) "Sewage sludge" means a solid, semi-solid, or liquid	40103
residue generated during the treatment of domestic sewage in a	40104
treatment works as defined in section 6111.01 of the Revised Code.	40105
"Sewage sludge" includes, but is not limited to, scum or solids	40106
removed in primary, secondary, or advanced wastewater treatment	40107
processes. "Sewage sludge" does not include ash generated during	40108
the firing of sewage sludge in a sewage sludge incinerator, grit	40109
and screenings generated during preliminary treatment of domestic	40110
sewage in a treatment works, animal manure, residue generated	40111
during treatment of animal manure, or domestic septage.	40112

(c) "Exceptional quality sludge" means sewage sludge that	40113
meets all of the following qualifications:	40114

(i) Satisfies the class A pathogen standards in 40 C.F.R.	40115
503.32(a);	40116

(ii) Satisfies one of the vector attraction reduction	40117
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	40118

(iii) Does not exceed the ceiling concentration limitations	40119
for metals listed in table one of 40 C.F.R. 503.13;	40120

(iv) Does not exceed the concentration limitations for metals	40121
listed in table three of 40 C.F.R. 503.13.	40122

(d) "Treatment" means the preparation of sewage sludge for	40123
final use or disposal and includes, but is not limited to,	40124
thickening, stabilization, and dewatering of sewage sludge.	40125

(e) "Disposal" means the final use of sewage sludge,	40126
including, but not limited to, land application, land reclamation,	40127
surface disposal, or disposal in a landfill or an incinerator.	40128

(f) "Land application" means the spraying or spreading of	40129
sewage sludge onto the land surface, the injection of sewage	40130
sludge below the land surface, or the incorporation of sewage	40131
sludge into the soil for the purposes of conditioning the soil or	40132
fertilizing crops or vegetation grown in the soil.	40133

(g) "Land reclamation" means the returning of disturbed land	40134
to productive use.	40135

(h) "Surface disposal" means the placement of sludge on an	40136
area of land for disposal, including, but not limited to,	40137
monofills, surface impoundments, lagoons, waste piles, or	40138
dedicated disposal sites.	40139

(i) "Incinerator" means an entity that disposes of sewage	40140
sludge through the combustion of organic matter and inorganic	40141
matter in sewage sludge by high temperatures in an enclosed	40142
device.	40143

(j) "Incineration facility" includes all incinerators owned	40144
or operated by the same entity and located on a contiguous tract	40145
of land. Areas of land are considered to be contiguous even if	40146
they are separated by a public road or highway.	40147

(k) "Annual sludge fee" means the fee assessed under division	40148
(Y)(1) of this section.	40149

(l) "Landfill" means a sanitary landfill facility, as defined	40150
in rules adopted under section 3734.02 of the Revised Code, that	40151
is licensed under section 3734.05 of the Revised Code.	40152

(m) "Preexisting land reclamation project" means a	40153
property-specific land reclamation project that has been in	40154
continuous operation for not less than five years pursuant to	40155
approval of the activity by the director and includes the	40156
implementation of a community outreach program concerning the	40157
activity.	40158

Sec. 3767.41. (A) As used in this section:

40159

(1) "Building" means, except as otherwise provided in this	40160
division, any building or structure that is used or intended to be	40161
used for residential purposes. "Building" includes, but is not	40162
limited to, a building or structure in which any floor is used for	40163
retail stores, shops, salesrooms, markets, or similar commercial	40164
uses, or for offices, banks, civic administration activities,	40165
professional services, or similar business or civic uses, and in	40166
which the other floors are used, or designed and intended to be	40167
used, for residential purposes. "Building" does not include any	40168
building or structure that is occupied by its owner and that	40169
contains three or fewer residential units.	40170

(2)(a) "Public nuisance" means a building that is a menace to	40171
the public health, welfare, or safety; that is structurally	40172
unsafe, unsanitary, or not provided with adequate safe egress;	40173
that constitutes a fire hazard, is otherwise dangerous to human	40174
life, or is otherwise no longer fit and habitable; or that, in	40175
relation to its existing use, constitutes a hazard to the public	40176
health, welfare, or safety by reason of inadequate maintenance,	40177
dilapidation, obsolescence, or abandonment.	40178

(b) "Public nuisance" as it applies to subsidized housing	40179
means subsidized housing that fails to meet the following	40180
standards as specified in the federal rules governing each	40181
standard:	40182

(i) Each building on the site is structurally sound, secure,	40183
habitable, and in good repair, as defined in 24 C.F.R. 5.703(b);	40184

(ii) Each building's domestic water, electrical system,	40185
elevators, emergency power, fire protection, HVAC, and sanitary	40186
system is free of health and safety hazards, functionally	40187
adequate, operable, and in good repair, as defined in 24 C.F.R.	40188
5.703(c);	40189

(iii) Each dwelling unit within the building is structurally	40190
sound, habitable, and in good repair, and all areas and aspects of	40191
the dwelling unit are free of health and safety hazards,	40192
functionally adequate, operable, and in good repair, as defined in	40193
24 C.F.R. 5.703(d)(1);	40194

(iv) Where applicable, the dwelling unit has hot and cold	40195
running water, including an adequate source of potable water, as	40196
defined in 24 C.F.R. 5.703(d)(2);	40197

(v) If the dwelling unit includes its own sanitary facility,	40198
it is in proper operating condition, usable in privacy, and	40199
adequate for personal hygiene, and the disposal of human waste, as	40200
defined in 24 C.F.R. 5.703(d)(3);	40201

(vi) The common areas are structurally sound, secure, and	40202
functionally adequate for the purposes intended. The basement,	40203
garage, carport, restrooms, closets, utility, mechanical,	40204
community rooms, daycare, halls, corridors, stairs, kitchens,	40205
laundry rooms, office, porch, patio, balcony, and trash collection	40206
areas are free of health and safety hazards, operable, and in good	40207
repair. All common area ceilings, doors, floors, HVAC, lighting,	40208
smoke detectors, stairs, walls, and windows, to the extent	40209
applicable, are free of health and safety hazards, operable, and	40210
in good repair, as defined in 24 C.F.R. 5.703(e);	40211

(vii) All areas and components of the housing are free of	40212
health and safety hazards. These areas include, but are not	40213
limited to, air quality, electrical hazards, elevators,	40214
emergency/fire exits, flammable materials, garbage and debris,	40215
handrail hazards, infestation, and lead-based paint, as defined in	40216
24 C.F.R. 5.703(f).	40217

(3) "Abate" or "abatement" in connection with any building	40218
means the removal or correction of any conditions that constitute	40219
a public nuisance and the making of any other improvements that	40220
are needed to effect a rehabilitation of the building that is	40221
consistent with maintaining safe and habitable conditions over its	40222
remaining useful life. "Abatement" does not include the closing or	40223
boarding up of any building that is found to be a public nuisance.	40224

(4) "Interested party" means any owner, mortgagee,	40225
lienholder, tenant, or person that possesses an interest of record	40226
in any property that becomes subject to the jurisdiction of a	40227
court pursuant to this section, and any applicant for the	40228
appointment of a receiver pursuant to this section.	40229

(5) "Neighbor" means any owner of property, including, but	40230
not limited to, any person who is purchasing property by land	40231
installment contract or under a duly executed purchase contract,	40232
that is located within five hundred feet of any property that	40233
becomes subject to the jurisdiction of a court pursuant to this	40234
section, and any occupant of a building that is so located.	40235

(6) "Tenant" has the same meaning as in section 5321.01 of	40236
the Revised Code.	40237

(7) "Subsidized housing" means a property consisting of more	40238
than four dwelling units that, in whole or in part, receives	40239
project-based assistance pursuant to a contract under any of the	40240
following federal housing programs:	40241

(a) The new construction or substantial rehabilitation	40242
program under section 8(b)(2) of the "United States Housing Act of	40243
1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(b)(2) as	40244
that program was in effect immediately before the first day of	40245
October, 1983;	40246

(b) The moderate rehabilitation program under section 8(e)(2)	40247
of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50	40248
Stat. 888, 42 U.S.C. 1437f(e)(2);	40249

(c) The loan management assistance program under section 8 of	40250
the "United States Housing Act of 1937," Pub. L. No. 75-412, 50	40251
Stat. 888, 42 U.S.C. 1437f;	40252

(d) The rent supplement program under section 101 of the	40253
"Housing and Urban Development Act of 1965," Pub. L. No. 89-174,	40254
79 Stat. 667, 12 U.S.C. 1701s;	40255

(e) Section 8 of the "United States Housing Act of 1937,"	40256
Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f, following	40257
conversion from assistance under section 101 of the "Housing and	40258
Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667,	40259
12 U.S.C. 1701s;	40260

(f) The program of supportive housing for the elderly under	40261
section 202 of the "Housing Act of 1959," Pub. L. No. 86-372, 73	40262
Stat. 654, 12 U.S.C. 1701q;	40263

(g) The program of supportive housing for persons with	40264
disabilities under section 811 of the "National Affordable Housing	40265
Act of 1990," Pub. L. No. 101-625, 104 Stat. 4313, 42 U.S.C. 8013;	40266

(h) The rental assistance program under section 521 of the	40267
"United States Housing Act of 1949," Pub. L. No. 90-448, 82 Stat.	40268
551, as amended by Pub. L. No. 93-383, 88 Stat. 696, 42 U.S.C.	40269
1490a.	40270

(8) "Project-based assistance" means the assistance is	40271
attached to the property and provides rental assistance only on	40272
behalf of tenants who reside in that property.	40273

(9) "Landlord" has the same meaning as in section 5321.01 of	40274
the Revised Code.	40275

(B)(1)(a) In any civil action to enforce any local building,	40276
housing, air pollution, sanitation, health, fire, zoning, or	40277
safety code, ordinance, or regulation applicable to buildings,	40278
that is commenced in a court of common pleas, municipal court,	40279
housing or environmental division of a municipal court, or county	40280
court, or in any civil action for abatement commenced in a court	40281
of common pleas, municipal court, housing or environmental	40282
division of a municipal court, or county court, by a municipal	40283
corporation in which the building involved is located, by any	40284
neighbor, tenant, or by a nonprofit corporation that is duly	40285
organized and has as one of its goals the improvement of housing	40286
conditions in the county or municipal corporation in which the	40287
building involved is located, if a building is alleged to be a	40288
public nuisance, the municipal corporation, neighbor, tenant, or	40289
nonprofit corporation may apply in its complaint for an injunction	40290
or other order as described in division (C)(1) of this section, or	40291
for the relief described in division (C)(2) of this section,	40292
including, if necessary, the appointment of a receiver as	40293
described in divisions (C)(2) and (3) of this section, or for both	40294
such an injunction or other order and such relief. The municipal	40295
corporation, neighbor, tenant, or nonprofit corporation commencing	40296
the action is not liable for the costs, expenses, and fees of any	40297
receiver appointed pursuant to divisions (C)(2) and (3) of this	40298
section.	40299

(b) Prior to commencing a civil action for abatement when the	40300
property alleged to be a public nuisance is subsidized housing,	40301
the municipal corporation, neighbor, tenant, or nonprofit	40302
corporation commencing the action shall provide the landlord of	40303
that property with written notice that specifies one or more	40304
defective conditions that constitute a public nuisance as that	40305
term applies to subsidized housing and states that if the landlord	40306
fails to remedy the condition within sixty days of the service of	40307
the notice, a claim pursuant to this section may be brought on the	40308
basis that the property constitutes a public nuisance in	40309
subsidized housing. Any party authorized to bring an action	40310
against the landlord shall make reasonable attempts to serve the	40311
notice in the manner prescribed in the Rules of Civil Procedure to	40312
the landlord or the landlord's agent for the property at the	40313
property's management office, or at the place where the tenants	40314
normally pay or send rent. If the landlord is not the owner of	40315
record, the party bringing the action shall make a reasonable	40316
attempt to serve the owner. If the owner does not receive service	40317
the person bringing the action shall certify the attempts to serve	40318
the owner.	40319

(2)(a) In a civil action described in division (B)(1) of this	40320
section, a copy of the complaint and a notice of the date and time	40321
of a hearing on the complaint shall be served upon the owner of	40322
the building and all other interested parties in accordance with	40323
the Rules of Civil Procedure. If certified mail service, personal	40324
service, or residence service of the complaint and notice is	40325
refused or certified mail service of the complaint and notice is	40326
not claimed, and if the municipal corporation, neighbor, tenant,	40327
or nonprofit corporation commencing the action makes a written	40328
request for ordinary mail service of the complaint and notice, or	40329
uses publication service, in accordance with the Rules of Civil	40330
Procedure, then a copy of the complaint and notice shall be posted	40331
in a conspicuous place on the building.	40332

(b) The judge in a civil action described in division (B)(1)	40333
of this section shall conduct a hearing at least twenty-eight days	40334
after the owner of the building and the other interested parties	40335
have been served with a copy of the complaint and the notice of	40336
the date and time of the hearing in accordance with division	40337
(B)(2)(a) of this section.	40338

(c) In considering whether subsidized housing is a public	40339
nuisance, the judge shall construe the standards set forth in	40340
division (A)(2)(b) of this section in a manner consistent with	40341
department of housing and urban development and judicial	40342
interpretations of those standards. The judge shall deem that the	40343
property is not a public nuisance if during the twelve months	40344
prior to the service of the notice that division (B)(1)(b) of this	40345
section requires, the department of housing and urban	40346
development's real estate assessment center issued a score of	40347
seventy-five or higher out of a possible one hundred points	40348
pursuant to its regulations governing the physical condition of	40349
multifamily properties pursuant to 24 C.F.R. part 200, subpart P,	40350
and since the most recent inspection, there has been no	40351
significant change in the property's conditions that would create	40352
a serious threat to the health, safety, or welfare of the	40353
property's tenants.	40354

(C)(1) If the judge in a civil action described in division	40355
(B)(1) of this section finds at the hearing required by division	40356
(B)(2) of this section that the building involved is a public	40357
nuisance, if the judge additionally determines that the owner of	40358
the building previously has not been afforded a reasonable	40359
opportunity to abate the public nuisance or has been afforded such	40360
an opportunity and has not refused or failed to abate the public	40361
nuisance, and if the complaint of the municipal corporation,	40362
neighbor, tenant, or nonprofit corporation commencing the action	40363
requested the issuance of an injunction as described in this	40364
division, then the judge may issue an injunction requiring the	40365
owner of the building to abate the public nuisance or issue any	40366
other order that the judge considers necessary or appropriate to	40367
cause the abatement of the public nuisance. If an injunction is	40368
issued pursuant to this division, the owner of the building	40369
involved shall be given no more than thirty days from the date of	40370
the entry of the judge's order to comply with the injunction,	40371
unless the judge, for good cause shown, extends the time for	40372
compliance.	40373

(2) If the judge in a civil action described in division	40374
(B)(1) of this section finds at the hearing required by division	40375
(B)(2) of this section that the building involved is a public	40376
nuisance, if the judge additionally determines that the owner of	40377
the building previously has been afforded a reasonable opportunity	40378
to abate the public nuisance and has refused or failed to do so,	40379
and if the complaint of the municipal corporation, neighbor,	40380
tenant, or nonprofit corporation commencing the action requested	40381
relief as described in this division, then the judge shall offer	40382
any mortgagee, lienholder, or other interested party associated	40383
with the property on which the building is located, in the order	40384
of the priority of interest in title, the opportunity to undertake	40385
the work and to furnish the materials necessary to abate the	40386
public nuisance. Prior to selecting any interested party, the	40387
judge shall require the interested party to demonstrate the	40388
ability to promptly undertake the work and furnish the materials	40389
required, to provide the judge with a viable financial and	40390
construction plan for the rehabilitation of the building as	40391
described in division (D) of this section, and to post security	40392
for the performance of the work and the furnishing of the	40393
materials.	40394

If the judge determines, at the hearing, that no interested	40395
party is willing or able to undertake the work and to furnish the	40396
materials necessary to abate the public nuisance, or if the judge	40397
determines, at any time after the hearing, that any party who is	40398
undertaking corrective work pursuant to this division cannot or	40399
will not proceed, or has not proceeded with due diligence, the	40400
judge may appoint a receiver pursuant to division (C)(3) of this	40401
section to take possession and control of the building.	40402

(3)(a) The judge in a civil action described in division	40403
(B)(1) of this section shall not appoint any person as a receiver	40404
unless the person first has provided the judge with a viable	40405
financial and construction plan for the rehabilitation of the	40406
building involved as described in division (D) of this section and	40407
has demonstrated the capacity and expertise to perform the	40408
required work and to furnish the required materials in a	40409
satisfactory manner. An appointed receiver may be a financial	40410
institution that possesses an interest of record in the building	40411
or the property on which it is located, a nonprofit corporation as	40412
described in divisions (B)(1) and (C)(3)(b) of this section,	40413
including, but not limited to, a nonprofit corporation that	40414
commenced the action described in division (B)(1) of this section,	40415
or any other qualified property manager.	40416

(b) To be eligible for appointment as a receiver, no part of	40417
the net earnings of a nonprofit corporation shall inure to the	40418
benefit of any private shareholder or individual. Membership on	40419
the board of trustees of a nonprofit corporation appointed as a	40420
receiver does not constitute the holding of a public office or	40421
employment within the meaning of sections 731.02 and 731.12 or any	40422
other section of the Revised Code and does not constitute a direct	40423
or indirect interest in a contract or expenditure of money by any	40424
municipal corporation. A member of a board of trustees of a	40425
nonprofit corporation appointed as a receiver shall not be	40426
disqualified from holding any public office or employment, and	40427
shall not forfeit any public office or employment, by reason of	40428
~~his~~ membership on the board of trustees, notwithstanding any law	40429
to the contrary.	40430

(D) Prior to ordering any work to be undertaken, or the	40431
furnishing of any materials, to abate a public nuisance under this	40432
section, the judge in a civil action described in division (B)(1)	40433
of this section shall review the submitted financial and	40434
construction plan for the rehabilitation of the building involved	40435
and, if it specifies all of the following, shall approve that	40436
plan:	40437

(1) The estimated cost of the labor, materials, and any other	40438
development costs that are required to abate the public nuisance;	40439

(2) The estimated income and expenses of the building and the	40440
property on which it is located after the furnishing of the	40441
materials and the completion of the repairs and improvements;	40442

(3) The terms, conditions, and availability of any financing	40443
that is necessary to perform the work and to furnish the	40444
materials;	40445

(4) If repair and rehabilitation of the building are found	40446
not to be feasible, the cost of demolition of the building or of	40447
the portions of the building that constitute the public nuisance.	40448

(E) Upon the written request of any of the interested parties	40449
to have a building, or portions of a building, that constitute a	40450
public nuisance demolished because repair and rehabilitation of	40451
the building are found not to be feasible, the judge may order the	40452
demolition. However, the demolition shall not be ordered unless	40453
the requesting interested parties have paid the costs of	40454
demolition and, if any, of the receivership, and, if any, all	40455
notes, certificates, mortgages, and fees of the receivership.	40456

(F) Before proceeding with ~~his~~the duties of receiver, any	40457
receiver appointed by the judge in a civil action described in	40458
division (B)(1) of this section may be required by the judge to	40459
post a bond in an amount fixed by the judge, but not exceeding the	40460
value of the building involved as determined by the judge.	40461

The judge may empower the receiver to do any or all of the	40462
following:	40463

(1) Take possession and control of the building and the	40464
property on which it is located, operate and manage the building	40465
and the property, establish and collect rents and income, lease	40466
and rent the building and the property, and evict tenants;	40467

(2) Pay all expenses of operating and conserving the building	40468
and the property, including, but not limited to, the cost of	40469
electricity, gas, water, sewerage, heating fuel, repairs and	40470
supplies, custodian services, taxes and assessments, and insurance	40471
premiums, and hire and pay reasonable compensation to a managing	40472
agent;	40473

(3) Pay pre-receivership mortgages or installments of them	40474
and other liens;	40475

(4) Perform or enter into contracts for the performance of	40476
all work and the furnishing of materials necessary to abate, and	40477
obtain financing for the abatement of, the public nuisance;	40478

(5) Pursuant to court order, remove and dispose of any	40479
personal property abandoned, stored, or otherwise located in or on	40480
the building and the property that creates a dangerous or unsafe	40481
condition or that constitutes a violation of any local building,	40482
housing, air pollution, sanitation, health, fire, zoning, or	40483
safety code, ordinance, or regulation;	40484

(6) Obtain mortgage insurance for any receiver's mortgage	40485
from any agency of the federal government;	40486

(7) Enter into any agreement and do those things necessary to	40487
maintain and preserve the building and the property and comply	40488
with all local building, housing, air pollution, sanitation,	40489
health, fire, zoning, or safety codes, ordinances, and	40490
regulations;	40491

(8) Give the custody of the building and the property, and	40492
the opportunity to abate the nuisance and operate the property, to	40493
its owner or any mortgagee or lienholder of record;	40494

(9) Issue notes and secure them by a mortgage bearing	40495
interest, and upon terms and conditions, that the judge approves.	40496
When sold or transferred by the receiver in return for valuable	40497
consideration in money, material, labor, or services, the notes or	40498
certificates shall be freely transferable. Any mortgages granted	40499
by the receiver shall be superior to any claims of the receiver.	40500
Priority among the receiver's mortgages shall be determined by the	40501
order in which they are recorded.	40502

(G) A receiver appointed pursuant to this section is not	40503
personally liable except for misfeasance, malfeasance, or	40504
nonfeasance in the performance of the functions of ~~his~~the office	40505
of receiver.	40506

(H)(1) The judge in a civil action described in division	40507
(B)(1) of this section may assess as court costs, the expenses	40508
described in division (F)(2) of this section, and may approve	40509
receiver's fees to the extent that they are not covered by the	40510
income from the property. Subject to that limitation, a receiver	40511
appointed pursuant to divisions (C)(2) and (3) of this section is	40512
entitled to receive fees in the same manner and to the same extent	40513
as receivers appointed in actions to foreclose mortgages.	40514

(2)(a) Pursuant to the police powers vested in the state, all	40515
expenditures of a mortgagee, lienholder, or other interested party	40516
that has been selected pursuant to division (C)(2) of this section	40517
to undertake the work and to furnish the materials necessary to	40518
abate a public nuisance, and any expenditures in connection with	40519
the foreclosure of the lien created by this division, is a first	40520
lien upon the building involved and the property on which it is	40521
located and is superior to all prior and subsequent liens or other	40522
encumbrances associated with the building or the property,	40523
including, but not limited to, those for taxes and assessments,	40524
upon the occurrence of both of the following:	40525

(i) The prior approval of the expenditures by, and the entry	40526
of a judgment to that effect by, the judge in the civil action	40527
described in division (B)(1) of this section;	40528

(ii) The recordation of a certified copy of the judgment	40529
entry and a sufficient description of the property on which the	40530
building is located with the county recorder in the county in	40531
which the property is located within sixty days after the date of	40532
the entry of the judgment.	40533

(b) Pursuant to the police powers vested in the state, all	40534
expenses and other amounts paid in accordance with division (F) of	40535
this section by a receiver appointed pursuant to divisions (C)(2)	40536
and (3) of this section, the amounts of any notes issued by the	40537
receiver in accordance with division (F) of this section, all	40538
mortgages granted by the receiver in accordance with that	40539
division, the fees of the receiver approved pursuant to division	40540
(H)(1) of this section, and any amounts expended in connection	40541
with the foreclosure of a mortgage granted by the receiver in	40542
accordance with division (F) of this section or with the	40543
foreclosure of the lien created by this division, are a first lien	40544
upon the building involved and the property on which it is located	40545
and are superior to all prior and subsequent liens or other	40546
encumbrances associated with the building or the property,	40547
including, but not limited to, those for taxes and assessments,	40548
upon the occurrence of both of the following:	40549

(i) The approval of the expenses, amounts, or fees by, and	40550
the entry of a judgment to that effect by, the judge in the civil	40551
action described in division (B)(1) of this section; or the	40552
approval of the mortgages in accordance with division (F)(9) of	40553
this section by, and the entry of a judgment to that effect by,	40554
that judge;	40555

(ii) The recordation of a certified copy of the judgment	40556
entry and a sufficient description of the property on which the	40557
building is located, or, in the case of a mortgage, the	40558
recordation of the mortgage, a certified copy of the judgment	40559
entry, and such a description, with the county recorder of the	40560
county in which the property is located within sixty days after	40561
the date of the entry of the judgment.	40562

(c) Priority among the liens described in divisions (H)(2)(a)	40563
and (b) of this section shall be determined as described in	40564
division (I) of this section. Additionally, the creation pursuant	40565
to this section of a mortgage lien that is prior to or superior to	40566
any mortgage of record at the time the mortgage lien is so	40567
created, does not disqualify the mortgage of record as a legal	40568
investment under Chapter 1107. or 1151. or any other chapter of	40569
the Revised Code.	40570

(I)(1) If a receiver appointed pursuant to divisions (C)(2)	40571
and (3) of this section files with the judge in the civil action	40572
described in division (B)(1) of this section a report indicating	40573
that the public nuisance has been abated, if the judge confirms	40574
that the receiver has abated the public nuisance, and if the	40575
receiver or any interested party requests the judge to enter an	40576
order directing the receiver to sell the building and the property	40577
on which it is located, the judge may enter that order after	40578
holding a hearing as described in division (I)(2) of this section	40579
and otherwise complying with that division.	40580

(2)(a) The receiver or interested party requesting an order	40581
as described in division (I)(1) of this section shall cause a	40582
notice of the date and time of a hearing on the request to be	40583
served on the owner of the building involved and all other	40584
interested parties in accordance with division (B)(2)(a) of this	40585
section. The judge in the civil action described in division	40586
(B)(1) of this section shall conduct the scheduled hearing. At the	40587
hearing, if the owner or any interested party objects to the sale	40588
of the building and the property, the burden of proof shall be	40589
upon the objecting person to establish, by a preponderance of the	40590
evidence, that the benefits of not selling the building and the	40591
property outweigh the benefits of selling them. If the judge	40592
determines that there is no objecting person, or if the judge	40593
determines that there is one or more objecting persons but no	40594
objecting person has sustained the burden of proof specified in	40595
this division, the judge may enter an order directing the receiver	40596
to offer the building and the property for sale upon terms and	40597
conditions that the judge shall specify.	40598

(b) In any sale of subsidized housing that is ordered	40599
pursuant to this section, the judge shall specify that the	40600
subsidized housing not be conveyed unless that conveyance complies	40601
with applicable federal law and applicable program contracts for	40602
that housing. Any such conveyance shall be subject to the	40603
condition that the purchaser enter into a contract with the	40604
department of housing and urban development or the rural housing	40605
service of the federal department of agriculture under which the	40606
property continues to be subsidized housing and the owner	40607
continues to operate that property as subsidized housing unless	40608
the secretary of housing and urban development or the	40609
administrator of the rural housing service terminates that	40610
property's contract prior to or upon the conveyance of the	40611
property.	40612

(3) If a sale of a building and the property on which it is	40613
located is ordered pursuant to divisions (I)(1) and (2) of this	40614
section and if the sale occurs in accordance with the terms and	40615
conditions specified by the judge in ~~his~~the judge's order of	40616
sale, then the receiver shall distribute the proceeds of the sale	40617
and the balance of any funds that the receiver may possess, after	40618
the payment of the costs of the sale, in the following order of	40619
priority and in the described manner:	40620

(a) First, in satisfaction of any notes issued by the	40621
receiver pursuant to division (F) of this section, in their order	40622
of priority;	40623

(b) Second, any unreimbursed expenses and other amounts paid	40624
in accordance with division (F) of this section by the receiver,	40625
and the fees of the receiver approved pursuant to division (H)(1)	40626
of this section;	40627

(c) Third, all expenditures of a mortgagee, lienholder, or	40628
other interested party that has been selected pursuant to division	40629
(C)(2) of this section to undertake the work and to furnish the	40630
materials necessary to abate a public nuisance, provided that the	40631
expenditures were approved as described in division (H)(2)(a) of	40632
this section and provided that, if any such interested party	40633
subsequently became the receiver, its expenditures shall be paid	40634
prior to the expenditures of any of the other interested parties	40635
so selected;	40636

(d) Fourth, the amount due for delinquent taxes, assessments,	40637
charges, penalties, and interest owed to this state or a political	40638
subdivision of this state, provided that, if the amount available	40639
for distribution pursuant to division (I)(3)(d) of this section is	40640
insufficient to pay the entire amount of those taxes, assessments,	40641
charges, penalties, and interest, the proceeds and remaining funds	40642
shall be paid to each claimant in proportion to the amount of	40643
those taxes, assessments, charges, penalties, and interest that	40644
each is due.	40645

(e) The amount of any pre-receivership mortgages, liens, or	40646
other encumbrances, in their order of priority.	40647

(4) Following a distribution in accordance with division	40648
(I)(3) of this section, the receiver shall request the judge in	40649
the civil action described in division (B)(1) of this section to	40650
enter an order terminating the receivership. If the judge	40651
determines that the sale of the building and the property on which	40652
it is located occurred in accordance with the terms and conditions	40653
specified by the judge in ~~his~~the judge's order of sale under	40654
division (I)(2) of this section and that the receiver distributed	40655
the proceeds of the sale and the balance of any funds that the	40656
receiver possessed, after the payment of the costs of the sale, in	40657
accordance with division (I)(3) of this section, and if the judge	40658
approves any final accounting required of the receiver, the judge	40659
may terminate the receivership.	40660

(J)(1) A receiver appointed pursuant to divisions (C)(2) and	40661
(3) of this section may be discharged at any time in the	40662
discretion of the judge in the civil action described in division	40663
(B)(1) of this section. The receiver shall be discharged by the	40664
judge as provided in division (I)(4) of this section, or when all	40665
of the following have occurred:	40666

(a) The public nuisance has been abated;

40667

(b) All costs, expenses, and approved fees of the	40668
receivership have been paid;	40669

(c) Either all receiver's notes issued and mortgages granted	40670
pursuant to this section have been paid, or all the holders of the	40671
notes and mortgages request that the receiver be discharged.	40672

(2) If a judge in a civil action described in division (B)(1)	40673
of this section determines that, and enters of record a	40674
declaration that, a public nuisance has been abated by a receiver,	40675
and if, within three days after the entry of the declaration, all	40676
costs, expenses, and approved fees of the receivership have not	40677
been paid in full, then, in addition to the circumstances	40678
specified in division (I) of this section for the entry of such an	40679
order, the judge may enter an order directing the receiver to sell	40680
the building involved and the property on which it is located. Any	40681
such order shall be entered, and the sale shall occur, only in	40682
compliance with division (I) of this section.	40683

(K) The title in any building, and in the property on which	40684
it is located, that is sold at a sale ordered under division (I)	40685
or (J)(2) of this section shall be incontestable in the purchaser	40686
and shall be free and clear of all liens for delinquent taxes,	40687
assessments, charges, penalties, and interest owed to this state	40688
or any political subdivision of this state, that could not be	40689
satisfied from the proceeds of the sale and the remaining funds in	40690
the receiver's possession pursuant to the distribution under	40691
division (I)(3) of this section. All other liens and encumbrances	40692
with respect to the building and the property shall survive the	40693
sale, including, but not limited to, a federal tax lien notice	40694
properly filed in accordance with section 317.09 of the Revised	40695
Code prior to the time of the sale, and the easements and	40696
covenants of record running with the property that were created	40697
prior to the time of the sale.	40698

(L)(1) Nothing in this section shall be construed as a	40699
limitation upon the powers granted to a court of common pleas, a	40700
municipal court or a housing or environmental division of a	40701
municipal court under Chapter 1901. of the Revised Code, or a	40702
county court under Chapter 1907. of the Revised Code.	40703

(2) The monetary and other limitations specified in Chapters	40704
1901. and 1907. of the Revised Code upon the jurisdiction of	40705
municipal and county courts, and of housing or environmental	40706
divisions of municipal courts, in civil actions do not operate as	40707
limitations upon any of the following:	40708

(a) Expenditures of a mortgagee, lienholder, or other	40709
interested party that has been selected pursuant to division	40710
(C)(2) of this section to undertake the work and to furnish the	40711
materials necessary to abate a public nuisance;	40712

(b) Any notes issued by a receiver pursuant to division (F)	40713
of this section;	40714

(c) Any mortgage granted by a receiver in accordance with	40715
division (F) of this section;	40716

(d) Expenditures in connection with the foreclosure of a	40717
mortgage granted by a receiver in accordance with division (F) of	40718
this section;	40719

(e) The enforcement of an order of a judge entered pursuant	40720
to this section;	40721

(f) The actions that may be taken pursuant to this section by	40722
a receiver or a mortgagee, lienholder, or other interested party	40723
that has been selected pursuant to division (C)(2) of this section	40724
to undertake the work and to furnish the materials necessary to	40725
abate a public nuisance.	40726

(3) A judge in a civil action described in division (B)(1) of	40727
this section, or the judge's successor in office, has continuing	40728
jurisdiction to review the condition of any building that was	40729
determined to be a public nuisance pursuant to this section.	40730

Sec. 3769.087. (A) In addition to the commission of eighteen	40731
per cent retained by each permit holder as provided in section	40732
3769.08 of the Revised Code, each permit holder shall retain an	40733
additional amount equal to four per cent of the total of all	40734
moneys wagered on each racing day on all wagering pools other than	40735
win, place, and show, of which amount retained an amount equal to	40736
three per cent of the total of all moneys wagered on each racing	40737
day on those pools shall be paid by check, draft, or money order	40738
to the tax commissioner, as a tax. Subject to the restrictions	40739
contained in divisions (B), (C), and (M) of section 3769.08 of the	40740
Revised Code, from such additional moneys paid to the tax	40741
commissioner:	40742

(1) Four-sixths shall be allocated to fund distribution as	40743
provided in division (M) of section 3769.08 of the Revised Code.	40744

(2) One-twelfth shall be paid into the Ohio fairs fund	40745
created by section 3769.082 of the Revised Code.	40746

(3) One-twelfth of the additional moneys paid to the tax	40747
commissioner by thoroughbred racing permit holders shall be paid	40748
into the Ohio thoroughbred race fund created by section 3769.083	40749
of the Revised Code.	40750

(4) One-twelfth of the additional moneys paid to the tax	40751
commissioner by harness horse racing permit holders shall be paid	40752
to the Ohio standardbred development fund created by section	40753
3769.085 of the Revised Code.	40754

(5) One-twelfth of the additional moneys paid to the tax	40755
commissioner by quarter horse racing permit holders shall be paid	40756
to the Ohio quarter horse development fund created by section	40757
3769.086 of the Revised Code.	40758

(6) One-sixth shall be paid into the state racing commission	40759
operating fund created by section 3769.03 of the Revised Code.	40760

The remaining one per cent that is retained of the total of	40761
all moneys wagered on each racing day on all pools other than win,	40762
place, and show, shall be retained by racing permit holders, and,	40763
except as otherwise provided in section 3769.089 of the Revised	40764
Code, racing permit holders shall use one-half for purse money and	40765
retain one-half.	40766

(B) In addition to the commission of eighteen per cent	40767
retained by each permit holder as provided in section 3769.08 of	40768
the Revised Code and the additional amount retained by each permit	40769
holder as provided in division (A) of this section, each permit	40770
holder shall retain an additional amount equal to one-half of one	40771
per cent of the total of all moneys wagered on each racing day on	40772
all wagering pools other than win, place, and show. ~~Except as~~	40773
~~provided in division (C) of this section, from the~~The additional	40774
amount retained under this division~~, each permit holder shall~~	40775
~~retain an amount equal to one-quarter of one per cent of the total~~	40776
~~of all moneys wagered on each racing day on all pools other than~~	40777
~~win, place, and show and shall pay that amount~~shall be paid by	40778
check, draft, or money order to the tax commissioner, as a tax.	40779
The tax commissioner shall pay the amount of the tax received	40780
under this division to the state racing commission operating fund	40781
created by section 3769.03 of the Revised Code.	40782

~~Except as provided in division (C) of this section, the~~	40783
~~remaining one-quarter of one per cent that is retained from the~~	40784
~~total of all moneys wagered on each racing day on all pools other~~	40785
~~than win, place, and show shall be retained by the permit holder,~~	40786
~~and the permit holder shall use one-half for purse money and~~	40787
~~retain one-half.~~	40788

~~(C) During the period commencing on July 1, 2006, and ending~~	40789
~~on and including June 30, 2007, the additional amount retained by~~	40790
~~each permit holder under division (B) of this section shall be~~	40791
~~paid by check, draft, or money order to the tax commissioner, as a~~	40792
~~tax. The tax commissioner shall pay the amount of the tax received~~	40793
~~under this division to the state racing commission operating fund~~	40794
~~created by section 3769.03 of the Revised Code.~~	40795

Sec. 3770.03. (A) The state lottery commission shall	40796
promulgate rules under which a statewide lottery may be conducted.	40797
The rules shall be promulgated pursuant to Chapter 119. of the	40798
Revised Code, except that instant game rules shall be promulgated	40799
pursuant to section 111.15 of the Revised Code but are not subject	40800
to division (D) of that section. Subjects covered in these rules	40801
shall include, but need not be limited to, the following:	40802

(1) The type of lottery to be conducted;

40803

(2) The prices of tickets in the lottery;. No rule shall set	40804
a price that exceeds twenty dollars to purchase an individual	40805
lottery ticket.	40806

(3) The number, nature, and value of prize awards, the manner	40807
and frequency of prize drawings, and the manner in which prizes	40808
shall be awarded to holders of winning tickets. No rule shall	40809
authorize drawings on a Sunday for any lottery game unless the	40810
rule is approved by an executive order of the governor.	40811

(B) The commission shall promulgate rules, in addition to	40812
those described in division (A) of this section, pursuant to	40813
Chapter 119. of the Revised Code under which a statewide lottery	40814
and statewide joint lottery games may be conducted. Subjects	40815
covered in these rules shall include, but not be limited to, the	40816
following:	40817

(1) The locations at which lottery tickets may be sold and	40818
the manner in which they are to be sold. These rules may authorize	40819
the sale of lottery tickets by commission personnel or other	40820
licensed individuals from traveling show wagons at the state fair,	40821
and at any other expositions the director of the commission	40822
considers acceptable. These rules shall prohibit commission	40823
personnel or other licensed individuals from soliciting from an	40824
exposition the right to sell lottery tickets at that exposition,	40825
but shall allow commission personnel or other licensed individuals	40826
to sell lottery tickets at an exposition if the exposition	40827
requests commission personnel or licensed individuals to do so.	40828
These rules may also address the accessibility of sales agent	40829
locations to commission products in accordance with the "Americans	40830
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	40831
et seq.	40832

(2) The manner in which lottery sales revenues are to be	40833
collected, including authorization for the director to impose	40834
penalties for failure by lottery sales agents to transfer revenues	40835
to the commission in a timely manner;	40836

(3) The amount of compensation to be paid licensed lottery	40837
sales agents;	40838

(4) The substantive criteria for the licensing of lottery	40839
sales agents consistent with section 3770.05 of the Revised Code,	40840
and procedures for revoking or suspending their licenses	40841
consistent with Chapter 119. of the Revised Code. If	40842
circumstances, such as the nonpayment of funds owed by a lottery	40843
sales agent, or other circumstances related to the public safety,	40844
convenience, or trust, require immediate action, the director may	40845
suspend a license without affording an opportunity for a prior	40846
hearing under section 119.07 of the Revised Code.	40847

(5) Special game rules to implement any agreements signed by	40848
the governor that the director enters into with other lottery	40849
jurisdictions under division (J) of section 3770.02 of the Revised	40850
Code to conduct statewide joint lottery games. The rules shall	40851
require that the entire net proceeds of those games that remain,	40852
after associated operating expenses, prize disbursements, lottery	40853
sales agent bonuses, commissions, and reimbursements, and any	40854
other expenses necessary to comply with the agreements or the	40855
rules are deducted from the gross proceeds of those games, be	40856
transferred to the lottery profits education fund under division	40857
(B) of section 3770.06 of the Revised Code.	40858

(C) The commission may promulgate rules, in addition to those	40859
described in divisions (A) and (B) of this section, that establish	40860
standards governing the display of advertising and celebrity	40861
images on lottery tickets and on other items that are used in the	40862
conduct of, or to promote, the statewide lottery and statewide	40863
joint lottery games. Any revenue derived from the sale of	40864
advertising displayed on lottery tickets and on those other items	40865
shall be considered, for purposes of section 3770.06 of the	40866
Revised Code, to be related proceeds in connection with the	40867
statewide lottery or gross proceeds from statewide joint lottery	40868
games, as applicable.	40869

(D)(1) The commission shall meet with the director at least	40870
once each month and shall convene other meetings at the request of	40871
the chairperson or any five of the members. No action taken by the	40872
commission shall be binding unless at least five of the members	40873
present vote in favor of the action. A written record shall be	40874
made of the proceedings of each meeting and shall be transmitted	40875
forthwith to the governor, the president of the senate, the senate	40876
minority leader, the speaker of the house of representatives, and	40877
the house minority leader.	40878

(2) The director shall present to the commission a report	40879
each month, showing the total revenues, prize disbursements, and	40880
operating expenses of the state lottery for the preceding month.	40881
As soon as practicable after the end of each fiscal year, the	40882
commission shall prepare and transmit to the governor and the	40883
general assembly a report of lottery revenues, prize	40884
disbursements, and operating expenses for the preceding fiscal	40885
year and any recommendations for legislation considered necessary	40886
by the commission.	40887

Sec. 3770.06. (A) There is hereby created the state lottery	40888
gross revenue fund, which shall be in the custody of the treasurer	40889
of state but shall not be part of the state treasury. All gross	40890
revenues received from sales of lottery tickets, fines, fees, and	40891
related proceeds in connection with the statewide lottery and all	40892
gross proceeds from statewide joint lottery games shall be	40893
deposited into the fund. The treasurer of state shall invest any	40894
portion of the fund not needed for immediate use in the same	40895
manner as, and subject to all provisions of law with respect to	40896
the investment of, state funds. The treasurer of state shall	40897
disburse money from the fund on order of the director of the state	40898
lottery commission or the director's designee.	40899

Except for gross proceeds from statewide joint lottery games,	40900
all revenues of the state lottery gross revenue fund that are not	40901
paid to holders of winning lottery tickets, that are not required	40902
to meet short-term prize liabilities, that are not credited to	40903
lottery sales agents in the form of bonuses, commissions, or	40904
reimbursements, that are not paid to financial institutions to	40905
reimburse those institutions for sales agent nonsufficient funds,	40906
and that are collected from sales agents for remittance to	40907
insurers under contract to provide sales agent bonding services	40908
shall be transferred to the state lottery fund, which is hereby	40909
created in the state treasury. In addition, all revenues of the	40910
state lottery gross revenue fund that represent the gross proceeds	40911
from the statewide joint lottery games and that are not paid to	40912
holders of winning lottery tickets, that are not required to meet	40913
short-term prize liabilities, that are not credited to lottery	40914
sales agents in the form of bonuses, commissions, or	40915
reimbursements, and that are not necessary to cover operating	40916
expenses associated with those games or to otherwise comply with	40917
the agreements signed by the governor that the director enters	40918
into under division (J) of section 3770.02 of the Revised Code or	40919
the rules the commission adopts under division (B)(5) of section	40920
3770.03 of the Revised Code shall be transferred to the state	40921
lottery fund. All investment earnings of the fund shall be	40922
credited to the fund. Moneys shall be disbursed from the fund	40923
pursuant to vouchers approved by the director. Total disbursements	40924
for monetary prize awards to holders of winning lottery tickets in	40925
connection with the statewide lottery and purchases of goods and	40926
services awarded as prizes to holders of winning lottery tickets	40927
shall be of an amount equal to at least fifty per cent of the	40928
total revenue accruing from the sale of lottery tickets.	40929

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	40930
there is hereby established in the state treasury the lottery	40931
profits education fund. Whenever, in the judgment of the director	40932
of budget and management, the amount to the credit of the state	40933
lottery fund that does not represent proceeds from statewide joint	40934
lottery games is in excess of that needed to meet the maturing	40935
obligations of the commission and as working capital for its	40936
further operations, the director shall transfer the excess to the	40937
lottery profits education fund in connection with the statewide	40938
lottery. In addition, whenever, in the judgment of the director of	40939
budget and management, the amount to the credit of the state	40940
lottery fund that represents proceeds from statewide joint lottery	40941
games equals the entire net proceeds of those games as described	40942
in division (B)(5) of section 3770.03 of the Revised Code and the	40943
rules adopted under that division, the director shall transfer	40944
those proceeds to the lottery profits education fund. There shall	40945
also be credited to the fund any repayments of moneys loaned from	40946
the educational excellence investment fund. Investment earnings of	40947
the lottery profits education fund shall be credited to the fund.	40948

The lottery profits education fund shall be used solely for	40949
the support of elementary, secondary, vocational, and special	40950
education programs as determined in appropriations made by the	40951
general assembly, or as provided in applicable bond proceedings	40952
for the payment of debt service on obligations issued to pay costs	40953
of capital facilities, including those for a system of common	40954
schools throughout the state pursuant to section 2n of Article	40955
VIII, Ohio Constitution. When determining the availability of	40956
money in the lottery profits education fund, the director of	40957
budget and management may consider all balances and estimated	40958
revenues of the fund.	40959

~~From the amounts that the director of budget and management~~	40960
~~transfers in any fiscal year from the state lottery fund to the~~	40961
~~lottery profits education fund, the director shall transfer the~~	40962
~~initial ten million dollars of those amounts from the lottery~~	40963
~~profits education fund to the school building program bond service~~	40964
~~fund created in division (Q) of section 3318.26 of the Revised~~	40965
~~Code to be pledged for the purpose of paying bond service charges~~	40966
~~as defined in division (C) of section 3318.21 of the Revised Code~~	40967
~~on one or more issuances of obligations, which obligations are~~	40968
~~issued to provide moneys for the school building program~~	40969
~~assistance fund created in section 3318.25 of the Revised Code.~~	40970

(C) There is hereby established in the state treasury the	40971
deferred prizes trust fund. With the approval of the director of	40972
budget and management, an amount sufficient to fund annuity prizes	40973
shall be transferred from the state lottery fund and credited to	40974
the trust fund. The treasurer of state shall credit all earnings	40975
arising from investments purchased under this division to the	40976
trust fund. Within sixty days after the end of each fiscal year,	40977
the treasurer of state shall certify to the director of budget and	40978
management whether the actuarial amount of the trust fund is	40979
sufficient over the fund's life for continued funding of all	40980
remaining deferred prize liabilities as of the last day of the	40981
fiscal year just ended. Also, within that sixty days, the director	40982
of budget and management shall certify the amount of investment	40983
earnings necessary to have been credited to the trust fund during	40984
the fiscal year just ending to provide for such continued funding	40985
of deferred prizes. Any earnings credited in excess of ~~this~~the	40986
latter certified amount shall be transferred to the lottery	40987
profits education fund.	40988

To provide all or a part of the amounts necessary to fund	40989
deferred prizes awarded by the commission in connection with the	40990
statewide lottery, the treasurer of state, in consultation with	40991
the commission, may invest moneys contained in the deferred prizes	40992
trust fund which represents proceeds from the statewide lottery in	40993
obligations of the type permitted for the investment of state	40994
funds but whose maturities are thirty years or less.	40995
Notwithstanding the requirements of any other section of the	40996
Revised Code, to provide all or part of the amounts necessary to	40997
fund deferred prizes awarded by the commission in connection with	40998
statewide joint lottery games, the treasurer of state, in	40999
consultation with the commission, may invest moneys in the trust	41000
fund which represent proceeds derived from the statewide joint	41001
lottery games in accordance with the rules the commission adopts	41002
under division (B)(5) of section 3770.03 of the Revised Code.	41003
Investments of the trust fund are not subject to the provisions of	41004
division (A)(10) of section 135.143 of the Revised Code limiting	41005
to twenty-five per cent the amount of the state's total average	41006
portfolio that may be invested in debt interests and limiting to	41007
one-half of one per cent the amount that may be invested in debt	41008
interests of a single issuer.	41009

All purchases made under this division shall be effected on a	41010
delivery versus payment method and shall be in the custody of the	41011
treasurer of state.	41012

The treasurer of state may retain an investment advisor, if	41013
necessary. The commission shall pay any costs incurred by the	41014
treasurer of state in retaining an investment advisor.	41015

(D) The auditor of state shall conduct annual audits of all	41016
funds and any other audits as the auditor of state or the general	41017
assembly considers necessary. The auditor of state may examine all	41018
records, files, and other documents of the commission, and records	41019
of lottery sales agents that pertain to their activities as	41020
agents, for purposes of conducting authorized audits.	41021

The state lottery commission shall establish an internal	41022
audit program before the beginning of each fiscal year, subject to	41023
the approval of the auditor of state. At the end of each fiscal	41024
year, the commission shall prepare and submit an annual report to	41025
the auditor of state for the auditor of state's review and	41026
approval, specifying the internal audit work completed by the end	41027
of that fiscal year and reporting on compliance with the annual	41028
internal audit program. The form and content of the report shall	41029
be prescribed by the auditor of state under division (C) of	41030
section 117.20 of the Revised Code.	41031

(E) Whenever, in the judgment of the director of budget and	41032
management, an amount of net state lottery proceeds is necessary	41033
to be applied to the payment of debt service on obligations, all	41034
as defined in sections 151.01 and 151.03 of the Revised Code, the	41035
director shall transfer that amount directly from the state	41036
lottery fund or from the lottery profits education fund to the	41037
bond service fund defined in those sections. The provisions of	41038
this division are subject to any prior pledges or obligation of	41039
those amounts to the payment of bond service charges as defined in	41040
division (C) of section 3318.21 of the Revised Code, as referred	41041
to in division (B) of this section.	41042

Sec. 3905.36. (A) Except as provided in divisions (B) and	41043
(C) of this section, every insured association, company,	41044
corporation, or other person that enters, directly or indirectly,	41045
into any agreements with any insurance company, association,	41046
individual, firm, underwriter, or Lloyd's, not authorized to do	41047
business in this state, whereby the insured shall procure,	41048
continue, or renew contracts of insurance covering subjects of	41049
insurance resident, located, or to be performed within this state,	41050
with such unauthorized insurance company, association, individual,	41051
firm, underwriter, or Lloyd's, for which insurance there is a	41052
gross premium, membership fee, assessment, dues, or other	41053
consideration charged or collected, shall annually, on or before	41054
the thirty-first day of January, return to the superintendent of	41055
insurance a statement under oath showing the name and address of	41056
the insured, name and address of the insurer, subject of the	41057
insurance, general description of the coverage, and amount of	41058
gross premium, fee, assessment, dues, or other consideration for	41059
such insurance for the preceding twelve-month period and shall at	41060
the same time pay to the treasurer of state a tax of five per cent	41061
of such gross premium, fee, assessment, dues, or other	41062
consideration, after a deduction for return premium, if any, as	41063
calculated on a form prescribed by the treasurer of state. All	41064
taxes collected under this section by the treasurer of state shall	41065
be paid into the general revenue fund. If the tax is not paid when	41066
due, the tax shall be increased by a penalty of twenty-five per	41067
cent. An interest charge computed as set forth in section	41068
5725.221 of the Revised Code shall be made on the entire sum of	41069
the tax plus penalty, which interest shall be computed from the	41070
date the tax is due until it is paid. For purposes of this	41071
section, payment is considered made when it is received by the	41072
treasurer of state, irrespective of any United States postal	41073
service marking or other stamp or mark indicating the date on	41074
which the payment may have been mailed.	41075

(B) This section does not apply to:

41076

(1) Transactions in this state involving a policy solicited,	41077
written, and delivered outside this state covering only subjects	41078
of insurance not resident, located, or to be performed in this	41079
state at the time of issuance, provided such transactions are	41080
subsequent to the issuance of the policy;	41081

(2) Attorneys-at-law acting on behalf of their clients in the	41082
adjustment of claims or losses;	41083

(3) Transactions involving policies issued by a captive	41084
insurer. For this purpose, a "captive insurer" means any of the	41085
following:	41086

(a) An insurer owned by one or more individuals or	41087
organizations, whose exclusive purpose is to insure risks of one	41088
or more of the parent organizations or individual owners and risks	41089
of one or more affiliates of the parent organizations or	41090
individual owners;	41091

(b) In the case of groups and associations, insurers owned by	41092
the group or association whose exclusive purpose is to insure	41093
risks of members of the group or association and affiliates of the	41094
members;	41095

(c) Other types of insurers, licensed and operated in	41096
accordance with the captive insurance laws of their jurisdictions	41097
of domicile and operated in a manner so as to self-insure risks of	41098
their owners and insureds.	41099

(4) Professional or medical liability insurance procured by a	41100
hospital organized under Chapter 3701. of the Revised Code ~~or on~~	41101
~~behalf of an entity that manufactures, packages, and sells, as~~	41102
~~more than fifty per cent of the entity's business, pharmaceutical~~	41103
~~products for human use where the production, packaging, and sale~~	41104
~~of such products are subject to regulation by an agency of the~~	41105
~~United States~~;	41106

(5) Insurance with an initial policy period of more than	41107
three years and that is procured to cover known events related to	41108
environmental remediation that occurred prior to the effective	41109
date of that insurance;	41110

(6) Insurance procured on behalf of an entity that	41111
manufactures, packages, and sells, as more than fifty per cent of	41112
the entity's business, pharmaceutical products for human use where	41113
the production, packaging, and sale of such products are subject	41114
to regulation by an agency of the United States.	41115

(C) In transactions that are subject to sections 3905.30 to	41116
3905.35 of the Revised Code, each person licensed under section	41117
3905.30 of the Revised Code shall pay to the treasurer of state,	41118
on or before the thirty-first day of January of each year, five	41119
per cent of the balance of the gross premiums charged for	41120
insurance placed or procured under the license after a deduction	41121
for return premiums, as reported on a form prescribed by the	41122
treasurer of state. The tax shall be collected from the insured by	41123
the surplus line broker who placed or procured the policy of	41124
insurance at the time the policy is delivered to the insured. No	41125
license issued under section 3905.30 of the Revised Code shall be	41126
renewed until payment is made. If the tax is not paid when due,	41127
the tax shall be increased by a penalty of twenty-five per cent.	41128
An interest charge computed as set forth in section 5725.221 of	41129
the Revised Code shall be made on the entire sum of the tax plus	41130
penalty, which interest shall be computed from the date the tax is	41131
due until it is paid. For purposes of this section, payment is	41132
considered made when it is received by the treasurer of state,	41133
irrespective of any United States postal service marking or other	41134
stamp or mark indicating the date on which the payment may have	41135
been mailed.	41136

Sec. 3923.281. (A) As used in this section:

41137

(1) "Biologically based mental illness" means schizophrenia,	41138
schizoaffective disorder, major depressive disorder, bipolar	41139
disorder, paranoia and other psychotic disorders,	41140
obsessive-compulsive disorder, and panic disorder, as these terms	41141
are defined in the most recent edition of the diagnostic and	41142
statistical manual of mental disorders published by the American	41143
psychiatric association.	41144

(2) "Policy of sickness and accident insurance" has the same	41145
meaning as in section 3923.01 of the Revised Code, but excludes	41146
any hospital indemnity, medicare supplement, long-term care,	41147
disability income, one-time-limited-duration policy of not longer	41148
than six months, supplemental benefit, or other policy that	41149
provides coverage for specific diseases or accidents only; any	41150
policy that provides coverage for workers' compensation claims	41151
compensable pursuant to Chapters 4121. and 4123. of the Revised	41152
Code; and any policy that provides coverage to beneficiaries	41153
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	41154
(1935), 42 U.S.C.A. 301, as amended, known as the medical	41155
assistance program or medicaid, as provided by the Ohio department	41156
of job and family services under Chapter 5111. of the Revised	41157
Code.	41158

(B) Notwithstanding section 3901.71 of the Revised Code, and	41159
subject to division (E) of this section, every ~~group~~ policy of	41160
sickness and accident insurance shall provide benefits for the	41161
diagnosis and treatment of biologically based mental illnesses on	41162
the same terms and conditions as, and shall provide benefits no	41163
less extensive than, those provided under the policy of sickness	41164
and accident insurance for the treatment and diagnosis of all	41165
other physical diseases and disorders, if both of the following	41166
apply:	41167

(1) The biologically based mental illness is clinically	41168
diagnosed by a physician authorized under Chapter 4731. of the	41169
Revised Code to practice medicine and surgery or osteopathic	41170
medicine and surgery; a psychologist licensed under Chapter 4732.	41171
of the Revised Code; a professional clinical counselor,	41172
professional counselor, or independent social worker licensed	41173
under Chapter 4757. of the Revised Code; or a clinical nurse	41174
specialist licensed under Chapter 4723. of the Revised Code whose	41175
nursing specialty is mental health.	41176

(2) The prescribed treatment is not experimental or	41177
investigational, having proven its clinical effectiveness in	41178
accordance with generally accepted medical standards.	41179

(C) Division (B) of this section applies to all coverages and	41180
terms and conditions of the policy of sickness and accident	41181
insurance, including, but not limited to, coverage of inpatient	41182
hospital services, outpatient services, and medication; maximum	41183
lifetime benefits; copayments; and individual and family	41184
deductibles.	41185

(D) Nothing in this section shall be construed as prohibiting	41186
a sickness and accident insurance company from taking any of the	41187
following actions:	41188

(1) Negotiating separately with mental health care providers	41189
with regard to reimbursement rates and the delivery of health care	41190
services;	41191

(2) Offering policies that provide benefits solely for the	41192
diagnosis and treatment of biologically based mental illnesses;	41193

(3) Managing the provision of benefits for the diagnosis or	41194
treatment of biologically based mental illnesses through the use	41195
of pre-admission screening, by requiring beneficiaries to obtain	41196
authorization prior to treatment, or through the use of any other	41197
mechanism designed to limit coverage to that treatment determined	41198
to be necessary;	41199

(4) Enforcing the terms and conditions of a policy of	41200
sickness and accident insurance.	41201

(E) An insurer that offers ~~a group~~any policy of sickness and	41202
accident insurance is not required to provide benefits for the	41203
diagnosis and treatment of biologically based mental illnesses	41204
pursuant to division (B) of this section if all of the following	41205
apply:	41206

(1) The insurer submits documentation certified by an	41207
independent member of the American academy of actuaries to the	41208
superintendent of insurance showing that incurred claims for	41209
diagnostic and treatment services for biologically based mental	41210
illnesses for a period of at least six months independently caused	41211
the insurer's costs for claims and administrative expenses for the	41212
coverage of all other physical diseases and disorders to increase	41213
by more than one per cent per year.	41214

(2) The insurer submits a signed letter from an independent	41215
member of the American academy of actuaries to the superintendent	41216
of insurance opining that the increase described in division	41217
(E)(1) of this section could reasonably justify an increase of	41218
more than one per cent in the annual premiums or rates charged by	41219
the insurer for the coverage of all other physical diseases and	41220
disorders.	41221

(3) The superintendent of insurance makes the following	41222
determinations from the documentation and opinion submitted	41223
pursuant to divisions (E)(1) and (2) of this section:	41224

(a) Incurred claims for diagnostic and treatment services for	41225
biologically based mental illnesses for a period of at least six	41226
months independently caused the insurer's costs for claims and	41227
administrative expenses for the coverage of all other physical	41228
diseases and disorders to increase by more than one per cent per	41229
year.	41230

(b) The increase in costs reasonably justifies an increase of	41231
more than one per cent in the annual premiums or rates charged by	41232
the insurer for the coverage of all other physical diseases and	41233
disorders.	41234

Any determination made by the superintendent under this	41235
division is subject to Chapter 119. of the Revised Code.	41236

Sec. 4112.12. (A) There is hereby created the commission on	41237
African-American males, which shall consist of not more than	41238
~~forty-one~~twenty-three members as follows: the directors or their	41239
designees of the departments of health, development, alcohol and	41240
drug addiction services, and job and family services,	41241
~~rehabilitation and correction, mental health, and youth services;~~	41242
~~the adjutant general or the adjutant general's designee~~; the equal	41243
employment opportunity officer of the department of administrative	41244
services or the equal employment opportunity officer's designee;	41245
the executive director or the executive director's designee of the	41246
Ohio civil rights commission; the executive director or the	41247
executive director's designee of the division of criminal justice	41248
services in the department of public safety; the superintendent of	41249
public instruction; the chancellor or the chancellor's designee of	41250
the Ohio board of regents; two members of the house of	41251
representatives appointed by the speaker of the house of	41252
representatives each of whom shall be members of different	41253
political parties; ~~three~~and two members of the senate appointed	41254
by the president of the senate~~; and not more than twenty-three~~	41255
~~members appointed by the governor~~each of whom shall be members of	41256
different political parties. The members ~~appointed by the~~	41257
~~governor shall include an additional member of the governor's~~	41258
~~cabinet and at least one representative of each of the following:~~	41259
~~the national association for the advancement of colored people;~~	41260
~~the urban league; an organization representing black elected~~	41261
~~officials; an organization representing black attorneys; the black~~	41262
~~religious community; the black business community; the nonminority~~	41263
~~business community; and organized labor; at least one black~~	41264
~~medical doctor, one black elected member of a school board, and~~	41265
~~one black educator; and at least two representatives of local~~	41266
~~private industry councils. The remaining members that may be~~	41267
~~appointed by the governor shall be selected from elected~~	41268
~~officials, civic and community leaders, and representatives of the~~	41269
~~employment, criminal justice, education, and health communities~~	41270
who are members of the general assembly shall be nonvoting	41271
members. The Ohio state university African American and African	41272
studies community extension center, in consultation with the	41273
governor, shall appoint two members from the private corporate	41274
sector, at least four members from the public sector, and two	41275
members from the nonprofit sector.	41276

(B) Terms of office shall be for three years, ~~with each~~	41277
except that members of the general assembly appointed to the	41278
commission shall be members only so long as they are members of	41279
the general assembly. Each term ~~ending~~ends on the same day of the	41280
same month as did the term that it succeeds. Each member shall	41281
hold office from the date of appointment until the end of the term	41282
for which the member was appointed. Members may be reappointed.	41283
Vacancies shall be filled in the manner provided for original	41284
appointments. Any member appointed to fill a vacancy occurring	41285
prior to the expiration date of the term for which the member's	41286
predecessor was appointed shall hold office as a member for the	41287
remainder of that term. A member shall continue in office	41288
subsequent to the expiration date of the member's term until the	41289
member's successor takes office or until a period of sixty days	41290
has elapsed, whichever occurs first.	41291

The commission annually shall elect a chairperson from among	41292
its members.	41293

(C) Members of the commission and members of subcommittees	41294
appointed under division (B) of section 4112.13 of the Revised	41295
Code shall not be compensated, but shall be reimbursed for their	41296
necessary and actual expenses incurred in the performance of their	41297
official duties.	41298

(D)~~(1) The Ohio civil rights commission shall serve as the~~	41299
~~commission on African-American males' fiscal agent and shall~~	41300
~~perform all of the following services:~~	41301

~~(a) Prepare and process payroll and other personnel documents~~	41302
~~that the commission on African-American males approves;~~	41303

~~(b) Maintain ledgers of accounts and reports of account~~	41304
~~balances, and monitor budgets and allotment plans in consultation~~	41305
~~with the commission on African-American males;~~	41306

~~(c) Perform other routine support services that the executive~~	41307
~~director of the Ohio civil rights commission or the~~ ~~executive~~	41308
director's designee and the Commission on African-American males	41309
or its designee consider appropriate to achieve efficiency.	41310

~~(2) The Ohio civil rights commission shall not approve any~~	41311
~~payroll or other personnel-related documents or any biennial~~	41312
~~budget, grant, expenditure, audit, or fiscal-related document~~	41313
~~without the advice and consent of the commission on~~	41314
~~African-American males.~~	41315

~~(3) The Ohio civil rights commission shall determine fees to~~	41316
~~be charged to the commission on African-American males for~~	41317
~~services performed under this division, which shall be in~~	41318
~~proportion to the services performed for the commission on~~	41319
~~African-American males.~~	41320

~~(4) The commission on African-American males or its designee~~	41321
~~has:~~	41322

~~(a) Sole authority to draw funds for any federal program in~~	41323
~~which the commission is authorized to participate;~~	41324

~~(b) Sole authority to expend funds from accounts for programs~~	41325
~~and any other necessary expenses the commission on~~	41326
~~African-American males may incur;~~	41327

~~(c) The duty to cooperate with the Ohio civil rights~~	41328
~~commission to ensure that the Ohio civil rights commission is~~	41329
~~fully apprised of all financial transactions.~~	41330

~~(E)~~ The Ohio state university African American and African	41331
studies community extension center, in consultation with the	41332
governor, shall appoint an executive director of the commission on	41333
African-American males ~~shall appoint an executive director~~, who	41334
shall be in the unclassified civil service. The executive director	41335
shall supervise the commission's activities and report to the	41336
commission and to the Ohio state university African American and	41337
African studies community extension center on the progress of	41338
those activities. The executive director shall do all things	41339
necessary for the efficient and effective implementation of the	41340
duties of the commission.	41341

The responsibilities assigned to the executive director do	41342
not relieve the members of the commission from final	41343
responsibility for the proper performance of the requirements of	41344
this division.	41345

~~(F)~~(E) The commission on African-American males shall do all	41346
of the following:	41347

(1) Employ, promote, supervise, and remove all employees, as	41348
needed, in connection with the performance of its duties under	41349
this section;	41350

(2) Maintain its office in Columbus;

41351

(3) Acquire facilities, equipment, and supplies necessary to	41352
house the commission, its employees, and files and records under	41353
its control, and to discharge any duty imposed upon it by law. The	41354
expense of these acquisitions shall be audited and paid for in the	41355
same manner as other state expenses.	41356

(4) ~~Prepare and submit to the office of budget and management~~	41357
~~a budget for each biennium in accordance with sections 101.55 and~~	41358
~~107.03 of the Revised Code. The budget submitted shall cover the~~	41359
~~costs of the commission and its staff in the discharge of any duty~~	41360
~~imposed upon the commission by law. The commission shall pay its~~	41361
~~own payroll and other operating expenses from appropriation items~~	41362
~~designated by the general assembly. The commission shall not~~	41363
~~delegate any authority to obligate funds.~~	41364

~~(5)~~ Establish the overall policy and management of the	41365
commission in accordance with this chapter;	41366

~~(6)~~(5) Follow all state procurement requirements;

41367

~~(7) Pay fees owed to the Ohio civil rights commission under~~	41368
~~division (D) of this section from the commission on~~	41369
~~African-American males' general revenue fund or from any other~~	41370
~~fund from which the operating expenses of the commission on~~	41371
~~African-American males are paid. Any amounts set aside for a~~	41372
~~fiscal year for the payment of such fees shall be used only for~~	41373
~~the services performed for the commission on African-American~~	41374
~~males by the Ohio civil rights commission in that fiscal year~~(6)	41375
Implement the policies and plans of the Ohio state university	41376
African American and African studies community extension center as	41377
those policies and plans are formulated and adopted by the Ohio	41378
state university African American and African studies community	41379
extension center;	41380

(7) Report to the Ohio state university African American and	41381
African studies community extension center on the progress of the	41382
commission on African-American males in implementing the policies	41383
and plans of the Ohio state university African American and	41384
African studies community extension center.	41385

~~(G)~~(F) The commission on African-American males may:

41386

(1) Hold sessions at any place within the state, except that	41387
the commission on African-American males shall meet at least	41388
quarterly;	41389

(2) Establish, change, or abolish positions, and assign and	41390
reassign duties and responsibilities of any employee of the	41391
commission on African-American males as necessary to achieve the	41392
most efficient performance of its functions.	41393

(G) The Ohio state university African American and African	41394
studies community extension center shall establish the overall	41395
policy and management of the commission on African-American males	41396
and shall direct, manage, and oversee the commission. The Ohio	41397
state university African American and African studies community	41398
extension center shall develop overall policies and plans, and the	41399
commission on African-American males shall implement those	41400
policies and plans. The commission on African-American males,	41401
through its executive director, shall keep the Ohio state	41402
university African American and African studies community	41403
extension center informed as to the activities of the commission	41404
on African-American males in such manner and at such times as the	41405
Ohio state university African American and African studies	41406
community extension center shall determine.	41407

The Ohio state university African American and African	41408
studies community extension center may prescribe duties and	41409
responsibilities of the commission on African-American males in	41410
addition to those prescribed in section 4112.13 of the Revised	41411
Code.	41412

(H) The Ohio state university African American and African	41413
studies community extension center annually shall contract for a	41414
report on the status of African-Americans in this state. Issues to	41415
be evaluated in the report shall include the criminal justice	41416
system, education, employment, health care, and housing, and such	41417
other issues as the Ohio state university African American and	41418
African studies community extension center may specify. The report	41419
shall include policy recommendations relating to the issues	41420
covered in the report.	41421

Sec. 4112.13. (A) ~~The~~In addition to any duties and	41422
responsibilities that the Ohio state university African American	41423
and African studies community extension center may prescribe for	41424
the commission on African-American males under section 4112.12 of	41425
the Revised Code, the commission on African-American males shall	41426
do all of the following:	41427

(1) Oversee and supervise four separate and distinct	41428
subcommittees devoted to solving problems and advancing	41429
recommendations exclusively pertinent to black males in the areas	41430
of unemployment, criminal justice, education, and health;	41431

(2) Conduct research to determine the nature and extent of	41432
the problems concerning black males in the four areas targeted in	41433
division (A)(1) of this section;	41434

(3) Hold public hearings for the purpose of collecting data;

41435

(4) Identify existing federal, state, and local programs that	41436
address problems and solutions relevant to the four targeted areas	41437
of study;	41438

(5) Implement appropriate new programs and demonstration	41439
projects especially designed for black males;	41440

(6) Develop and implement community education and public	41441
awareness programs especially designed for black males;	41442

(7) Develop strategies to improve the social condition of	41443
black males;	41444

(8) Report to the governor, the general assembly, the auditor	41445
of state, the secretary of state, the attorney general, and the	41446
chief justice of the Ohio supreme court at least biennially on the	41447
activities, findings, and recommendations of the commission;	41448

(9) Accept gifts, grants, donations, contributions, benefits,	41449
and other funds from any public agency or private source to carry	41450
out any or all of the commission's powers or duties. Such funds	41451
shall be deposited in the commission on African-American males	41452
fund, which is hereby created in the state treasury. All gifts,	41453
grants, donations, contributions, benefits, and other funds	41454
received by the commission under division (A)(9) of this section,	41455
when appropriated to the commission, shall be used solely to	41456
support the operations of the commission.	41457

(B) The ~~chairman~~chairperson of the commission may appoint	41458
any number of individuals to serve on the subcommittees created in	41459
division (A)(1) of this section. Members of subcommittees serve at	41460
the discretion of the ~~chairman~~chairperson.	41461

Sec. 4117.06. (A) The state employment relations board shall	41462
decide in each case the unit appropriate for the purposes of	41463
collective bargaining. The determination is final and conclusive	41464
and not appealable to the court.	41465

(B) The board shall determine the appropriateness of each	41466
bargaining unit and shall consider among other relevant factors:	41467
the desires of the employees; the community of interest; wages,	41468
hours, and other working conditions of the public employees; the	41469
effect of over-fragmentation; the efficiency of operations of the	41470
public employer; the administrative structure of the public	41471
employer; and the history of collective bargaining.	41472

(C) The board may determine a unit to be the appropriate unit	41473
in a particular case, even though some other unit might also be	41474
appropriate.	41475

(D) In addition, in determining the appropriate unit, the	41476
board shall not:	41477

(1) Decide that any unit is appropriate if the unit includes	41478
both professional and nonprofessional employees, unless a majority	41479
of the professional employees and a majority of the	41480
nonprofessional employees first vote for inclusion in the unit;	41481

(2) Include guards or correction officers at correctional or	41482
mental institutions, special police officers appointed in	41483
accordance with sections 5119.14 and 5123.13 of the Revised Code,	41484
psychiatric attendants employed at mental health forensic	41485
facilities, youth leaders employed at juvenile correction	41486
facilities, or any public employee employed as a guard to enforce	41487
against other employees rules to protect property of the employer	41488
or to protect the safety of persons on the employer's premises in	41489
a unit with other employees;	41490

(3) Include members of a police or fire department or members	41491
of the state highway patrol in a unit with other classifications	41492
of public employees of the department;	41493

(4) Designate as appropriate a bargaining unit that contains	41494
more than one institution of higher education; nor shall it within	41495
any such institution of higher education designate as appropriate	41496
a unit where such designation would be inconsistent with the	41497
accreditation standards or interpretations of such standards,	41498
governing such institution of higher education or any department,	41499
school, or college thereof. For the purposes of this division, any	41500
branch or regional campus of a public institution of higher	41501
education is part of that institution of higher education.	41502

(5) Designate as appropriate a bargaining unit that contains	41503
employees within the jurisdiction of more than one elected county	41504
office holder, unless the county-elected office holder and the	41505
board of county commissioners agree to such other designation;	41506

(6) With respect to members of a police department, designate	41507
as appropriate a unit that includes rank and file members of the	41508
department with members who are of the rank of sergeant or above;	41509

(7) Except as otherwise provided by division (A)(3) of	41510
section 3314.10 or division (B) of section 3326.18 of the Revised	41511
Code, designate as appropriate a bargaining unit that contains	41512
employees from multiple community schools established under	41513
Chapter 3314. or multiple science, technology, engineering, and	41514
mathematics schools established under Chapter 3326. of the Revised	41515
Code. For purposes of this division, more than one unit may be	41516
designated within a single community school or science,	41517
technology, engineering, and mathematics school.	41518

This section shall not be deemed to prohibit multiunit	41519
bargaining.	41520

Sec. 4141.09. (A) There is hereby created an unemployment	41521
compensation fund to be administered by the state without	41522
liability on the part of the state beyond the amounts paid into	41523
the fund and earned by the fund. The unemployment compensation	41524
fund shall consist of all contributions, payments in lieu of	41525
contributions described in sections 4141.241 and 4141.242 of the	41526
Revised Code, reimbursements of the federal share of extended	41527
benefits described in section 4141.301 of the Revised Code,	41528
collected under sections 4141.01 to 4141.46 of the Revised Code,	41529
together with all interest earned upon any moneys deposited with	41530
the secretary of the treasury of the United States to the credit	41531
of the account of this state in the unemployment trust fund	41532
established and maintained pursuant to section 904 of the "Social	41533
Security Act," any property or securities acquired through the use	41534
of moneys belonging to the fund, and all earnings of such property	41535
or securities. The unemployment compensation fund shall be used to	41536
pay benefits and refunds as provided by such sections and for no	41537
other purpose.	41538

(B) The treasurer of state shall be the custodian of the	41539
unemployment compensation fund and shall administer such fund in	41540
accordance with the directions of the director of job and family	41541
services. All disbursements therefrom shall be paid by the	41542
treasurer of state on warrants drawn by the director. Such	41543
warrants may bear the facsimile signature of the director printed	41544
thereon and that of a deputy or other employee of the director	41545
charged with the duty of keeping the account of the unemployment	41546
compensation fund and with the preparation of warrants for the	41547
payment of benefits to the persons entitled thereto. Moneys in the	41548
clearing and benefit accounts shall not be commingled with other	41549
state funds, except as provided in division (C) of this section,	41550
but shall be maintained in separate accounts on the books of the	41551
depositary bank. Such money shall be secured by the depositary	41552
bank to the same extent and in the same manner as required by	41553
sections 135.01 to 135.21 of the Revised Code; and collateral	41554
pledged for this purpose shall be kept separate and distinct from	41555
any collateral pledged to secure other funds of this state. All	41556
sums recovered for losses sustained by the unemployment	41557
compensation fund shall be deposited therein. The treasurer of	41558
state shall be liable on the treasurer's official bond for the	41559
faithful performance of the treasurer's duties in connection with	41560
the unemployment compensation fund, such liability to exist in	41561
addition to any liability upon any separate bond.	41562

(C) The treasurer of state shall maintain within the	41563
unemployment compensation fund three separate accounts which shall	41564
be a clearing account, ~~an unemployment~~a trust fund account, and a	41565
benefit account. All moneys payable to the unemployment	41566
compensation fund, upon receipt ~~thereof~~ by the director, shall be	41567
forwarded to the treasurer of state, who shall immediately deposit	41568
them in the clearing account. Refunds of contributions, or	41569
payments in lieu of contributions, payable pursuant to division	41570
(E) of this section may be paid from the clearing account upon	41571
warrants signed by a deputy or other employee of the director	41572
charged with the duty of keeping the record of the clearing	41573
account and with the preparation of warrants for the payment of	41574
refunds to persons entitled thereto. After clearance thereof, all	41575
moneys in the clearing account shall be deposited with the	41576
secretary of the treasury of the United States to the credit of	41577
the account of this state in the unemployment trust fund	41578
established and maintained pursuant to section 904 of the "Social	41579
Security Act," in accordance with requirements of the "Federal	41580
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301,	41581
3304(a)(3), any law in this state relating to the deposit,	41582
administration, release, or disbursement of moneys in the	41583
possession or custody of this state to the contrary	41584
notwithstanding. The benefit account shall consist of all moneys	41585
requisitioned from this state's account in the unemployment trust	41586
fund. Federal funds~~, other than funds received by the director~~	41587
~~under divisions (I) and (J) of this section, received for payment~~	41588
~~of federal benefits~~ may be deposited, at the director's	41589
discretion, into the benefit account. Any funds deposited into the	41590
benefit account shall be disbursed solely for payment of benefits	41591
under a federal program administered by this state~~. Moneys so~~	41592
~~requisitioned shall be used solely for the payment of benefits~~ and	41593
for no other purpose. Moneys in the clearing and benefit accounts	41594
may be deposited by the treasurer of state, under the direction of	41595
the director, in any bank or public depositary in which general	41596
funds of the state may be deposited, but no public deposit	41597
insurance charge or premium shall be paid out of the fund.	41598

(D) Moneys shall be requisitioned from this state's account	41599
in the unemployment trust fund solely for the payment of benefits	41600
and in accordance with regulations prescribed by the director. The	41601
director shall requisition from the unemployment trust fund such	41602
amounts, not exceeding the amount standing to this state's account	41603
therein, as are deemed necessary for the payment of benefits for a	41604
reasonable future period. Upon receipt thereof, the treasurer of	41605
state shall deposit such moneys in the benefit account.	41606
Expenditures of such money in the benefit account and refunds from	41607
the clearing account shall not require specific appropriations or	41608
other formal release by state officers of money in their custody.	41609
Any balance of moneys requisitioned from the unemployment trust	41610
fund which remains unclaimed or unpaid in the benefit account	41611
after the expiration of the period for which such sums were	41612
requisitioned shall either be deducted from estimates for and may	41613
be utilized for the payment of benefits during succeeding periods,	41614
or, in the discretion of the director, shall be redeposited with	41615
the secretary of the treasury of the United States to the credit	41616
of this state's account in the unemployment trust fund, as	41617
provided in division (C) of this section. Unclaimed or unpaid	41618
federal funds redeposited with the secretary of the treasury of	41619
the United States shall be credited to the appropriate federal	41620
account.	41621

(E) No claim for an adjustment or a refund on contribution,	41622
payment in lieu of contributions, interest, or forfeiture alleged	41623
to have been erroneously or illegally assessed or collected, or	41624
alleged to have been collected without authority, and no claim for	41625
an adjustment or a refund of any sum alleged to have been	41626
excessive or in any manner wrongfully collected shall be allowed	41627
unless an application, in writing, therefor is made within four	41628
years from the date on which such payment was made. If the	41629
director determines that such contribution, payment in lieu of	41630
contributions, interest, or forfeiture, or any portion thereof,	41631
was erroneously collected, the director shall allow such employer	41632
to make an adjustment thereof without interest in connection with	41633
subsequent contribution payments, or payments in lieu of	41634
contributions, by the employer, or the director may refund said	41635
amount, without interest, from the clearing account of the	41636
unemployment compensation fund, except as provided in division (B)	41637
of section 4141.11 of the Revised Code. For like cause and within	41638
the same period, adjustment or refund may be so made on the	41639
director's own initiative. An overpayment of contribution, payment	41640
in lieu of contributions, interest, or forfeiture for which an	41641
employer has not made application for refund prior to the date of	41642
sale of the employer's business shall accrue to the employer's	41643
successor in interest.	41644

An application for an adjustment or a refund, or any portion	41645
thereof, that is rejected is binding upon the employer unless,	41646
within thirty days after the mailing of a written notice of	41647
rejection to the employer's last known address, or, in the absence	41648
of mailing of such notice, within thirty days after the delivery	41649
of such notice, the employer files an application for a review and	41650
redetermination setting forth the reasons therefor. The director	41651
shall promptly examine the application for review and	41652
redetermination, and if a review is granted, the employer shall be	41653
promptly notified thereof, and shall be granted an opportunity for	41654
a prompt hearing.	41655

(F) If the director finds that contributions have been paid	41656
to the director in error, and that such contributions should have	41657
been paid to a department of another state or of the United States	41658
charged with the administration of an unemployment compensation	41659
law, the director may upon request by such department or upon the	41660
director's own initiative transfer to such department the amount	41661
of such contributions, less any benefits paid to claimants whose	41662
wages were the basis for such contributions. The director may	41663
request and receive from such department any contributions or	41664
adjusted contributions paid in error to such department which	41665
should have been paid to the director.	41666

(G) In accordance with section 303(c)(3) of the Social	41667
Security Act, and section 3304(a)(17) of the Internal Revenue Code	41668
of 1954 for continuing certification of Ohio unemployment	41669
compensation laws for administrative grants and for tax credits,	41670
any interest required to be paid on advances under Title XII of	41671
the Social Security Act shall be paid in a timely manner and shall	41672
not be paid, directly or indirectly, by an equivalent reduction in	41673
the Ohio unemployment taxes or otherwise, by the state from	41674
amounts in the unemployment compensation fund.	41675

(H) The treasurer of state, under the direction of the	41676
director and in accordance with the "Cash Management Improvement	41677
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	41678
amounts of interest earned by the state on funds in the benefit	41679
account established pursuant to division (C) of this section into	41680
the department of job and family services banking fees fund, which	41681
is hereby created in the state treasury for the purpose of paying	41682
related banking costs incurred by the state for the period for	41683
which the interest is calculated, except that if the deposited	41684
interest exceeds the banking costs incurred by the state for the	41685
period for which the interest is calculated, the treasurer of	41686
state shall deposit the excess interest into the unemployment	41687
trust fund.	41688

(I) ~~The treasurer of state, under the direction of the~~	41689
~~director, shall deposit federal funds received by the director for~~	41690
~~the payment of benefits, job search, relocation, transportation,~~	41691
~~and subsistence allowances pursuant to the "Trade Act of 1974," 88~~	41692
~~Stat. 1978, 19 U.S.C.A. 2101, as amended; the "North American Free~~	41693
~~Trade Implementation Act of 1993," 107 Stat. 2057, 19 U.S.C.A.~~	41694
~~3301, as amended; and the "Trade Act of 2002," 116 Stat. 993, 19~~	41695
~~U.S.C.A. 3801, as amended, into the Trade Act benefit account,~~	41696
~~which is hereby created for the purpose of making payments~~	41697
~~specified under those acts.~~	41698

~~(J)~~ The treasurer of state, under the direction of the	41699
director, shall deposit federal funds received by the director for	41700
training and administration and for payment of benefits, job	41701
search, relocation, transportation, and subsistence allowances	41702
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	41703
2101, as amended; the "North American Free Trade Agreement	41704
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as	41705
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.	41706
3801, as amended, into the Trade Act training and administration	41707
account, which is hereby created for the purpose of making	41708
payments specified under those acts. The treasurer of state, under	41709
the direction of the director, may transfer funds from the Trade	41710
Act training and administration account to the benefit account for	41711
the purpose of making any payments directly to claimants for	41712
benefits, job search, relocation, transportation, and subsistence	41713
allowances, as specified by those acts.	41714

Sec. 4301.20. This chapter and Chapter 4303. of the Revised	41715
Code do not prevent the following:	41716

(A) The storage of intoxicating liquor in bonded warehouses,	41717
established in accordance with the acts of congress and under the	41718
regulation of the United States, located in this state, or the	41719
transportation of intoxicating liquor to or from bonded warehouses	41720
of the United States wherever located;	41721

(B) A bona fide resident of this state who is the owner of a	41722
warehouse receipt from obtaining or transporting to the resident's	41723
residence for the resident's own consumption and not for resale	41724
spirituous liquor stored in a government bonded warehouse in this	41725
state or in another state prior to December 1933, subject to such	41726
terms as are prescribed by the division of liquor control;	41727

(C) The manufacture of cider from fruit for the purpose of	41728
making vinegar, and nonintoxicating cider and fruit juices for use	41729
and sale;	41730

(D) A licensed physician or dentist from administering or	41731
dispensing intoxicating liquor or alcohol to a patient in good	41732
faith in the actual course of the practice of the physician's or	41733
dentist's profession;	41734

(E) The sale of alcohol to physicians, dentists, druggists,	41735
veterinary surgeons, manufacturers, hospitals, infirmaries, or	41736
medical or educational institutions using the alcohol for	41737
medicinal, mechanical, chemical, or scientific purposes;	41738

(F) The sale, gift, or keeping for sale by druggists and	41739
others of any of the medicinal preparations manufactured in	41740
accordance with the formulas prescribed by the United States	41741
Pharmacopoeia and National Formulary, patent or proprietary	41742
preparations, and other bona fide medicinal and technical	41743
preparations, which contain no more alcohol than is necessary to	41744
hold the medicinal agents in solution and to preserve the same,	41745
which are manufactured and sold as medicine and not as beverages,	41746
are unfit for use for beverage purposes, and the sale of which	41747
does not require the payment of a United States liquor dealer's	41748
tax;	41749

(G) The manufacture and sale of tinctures or of toilet,	41750
medicinal, and antiseptic preparations and solutions not intended	41751
for internal human use nor to be sold as beverages, and which are	41752
unfit for beverage purposes, if upon the outside of each bottle,	41753
box, or package of which there is printed in the English language,	41754
conspicuously and legibly, the quantity by volume of alcohol in	41755
the preparation or solution;	41756

(H) The manufacture and keeping for sale of the food products	41757
known as flavoring extracts when manufactured and sold for	41758
cooking, culinary, or flavoring purposes, and which are unfit for	41759
use for beverage purposes;	41760

(I) The lawful sale of wood alcohol or of ethyl alcohol for	41761
external use when combined with other substances as to make it	41762
unfit for internal use;	41763

(J) The manufacture, sale, and transport of ethanol or ethyl	41764
alcohol for use as fuel. As used in this division, "ethanol" has	41765
the same meaning as in section 5733.46 of the Revised Code.	41766

(K) The purchase and importation into this state of	41767
intoxicating liquor for use in manufacturing processes of	41768
nonbeverage food products under terms prescribed by the division,	41769
provided that the terms prescribed by the division shall not	41770
increase the cost of the intoxicating liquor to any person, firm,	41771
or corporation purchasing and importing it into this state for	41772
that use;	41773

~~(K)~~(L) Any resident of this state or any member of the armed	41774
forces of the United States, who has attained the age of	41775
twenty-one years, from bringing into this state, for personal use	41776
and not for resale, not more than one liter of spirituous liquor	41777
in any thirty-day period, and the same is free of any tax consent	41778
fee when the resident or member of the armed forces physically	41779
possesses and accompanies the spirituous liquor on returning from	41780
a foreign country, another state, or an insular possession of the	41781
United States;	41782

~~(L)~~(M) Persons, at least twenty-one years of age, who collect	41783
ceramic commemorative bottles containing spirituous liquor ~~which~~	41784
that have unbroken federal tax stamps on them from selling or	41785
trading the bottles to other collectors. The bottles ~~must~~shall	41786
originally have been purchased at retail from the division,	41787
legally imported under division ~~(K)~~(L) of this section, or legally	41788
imported pursuant to a supplier registration issued by the	41789
division. The sales shall be for the purpose of exchanging a	41790
ceramic commemorative bottle between private collectors and shall	41791
not be for the purpose of selling the spirituous liquor for	41792
personal consumption. The sale or exchange authorized by this	41793
division shall not occur on the premises of any permit holder,	41794
shall not be made in connection with the business of any permit	41795
holder, and shall not be made in connection with any mercantile	41796
business.	41797

Sec. 4301.24. Except as provided in section 4301.242 of the	41798
Revised Code, no manufacturer shall aid or assist the holder of	41799
any permit for sale at wholesale, and no manufacturer or wholesale	41800
distributor shall aid or assist the holder of any permit for sale	41801
at retail, by gift or loan of any money or property of any	41802
description or other valuable thing, or by giving premiums or	41803
rebates. Except as provided in section 4301.242 of the Revised	41804
Code, no holder of any such permit shall accept the same, provided	41805
that the manufacturer or wholesale distributor may furnish to a	41806
retail permittee the inside signs or advertising and the tap signs	41807
or devices authorized by divisions (E) and (F) of section 4301.22	41808
of the Revised Code.	41809

No manufacturer shall have any financial interest, directly	41810
or indirectly, by stock ownership, or through interlocking	41811
directors in a corporation, or otherwise, in the establishment,	41812
maintenance, or promotion in the business of any wholesale	41813
distributor. No retail permit holder shall have any interest,	41814
directly or indirectly, in the operation of, or any ownership in,	41815
the business of any wholesale distributor or manufacturer.	41816

No manufacturer shall, except as authorized by section	41817
4303.021 of the Revised Code, have any financial interest,	41818
directly or indirectly, by stock ownership, or through	41819
interlocking directors in a corporation, or otherwise, in the	41820
establishment, maintenance, or promotion of the business of any	41821
retail dealer. No wholesale distributor or employee of a wholesale	41822
distributor shall have any financial interest, directly or	41823
indirectly, by stock ownership, interlocking directors in a	41824
corporation, or otherwise, in the establishment, maintenance, or	41825
promotion of the business of any retail dealer. No manufacturer or	41826
wholesale distributor or any stockholder of a manufacturer or	41827
wholesale distributor shall acquire, by ownership in fee,	41828
leasehold, mortgage, or otherwise, directly or indirectly, any	41829
interest in the premises on which the business of any other person	41830
engaged in the business of trafficking in beer or intoxicating	41831
liquor is conducted. All contracts, covenants, conditions, and	41832
limitations whereby any person engaged or proposing to engage in	41833
the sale of beer or intoxicating liquors promises to confine the	41834
person's sales of a particular kind or quality of beer or	41835
intoxicating liquor to one or more products, or the products of a	41836
specified manufacturer or wholesale distributor, or to give	41837
preference to those products, shall to the extent of that promise	41838
be void. The making of a promise in any such form shall be cause	41839
for the revocation or suspension of any permit issued to any	41840
party. This section does not prevent the holder of an A permit	41841
from securing and holding a wholesale distributor's permit or	41842
permits and operating as a wholesale distributor.	41843

No manufacturer shall sell or offer to sell to any wholesale	41844
distributor or retail permit holder, no wholesale distributor	41845
shall sell or offer to sell to any retail permit holder, and no	41846
wholesale distributor or retail permit holder shall purchase or	41847
receive from any manufacturer or wholesale distributor, any beer,	41848
brewed beverages, or wine manufactured in the United States except	41849
for cash. No right of action shall exist to collect any claims for	41850
credit extended contrary to this section. This section does not	41851
prohibit a licensee from crediting to a purchaser the actual	41852
prices charged for packages or containers returned by the original	41853
purchaser as a credit on any sale or from refunding to any	41854
purchaser the amount paid by that purchaser for containers or as a	41855
deposit on containers when title is retained by the vendor, if	41856
those containers or packages have been returned to the	41857
manufacturer or distributor. This section does not prohibit a	41858
manufacturer from extending usual and customary credit for beer,	41859
brewed beverages, or wine manufactured in the United States and	41860
sold to customers who live or maintain places of business outside	41861
this state when the beverages so sold are actually transported and	41862
delivered to points outside this state. No wholesale or retail	41863
permit shall be issued to an applicant unless the applicant has	41864
paid in full all accounts for beer or wine, manufactured in the	41865
United States, outstanding as of September 6, 1939. No beer or	41866
wine manufactured in the United States shall be imported into the	41867
state unless the beer or wine has been paid for in cash, and no	41868
supplier registration for any such beer or wine manufactured in	41869
the United States shall be issued by the division of liquor	41870
control until the A-2, B-1, or B-5 permit holder establishes to	41871
the satisfaction of the division that the beer or wine has been	41872
paid for in cash.	41873

This section does not prevent a manufacturer from securing	41874
and holding any financial interest, directly or indirectly, by	41875
stock ownership or through interlocking directors in a	41876
corporation, or otherwise, in the establishment, maintenance, or	41877
promotion of the business or premises of any C or D permit holder,	41878
provided that the following conditions are met:	41879

(A) Either the manufacturer or one of its parent companies is	41880
listed on a national securities exchange.	41881

(B) All purchases of alcoholic beverages by the C or D permit	41882
holder are made from wholesale distributors in this state or	41883
agency stores licensed by the division of liquor control.	41884

(C) If the C or D permit holder sells brands of alcoholic	41885
beverages that are produced or distributed by the manufacturer	41886
that holds the financial interest, the C or D permit holder also	41887
sells other competing brands of alcoholic beverages produced by	41888
other manufacturers, no preference is given to the products of the	41889
manufacturer, and there is no exclusion, in whole or in part, of	41890
products sold or offered for sale by other manufacturers,	41891
suppliers, or importers of alcoholic beverages that constitutes a	41892
substantial impairment of commerce.	41893

(D) The primary purpose of the C or D permit premises is a	41894
purpose other than to sell alcoholic beverages, and the sale of	41895
other goods and services exceeds fifty per cent of the total gross	41896
receipts of the C or D permit holder at its premises.	41897

This section does not prevent a manufacturer from giving	41898
financial assistance to the holder of a B permit for the purpose	41899
of the holder purchasing an ownership interest in the business,	41900
existing inventory and equipment, or property of another B permit	41901
holder, including, but not limited to, participation in a limited	41902
liability partnership, limited liability company, or any other	41903
legal entity authorized to do business in this state. This section	41904
does not permit a manufacturer to give financial assistance to the	41905
holder of a B permit to purchase inventory or equipment used in	41906
the daily operation of a B permit holder.	41907

This section does not prevent a manufacturer from securing	41908
and holding a B-2a permit or permits and operating as a wholesale	41909
distributor.	41910

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	41911
the Revised Code:	41912

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	41913
fluid ounces.	41914

(2) "Sale" or "sell" includes exchange, barter, gift,	41915
distribution, and, except with respect to A-4 permit holders,	41916
offer for sale.	41917

(B) For the purposes of providing revenues for the support of	41918
the state and encouraging the grape industries in the state, a tax	41919
is hereby levied on the sale or distribution of wine in Ohio,	41920
except for known sacramental purposes, at the rate of thirty cents	41921
per wine gallon for wine containing not less than four per cent of	41922
alcohol by volume and not more than fourteen per cent of alcohol	41923
by volume, ninety-eight cents per wine gallon for wine containing	41924
more than fourteen per cent but not more than twenty-one per cent	41925
of alcohol by volume, one dollar and eight cents per wine gallon	41926
for vermouth, and one dollar and forty-eight cents per wine gallon	41927
for sparkling and carbonated wine and champagne, the tax to be	41928
paid by the holders of A-2 and B-5 permits or by any other person	41929
selling or distributing wine upon which no tax has been paid. From	41930
the tax paid under this section on wine, vermouth, and sparkling	41931
and carbonated wine and champagne, the treasurer of state shall	41932
credit to the Ohio grape industries fund created under section	41933
924.54 of the Revised Code a sum equal to one cent per gallon for	41934
each gallon upon which the tax is paid.	41935

(C) For the purpose of providing revenues for the support of	41936
the state, there is hereby levied a tax on prepared and bottled	41937
highballs, cocktails, cordials, and other mixed beverages at the	41938
rate of one dollar and twenty cents per wine gallon to be paid by	41939
holders of A-4 permits or by any other person selling or	41940
distributing those products upon which no tax has been paid. Only	41941
one sale of the same article shall be used in computing the amount	41942
of tax due. The tax on mixed beverages to be paid by holders of	41943
A-4 permits under this section shall not attach until the	41944
ownership of the mixed beverage is transferred for valuable	41945
consideration to a wholesaler or retailer, and no payment of the	41946
tax shall be required prior to that time.	41947

(D) During the period of July 1, ~~2005~~2007, through June 30,	41948
~~2007~~2009, from the tax paid under this section on wine, vermouth,	41949
and sparkling and carbonated wine and champagne, the treasurer of	41950
state shall credit to the Ohio grape industries fund created under	41951
section 924.54 of the Revised Code a sum equal to two cents per	41952
gallon upon which the tax is paid. The amount credited under this	41953
division is in addition to the amount credited to the Ohio grape	41954
industries fund under division (B) of this section.	41955

(E) For the purpose of providing revenues for the support of	41956
the state, there is hereby levied a tax on cider at the rate of	41957
twenty-four cents per wine gallon to be paid by the holders of A-2	41958
and B-5 permits or by any other person selling or distributing	41959
cider upon which no tax has been paid. Only one sale of the same	41960
article shall be used in computing the amount of the tax due.	41961

Sec. 4303.03. Permit A-2 may be issued to a manufacturer to	41962
manufacture wine from grapes or other fruits; to import and	41963
purchase wine in bond for blending purposes, the total amount of	41964
wine so imported during the year covered by the permit not to	41965
exceed forty per cent of all the wine manufactured and imported;	41966
to manufacture, purchase, and import brandy for fortifying	41967
purposes; and to sell those products either in glass or container	41968
for consumption on the premises where manufactured~~, for home use~~,	41969
in sealed containers for consumption off the premises where	41970
manufactured, and to ~~retail and~~ wholesale permit holders under the	41971
rules adopted by the division of liquor control.	41972

The fee for this permit is ~~one hundred twenty-six~~seventy-six	41973
dollars for each plant to which this permit is issued.	41974

Sec. 4303.071. (A)(1) Except as otherwise provided in	41975
division (A)(2) of this section, permit B-2a may be issued to a	41976
person that manufactures wine, is the brand owner or United States	41977
importer of wine, or is the designated agent of a brand owner or	41978
importer for all wine sold in this state for that owner or	41979
importer. If the person resides outside this state, the person	41980
shall comply with the requirements governing the issuance of	41981
licenses or permits that authorize the sale of intoxicating liquor	41982
by the appropriate authority of the state in which the person	41983
resides or by the tax and trade bureau in the United States	41984
department of the treasury.	41985

(2) A B-2a permit shall only be issued to a manufacturer of	41986
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and	41987
that produces less than one hundred fifty thousand gallons of wine	41988
per year.	41989

(3) The fee for the B-2a permit is twenty-five dollars.

41990

(4) The holder of a B-2a permit may sell wine to a retail	41991
permit holder, but a B-2a permit holder that is a wine	41992
manufacturer may sell to a retail permit holder only wine that the	41993
B-2a permit holder has manufactured.	41994

(5) The holder of a B-2a permit shall renew the permit in	41995
accordance with section 4303.271 of the Revised Code, except that	41996
renewal shall not be subject to the notice and hearing	41997
requirements established in division (B) of that section.	41998

(B) The holder of a B-2a permit shall collect and pay all	41999
applicable taxes relating to the delivery of a wine to a retailer	42000
including, but not limited to, taxes levied under sections	42001
4301.421 and 4301.43 and Chapters 5739. and 5741. of the Revised	42002
Code.	42003

(C) The holder of a B-2a permit shall comply with this	42004
chapter, Chapter 4301. of the Revised Code, and any rules adopted	42005
by the liquor control commission under section 4301.03 of the	42006
Revised Code.	42007

Sec. 4303.232. (A)(1) Except as provided in division (A)(2)	42008
of this section, permit S may be issued to a person that	42009
manufactures wine, is the brand owner or United States importer of	42010
wine, or is the designated agent of a brand owner or importer for	42011
all wine sold in this state for that owner or importer. If the	42012
person resides outside this state, the person shall comply with	42013
the requirements governing the issuance of licenses or permits	42014
that authorize the sale of intoxicating liquor by the appropriate	42015
authority of the state in which the person resides or by the tax	42016
and trade bureau of the United States department of the treasury.	42017

(2) An S permit shall only be issued to a manufacturer of	42018
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and	42019
that produces less than one hundred fifty thousand gallons of wine	42020
per year.	42021

(3) The fee for the S permit is twenty-five dollars.

42022

(4) The holder of an S permit may sell wine to a personal	42023
consumer by receiving and filling orders that the personal	42024
consumer submits to the permit holder. The permit holder shall	42025
sell only wine that the permit holder has manufactured to a	42026
personal consumer.	42027

(5) The holder of an S permit shall renew the permit in	42028
accordance with section 4303.271 of the Revised Code, except that	42029
the renewal shall not be subject to the notice and hearing	42030
requirements established in division (B) of that section.	42031

(6) The division of liquor control may refuse to renew an S	42032
permit for any of the reasons specified in section 4303.292 of the	42033
Revised Code or if the holder of the permit fails to do any of the	42034
following:	42035

(a) Collect and pay all applicable taxes specified in	42036
division (B) of this section;	42037

(b) Pay the permit fee;

42038

(c) Comply with this section or any rules adopted by the	42039
liquor control commission under section 4301.03 of the Revised	42040
Code.	42041

(B) The holder of an S permit shall collect and pay all	42042
applicable taxes relating to the delivery of wine to a personal	42043
consumer, including, but not limited to, taxes levied under	42044
sections 4301.421 and 4301.43 and Chapters 5739. and 5741. of the	42045
Revised Code.	42046

(C)(1) The holder of an S permit shall send a shipment of	42047
wine that has been paid for by a personal consumer to that	42048
personal consumer via the holder of an H permit. Prior to sending	42049
a shipment of wine to a personal consumer, the holder of an S	42050
permit, or an employee of the permit holder, shall make a bona	42051
fide effort to ensure that the personal consumer is at least	42052
twenty-one years of age. The shipment of wine shall be shipped in	42053
a package that clearly has written on it in bold print the words	42054
"alcohol enclosed." No person shall fail to comply with division	42055
(C)(1) of this section.	42056

(2) Upon delivering a shipment of wine to a personal	42057
consumer, the holder of the H permit, or an employee of the permit	42058
holder, shall verify that the personal consumer is at least	42059
twenty-one years of age by checking the personal consumer's	42060
driver's or commercial driver's license or identification card	42061
issued under sections 4507.50 to 4507.52 of the Revised Code.	42062

(3) The holder of an S permit shall keep a record of each	42063
shipment of wine that the permit holder sends to a personal	42064
consumer. The records shall be used for all of the following:	42065

(a) To provide a copy of each wine shipment invoice to the	42066
tax commissioner in a manner prescribed by the commissioner. The	42067
invoice shall include the name of each personal consumer that	42068
purchased wine from the S permit holder in accordance with this	42069
section and any other information required by the tax	42070
commissioner.	42071

(b) To provide annually in electronic format by electronic	42072
means a report to the division. The report shall include the name	42073
and address of each personal consumer that purchased wine from the	42074
S permit holder in accordance with this section, the quantity of	42075
wine purchased by each personal consumer, and any other	42076
information requested by the division. The division shall	42077
prescribe and provide an electronic form for the report and shall	42078
determine the specific electronic means that the S permit holder	42079
must use to submit the report.	42080

(c) To notify a personal consumer of any health or welfare	42081
recalls of the wine that has been purchased by the personal	42082
consumer.	42083

(D) As used in this section, "personal consumer" means an	42084
individual who is at least twenty-one years of age, is a resident	42085
of this state, does not hold a permit issued under this chapter,	42086
and intends to use wine purchased in accordance with this section	42087
for personal consumption only and not for resale or other	42088
commercial purposes.	42089

Sec. 4303.233. No family household shall purchase more than	42090
twenty-four cases of nine-liter bottles of wine in one year.	42091

Sec. 4503.06. (A) The owner of each manufactured or mobile	42092
home that has acquired situs in this state shall pay either a real	42093
property tax pursuant to Title LVII of the Revised Code or a	42094
manufactured home tax pursuant to division (C) of this section.	42095

(B) The owner of a manufactured or mobile home shall pay real	42096
property taxes if either of the following applies:	42097

(1) The manufactured or mobile home acquired situs in the	42098
state or ownership in the home was transferred on or after January	42099
1, 2000, and all of the following apply:	42100

(a) The home is affixed to a permanent foundation as defined	42101
in division (C)(5) of section 3781.06 of the Revised Code.	42102

(b) The home is located on land that is owned by the owner of	42103
the home.	42104

(c) The certificate of title has been inactivated by the	42105
clerk of the court of common pleas that issued it, pursuant to	42106
division (H) of section 4505.11 of the Revised Code.	42107

(2) The manufactured or mobile home acquired situs in the	42108
state or ownership in the home was transferred before January 1,	42109
2000, and all of the following apply:	42110

(a) The home is affixed to a permanent foundation as defined	42111
in division (C)(5) of section 3781.06 of the Revised Code.	42112

(b) The home is located on land that is owned by the owner of	42113
the home.	42114

(c) The owner of the home has elected to have the home taxed	42115
as real property and, pursuant to section 4505.11 of the Revised	42116
Code, has surrendered the certificate of title to the auditor of	42117
the county containing the taxing district in which the home has	42118
its situs, together with proof that all taxes have been paid.	42119

(d) The county auditor has placed the home on the real	42120
property tax list and delivered the certificate of title to the	42121
clerk of the court of common pleas that issued it and the clerk	42122
has inactivated the certificate.	42123

(C)(1) Any mobile or manufactured home that is not taxed as	42124
real property as provided in division (B) of this section is	42125
subject to an annual manufactured home tax, payable by the owner,	42126
for locating the home in this state. The tax as levied in this	42127
section is for the purpose of supplementing the general revenue	42128
funds of the local subdivisions in which the home has its situs	42129
pursuant to this section.	42130

(2) The year for which the manufactured home tax is levied	42131
commences on the first day of January and ends on the following	42132
thirty-first day of December. The state shall have the first lien	42133
on any manufactured or mobile home on the list for the amount of	42134
taxes, penalties, and interest charged against the owner of the	42135
home under this section. The lien of the state for the tax for a	42136
year shall attach on the first day of January to a home that has	42137
acquired situs on that date. The lien for a home that has not	42138
acquired situs on the first day of January, but that acquires	42139
situs during the year, shall attach on the next first day of	42140
January. The lien shall continue until the tax, including any	42141
penalty or interest, is paid.	42142

(3)(a) The situs of a manufactured or mobile home located in	42143
this state on the first day of January is the local taxing	42144
district in which the home is located on that date.	42145

(b) The situs of a manufactured or mobile home not located in	42146
this state on the first day of January, but located in this state	42147
subsequent to that date, is the local taxing district in which the	42148
home is located thirty days after it is acquired or first enters	42149
this state.	42150

(4) The tax is collected by and paid to the county treasurer	42151
of the county containing the taxing district in which the home has	42152
its situs.	42153

(D) The manufactured home tax shall be computed and assessed	42154
by the county auditor of the county containing the taxing district	42155
in which the home has its situs as follows:	42156

(1) On a home that acquired situs in this state prior to	42157
January 1, 2000:	42158

(a) By multiplying the assessable value of the home by the	42159
tax rate of the taxing district in which the home has its situs,	42160
and deducting from the product thus obtained any reduction	42161
authorized under section 4503.065 of the Revised Code. The tax	42162
levied under this formula shall not be less than thirty-six	42163
dollars, unless the home qualifies for a reduction in assessable	42164
value under section 4503.065 of the Revised Code, in which case	42165
there shall be no minimum tax and the tax shall be the amount	42166
calculated under this division.	42167

(b) The assessable value of the home shall be forty per cent	42168
of the amount arrived at by the following computation:	42169

(i) If the cost to the owner, or market value at time of	42170
purchase, whichever is greater, of the home includes the	42171
furnishings and equipment, such cost or market value shall be	42172
multiplied according to the following schedule:	42173

For the first calendar year			42174
in which the			42175
home is owned by the			42176
current owner	x	80%	42177
2nd calendar year	x	75%	42178
3rd "	x	70%	42179
4th "	x	65%	42180
5th "	x	60%	42181
6th "	x	55%	42182
7th "	x	50%	42183
8th "	x	45%	42184
9th "	x	40%	42185
10th and each year thereafter	x	35%	42186

The first calendar year means any period between the first	42187
day of January and the thirty-first day of December of the first	42188
year.	42189

(ii) If the cost to the owner, or market value at the time of	42190
purchase, whichever is greater, of the home does not include the	42191
furnishings and equipment, such cost or market value shall be	42192
multiplied according to the following schedule:	42193

For the first calendar year			42194
in which the			42195
home is owned by the			42196
current owner	x	95%	42197
2nd calendar year	x	90%	42198
3rd "	x	85%	42199
4th "	x	80%	42200
5th "	x	75%	42201
6th "	x	70%	42202
7th "	x	65%	42203
8th "	x	60%	42204
9th "	x	55%	42205
10th and each year thereafter	x	50%	42206

The first calendar year means any period between the first	42207
day of January and the thirty-first day of December of the first	42208
year.	42209

(2) On a home in which ownership was transferred or that	42210
first acquired situs in this state on or after January 1, 2000:	42211

(a) By multiplying the assessable value of the home by the	42212
effective tax rate, as defined in section 323.08 of the Revised	42213
Code, for residential real property of the taxing district in	42214
which the home has its situs, and deducting from the product thus	42215
obtained the reductions required or authorized under section	42216
319.302, division (B) of section 323.152, or section 4503.065 of	42217
the Revised Code.	42218

(b) The assessable value of the home shall be thirty-five per	42219
cent of its true value as determined under division (L) of this	42220
section.	42221

(3) On or before the fifteenth day of January each year, the	42222
county auditor shall record the assessable value and the amount of	42223
tax on the manufactured or mobile home on the tax list and deliver	42224
a duplicate of the list to the county treasurer. In the case of an	42225
emergency as defined in section 323.17 of the Revised Code, the	42226
tax commissioner, by journal entry, may extend the times for	42227
delivery of the duplicate for an additional fifteen days upon	42228
receiving a written application from the county auditor regarding	42229
an extension for the delivery of the duplicate, or from the county	42230
treasurer regarding an extension of the time for the billing and	42231
collection of taxes. The application shall contain a statement	42232
describing the emergency that will cause the unavoidable delay and	42233
must be received by the tax commissioner on or before the last day	42234
of the month preceding the day delivery of the duplicate is	42235
otherwise required. When an extension is granted for delivery of	42236
the duplicate, the time period for payment of taxes shall be	42237
extended for a like period of time. When a delay in the closing of	42238
a tax collection period becomes unavoidable, the tax commissioner,	42239
upon application by the county auditor and county treasurer, may	42240
order the time for payment of taxes to be extended if the tax	42241
commissioner determines that penalties have accrued or would	42242
otherwise accrue for reasons beyond the control of the taxpayers	42243
of the county. The order shall prescribe the final extended date	42244
for payment of taxes for that collection period.	42245

(4) After January 1, 1999, the owner of a manufactured or	42246
mobile home taxed pursuant to division (D)(1) of this section may	42247
elect to have the home taxed pursuant to division (D)(2) of this	42248
section by filing a written request with the county auditor of the	42249
taxing district in which the home is located on or before the	42250
first day of December of any year. Upon the filing of the request,	42251
the county auditor shall determine whether all taxes levied under	42252
division (D)(1) of this section have been paid, and if those taxes	42253
have been paid, the county auditor shall tax the manufactured or	42254
mobile home pursuant to division (D)(2) of this section commencing	42255
in the next tax year.	42256

(5) A manufactured or mobile home that acquired situs in this	42257
state prior to January 1, 2000, shall be taxed pursuant to	42258
division (D)(2) of this section if no manufactured home tax had	42259
been paid for the home and the home was not exempted from taxation	42260
pursuant to division (E) of this section for the year for which	42261
the taxes were not paid.	42262

(6)(a) Immediately upon receipt of any manufactured home tax	42263
duplicate from the county auditor, but not less than twenty days	42264
prior to the last date on which the first one-half taxes may be	42265
paid without penalty as prescribed in division (F) of this	42266
section, the county treasurer shall cause to be prepared and	42267
mailed or delivered to each person charged on that duplicate with	42268
taxes, or to an agent designated by such person, the tax bill	42269
prescribed by the tax commissioner under division (D)(7) of this	42270
section. When taxes are paid by installments, the county	42271
treasurer shall mail or deliver to each person charged on such	42272
duplicate or the agent designated by that person a second tax bill	42273
showing the amount due at the time of the second tax collection.	42274
The second half tax bill shall be mailed or delivered at least	42275
twenty days prior to the close of the second half tax collection	42276
period. A change in the mailing address of any tax bill shall be	42277
made in writing to the county treasurer. Failure to receive a bill	42278
required by this section does not excuse failure or delay to pay	42279
any taxes shown on the bill or, except as provided in division	42280
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	42281
interest, or charge for such delay.	42282

(b) After delivery of the copy of the delinquent manufactured	42283
home tax list under division (H) of this section, the county	42284
treasurer may prepare and mail to each person in whose name a home	42285
is listed an additional tax bill showing the total amount of	42286
delinquent taxes charged against the home as shown on the list.	42287
The tax bill shall include a notice that the interest charge	42288
prescribed by division (G) of this section has begun to accrue.	42289

(7) Each tax bill prepared and mailed or delivered under	42290
division (D)(6) of this section shall be in the form and contain	42291
the information required by the tax commissioner. The commissioner	42292
may prescribe different forms for each county and may authorize	42293
the county auditor to make up tax bills and tax receipts to be	42294
used by the county treasurer. The tax bill shall not contain or	42295
be mailed or delivered with any information or material that is	42296
not required by this section or that is not authorized by section	42297
321.45 of the Revised Code or by the tax commissioner. In addition	42298
to the information required by the commissioner, each tax bill	42299
shall contain the following information:	42300

(a) The taxes levied and the taxes charged and payable	42301
against the manufactured or mobile home;	42302

(b) The following notice: "Notice: If the taxes are not paid	42303
within sixty days after the county auditor delivers the delinquent	42304
manufactured home tax list to the county treasurer, you and your	42305
home may be subject to collection proceedings for tax	42306
delinquency." Failure to provide such notice has no effect upon	42307
the validity of any tax judgment to which a home may be subjected.	42308

(c) In the case of manufactured or mobile homes taxed under	42309
division (D)(2) of this section, the following additional	42310
information:	42311

(i) The effective tax rate. The words "effective tax rate"	42312
shall appear in boldface type.	42313

(ii) The following notice: "Notice: If the taxes charged	42314
against this home have been reduced by the 2-1/2 per cent tax	42315
reduction for residences occupied by the owner but the home is not	42316
a residence occupied by the owner, the owner must notify the	42317
county auditor's office not later than March 31 of the year for	42318
which the taxes are due. Failure to do so may result in the owner	42319
being convicted of a fourth degree misdemeanor, which is	42320
punishable by imprisonment up to 30 days, a fine up to $250, or	42321
both, and in the owner having to repay the amount by which the	42322
taxes were erroneously or illegally reduced, plus any interest	42323
that may apply.	42324

If the taxes charged against this home have not been reduced	42325
by the 2-1/2 per cent tax reduction and the home is a residence	42326
occupied by the owner, the home may qualify for the tax reduction.	42327
To obtain an application for the tax reduction or further	42328
information, the owner may contact the county auditor's office at	42329
.......... (insert the address and telephone number of the county	42330
auditor's office)."	42331

(E)(1) A manufactured or mobile home is not subject to this	42332
section when any of the following applies:	42333

(a) It is taxable as personal property pursuant to section	42334
5709.01 of the Revised Code. Any manufactured or mobile home that	42335
is used as a residence shall be subject to this section and shall	42336
not be taxable as personal property pursuant to section 5709.01 of	42337
the Revised Code.	42338

(b) It bears a license plate issued by any state other than	42339
this state unless the home is in this state in excess of an	42340
accumulative period of thirty days in any calendar year.	42341

(c) The annual tax has been paid on the home in this state	42342
for the current year.	42343

(d) The tax commissioner has determined, pursuant to section	42344
5715.27 of the Revised Code, that the property is exempt from	42345
taxation, or would be exempt from taxation under Chapter 5709. of	42346
the Revised Code if it were classified as real property.	42347

(2) A travel trailer or park trailer, as these terms are	42348
defined in section 4501.01 of the Revised Code, is not subject to	42349
this section if it is unused or unoccupied and stored at the	42350
owner's normal place of residence or at a recognized storage	42351
facility.	42352

(3) A travel trailer or park trailer, as these terms are	42353
defined in section 4501.01 of the Revised Code, is subject to this	42354
section and shall be taxed as a manufactured or mobile home if it	42355
has a situs longer than thirty days in one location and is	42356
connected to existing utilities, unless either of the following	42357
applies:	42358

(a) The situs is in a state facility or a camping or park	42359
area as defined in division (C), (Q), (S), or (V) of section	42360
3729.01 of the Revised Code.	42361

(b) The situs is in a camping or park area that is a tract of	42362
land that has been limited to recreational use by deed or zoning	42363
restrictions and subdivided for sale of five or more individual	42364
lots for the express or implied purpose of occupancy by either	42365
self-contained recreational vehicles as defined in division (T) of	42366
section 3729.01 of the Revised Code or by dependent recreational	42367
vehicles as defined in division (D) of section 3729.01 of the	42368
Revised Code.	42369

(F) Except as provided in division (D)(3) of this section,	42370
the manufactured home tax is due and payable as follows:	42371

(1) When a manufactured or mobile home has a situs in this	42372
state, as provided in this section, on the first day of January,	42373
one-half of the amount of the tax is due and payable on or before	42374
the first day of March and the balance is due and payable on or	42375
before the thirty-first day of July. At the option of the owner of	42376
the home, the tax for the entire year may be paid in full on the	42377
first day of March.	42378

(2) When a manufactured or mobile home first acquires a situs	42379
in this state after the first day of January, no tax is due and	42380
payable for that year.	42381

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	42382
of this section, if one-half of the current taxes charged under	42383
this section against a manufactured or mobile home, together with	42384
the full amount of any delinquent taxes, are not paid on or before	42385
the first day of March in that year, or on or before the last day	42386
for such payment as extended pursuant to section 4503.063 of the	42387
Revised Code, a penalty of ten per cent shall be charged against	42388
the unpaid balance of such half of the current taxes. If the total	42389
amount of all such taxes is not paid on or before the thirty-first	42390
day of July, next thereafter, or on or before the last day for	42391
payment as extended pursuant to section 4503.063 of the Revised	42392
Code, a like penalty shall be charged on the balance of the total	42393
amount of the unpaid current taxes.	42394

(b) After a valid delinquent tax contract that includes	42395
unpaid current taxes from a first-half collection period described	42396
in division (F) of this section has been entered into under	42397
section 323.31 of the Revised Code, no ten per cent penalty shall	42398
be charged against such taxes after the second-half collection	42399
period while the delinquent tax contract remains in effect. On the	42400
day a delinquent tax contract becomes void, the ten per cent	42401
penalty shall be charged against such taxes and shall equal the	42402
amount of penalty that would have been charged against unpaid	42403
current taxes outstanding on the date on which the second-half	42404
penalty would have been charged thereon under division (G)(1)(a)	42405
of this section if the contract had not been in effect.	42406

(2)(a) On the first day of the month following the last day	42407
the second installment of taxes may be paid without penalty	42408
beginning in 2000, interest shall be charged against and computed	42409
on all delinquent taxes other than the current taxes that became	42410
delinquent taxes at the close of the last day such second	42411
installment could be paid without penalty. The charge shall be for	42412
interest that accrued during the period that began on the	42413
preceding first day of December and ended on the last day of the	42414
month that included the last date such second installment could be	42415
paid without penalty. The interest shall be computed at the rate	42416
per annum prescribed by section 5703.47 of the Revised Code and	42417
shall be entered as a separate item on the delinquent manufactured	42418
home tax list compiled under division (H) of this section.	42419

(b) On the first day of December beginning in 2000, the	42420
interest shall be charged against and computed on all delinquent	42421
taxes. The charge shall be for interest that accrued during the	42422
period that began on the first day of the month following the last	42423
date prescribed for the payment of the second installment of taxes	42424
in the current year and ended on the immediately preceding last	42425
day of November. The interest shall be computed at the rate per	42426
annum prescribed by section 5703.47 of the Revised Code and shall	42427
be entered as a separate item on the delinquent manufactured home	42428
tax list.	42429

(c) After a valid undertaking has been entered into for the	42430
payment of any delinquent taxes, no interest shall be charged	42431
against such delinquent taxes while the undertaking remains in	42432
effect in compliance with section 323.31 of the Revised Code. If a	42433
valid undertaking becomes void, interest shall be charged against	42434
the delinquent taxes for the periods that interest was not	42435
permitted to be charged while the undertaking was in effect. The	42436
interest shall be charged on the day the undertaking becomes void	42437
and shall equal the amount of interest that would have been	42438
charged against the unpaid delinquent taxes outstanding on the	42439
dates on which interest would have been charged thereon under	42440
divisions (G)(1) and (2) of this section had the undertaking not	42441
been in effect.	42442

(3) If the full amount of the taxes due at either of the	42443
times prescribed by division (F) of this section is paid within	42444
ten days after such time, the county treasurer shall waive the	42445
collection of and the county auditor shall remit one-half of the	42446
penalty provided for in this division for failure to make that	42447
payment by the prescribed time.	42448

(4) The treasurer shall compile and deliver to the county	42449
auditor a list of all tax payments the treasurer has received as	42450
provided in division (G)(3) of this section. The list shall	42451
include any information required by the auditor for the remission	42452
of the penalties waived by the treasurer. The taxes so collected	42453
shall be included in the settlement next succeeding the settlement	42454
then in process.	42455

(H)(1) Beginning in 2000, the county auditor shall compile	42456
annually a "delinquent manufactured home tax list" consisting of	42457
homes the county treasurer's records indicate have taxes that were	42458
not paid within the time prescribed by divisions (D)(3) and (F) of	42459
this section, have taxes that remain unpaid from prior years, or	42460
have unpaid tax penalties or interest that have been assessed.	42461

(2) Within thirty days after the settlement under division	42462
(H)(2) of section 321.24 of the Revised Code beginning in 2000,	42463
the county auditor shall deliver a copy of the delinquent	42464
manufactured home tax list to the county treasurer. The auditor	42465
shall update and publish the delinquent manufactured home tax list	42466
annually in the same manner as delinquent real property tax lists	42467
are published. The county auditor shall apportion the cost of	42468
publishing the list among taxing districts in proportion to the	42469
amount of delinquent manufactured home taxes so published that	42470
each taxing district is entitled to receive upon collection of	42471
those taxes.	42472

(3) When taxes, penalties, or interest are charged against a	42473
person on the delinquent manufactured home tax list and are not	42474
paid within sixty days after the list is delivered to the county	42475
treasurer, the county treasurer shall, in addition to any other	42476
remedy provided by law for the collection of taxes, penalties, and	42477
interest, enforce collection of such taxes, penalties, and	42478
interest by civil action in the name of the treasurer against the	42479
owner for the recovery of the unpaid taxes following the	42480
procedures for the recovery of delinquent real property taxes in	42481
sections 323.25 to 323.28 of the Revised Code. The action may be	42482
brought in municipal or county court, provided the amount charged	42483
does not exceed the monetary limitations for original jurisdiction	42484
for civil actions in those courts.	42485

It is sufficient, having made proper parties to the suit, for	42486
the county treasurer to allege in the treasurer's bill of	42487
particulars or petition that the taxes stand chargeable on the	42488
books of the county treasurer against such person, that they are	42489
due and unpaid, and that such person is indebted in the amount of	42490
taxes appearing to be due the county. The treasurer need not set	42491
forth any other matter relating thereto. If it is found on the	42492
trial of the action that the person is indebted to the state,	42493
judgment shall be rendered in favor of the county treasurer	42494
prosecuting the action. The judgment debtor is not entitled to the	42495
benefit of any law for stay of execution or exemption of property	42496
from levy or sale on execution in the enforcement of the judgment.	42497

Upon the filing of an entry of confirmation of sale or an	42498
order of forfeiture in a proceeding brought under this division,	42499
title to the manufactured or mobile home shall be in the	42500
purchaser. The clerk of courts shall issue a certificate of title	42501
to the purchaser upon presentation of proof of filing of the entry	42502
of confirmation or order and, in the case of a forfeiture,	42503
presentation of the county auditor's certificate of sale.	42504

(I) The total amount of taxes collected shall be distributed	42505
in the following manner: four per cent shall be allowed as	42506
compensation to the county auditor for the county auditor's	42507
service in assessing the taxes; two per cent shall be allowed as	42508
compensation to the county treasurer for the services the county	42509
treasurer renders as a result of the tax levied by this section.	42510
Such amounts shall be paid into the county treasury, to the credit	42511
of the county general revenue fund, on the warrant of the county	42512
auditor. Fees to be paid to the credit of the real estate	42513
assessment fund shall be collected pursuant to division ~~(B)~~(C) of	42514
section 319.54 of the Revised Code and paid into the county	42515
treasury, on the warrant of the county auditor. The balance of the	42516
taxes collected shall be distributed among the taxing subdivisions	42517
of the county in which the taxes are collected and paid in the	42518
same ratio as those taxes were collected for the benefit of the	42519
taxing subdivision. The taxes levied and revenues collected under	42520
this section shall be in lieu of any general property tax and any	42521
tax levied with respect to the privilege of using or occupying a	42522
manufactured or mobile home in this state except as provided in	42523
sections 4503.04 and 5741.02 of the Revised Code.	42524

(J) An agreement to purchase or a bill of sale for a	42525
manufactured home shall show whether or not the furnishings and	42526
equipment are included in the purchase price.	42527

(K) If the county treasurer and the county prosecuting	42528
attorney agree that an item charged on the delinquent manufactured	42529
home tax list is uncollectible, they shall certify that	42530
determination and the reasons to the county board of revision. If	42531
the board determines the amount is uncollectible, it shall certify	42532
its determination to the county auditor, who shall strike the item	42533
from the list.	42534

(L)(1) The county auditor shall appraise at its true value	42535
any manufactured or mobile home in which ownership is transferred	42536
or which first acquires situs in this state on or after January 1,	42537
2000, and any manufactured or mobile home the owner of which has	42538
elected, under division (D)(4) of this section, to have the home	42539
taxed under division (D)(2) of this section. The true value shall	42540
include the value of the home, any additions, and any fixtures,	42541
but not any furnishings in the home. In determining the true value	42542
of a manufactured or mobile home, the auditor shall consider all	42543
facts and circumstances relating to the value of the home,	42544
including its age, its capacity to function as a residence, any	42545
obsolete characteristics, and other factors that may tend to prove	42546
its true value.	42547

(2)(a) If a manufactured or mobile home has been the subject	42548
of an arm's length sale between a willing seller and a willing	42549
buyer within a reasonable length of time prior to the	42550
determination of true value, the county auditor shall consider the	42551
sale price of the home to be the true value for taxation purposes.	42552

(b) The sale price in an arm's length transaction between a	42553
willing seller and a willing buyer shall not be considered the	42554
true value of the home if either of the following occurred after	42555
the sale:	42556

(i) The home has lost value due to a casualty.

42557

(ii) An addition or fixture has been added to the home.

42558

(3) The county auditor shall have each home viewed and	42559
appraised at least once in each six-year period in the same year	42560
in which real property in the county is appraised pursuant to	42561
Chapter 5713. of the Revised Code, and shall update the appraised	42562
values in the third calendar year following the appraisal. The	42563
person viewing or appraising a home may enter the home to	42564
determine by actual view any additions or fixtures that have been	42565
added since the last appraisal. In conducting the appraisals and	42566
establishing the true value, the auditor shall follow the	42567
procedures set forth for appraising real property in sections	42568
5713.01 and 5713.03 of the Revised Code.	42569

(4) The county auditor shall place the true value of each	42570
home on the manufactured home tax list upon completion of an	42571
appraisal.	42572

(5)(a) If the county auditor changes the true value of a	42573
home, the auditor shall notify the owner of the home in writing,	42574
delivered by mail or in person. The notice shall be given at least	42575
thirty days prior to the issuance of any tax bill that reflects	42576
the change. Failure to receive the notice does not invalidate any	42577
proceeding under this section.	42578

(b) Any owner of a home or any other person or party listed	42579
in division (A)(1) of section 5715.19 of the Revised Code may file	42580
a complaint against the true value of the home as appraised under	42581
this section. The complaint shall be filed with the county auditor	42582
on or before the thirty-first day of March of the current tax year	42583
or the date of closing of the collection for the first half of	42584
manufactured home taxes for the current tax year, whichever is	42585
later. The auditor shall present to the county board of revision	42586
all complaints filed with the auditor under this section. The	42587
board shall hear and investigate the complaint and may take action	42588
on it as provided under sections 5715.11 to 5715.19 of the Revised	42589
Code.	42590

(c) If the county board of revision determines, pursuant to a	42591
complaint against the valuation of a manufactured or mobile home	42592
filed under this section, that the amount of taxes, assessments,	42593
or other charges paid was in excess of the amount due based on the	42594
valuation as finally determined, then the overpayment shall be	42595
refunded in the manner prescribed in section 5715.22 of the	42596
Revised Code.	42597

(d) Payment of all or part of a tax under this section for	42598
any year for which a complaint is pending before the county board	42599
of revision does not abate the complaint or in any way affect the	42600
hearing and determination thereof.	42601

(M) If the county auditor determines that any tax or other	42602
charge or any part thereof has been erroneously charged as a	42603
result of a clerical error as defined in section 319.35 of the	42604
Revised Code, the county auditor shall call the attention of the	42605
county board of revision to the erroneous charges. If the board	42606
finds that the taxes or other charges have been erroneously	42607
charged or collected, it shall certify the finding to the auditor.	42608
Upon receipt of the certification, the auditor shall remove the	42609
erroneous charges on the manufactured home tax list or delinquent	42610
manufactured home tax list in the same manner as is prescribed in	42611
section 319.35 of the Revised Code for erroneous charges against	42612
real property, and refund any erroneous charges that have been	42613
collected, with interest, in the same manner as is prescribed in	42614
section 319.36 of the Revised Code for erroneous charges against	42615
real property.	42616

(N) As used in this section and section 4503.061 of the	42617
Revised Code:	42618

(1) "Manufactured home taxes" includes taxes, penalties, and	42619
interest charged under division (C) or (G) of this section and any	42620
penalties charged under division (G) or (H)(5) of section 4503.061	42621
of the Revised Code.	42622

(2) "Current taxes" means all manufactured home taxes charged	42623
against a manufactured or mobile home that have not appeared on	42624
the manufactured home tax list for any prior year. Current taxes	42625
become delinquent taxes if they remain unpaid after the last day	42626
prescribed for payment of the second installment of current taxes	42627
without penalty, whether or not they have been certified	42628
delinquent.	42629

(3) "Delinquent taxes" means:

42630

(a) Any manufactured home taxes that were charged against a	42631
manufactured or mobile home for a prior year, including any	42632
penalties or interest charged for a prior year, and that remain	42633
unpaid;	42634

(b) Any current manufactured home taxes charged against a	42635
manufactured or mobile home that remain unpaid after the last day	42636
prescribed for payment of the second installment of current taxes	42637
without penalty, whether or not they have been certified	42638
delinquent, including any penalties or interest.	42639

Sec. 4503.061. (A) All manufactured and mobile homes shall	42640
be listed on either the real property tax list or the manufactured	42641
home tax list of the county in which the home has situs. Each	42642
owner shall follow the procedures in this section to identify the	42643
home to the county auditor of the county containing the taxing	42644
district in which the home has situs so that the auditor may place	42645
the home on the appropriate tax list.	42646

(B) When a manufactured or mobile home first acquires situs	42647
in this state and is subject to real property taxation pursuant to	42648
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	42649
owner shall present to the auditor of the county containing the	42650
taxing district in which the home has its situs the certificate of	42651
title for the home, together with proof that all taxes due have	42652
been paid and proof that a relocation notice was obtained for the	42653
home if required under this section. Upon receiving the	42654
certificate of title and the required proofs, the auditor shall	42655
place the home on the real property tax list and proceed to treat	42656
the home as other properties on that list. After the auditor has	42657
placed the home on the tax list of real and public utility	42658
property, the auditor shall deliver the certificate of title to	42659
the clerk of the court of common pleas that issued it pursuant to	42660
section 4505.11 of the Revised Code, and the clerk shall	42661
inactivate the certificate of title.	42662

(C)(1) When a manufactured or mobile home subject to a	42663
manufactured home tax is relocated to or first acquires situs in	42664
any county that has adopted a permanent manufactured home	42665
registration system, as provided in division (F) of this section,	42666
the owner, within thirty days after the home is relocated or first	42667
acquires situs under section 4503.06 of the Revised Code, shall	42668
register the home with the county auditor of the county containing	42669
the taxing district in which the home has its situs. For the first	42670
registration in each county of situs, the owner or vendee in	42671
possession shall present to the county auditor an Ohio certificate	42672
of title, certified copy of the certificate of title, or	42673
memorandum certificate of title as such are required by law, and	42674
proof, as required by the county auditor, that the home, if it has	42675
previously been occupied and is being relocated, has been	42676
previously registered, that all taxes due and required to be paid	42677
under division (H)(1) of this section before a relocation notice	42678
may be issued have been paid, and that a relocation notice was	42679
obtained for the home if required by division (H) of this section.	42680
If the owner or vendee does not possess the Ohio certificate of	42681
title, certified copy of the certificate of title, or memorandum	42682
certificate of title at the time the owner or vendee first	42683
registers the home in a county, the county auditor shall register	42684
the home without presentation of the document, but the owner or	42685
vendee shall present the certificate of title, certified copy of	42686
the certificate of title, or memorandum certificate of title to	42687
the county auditor within fourteen days after the owner or vendee	42688
obtains possession of the document.	42689

(2) When a manufactured or mobile home is registered for the	42690
first time in a county and when the total tax due has been paid as	42691
required by division (F) of section 4503.06 of the Revised Code or	42692
divisions (E) and (H) of this section, the county treasurer shall	42693
note by writing or by a stamp on the certificate of title,	42694
certified copy of certificate of title, or memorandum certificate	42695
of title that the home has been registered and that the taxes due,	42696
if any, have been paid for the preceding five years and for the	42697
current year. The treasurer shall then issue a certificate	42698
evidencing registration and a decal to be displayed on the street	42699
side of the home. The certificate is valid in any county in this	42700
state during the year for which it is issued.	42701

(3) For each year thereafter, the county treasurer shall	42702
issue a tax bill stating the amount of tax due under section	42703
4503.06 of the Revised Code, as provided in division (D)(6) of	42704
that section. When the total tax due has been paid as required by	42705
division (F) of that section, the county treasurer shall issue a	42706
certificate evidencing registration that shall be valid in any	42707
county in this state during the year for which the certificate is	42708
issued.	42709

(4) The permanent decal issued under this division is valid	42710
during the period of ownership, except that when a manufactured	42711
home is relocated in another county the owner shall apply for a	42712
new registration as required by this section and section 4503.06	42713
of the Revised Code.	42714

(D)(1) All owners of manufactured or mobile homes subject to	42715
the manufactured home tax being relocated to or having situs in a	42716
county that has not adopted a permanent registration system, as	42717
provided in division (F) of this section, shall register the home	42718
within thirty days after the home is relocated or first acquires	42719
situs under section 4503.06 of the Revised Code and thereafter	42720
shall annually register the home with the county auditor of the	42721
county containing the taxing district in which the home has its	42722
situs.	42723

(2) Upon the annual registration, the county treasurer shall	42724
issue a tax bill stating the amount of annual manufactured home	42725
tax due under section 4503.06 of the Revised Code, as provided in	42726
division (D)(6) of that section. When a manufactured or mobile	42727
home is registered and when the tax for the current one-half year	42728
has been paid as required by division (F) of that section, the	42729
county treasurer shall issue a certificate evidencing registration	42730
and a decal. The certificate and decal are valid in any county in	42731
this state during the year for which they are issued. The decal	42732
shall be displayed on the street side of the home.	42733

(3) For the first annual registration in each county of	42734
situs, the county auditor shall require the owner or vendee to	42735
present an Ohio certificate of title, certified copy of the	42736
certificate of title, or memorandum certificate of title as such	42737
are required by law, and proof, as required by the county auditor,	42738
that the manufactured or mobile home has been previously	42739
registered, if such registration was required, that all taxes due	42740
and required to be paid under division (H)(1) of this section	42741
before a relocation notice may be issued have been paid, and that	42742
a relocation notice was obtained for the home if required by	42743
division (H) of this section. If the owner or vendee does not	42744
possess the Ohio certificate of title, certified copy of the	42745
certificate of title, or memorandum certificate of title at the	42746
time the owner or vendee first registers the home in a county, the	42747
county auditor shall register the home without presentation of the	42748
document, but the owner or vendee shall present the certificate of	42749
title, certified copy of the certificate of title, or memorandum	42750
certificate of title to the county auditor within fourteen days	42751
after the owner or vendee obtains possession of the document. When	42752
the county treasurer receives the tax payment, the county	42753
treasurer shall note by writing or by a stamp on the certificate	42754
of title, certified copy of the certificate of title, or	42755
memorandum certificate of title that the home has been registered	42756
for the current year and that the manufactured home taxes due, if	42757
any, have been paid for the preceding five years and for the	42758
current year.	42759

(4) For subsequent annual registrations, the auditor may	42760
require the owner or vendee in possession to present an Ohio	42761
certificate of title, certified copy of the certificate of title,	42762
or memorandum certificate of title to the county treasurer upon	42763
payment of the manufactured home tax that is due.	42764

(E)(1) Upon the application to transfer ownership of a	42765
manufactured or mobile home for which manufactured home taxes are	42766
paid pursuant to division (C) of section 4503.06 of the Revised	42767
Code the clerk of the court of common pleas shall not issue any	42768
certificate of title that does not contain or have attached both	42769
of the following:	42770

(a) An endorsement of the county treasurer stating that the	42771
home has been registered for each year of ownership and that all	42772
manufactured home taxes imposed pursuant to section 4503.06 of the	42773
Revised Code have been paid or that no tax is due;	42774

(b) An endorsement of the county auditor that the	42775
manufactured home transfer tax imposed pursuant to section 322.06	42776
of the Revised Code and any fees imposed under division ~~(F)~~(G) of	42777
section 319.54 of the Revised Code have been paid.	42778

(2) If all the taxes have not been paid, the clerk shall	42779
notify the vendee to contact the county treasurer of the county	42780
containing the taxing district in which the home has its situs at	42781
the time of the proposed transfer. The county treasurer shall then	42782
collect all the taxes that are due for the year of the transfer	42783
and all previous years not exceeding a total of five years. The	42784
county treasurer shall distribute that part of the collection owed	42785
to the county treasurer of other counties if the home had its	42786
situs in another county during a particular year when the unpaid	42787
tax became due and payable. The burden to prove the situs of the	42788
home in the years that the taxes were not paid is on the	42789
transferor of the home. Upon payment of the taxes, the county	42790
auditor shall remove all remaining taxes from the manufactured	42791
home tax list and the delinquent manufactured home tax list, and	42792
the county treasurer shall release all liens for such taxes. The	42793
clerk of courts shall issue a certificate of title, free and clear	42794
of all liens for manufactured home taxes, to the transferee of the	42795
home.	42796

(3) Once the transfer is complete and the certificate of	42797
title has been issued, the transferee shall register the	42798
manufactured or mobile home pursuant to division (C) or (D) of	42799
this section with the county auditor of the county containing the	42800
taxing district in which the home remains after the transfer or,	42801
if the home is relocated to another county, with the county	42802
auditor of the county to which the home is relocated. The	42803
transferee need not pay the annual tax for the year of acquisition	42804
if the original owner has already paid the annual tax for that	42805
year.	42806

(F) The county auditor may adopt a permanent registration	42807
system and issue a permanent decal with the first registration as	42808
prescribed by the tax commissioner.	42809

(G) When any manufactured or mobile home required to be	42810
registered by this section is not registered, the county auditor	42811
shall impose a penalty of one hundred dollars upon the owner and	42812
deposit the amount to the credit of the county real estate	42813
assessment fund to be used to pay the costs of administering this	42814
section and section 4503.06 of the Revised Code. If unpaid, the	42815
penalty shall constitute a lien on the home and shall be added by	42816
the county auditor to the manufactured home tax list for	42817
collection.	42818

(H)(1) Except as otherwise provided in this division, before	42819
moving a manufactured or mobile home on public roads from one	42820
address within this state to another address within or outside	42821
this state, the owner of the home shall obtain a relocation	42822
notice, as provided by this section, from the auditor of the	42823
county in which the home is located if the home is currently	42824
subject to taxation pursuant to section 4503.06 of the Revised	42825
Code. The auditor shall charge five dollars for the notice, and	42826
deposit the amount to the credit of the county real estate	42827
assessment fund to be used to pay the costs of administering this	42828
section and section 4503.06 of the Revised Code. The auditor shall	42829
not issue a relocation notice unless all taxes owed on the home	42830
under section 4503.06 of the Revised Code that were first charged	42831
to the home during the period of ownership of the owner seeking	42832
the relocation notice have been paid. If the home is being moved	42833
by a new owner of the home or by a party taking repossession of	42834
the home, the auditor shall not issue a relocation notice unless	42835
all of the taxes due for the preceding five years and for the	42836
current year have been paid. A relocation notice issued by a	42837
county auditor is valid until the last day of December of the year	42838
in which it was issued.	42839

If the home is being moved by a sheriff, police officer,	42840
constable, bailiff, or manufactured home park operator, as defined	42841
in section 3733.01 of the Revised Code, or any agent of any of	42842
these persons, for purposes of removal from a manufactured home	42843
park and storage, sale, or destruction under section 1923.14 of	42844
the Revised Code, the auditor shall issue a relocation notice	42845
without requiring payment of any taxes owed on the home under	42846
section 4503.06 of the Revised Code.	42847

(2) If a manufactured or mobile home is not yet subject to	42848
taxation under section 4503.06 of the Revised Code, the owner of	42849
the home shall obtain a relocation notice from the dealer of the	42850
home. Within thirty days after the manufactured or mobile home is	42851
purchased, the dealer of the home shall provide the auditor of the	42852
county in which the home is to be located written notice of the	42853
name of the purchaser of the home, the registration number or	42854
vehicle identification number of the home, and the address or	42855
location to which the home is to be moved. The county auditor	42856
shall provide to each manufactured and mobile home dealer, without	42857
charge, a supply of relocation notices to be distributed to	42858
purchasers pursuant to this section.	42859

(3) The notice shall be in the form of a one-foot square	42860
yellow sign with the words "manufactured home relocation notice"	42861
printed prominently on it. The name of the owner of the home, the	42862
home's registration number or vehicle identification number, the	42863
county and the address or location to which the home is being	42864
moved, and the county in which the notice is issued shall also be	42865
entered on the notice.	42866

(4) The relocation notice must be attached to the rear of the	42867
home when the home is being moved on a public road. Except as	42868
provided in divisions (H)(1) and (5) of this section, no person	42869
shall drive a motor vehicle moving a manufactured or mobile home	42870
on a public road from one address to another address within this	42871
state unless a relocation notice is attached to the rear of the	42872
home.	42873

(5) If the county auditor determines that a manufactured or	42874
mobile home has been moved without a relocation notice as required	42875
under this division, the auditor shall impose a penalty of one	42876
hundred dollars upon the owner of the home and upon the person who	42877
moved the home and deposit the amount to the credit of the county	42878
real estate assessment fund to pay the costs of administering this	42879
section and section 4503.06 of the Revised Code. If the home was	42880
relocated from one county in this state to another county in this	42881
state and the county auditor of the county to which the home was	42882
relocated imposes the penalty, that county auditor, upon	42883
collection of the penalty, shall cause an amount equal to the	42884
penalty to be transmitted from the county real estate assessment	42885
fund to the county auditor of the county from which the home was	42886
relocated, who shall deposit the amount to the credit of the	42887
county real estate assessment fund. If the penalty on the owner is	42888
unpaid, the penalty shall constitute a lien on the home and the	42889
auditor shall add the penalty to the manufactured home tax list	42890
for collection. If the county auditor determines that a dealer	42891
that has sold a manufactured or mobile home has failed to timely	42892
provide the information required under this division, the auditor	42893
shall impose a penalty upon the dealer in the amount of one	42894
hundred dollars. The penalty shall be credited to the county real	42895
estate assessment fund and used to pay the costs of administering	42896
this section and section 4503.06 of the Revised Code.	42897

(I) Whoever violates division (H)(4) of this section is	42898
guilty of a minor misdemeanor.	42899

Sec. 4503.064. As used in sections 4503.064 to 4503.069 of	42900
the Revised Code:	42901

(A) "Sixty-five years of age or older" means a person who	42902
will be age sixty-five or older in the calendar year following the	42903
year of application for reduction in the assessable value of the	42904
person's manufactured or mobile home.	42905

(B) ~~"Total income" means the adjusted gross income of the~~	42906
~~owner and the owner's spouse for the year preceding the year in~~	42907
~~which application for a reduction in taxes is made, as determined~~	42908
~~under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26~~	42909
~~U.S.C.A. 1, as amended, adjusted as follows:~~	42910

~~(1) Subtract the amount of disability benefits included in~~	42911
~~adjusted gross income but not to exceed five thousand two hundred~~	42912
~~dollars;~~	42913

~~(2) Add old age and survivors benefits received pursuant to~~	42914
~~the "Social Security Act" that are not included in adjusted gross~~	42915
~~income;~~	42916

~~(3) Add retirement, pension, annuity, or other retirement~~	42917
~~payments or benefits not included in adjusted gross income;~~	42918

~~(4) Add tier I and II railroad retirement benefits received~~	42919
~~pursuant to the "Railroad Retirement Act," 50 Stat. 307, 45 U.S.C.~~	42920
~~228;~~	42921

~~(5) Add interest on federal, state, and local government~~	42922
~~obligations;~~	42923

~~(6) For a person who received the homestead exemption for a~~	42924
~~prior year on the basis of being permanently and totally disabled~~	42925
~~and whose current application for the exemption is made on the~~	42926
~~basis of age, subtract the following amount:~~	42927

~~(a) If the person received disability benefits that were not~~	42928
~~included in adjusted gross income in the year preceding the first~~	42929
~~year in which the person applied for the exemption on the basis of~~	42930
~~age, subtract an amount equal to the disability benefits the~~	42931
~~person received in that preceding year, to the extent included in~~	42932
~~total income in the current year and not subtracted under division~~	42933
~~(B)(1) of this section in the current year;~~	42934

~~(b) If the person received disability benefits that were~~	42935
~~included in adjusted gross income in the year preceding the first~~	42936
~~year in which the person applied for the exemption on the basis of~~	42937
~~age, subtract an amount equal to the amount of disability benefits~~	42938
~~that were subtracted pursuant to division (B)(1) of this section~~	42939
~~in that preceding year, to the extent included in total income in~~	42940
~~the current year and not subtracted under division (B)(1) of this~~	42941
~~section in the current year.~~	42942

~~Disability benefits that are paid by the department of~~	42943
~~veterans affairs or a branch of the armed forces of the United~~	42944
~~States on account of an injury or disability shall not be included~~	42945
~~in total income.~~	42946

~~(C) "Old age and survivors benefits received pursuant to the~~	42947
~~'Social Security Act'" or "tier I railroad retirement benefits~~	42948
~~received pursuant to the 'Railroad Retirement Act'" means:~~	42949

~~(1) The old age benefits payable under the social security or~~	42950
~~railroad retirement laws in effect on the last day of the calendar~~	42951
~~year preceding the year in which the applicant's application for~~	42952
~~reduction is first successfully made, or, if no such benefits are~~	42953
~~payable that year, old age benefits payable the first succeeding~~	42954
~~year in which old age benefits under the social security or~~	42955
~~railroad retirement laws are payable, except in those cases where~~	42956
~~a change in social security or railroad retirement benefits~~	42957
~~results in a reduction in income.~~	42958

~~(2) The lesser of:~~

42959

~~(a) Survivors benefits payable under the social security or~~	42960
~~railroad retirement laws in effect on the last day of the calendar~~	42961
~~year preceding the year in which the applicant's application for~~	42962
~~reduction is first successfully made, or, if no such benefits are~~	42963
~~payable that year, survivors benefits payable the first succeeding~~	42964
~~year in which survivors benefits are payable; or~~	42965

~~(b) Old age benefits of the deceased spouse, as determined~~	42966
~~under division (C)(1) of this section, upon which the surviving~~	42967
~~spouse's survivors benefits are based under the social security or~~	42968
~~railroad retirement laws, except in those cases where a change in~~	42969
~~benefits would cause a reduction in income.~~	42970

~~Survivors benefits are those described in division (C)(2)(b)~~	42971
~~of this section only if the deceased spouse received old age~~	42972
~~benefits in the year in which the deceased died. If the deceased~~	42973
~~spouse did not receive old age benefits in the year in which the~~	42974
~~deceased died, then survivors benefits are those described in~~	42975
~~division (C)(2)(a) of this section.~~	42976

~~(D)~~ "Permanently and totally disabled" means a person who, on	42977
the first day of January of the year of application, including	42978
late application, for reduction in the assessable value of a	42979
manufactured or mobile home, has some impairment in body or mind	42980
that makes the person unable to work at any substantially	42981
remunerative employment which the person is reasonably able to	42982
perform and which will, with reasonable probability, continue for	42983
an indefinite period of at least twelve months without any present	42984
indication of recovery therefrom or has been certified as	42985
permanently and totally disabled by a state or federal agency	42986
having the function of so classifying persons.	42987

~~(E)~~(C) "Homestead exemption" means the reduction in taxes	42988
allowed under division (A) of section 323.152 of the Revised Code	42989
for the year in which an application is filed under section	42990
4503.066 of the Revised Code.	42991

~~(F)~~(D) "Manufactured home" has the meaning given in division	42992
(C)(4) of section 3781.06 of the Revised Code, and includes a	42993
structure consisting of two manufactured homes that were purchased	42994
either together or separately and are combined to form a single	42995
dwelling, but does not include a manufactured home that is taxed	42996
as real property pursuant to division (B) of section 4503.06 of	42997
the Revised Code.	42998

~~(G)~~(E) "Mobile home" has the meaning given in division (O) of	42999
section 4501.01 of the Revised Code and includes a structure	43000
consisting of two mobile homes that were purchased together or	43001
separately and combined to form a single dwelling, but does not	43002
include a mobile home that is taxed as real property pursuant to	43003
division (B) of section 4503.06 of the Revised Code.	43004

~~(H)~~(F) "Late application" means an application filed with an	43005
original application under division (A)(3) of section 4503.066 of	43006
the Revised Code.	43007

Sec. 4503.065. (A) This section applies to any of the	43008
following:	43009

(1) An individual who is permanently and totally disabled;

43010

(2) An individual who is sixty-five years of age or older;

43011

(3) An individual who is the surviving spouse of a deceased	43012
person who was permanently and totally disabled or sixty-five	43013
years of age or older and who applied and qualified for a	43014
reduction in assessable value under this section in the year of	43015
death, provided the surviving spouse is at least fifty-nine but	43016
not sixty-five or more years of age on the date the deceased	43017
spouse dies.	43018

(B)~~(1)~~ The manufactured home tax on a manufactured or mobile	43019
home that is paid pursuant to division (C) of section 4503.06 of	43020
the Revised Code and that is owned and occupied as a home by an	43021
individual whose domicile is in this state and to whom this	43022
section applies, shall be reduced for any tax year for which the	43023
owner obtains a certificate of reduction from the county auditor	43024
under section 4503.067 of the Revised Code, provided the	43025
individual did not acquire ownership from a person, other than the	43026
individual's spouse, related by consanguinity or affinity for the	43027
purpose of qualifying for the reduction ~~in assessable value~~. An	43028
owner includes a settlor of a revocable inter vivos trust holding	43029
the title to a manufactured or mobile home occupied by the settlor	43030
as of right under the trust. ~~The~~	43031

(1) For manufactured and mobile homes for which the tax	43032
imposed by section 4503.06 of the Revised Code is computed under	43033
division (D)(2) of that section, the reduction shall equal the	43034
~~amount obtained by multiplying the tax rate for the tax year for~~	43035
~~which the certificate is issued by the reduction in assessable~~	43036
~~value shown in the following schedule.~~	43037

	~~Reduce Assessable Value~~		43038
~~Total Income~~	~~by the Lesser of:~~		43039
	~~Column A~~	~~Column B~~	43040

~~$11,900 or less~~	~~$5,000 or seventy-five per cent~~	43041
~~More than $11,900 but not more than $17,500~~	~~$3,000 or sixty per cent~~	43042
~~More than $17,500 but not more than $23,000~~	~~$1,000 or twenty-five per cent~~	43043
~~More than $23,000~~	~~-0-~~	43044

~~(2) Each calendar year, the tax commissioner shall adjust the~~	43045
~~foregoing schedule by completing the following calculations in~~	43046
~~September of each year:~~	43047

~~(a) Determine the percentage increase in the gross domestic~~	43048
~~product deflator determined by the bureau of economic analysis of~~	43049
~~the United States department of commerce from the first day of~~	43050
~~January of the preceding calendar year to the last day of December~~	43051
~~of the preceding calendar year;~~	43052

~~(b) Multiply that percentage increase by each of the total~~	43053
~~income amounts, and by each dollar amount by which assessable~~	43054
~~value is reduced, for the ensuing tax year;~~	43055

~~(c) Add the resulting product to each of the total income~~	43056
~~amounts, and to each of the dollar amounts by which assessable~~	43057
~~value is reduced, for the ensuing tax year;~~	43058

~~(d)(i) Except as provided in division (B)(2)(d)(ii) of this~~	43059
~~section, round the resulting sum to the nearest multiple of one~~	43060
~~hundred dollars;~~	43061

~~(ii) If rounding the resulting sum to the nearest multiple of~~	43062
~~one hundred dollars under division (B)(2)(d)(i) of this section~~	43063
~~does not increase the dollar amounts by which assessable value is~~	43064
~~reduced, the resulting sum instead shall be rounded to the nearest~~	43065
~~multiple of ten dollars.~~	43066

~~The commissioner shall certify the amounts resulting from the~~	43067
~~adjustment to each county auditor not later than the first day of~~	43068
~~December each year. The certified amounts apply to the second~~	43069
~~ensuing tax year. The commissioner shall not make the adjustment~~	43070
~~in any calendar year in which the amounts resulting from the~~	43071
~~adjustment would be less than the total income amounts, or less~~	43072
~~than the dollar amounts by which assessable value is reduced, for~~	43073
~~the ensuing tax year~~greater of the reduction granted for the tax	43074
year preceding the first tax year to which this section applies	43075
pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th	43076
general assembly, if the taxpayer received a reduction for that	43077
preceding tax year, or the product of the following:	43078

(a) Twenty-five thousand dollars of the true value of the	43079
property in money;	43080

(b) The assessment percentage established by the tax	43081
commissioner under division (B) of section 5715.01 of the Revised	43082
Code, not to exceed thirty-five per cent;	43083

(c) The effective tax rate used to calculate the taxes	43084
charged against the property for the current year, where	43085
"effective tax rate" is defined as in section 323.08 of the	43086
Revised Code;	43087

(d) The quantity equal to one minus the sum of the percentage	43088
reductions in taxes received by the property for the current tax	43089
year under section 319.302 of the Revised Code and division (B) of	43090
section 323.152 of the Revised Code.	43091

(2) For manufactured and mobile homes for which the tax	43092
imposed by section 4503.06 of the Revised Code is computed under	43093
division (D)(1) of that section, the reduction shall equal the	43094
greater of the reduction granted for the tax year preceding the	43095
first tax year to which this section applies pursuant to Section	43096
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the	43097
taxpayer received a reduction for that preceding tax year, or the	43098
product of the following:	43099

(a) Twenty-five thousand dollars of the cost to the owner, or	43100
the market value at the time of purchase, whichever is greater, as	43101
those terms are used in division (D)(1) of section 4503.06 of the	43102
Revised Code;	43103

(b) The percentage from the appropriate schedule in division	43104
(D)(1)(b) of section 4503.06 of the Revised Code;	43105

(c) The assessment percentage of forty per cent used in	43106
division (D)(1)(b) of section 4503.06 of the Revised Code;	43107

(d) The tax rate of the taxing district in which the home has	43108
its situs.	43109

(C) If the owner or the spouse of the owner of a manufactured	43110
or mobile home is eligible for a homestead exemption on the land	43111
upon which the home is located, the reduction ~~in assessable value~~	43112
to which the owner or spouse is entitled under this section shall	43113
not exceed the difference between the reduction ~~in assessable~~	43114
~~value~~ to which the owner or spouse is entitled under ~~column A of~~	43115
~~the above schedule~~division (B) of this section and the amount of	43116
the reduction ~~in taxable value that was used to compute~~under the	43117
homestead exemption.	43118

(D) No reduction shall be made ~~on the assessable value of~~	43119
with respect to the home of any person convicted of violating	43120
division (C) or (D) of section 4503.066 of the Revised Code for a	43121
period of three years following the conviction.	43122

Sec. 4503.066. (A)(1) To obtain a tax reduction ~~in the~~	43123
~~assessable value of a manufactured or mobile home~~ under section	43124
4503.065 of the Revised Code, the owner of the home shall file an	43125
application with the county auditor of the county in which the	43126
home is located. An application for reduction in ~~assessable value~~	43127
taxes based upon a physical disability shall be accompanied by a	43128
certificate signed by a physician, and an application for	43129
reduction in ~~assessable value~~taxes based upon a mental disability	43130
shall be accompanied by a certificate signed by a physician or	43131
psychologist licensed to practice in this state. The certificate	43132
shall attest to the fact that the applicant is permanently and	43133
totally disabled, shall be in a form that the department of	43134
taxation requires, and shall include the definition of totally and	43135
permanently disabled as set forth in section 4503.064 of the	43136
Revised Code. An application for reduction in ~~assessable value~~	43137
taxes based upon a disability certified as permanent and total by	43138
a state or federal agency having the function of so classifying	43139
persons shall be accompanied by a certificate from that agency.	43140

(2) Each application shall constitute a continuing	43141
application for a reduction in ~~assessable value~~taxes for each	43142
year in which the manufactured or mobile home is occupied by the	43143
applicant ~~and in which the amount of the reduction in assessable~~	43144
~~value does not exceed either the amount or per cent of the~~	43145
~~reduction for the year in which the application was first filed~~.	43146
Failure to receive a new application or notification under	43147
division (B) of this section after a certificate of reduction has	43148
been issued under section 4503.067 of the Revised Code is	43149
prima-facie evidence that the original applicant is entitled to	43150
the reduction ~~in assessable value~~ calculated on the basis of the	43151
information contained in the original application. The original	43152
application and any subsequent application shall be in the form of	43153
a signed statement and shall be filed not later than the first	43154
Monday in June. The statement shall be on a form, devised and	43155
supplied by the tax commissioner, that shall require no more	43156
information than is necessary to establish the applicant's	43157
eligibility for the reduction in ~~assessable value~~taxes and the	43158
amount of the reduction to which the applicant is entitled. ~~The~~	43159
~~form shall contain a statement that signing such application~~	43160
~~constitutes a delegation of authority by the applicant to the~~	43161
~~county auditor to examine any financial records that relate to~~	43162
~~income earned by the applicant as stated on the application for~~	43163
~~the purpose of determining eligibility under, or possible~~	43164
~~violation of, division (C) or (D) of this section.~~ The form also	43165
shall contain a statement that conviction of willfully falsifying	43166
information to obtain a reduction in ~~assessable value~~taxes or	43167
failing to comply with division (B) of this section shall result	43168
in the revocation of the right to the reduction for a period of	43169
three years.	43170

(3) A late application for a reduction in ~~assessable value~~	43171
taxes for the year preceding the year for which an original	43172
application is filed may be filed with an original application. If	43173
the auditor determines that the information contained in the late	43174
application is correct, the auditor shall determine both the	43175
amount of the reduction in ~~assessable value~~taxes to which the	43176
applicant would have been entitled for the current tax year had	43177
the application been timely filed and approved in the preceding	43178
year, and the amount the taxes levied under section 4503.06 of the	43179
Revised Code for the current year would have been reduced as a	43180
result of the reduction ~~in assessable value~~. When an applicant is	43181
permanently and totally disabled on the first day of January of	43182
the year in which the applicant files a late application, the	43183
auditor, in making the determination of the amounts of the	43184
reduction in ~~assessable value and~~ taxes under division (A)(3) of	43185
this section, is not required to determine that the applicant was	43186
permanently and totally disabled on the first day of January of	43187
the preceding year.	43188

The amount of the reduction in taxes pursuant to a late	43189
application shall be treated as an overpayment of taxes by the	43190
applicant. The auditor shall credit the amount of the overpayment	43191
against the amount of the taxes or penalties then due from the	43192
applicant, and, at the next succeeding settlement, the amount of	43193
the credit shall be deducted from the amount of any taxes or	43194
penalties distributable to the county or any taxing unit in the	43195
county that has received the benefit of the taxes or penalties	43196
previously overpaid, in proportion to the benefits previously	43197
received. If, after the credit has been made, there remains a	43198
balance of the overpayment, or if there are no taxes or penalties	43199
due from the applicant, the auditor shall refund that balance to	43200
the applicant by a warrant drawn on the county treasurer in favor	43201
of the applicant. The treasurer shall pay the warrant from the	43202
general fund of the county. If there is insufficient money in the	43203
general fund to make the payment, the treasurer shall pay the	43204
warrant out of any undivided manufactured or mobile home taxes	43205
subsequently received by the treasurer for distribution to the	43206
county or taxing district in the county that received the benefit	43207
of the overpaid taxes, in proportion to the benefits previously	43208
received, and the amount paid from the undivided funds shall be	43209
deducted from the money otherwise distributable to the county or	43210
taxing district in the county at the next or any succeeding	43211
distribution. At the next or any succeeding distribution after	43212
making the refund, the treasurer shall reimburse the general fund	43213
for any payment made from that fund by deducting the amount of	43214
that payment from the money distributable to the county or other	43215
taxing unit in the county that has received the benefit of the	43216
taxes, in proportion to the benefits previously received. On the	43217
second Monday in September of each year, the county auditor shall	43218
certify the total amount of the reductions in taxes made in the	43219
current year under division (A)(3) of this section to the tax	43220
commissioner who shall treat that amount as a reduction in taxes	43221
for the current tax year and shall make reimbursement to the	43222
county of that amount in the manner prescribed in section 4503.068	43223
of the Revised Code, from moneys appropriated for that purpose.	43224

(B) If in any year after an application has been filed under	43225
division (A) of this section the owner no longer qualifies for the	43226
reduction in ~~assessable value~~taxes for which the owner was issued	43227
a certificate ~~or qualifies for a reduction that is less than~~	43228
~~either the per cent or amount of the reduction to which the owner~~	43229
~~was entitled in the year the application was filed~~, the owner	43230
shall notify the county auditor that the owner is not qualified	43231
for a reduction in ~~the assessable value of the home or file a new~~	43232
~~application under division (A) of this section~~taxes.	43233

During January of each year, the county auditor shall furnish	43234
each person issued a certificate of reduction ~~in value~~, by	43235
ordinary mail, a form on which to report any ~~changes in total~~	43236
~~income that would have the effect of increasing or decreasing the~~	43237
~~reduction to which the person is entitled,~~ changes in ownership of	43238
the home, including changes in or revocation of a revocable inter	43239
vivos trust, changes in disability, and other changes in the	43240
information earlier furnished the auditor relative to the	43241
application. ~~The form shall be completed and returned to the~~	43242
~~auditor not later than the first Monday in June if the changes~~	43243
~~would affect the level of reduction in assessable value.~~	43244

(C) No person shall knowingly make a false statement for the	43245
purpose of obtaining a reduction in ~~assessable value~~taxes under	43246
section 4503.065 of the Revised Code.	43247

(D) No person shall knowingly fail to notify the county	43248
auditor of any change required by division (B) of this section	43249
that has the effect of maintaining or securing a reduction in	43250
~~assessable value of the home in excess of the reduction allowed~~	43251
taxes under section 4503.065 of the Revised Code.	43252

(E) No person shall knowingly make a false statement or	43253
certification attesting to any person's physical or mental	43254
condition for purposes of qualifying such person for tax relief	43255
pursuant to sections 4503.064 to 4503.069 of the Revised Code.	43256

(F) Whoever violates division (C), (D), or (E) of this	43257
section is guilty of a misdemeanor of the fourth degree.	43258

Sec. 4503.067. (A) At the same time the tax bill for the	43259
first half of the tax year is issued, the county auditor shall	43260
issue a certificate of reduction in ~~assessable value of~~taxes for	43261
a manufactured or mobile home in triplicate for each person who	43262
has complied with section 4503.066 of the Revised Code and been	43263
found by the auditor to be entitled to a reduction ~~of assessable~~	43264
~~value~~in taxes for the succeeding tax year. The certificate shall	43265
set forth the ~~assessable value of the home calculated under~~	43266
~~section 4503.06 of the Revised Code and the~~ amount of the	43267
reduction in ~~assessable value of the home~~taxes calculated under	43268
section 4503.065 of the Revised Code. Upon issuance of the	43269
certificate, the auditor shall reduce the ~~assessable value of~~	43270
manufactured home tax levied on the home for the succeeding tax	43271
year by the required amount and forward the original and one copy	43272
of the certificate to the county treasurer. The auditor shall	43273
retain one copy of the certificate. The treasurer shall retain the	43274
original certificate and forward the remaining copy to the	43275
recipient with the tax bill delivered pursuant to division (D)(6)	43276
of section 4503.06 of the Revised Code.	43277

(B) If the application or a continuing application is not	43278
approved, the auditor shall notify the applicant of the reasons	43279
for denial no later than the first Monday in October. If a person	43280
believes that the person's application for reduction in ~~assessable~~	43281
~~value of a home~~taxes has been improperly denied or is for less	43282
than that to which the person is entitled, the person may file an	43283
appeal with the county board of revision no later than the	43284
thirty-first day of January of the following calendar year. The	43285
appeal shall be treated in the same manner as a complaint relating	43286
to the valuation or assessment of real property under Chapter	43287
5715. of the Revised Code.	43288

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	43289
motorcycle, and all-purpose vehicle required to be registered	43290
under section 4519.02 of the Revised Code shall file an	43291
application for registration under section 4519.03 of the Revised	43292
Code. The owner of a motor vehicle, other than a snowmobile,	43293
off-highway motorcycle, or all-purpose vehicle, that is not	43294
designed and constructed by the manufacturer for operation on a	43295
street or highway may not register it under this chapter except	43296
upon certification of inspection pursuant to section 4513.02 of	43297
the Revised Code by the sheriff, or the chief of police of the	43298
municipal corporation or township, with jurisdiction over the	43299
political subdivision in which the owner of the motor vehicle	43300
resides. Except as provided in section 4503.103 of the Revised	43301
Code, every owner of every other motor vehicle not previously	43302
described in this section and every person mentioned as owner in	43303
the last certificate of title of a motor vehicle that is operated	43304
or driven upon the public roads or highways shall cause to be	43305
filed each year, by mail or otherwise, in the office of the	43306
registrar of motor vehicles or a deputy registrar, a written or	43307
electronic application or a preprinted registration renewal notice	43308
issued under section 4503.102 of the Revised Code, the form of	43309
which shall be prescribed by the registrar, for registration for	43310
the following registration year, which shall begin on the first	43311
day of January of every calendar year and end on the thirty-first	43312
day of December in the same year. Applications for registration	43313
and registration renewal notices shall be filed at the times	43314
established by the registrar pursuant to section 4503.101 of the	43315
Revised Code. A motor vehicle owner also may elect to apply for or	43316
renew a motor vehicle registration by electronic means using	43317
electronic signature in accordance with rules adopted by the	43318
registrar. Except as provided in division (J) of this section,	43319
applications for registration shall be made on blanks furnished by	43320
the registrar for that purpose, containing the following	43321
information:	43322

(1) A brief description of the motor vehicle to be	43323
registered, including the year, make, model, and vehicle	43324
identification number, and, in the case of commercial cars, the	43325
gross weight of the vehicle fully equipped computed in the manner	43326
prescribed in section 4503.08 of the Revised Code;	43327

(2) The name and residence address of the owner, and the	43328
township and municipal corporation in which the owner resides;	43329

(3) The district of registration, which shall be determined	43330
as follows:	43331

(a) In case the motor vehicle to be registered is used for	43332
hire or principally in connection with any established business or	43333
branch business, conducted at a particular place, the district of	43334
registration is the municipal corporation in which that place is	43335
located or, if not located in any municipal corporation, the	43336
county and township in which that place is located.	43337

(b) In case the vehicle is not so used, the district of	43338
registration is the municipal corporation or county in which the	43339
owner resides at the time of making the application.	43340

(4) Whether the motor vehicle is a new or used motor vehicle;

43341

(5) The date of purchase of the motor vehicle;

43342

(6) Whether the fees required to be paid for the registration	43343
or transfer of the motor vehicle, during the preceding	43344
registration year and during the preceding period of the current	43345
registration year, have been paid. Each application for	43346
registration shall be signed by the owner, either manually or by	43347
electronic signature, or pursuant to obtaining a limited power of	43348
attorney authorized by the registrar for registration, or other	43349
document authorizing such signature. If the owner elects to apply	43350
for or renew the motor vehicle registration with the registrar by	43351
electronic means, the owner's manual signature is not required.	43352

(7) The owner's social security number, driver's license	43353
number, or state identification number, or, where a motor vehicle	43354
to be registered is used for hire or principally in connection	43355
with any established business, the owner's federal taxpayer	43356
identification number. The bureau of motor vehicles shall retain	43357
in its records all social security numbers provided under this	43358
section, but the bureau shall not place social security numbers on	43359
motor vehicle certificates of registration.	43360

(B) Except as otherwise provided in this division, each time	43361
an applicant first registers a motor vehicle in the applicant's	43362
name, the applicant shall present for inspection a physical	43363
certificate of title or memorandum certificate showing title to	43364
the motor vehicle to be registered in the name of the applicant if	43365
a physical certificate of title or memorandum certificate has been	43366
issued by a clerk of a court of common pleas. If, under sections	43367
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	43368
instead has issued an electronic certificate of title for the	43369
applicant's motor vehicle, that certificate may be presented for	43370
inspection at the time of first registration in a manner	43371
prescribed by rules adopted by the registrar. An applicant is not	43372
required to present a certificate of title to an electronic motor	43373
vehicle dealer acting as a limited authority deputy registrar in	43374
accordance with rules adopted by the registrar. When a motor	43375
vehicle inspection and maintenance program is in effect under	43376
section 3704.14 of the Revised Code and rules adopted under it,	43377
each application for registration for a vehicle required to be	43378
inspected under that section and those rules shall be accompanied	43379
by an inspection certificate for the motor vehicle issued in	43380
accordance with that section. The application shall be refused if	43381
any of the following applies:	43382

(1) The application is not in proper form.

43383

(2) The application is prohibited from being accepted by	43384
division (D) of section 2935.27, division (A) of section 2937.221,	43385
division (A) of section 4503.13, division (B) of section 4510.22,	43386
or division (B)(1) of section 4521.10 of the Revised Code.	43387

(3) A certificate of title or memorandum certificate of title	43388
is required but does not accompany the application or, in the case	43389
of an electronic certificate of title, is required but is not	43390
presented in a manner prescribed by the registrar's rules.	43391

(4) All registration and transfer fees for the motor vehicle,	43392
for the preceding year or the preceding period of the current	43393
registration year, have not been paid.	43394

(5) The owner or lessee does not have an inspection	43395
certificate for the motor vehicle as provided in section 3704.14	43396
of the Revised Code, and rules adopted under it, if that section	43397
is applicable.	43398

This section does not require the payment of license or	43399
registration taxes on a motor vehicle for any preceding year, or	43400
for any preceding period of a year, if the motor vehicle was not	43401
taxable for that preceding year or period under sections 4503.02,	43402
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	43403
Revised Code. When a certificate of registration is issued upon	43404
the first registration of a motor vehicle by or on behalf of the	43405
owner, the official issuing the certificate shall indicate the	43406
issuance with a stamp on the certificate of title or memorandum	43407
certificate or, in the case of an electronic certificate of title,	43408
an electronic stamp or other notation as specified in rules	43409
adopted by the registrar, and with a stamp on the inspection	43410
certificate for the motor vehicle, if any. The official also shall	43411
indicate, by a stamp or by other means the registrar prescribes,	43412
on the registration certificate issued upon the first registration	43413
of a motor vehicle by or on behalf of the owner the odometer	43414
reading of the motor vehicle as shown in the odometer statement	43415
included in or attached to the certificate of title. Upon each	43416
subsequent registration of the motor vehicle by or on behalf of	43417
the same owner, the official also shall so indicate the odometer	43418
reading of the motor vehicle as shown on the immediately preceding	43419
certificate of registration.	43420

The registrar shall include in the permanent registration	43421
record of any vehicle required to be inspected under section	43422
3704.14 of the Revised Code the inspection certificate number from	43423
the inspection certificate that is presented at the time of	43424
registration of the vehicle as required under this division.	43425

(C)(1) Commencing with each registration renewal with an	43426
expiration date on or after October 1, 2003, and for each initial	43427
application for registration received on and after that date, the	43428
registrar and each deputy registrar shall collect an additional	43429
fee of eleven dollars for each application for registration and	43430
registration renewal received. The additional fee is for the	43431
purpose of defraying the department of public safety's costs	43432
associated with the administration and enforcement of the motor	43433
vehicle and traffic laws of Ohio. Each deputy registrar shall	43434
transmit the fees collected under division (C)(1) of this section	43435
in the time and manner provided in this section. The registrar	43436
shall deposit all moneys received under division (C)(1) of this	43437
section into the state highway safety fund established in section	43438
4501.06 of the Revised Code.	43439

(2) In addition, a charge of twenty-five cents shall be made	43440
for each reflectorized safety license plate issued, and a single	43441
charge of twenty-five cents shall be made for each county	43442
identification sticker or each set of county identification	43443
stickers issued, as the case may be, to cover the cost of	43444
producing the license plates and stickers, including material,	43445
manufacturing, and administrative costs. Those fees shall be in	43446
addition to the license tax. If the total cost of producing the	43447
plates is less than twenty-five cents per plate, or if the total	43448
cost of producing the stickers is less than twenty-five cents per	43449
sticker or per set issued, any excess moneys accruing from the	43450
fees shall be distributed in the same manner as provided by	43451
section 4501.04 of the Revised Code for the distribution of	43452
license tax moneys. If the total cost of producing the plates	43453
exceeds twenty-five cents per plate, or if the total cost of	43454
producing the stickers exceeds twenty-five cents per sticker or	43455
per set issued, the difference shall be paid from the license tax	43456
moneys collected pursuant to section 4503.02 of the Revised Code.	43457

(D) Each deputy registrar shall be allowed a fee of two	43458
dollars and seventy-five cents commencing on July 1, 2001, three	43459
dollars and twenty-five cents commencing on January 1, 2003, and	43460
three dollars and fifty cents commencing on January 1, 2004, for	43461
each application for registration and registration renewal notice	43462
the deputy registrar receives, which shall be for the purpose of	43463
compensating the deputy registrar for the deputy registrar's	43464
services, and such office and rental expenses, as may be necessary	43465
for the proper discharge of the deputy registrar's duties in the	43466
receiving of applications and renewal notices and the issuing of	43467
registrations.	43468

(E) Upon the certification of the registrar, the county	43469
sheriff or local police officials shall recover license plates	43470
erroneously or fraudulently issued.	43471

(F) Each deputy registrar, upon receipt of any application	43472
for registration or registration renewal notice, together with the	43473
license fee and any local motor vehicle license tax levied	43474
pursuant to Chapter 4504. of the Revised Code, shall transmit that	43475
fee and tax, if any, in the manner provided in this section,	43476
together with the original and duplicate copy of the application,	43477
to the registrar. The registrar, subject to the approval of the	43478
director of public safety, may deposit the funds collected by	43479
those deputies in a local bank or depository to the credit of the	43480
"state of Ohio, bureau of motor vehicles." Where a local bank or	43481
depository has been designated by the registrar, each deputy	43482
registrar shall deposit all moneys collected by the deputy	43483
registrar into that bank or depository not more than one business	43484
day after their collection and shall make reports to the registrar	43485
of the amounts so deposited, together with any other information,	43486
some of which may be prescribed by the treasurer of state, as the	43487
registrar may require and as prescribed by the registrar by rule.	43488
The registrar, within three days after receipt of notification of	43489
the deposit of funds by a deputy registrar in a local bank or	43490
depository, shall draw on that account in favor of the treasurer	43491
of state. The registrar, subject to the approval of the director	43492
and the treasurer of state, may make reasonable rules necessary	43493
for the prompt transmittal of fees and for safeguarding the	43494
interests of the state and of counties, townships, municipal	43495
corporations, and transportation improvement districts levying	43496
local motor vehicle license taxes. The registrar may pay service	43497
charges usually collected by banks and depositories for such	43498
service. If deputy registrars are located in communities where	43499
banking facilities are not available, they shall transmit the fees	43500
forthwith, by money order or otherwise, as the registrar, by rule	43501
approved by the director and the treasurer of state, may	43502
prescribe. The registrar may pay the usual and customary fees for	43503
such service.	43504

(G) This section does not prevent any person from making an	43505
application for a motor vehicle license directly to the registrar	43506
by mail, by electronic means, or in person at any of the	43507
registrar's offices, upon payment of a service fee of two dollars	43508
and seventy-five cents commencing on July 1, 2001, three dollars	43509
and twenty-five cents commencing on January 1, 2003, and three	43510
dollars and fifty cents commencing on January 1, 2004, for each	43511
application.	43512

(H) No person shall make a false statement as to the district	43513
of registration in an application required by division (A) of this	43514
section. Violation of this division is falsification under section	43515
2921.13 of the Revised Code and punishable as specified in that	43516
section.	43517

(I)(1) Where applicable, the requirements of division (B) of	43518
this section relating to the presentation of an inspection	43519
certificate issued under section 3704.14 of the Revised Code and	43520
rules adopted under it for a motor vehicle, the refusal of a	43521
license for failure to present an inspection certificate, and the	43522
stamping of the inspection certificate by the official issuing the	43523
certificate of registration apply to the registration of and	43524
issuance of license plates for a motor vehicle under sections	43525
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	43526
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	43527
4503.47, and 4503.51 of the Revised Code.	43528

(2)(a) The registrar shall adopt rules ensuring that each	43529
owner registering a motor vehicle in a county where a motor	43530
vehicle inspection and maintenance program is in effect under	43531
section 3704.14 of the Revised Code and rules adopted under it	43532
receives information about the requirements established in that	43533
section and those rules and about the need in those counties to	43534
present an inspection certificate with an application for	43535
registration or preregistration.	43536

(b) Upon request, the registrar shall provide the director of	43537
environmental protection, or any person that has been awarded a	43538
contract under ~~division (D) of~~ section 3704.14 of the Revised	43539
Code, an on-line computer data link to registration information	43540
for all passenger cars, noncommercial motor vehicles, and	43541
commercial cars that are subject to that section. The registrar	43542
also shall provide to the director of environmental protection a	43543
magnetic data tape containing registration information regarding	43544
passenger cars, noncommercial motor vehicles, and commercial cars	43545
for which a multi-year registration is in effect under section	43546
4503.103 of the Revised Code or rules adopted under it, including,	43547
without limitation, the date of issuance of the multi-year	43548
registration, the registration deadline established under rules	43549
adopted under section 4503.101 of the Revised Code that was	43550
applicable in the year in which the multi-year registration was	43551
issued, and the registration deadline for renewal of the	43552
multi-year registration.	43553

(J) Application for registration under the international	43554
registration plan, as set forth in sections 4503.60 to 4503.66 of	43555
the Revised Code, shall be made to the registrar on forms	43556
furnished by the registrar. In accordance with international	43557
registration plan guidelines and pursuant to rules adopted by the	43558
registrar, the forms shall include the following:	43559

(1) A uniform mileage schedule;

43560

(2) The gross vehicle weight of the vehicle or combined gross	43561
vehicle weight of the combination vehicle as declared by the	43562
registrant;	43563

(3) Any other information the registrar requires by rule.

43564

Sec. 4503.102. (A) The registrar of motor vehicles shall	43565
adopt rules to establish a centralized system of motor vehicle	43566
registration renewal by mail or by electronic means. Any person	43567
owning a motor vehicle that was registered in the person's name	43568
during the preceding registration year shall renew the	43569
registration of the motor vehicle not more than ninety days prior	43570
to the expiration date of the registration either by mail or by	43571
electronic means through the centralized system of registration	43572
established under this section, or in person at any office of the	43573
registrar or at a deputy registrar's office.	43574

(B)(1) No less than forty-five days prior to the expiration	43575
date of any motor vehicle registration, the registrar shall mail a	43576
renewal notice to the person in whose name the motor vehicle is	43577
registered. The renewal notice shall clearly state that the	43578
registration of the motor vehicle may be renewed by mail or	43579
electronic means through the centralized system of registration or	43580
in person at any office of the registrar or at a deputy	43581
registrar's office and shall be preprinted with information	43582
including, but not limited to, the owner's name and residence	43583
address as shown in the records of the bureau of motor vehicles, a	43584
brief description of the motor vehicle to be registered, notice of	43585
the license taxes and fees due on the motor vehicle, the toll-free	43586
telephone number of the registrar as required under division	43587
(D)(1) of section 4503.031 of the Revised Code, and any additional	43588
information the registrar may require by rule. The renewal notice	43589
shall be sent by regular mail to the owner's last known address as	43590
shown in the records of the bureau of motor vehicles.	43591

(2) If the application for renewal of the registration of a	43592
motor vehicle is prohibited from being accepted by the registrar	43593
or a deputy registrar by division (D) of section 2935.27, division	43594
(A) of section 2937.221, division (A) of section 4503.13, division	43595
(B) of section 4510.22, or division (B)(1) of section 4521.10 of	43596
the Revised Code, the registrar is not required to send a renewal	43597
notice to the vehicle owner or vehicle lessee.	43598

(C) The owner of the motor vehicle shall verify the	43599
information contained in the notice, sign it either manually or by	43600
electronic means, and return it, either by mail or electronic	43601
means, or the owner may take it in person to any office of the	43602
registrar or of a deputy registrar, together with a financial	43603
transaction device number, when permitted by rule of the	43604
registrar, check, or money order in the amount of the registration	43605
taxes and fees payable on the motor vehicle and a mail fee of two	43606
dollars and seventy-five cents commencing on July 1, 2001, three	43607
dollars and twenty-five cents commencing on January 1, 2003, and	43608
three dollars and fifty cents commencing on January 1, 2004, plus	43609
postage as indicated on the notice, if the registration is renewed	43610
by mail, and an inspection certificate for the motor vehicle as	43611
provided in section 3704.14 of the Revised Code. If the motor	43612
vehicle owner chooses to renew the motor vehicle registration by	43613
electronic means, the owner shall proceed in accordance with the	43614
rules the registrar adopts.	43615

(D) If all registration and transfer fees for the motor	43616
vehicle for the preceding year or the preceding period of the	43617
current registration year have not been paid, if division (D) of	43618
section 2935.27, division (A) of section 2937.221, division (A) of	43619
section 4503.13, division (B) of section 4510.22, or division	43620
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance	43621
of the renewal notice, or if the owner or lessee does not have an	43622
inspection certificate for the motor vehicle as provided in	43623
section 3704.14 of the Revised Code, if that section is	43624
applicable, the license shall be refused, and the registrar or	43625
deputy registrar shall so notify the owner. This section does not	43626
require the payment of license or registration taxes on a motor	43627
vehicle for any preceding year, or for any preceding period of a	43628
year, if the motor vehicle was not taxable for that preceding year	43629
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or	43630
4503.16 or Chapter 4504. of the Revised Code.	43631

(E)(1) Failure to receive a renewal notice does not relieve a	43632
motor vehicle owner from the responsibility to renew the	43633
registration for the motor vehicle. Any person who has a motor	43634
vehicle registered in this state and who does not receive a	43635
renewal notice as provided in division (B) of this section prior	43636
to the expiration date of the registration shall request an	43637
application for registration from the registrar or a deputy	43638
registrar and sign the application manually or by electronic means	43639
and submit the application and pay any applicable license taxes	43640
and fees to the registrar or deputy registrar.	43641

(2) If the owner of a motor vehicle submits an application	43642
for registration and the registrar is prohibited by division (D)	43643
of section 2935.27, division (A) of section 2937.221, division (A)	43644
of section 4503.13, division (B) of section 4510.22, or division	43645
(B)(1) of section 4521.10 of the Revised Code from accepting the	43646
application, the registrar shall return the application and the	43647
payment to the owner. If the owner of a motor vehicle submits a	43648
registration renewal application to the registrar by electronic	43649
means and the registrar is prohibited from accepting the	43650
application as provided in this division, the registrar shall	43651
notify the owner of this fact and deny the application and return	43652
the payment or give a credit on the financial transaction device	43653
account of the owner in the manner the registrar prescribes by	43654
rule adopted pursuant to division (A) of this section.	43655

(F) Every deputy registrar shall post in a prominent place at	43656
the deputy's office a notice informing the public of the mail	43657
registration system required by this section and also shall post a	43658
notice that every owner of a motor vehicle and every chauffeur	43659
holding a certificate of registration is required to notify the	43660
registrar in writing of any change of residence within ten days	43661
after the change occurs. The notice shall be in such form as the	43662
registrar prescribes by rule.	43663

(G) The two dollars and seventy-five cents fee collected from	43664
July 1, 2001, through December 31, 2002, the three dollars and	43665
twenty-five cents fee collected from January 1, 2003, through	43666
December 31, 2003, and the three dollars and fifty cents fee	43667
collected after January 1, 2004, plus postage and any financial	43668
transaction device surcharge collected by the registrar for	43669
registration by mail, shall be paid to the credit of the state	43670
bureau of motor vehicles fund established by section 4501.25 of	43671
the Revised Code.	43672

(H)(1) Pursuant to section 113.40 of the Revised Code, the	43673
registrar may implement a program permitting payment of motor	43674
vehicle registration taxes and fees, driver's license and	43675
commercial driver's license fees, and any other taxes, fees,	43676
penalties, or charges imposed or levied by the state by means of a	43677
financial transaction device. The registrar may adopt rules as	43678
necessary for this purpose.	43679

(2) Commencing with deputy registrar contract awards that	43680
have a start date of July 1, 2008, and for all contract awards	43681
thereafter, the registrar shall incorporate in the review process	43682
a score for whether or not a proposer states that the proposer	43683
will accept payment by means of a financial transaction device,	43684
including credit cards and debit cards, for all department of	43685
public safety transactions conducted at that deputy registrar	43686
location.	43687

A deputy registrar shall not be required to accept payment by	43688
means of a financial transaction device unless the deputy	43689
registrar agreed to do so in the deputy registrar's contract. The	43690
bureau shall not be required to pay any costs incurred by a deputy	43691
registrar who accepts payment by means of a financial transaction	43692
device that result from the deputy registrar accepting payment by	43693
means of a financial transaction device.	43694

(3) A county auditor that is designated a deputy registrar	43695
may choose to accept payment by means of a financial transaction	43696
device, including credit cards and debit cards, for all department	43697
of public safety transactions conducted at the office of the	43698
county auditor in the county auditor's capacity as deputy	43699
registrar. The bureau shall not be required to pay any costs	43700
incurred by a county auditor who accepts payment by means of a	43701
financial transaction device that result from the county auditor	43702
accepting payment by means of a financial transaction device for	43703
any such department of public safety transaction.	43704

(I) For persons who reside in counties where tailpipe	43705
emissions inspections are required under the motor vehicle	43706
inspection and maintenance program, the notice required by	43707
division (B) of this section shall also include the toll-free	43708
telephone number maintained by the Ohio environmental protection	43709
agency to provide information concerning the locations of	43710
emissions testing centers.	43711

Sec. 4503.35. (A) The motor vehicles furnished by the state	43712
for use by the elective state officials, and motor vehicles owned	43713
and operated by political subdivisions of the state, are exempt	43714
from section 4503.23 of the Revised Code.	43715

(B) The ~~motor~~following vehicles are exempt from section	43716
4503.23 of the Revised Code:	43717

(1) Motor vehicles operated by troopers of the state highway	43718
patrol~~, and motor~~;	43719

(2) Motor vehicles operated by or on behalf of any person	43720
whose responsibilities include involvement in authorized civil or	43721
criminal investigations requiring that the presence and identity	43722
of the vehicle occupants be undisclosed~~, are exempt from section~~	43723
~~4503.23 of the Revised Code~~;	43724

(3) Motor vehicles used to assist crime victims when a state	43725
agency determines that the situation warrants it.	43726

Sec. 4505.06. (A)(1) Application for a certificate of title	43727
shall be made in a form prescribed by the registrar of motor	43728
vehicles and shall be sworn to before a notary public or other	43729
officer empowered to administer oaths. The application shall be	43730
filed with the clerk of any court of common pleas. An application	43731
for a certificate of title may be filed electronically by any	43732
electronic means approved by the registrar in any county with the	43733
clerk of the court of common pleas of that county. Any payments	43734
required by this chapter shall be considered as accompanying any	43735
electronically transmitted application when payment actually is	43736
received by the clerk. Payment of any fee or taxes may be made by	43737
electronic transfer of funds.	43738

(2) The application for a certificate of title shall be	43739
accompanied by the fee prescribed in section 4505.09 of the	43740
Revised Code. The fee shall be retained by the clerk who issues	43741
the certificate of title and shall be distributed in accordance	43742
with that section. If a clerk of a court of common pleas, other	43743
than the clerk of the court of common pleas of an applicant's	43744
county of residence, issues a certificate of title to the	43745
applicant, the clerk shall transmit data related to the	43746
transaction to the automated title processing system.	43747

(3) If a certificate of title previously has been issued for	43748
a motor vehicle in this state, the application for a certificate	43749
of title also shall be accompanied by that certificate of title	43750
duly assigned, unless otherwise provided in this chapter. If a	43751
certificate of title previously has not been issued for the motor	43752
vehicle in this state, the application, unless otherwise provided	43753
in this chapter, shall be accompanied by a manufacturer's or	43754
importer's certificate or by a certificate of title of another	43755
state from which the motor vehicle was brought into this state. If	43756
the application refers to a motor vehicle last previously	43757
registered in another state, the application also shall be	43758
accompanied by the physical inspection certificate required by	43759
section 4505.061 of the Revised Code. If the application is made	43760
by two persons regarding a motor vehicle in which they wish to	43761
establish joint ownership with right of survivorship, they may do	43762
so as provided in section 2131.12 of the Revised Code. If the	43763
applicant requests a designation of the motor vehicle in	43764
beneficiary form so that upon the death of the owner of the motor	43765
vehicle, ownership of the motor vehicle will pass to a designated	43766
transfer-on-death beneficiary or beneficiaries, the applicant may	43767
do so as provided in section 2131.13 of the Revised Code. A person	43768
who establishes ownership of a motor vehicle that is transferable	43769
on death in accordance with section 2131.13 of the Revised Code	43770
may terminate that type of ownership or change the designation of	43771
the transfer-on-death beneficiary or beneficiaries by applying for	43772
a certificate of title pursuant to this section. The clerk shall	43773
retain the evidence of title presented by the applicant and on	43774
which the certificate of title is issued, except that, if an	43775
application for a certificate of title is filed electronically by	43776
an electronic motor vehicle dealer on behalf of the purchaser of a	43777
motor vehicle, the clerk shall retain the completed electronic	43778
record to which the dealer converted the certificate of title	43779
application and other required documents. The registrar, after	43780
consultation with the attorney general, shall adopt rules that	43781
govern the location at which, and the manner in which, are stored	43782
the actual application and all other documents relating to the	43783
sale of a motor vehicle when an electronic motor vehicle dealer	43784
files the application for a certificate of title electronically on	43785
behalf of the purchaser.	43786

The clerk shall use reasonable diligence in ascertaining	43787
whether or not the facts in the application for a certificate of	43788
title are true by checking the application and documents	43789
accompanying it or the electronic record to which a dealer	43790
converted the application and accompanying documents with the	43791
records of motor vehicles in the clerk's office. If the clerk is	43792
satisfied that the applicant is the owner of the motor vehicle and	43793
that the application is in the proper form, the clerk, within five	43794
business days after the application is filed and except as	43795
provided in section 4505.021 of the Revised Code, shall issue a	43796
physical certificate of title over the clerk's signature and	43797
sealed with the clerk's seal, unless the applicant specifically	43798
requests the clerk not to issue a physical certificate of title	43799
and instead to issue an electronic certificate of title. For	43800
purposes of the transfer of a certificate of title, if the clerk	43801
is satisfied that the secured party has duly discharged a lien	43802
notation but has not canceled the lien notation with a clerk, the	43803
clerk may cancel the lien notation on the automated title	43804
processing system and notify the clerk of the county of origin.	43805

(4) In the case of the sale of a motor vehicle to a general	43806
buyer or user by a dealer, by a motor vehicle leasing dealer	43807
selling the motor vehicle to the lessee or, in a case in which the	43808
leasing dealer subleased the motor vehicle, the sublessee, at the	43809
end of the lease agreement or sublease agreement, or by a	43810
manufactured home broker, the certificate of title shall be	43811
obtained in the name of the buyer by the dealer, leasing dealer,	43812
or manufactured home broker, as the case may be, upon application	43813
signed by the buyer. The certificate of title shall be issued, or	43814
the process of entering the certificate of title application	43815
information into the automated title processing system if a	43816
physical certificate of title is not to be issued shall be	43817
completed, within five business days after the application for	43818
title is filed with the clerk. If the buyer of the motor vehicle	43819
previously leased the motor vehicle and is buying the motor	43820
vehicle at the end of the lease pursuant to that lease, the	43821
certificate of title shall be obtained in the name of the buyer by	43822
the motor vehicle leasing dealer who previously leased the motor	43823
vehicle to the buyer or by the motor vehicle leasing dealer who	43824
subleased the motor vehicle to the buyer under a sublease	43825
agreement.	43826

In all other cases, except as provided in section 4505.032	43827
and division (D)(2) of section 4505.11 of the Revised Code, such	43828
certificates shall be obtained by the buyer.	43829

(5)(a)(i) If the certificate of title is being obtained in	43830
the name of the buyer by a motor vehicle dealer or motor vehicle	43831
leasing dealer and there is a security interest to be noted on the	43832
certificate of title, the dealer or leasing dealer shall submit	43833
the application for the certificate of title and payment of the	43834
applicable tax to a clerk within seven business days after the	43835
later of the delivery of the motor vehicle to the buyer or the	43836
date the dealer or leasing dealer obtains the manufacturer's or	43837
importer's certificate, or certificate of title issued in the name	43838
of the dealer or leasing dealer, for the motor vehicle. Submission	43839
of the application for the certificate of title and payment of the	43840
applicable tax within the required seven business days may be	43841
indicated by postmark or receipt by a clerk within that period.	43842

(ii) Upon receipt of the certificate of title with the	43843
security interest noted on its face, the dealer or leasing dealer	43844
shall forward the certificate of title to the secured party at the	43845
location noted in the financing documents or otherwise specified	43846
by the secured party.	43847

(iii) A motor vehicle dealer or motor vehicle leasing dealer	43848
is liable to a secured party for a late fee of ten dollars per day	43849
for each certificate of title application and payment of the	43850
applicable tax that is submitted to a clerk more than seven	43851
business days but less than twenty-one days after the later of the	43852
delivery of the motor vehicle to the buyer or the date the dealer	43853
or leasing dealer obtains the manufacturer's or importer's	43854
certificate, or certificate of title issued in the name of the	43855
dealer or leasing dealer, for the motor vehicle and, from then on,	43856
twenty-five dollars per day until the application and applicable	43857
tax are submitted to a clerk.	43858

(b) In all cases of transfer of a motor vehicle, the	43859
application for certificate of title shall be filed within thirty	43860
days after the assignment or delivery of the motor vehicle. If an	43861
application for a certificate of title is not filed within the	43862
period specified in division (A)(5)(b) of this section, the clerk	43863
shall collect a fee of five dollars for the issuance of the	43864
certificate, except that no such fee shall be required from a	43865
motor vehicle salvage dealer, as defined in division (A) of	43866
section 4738.01 of the Revised Code, who immediately surrenders	43867
the certificate of title for cancellation. The fee shall be in	43868
addition to all other fees established by this chapter, and shall	43869
be retained by the clerk. The registrar shall provide, on the	43870
certificate of title form prescribed by section 4505.07 of the	43871
Revised Code, language necessary to give evidence of the date on	43872
which the assignment or delivery of the motor vehicle was made.	43873

(6) As used in division (A) of this section, "lease	43874
agreement," "lessee," and "sublease agreement" have the same	43875
meanings as in section 4505.04 of the Revised Code.	43876

(B)(1) The clerk, except as provided in this section, shall	43877
refuse to accept for filing any application for a certificate of	43878
title and shall refuse to issue a certificate of title unless the	43879
dealer or manufactured home broker or the applicant, in cases in	43880
which the certificate shall be obtained by the buyer, submits with	43881
the application payment of the tax levied by or pursuant to	43882
Chapters 5739. and 5741. of the Revised Code based on the	43883
purchaser's county of residence. Upon payment of the tax in	43884
accordance with division (E) of this section, the clerk shall	43885
issue a receipt prescribed by the registrar and agreed upon by the	43886
tax commissioner showing payment of the tax or a receipt issued by	43887
the commissioner showing the payment of the tax. When submitting	43888
payment of the tax to the clerk, a dealer shall retain any	43889
discount to which the dealer is entitled under section 5739.12 of	43890
the Revised Code.	43891

(2) For receiving and disbursing such taxes paid to the clerk	43892
by a resident of the clerk's county, the clerk may retain a	43893
poundage fee of one and one one-hundredth per cent, and the clerk	43894
shall pay the poundage fee into the certificate of title	43895
administration fund created by section 325.33 of the Revised Code.	43896
The clerk shall not retain a poundage fee from payments of taxes	43897
by persons who do not reside in the clerk's county.	43898

A clerk, however, may retain from the taxes paid to the clerk	43899
an amount equal to the poundage fees associated with certificates	43900
of title issued by other clerks of courts of common pleas to	43901
applicants who reside in the first clerk's county. The registrar,	43902
in consultation with the tax commissioner and the clerks of the	43903
courts of common pleas, shall develop a report from the automated	43904
title processing system that informs each clerk of the amount of	43905
the poundage fees that the clerk is permitted to retain from those	43906
taxes because of certificates of title issued by the clerks of	43907
other counties to applicants who reside in the first clerk's	43908
county.	43909

(3) In the case of casual sales of motor vehicles, as defined	43910
in section 4517.01 of the Revised Code, the price for the purpose	43911
of determining the tax shall be the purchase price on the assigned	43912
certificate of title executed by the seller and filed with the	43913
clerk by the buyer on a form to be prescribed by the registrar,	43914
which shall be prima-facie evidence of the amount for the	43915
determination of the tax.	43916

(4) Each county clerk shall forward to the treasurer of state	43917
all sales and use tax collections resulting from sales of motor	43918
vehicles, off-highway motorcycles, and all-purpose vehicles during	43919
a calendar week on or before the Friday following the close of	43920
that week. If, on any Friday, the offices of the clerk of courts	43921
or the state are not open for business, the tax shall be forwarded	43922
to the treasurer of state on or before the next day on which the	43923
offices are open. Every remittance of tax under division (B)(4) of	43924
this section shall be accompanied by a remittance report in such	43925
form as the tax commissioner prescribes. Upon receipt of a tax	43926
remittance and remittance report, the treasurer of state shall	43927
date stamp the report and forward it to the tax commissioner. If	43928
the tax due for any week is not remitted by a clerk of courts as	43929
required under division (B)(4) of this section, the commissioner	43930
may require the clerk to forfeit the poundage fees for the sales	43931
made during that week. The treasurer of state may require the	43932
clerks of courts to transmit tax collections and remittance	43933
reports electronically.	43934

(C)(1) If the transferor indicates on the certificate of	43935
title that the odometer reflects mileage in excess of the designed	43936
mechanical limit of the odometer, the clerk shall enter the phrase	43937
"exceeds mechanical limits" following the mileage designation. If	43938
the transferor indicates on the certificate of title that the	43939
odometer reading is not the actual mileage, the clerk shall enter	43940
the phrase "nonactual: warning - odometer discrepancy" following	43941
the mileage designation. The clerk shall use reasonable care in	43942
transferring the information supplied by the transferor, but is	43943
not liable for any errors or omissions of the clerk or those of	43944
the clerk's deputies in the performance of the clerk's duties	43945
created by this chapter.	43946

The registrar shall prescribe an affidavit in which the	43947
transferor shall swear to the true selling price and, except as	43948
provided in this division, the true odometer reading of the motor	43949
vehicle. The registrar may prescribe an affidavit in which the	43950
seller and buyer provide information pertaining to the odometer	43951
reading of the motor vehicle in addition to that required by this	43952
section, as such information may be required by the United States	43953
secretary of transportation by rule prescribed under authority of	43954
subchapter IV of the "Motor Vehicle Information and Cost Savings	43955
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	43956

(2) Division (C)(1) of this section does not require the	43957
giving of information concerning the odometer and odometer reading	43958
of a motor vehicle when ownership of a motor vehicle is being	43959
transferred as a result of a bequest, under the laws of intestate	43960
succession, to a survivor pursuant to section 2106.18, 2131.12, or	43961
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	43962
beneficiaries pursuant to section 2131.13 of the Revised Code, in	43963
connection with the creation of a security interest or for a	43964
vehicle with a gross vehicle weight rating of more than sixteen	43965
thousand pounds.	43966

(D) When the transfer to the applicant was made in some other	43967
state or in interstate commerce, the clerk, except as provided in	43968
this section, shall refuse to issue any certificate of title	43969
unless the tax imposed by or pursuant to Chapter 5741. of the	43970
Revised Code based on the purchaser's county of residence has been	43971
paid as evidenced by a receipt issued by the tax commissioner, or	43972
unless the applicant submits with the application payment of the	43973
tax. Upon payment of the tax in accordance with division (E) of	43974
this section, the clerk shall issue a receipt prescribed by the	43975
registrar and agreed upon by the tax commissioner, showing payment	43976
of the tax.	43977

For receiving and disbursing such taxes paid to the clerk by	43978
a resident of the clerk's county, the clerk may retain a poundage	43979
fee of one and one one-hundredth per cent. The clerk shall not	43980
retain a poundage fee from payments of taxes by persons who do not	43981
reside in the clerk's county.	43982

A clerk, however, may retain from the taxes paid to the clerk	43983
an amount equal to the poundage fees associated with certificates	43984
of title issued by other clerks of courts of common pleas to	43985
applicants who reside in the first clerk's county. The registrar,	43986
in consultation with the tax commissioner and the clerks of the	43987
courts of common pleas, shall develop a report from the automated	43988
title processing system that informs each clerk of the amount of	43989
the poundage fees that the clerk is permitted to retain from those	43990
taxes because of certificates of title issued by the clerks of	43991
other counties to applicants who reside in the first clerk's	43992
county.	43993

When the vendor is not regularly engaged in the business of	43994
selling motor vehicles, the vendor shall not be required to	43995
purchase a vendor's license or make reports concerning those	43996
sales.	43997

(E) The clerk shall accept any payment of a tax in cash, or	43998
by cashier's check, certified check, draft, money order, or teller	43999
check issued by any insured financial institution payable to the	44000
clerk and submitted with an application for a certificate of title	44001
under division (B) or (D) of this section. The clerk also may	44002
accept payment of the tax by corporate, business, or personal	44003
check, credit card, electronic transfer or wire transfer, debit	44004
card, or any other accepted form of payment made payable to the	44005
clerk. The clerk may require bonds, guarantees, or letters of	44006
credit to ensure the collection of corporate, business, or	44007
personal checks. Any service fee charged by a third party to a	44008
clerk for the use of any form of payment may be paid by the clerk	44009
from the certificate of title administration fund created in	44010
section 325.33 of the Revised Code, or may be assessed by the	44011
clerk upon the applicant as an additional fee. Upon collection,	44012
the additional fees shall be paid by the clerk into that	44013
certificate of title administration fund.	44014

The clerk shall make a good faith effort to collect any	44015
payment of taxes due but not made because the payment was returned	44016
or dishonored, but the clerk is not personally liable for the	44017
payment of uncollected taxes or uncollected fees. The clerk shall	44018
notify the tax commissioner of any such payment of taxes that is	44019
due but not made and shall furnish the information to the	44020
commissioner that the commissioner requires. The clerk shall	44021
deduct the amount of taxes due but not paid from the clerk's	44022
periodic remittance of tax payments, in accordance with procedures	44023
agreed upon by the tax commissioner. The commissioner may collect	44024
taxes due by assessment in the manner provided in section 5739.13	44025
of the Revised Code.	44026

Any person who presents payment that is returned or	44027
dishonored for any reason is liable to the clerk for payment of a	44028
penalty over and above the amount of the taxes due. The clerk	44029
shall determine the amount of the penalty, and the penalty shall	44030
be no greater than that amount necessary to compensate the clerk	44031
for banking charges, legal fees, or other expenses incurred by the	44032
clerk in collecting the returned or dishonored payment. The	44033
remedies and procedures provided in this section are in addition	44034
to any other available civil or criminal remedies. Subsequently	44035
collected penalties, poundage fees, and title fees, less any title	44036
fee due the state, from returned or dishonored payments collected	44037
by the clerk shall be paid into the certificate of title	44038
administration fund. Subsequently collected taxes, less poundage	44039
fees, shall be sent by the clerk to the treasurer of state at the	44040
next scheduled periodic remittance of tax payments, with	44041
information as the commissioner may require. The clerk may abate	44042
all or any part of any penalty assessed under this division.	44043

(F) In the following cases, the clerk shall accept for filing	44044
an application and shall issue a certificate of title without	44045
requiring payment or evidence of payment of the tax:	44046

(1) When the purchaser is this state or any of its political	44047
subdivisions, a church, or an organization whose purchases are	44048
exempted by section 5739.02 of the Revised Code;	44049

(2) When the transaction in this state is not a retail sale	44050
as defined by section 5739.01 of the Revised Code;	44051

(3) When the purchase is outside this state or in interstate	44052
commerce and the purpose of the purchaser is not to use, store, or	44053
consume within the meaning of section 5741.01 of the Revised Code;	44054

(4) When the purchaser is the federal government;

44055

(5) When the motor vehicle was purchased outside this state	44056
for use outside this state;	44057

(6) When the motor vehicle is purchased by a nonresident of	44058
~~this state for immediate removal from this state, and will be~~	44059
~~permanently titled and registered in another state, as provided by~~	44060
~~division (B)(23) of section 5739.02~~under the circumstances	44061
described in division (B)(1) of section 5739.029 of the Revised	44062
Code, and upon presentation of a copy of the affidavit provided by	44063
that section, and a copy of the exemption certificate provided by	44064
section 5739.03 of the Revised Code.	44065

(G) An application, as prescribed by the registrar and agreed	44066
to by the tax commissioner, shall be filled out and sworn to by	44067
the buyer of a motor vehicle in a casual sale. The application	44068
shall contain the following notice in bold lettering: "WARNING TO	44069
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	44070
law to state the true selling price. A false statement is in	44071
violation of section 2921.13 of the Revised Code and is punishable	44072
by six months' imprisonment or a fine of up to one thousand	44073
dollars, or both. All transfers are audited by the department of	44074
taxation. The seller and buyer must provide any information	44075
requested by the department of taxation. The buyer may be assessed	44076
any additional tax found to be due."	44077

(H) For sales of manufactured homes or mobile homes occurring	44078
on or after January 1, 2000, the clerk shall accept for filing,	44079
pursuant to Chapter 5739. of the Revised Code, an application for	44080
a certificate of title for a manufactured home or mobile home	44081
without requiring payment of any tax pursuant to section 5739.02,	44082
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	44083
issued by the tax commissioner showing payment of the tax. For	44084
sales of manufactured homes or mobile homes occurring on or after	44085
January 1, 2000, the applicant shall pay to the clerk an	44086
additional fee of five dollars for each certificate of title	44087
issued by the clerk for a manufactured or mobile home pursuant to	44088
division (H) of section 4505.11 of the Revised Code and for each	44089
certificate of title issued upon transfer of ownership of the	44090
home. The clerk shall credit the fee to the county certificate of	44091
title administration fund, and the fee shall be used to pay the	44092
expenses of archiving those certificates pursuant to division (A)	44093
of section 4505.08 and division (H)(3) of section 4505.11 of the	44094
Revised Code. The tax commissioner shall administer any tax on a	44095
manufactured or mobile home pursuant to Chapters 5739. and 5741.	44096
of the Revised Code.	44097

(I) Every clerk shall have the capability to transact by	44098
electronic means all procedures and transactions relating to the	44099
issuance of motor vehicle certificates of title that are described	44100
in the Revised Code as being accomplished by electronic means.	44101

Sec. 4508.10. (A) A driver training school shall issue a	44102
certificate of completion to each person who successfully	44103
completes a course of instruction necessary to obtain or maintain	44104
a driver's license. The department of public safety shall provide	44105
each driver training school with the certificate of completion	44106
forms.	44107

(B) The fee for each driver's license certificate of	44108
completion provided by the department to a driver training school	44109
is four dollars. The director of public safety shall deposit the	44110
fees collected under this section into the state treasury to the	44111
credit of the state highway safety fund created in section ~~4501.16~~	44112
4501.06 of the Revised Code.	44113

(C) As used in this section, "driver's license" has the same	44114
meaning as in section 4507.01 of the Revised Code.	44115

Sec. 4511.093. (A)(1) No law enforcement officer who stops	44116
the operator of a motor vehicle in the course of an authorized	44117
sobriety or other motor vehicle checkpoint operation or a motor	44118
vehicle safety inspection shall issue a ticket, citation, or	44119
summons for a secondary traffic offense unless in the course of	44120
the checkpoint operation or safety inspection the officer first	44121
determines that an offense other than a secondary traffic offense	44122
has occurred and either places the operator or a vehicle occupant	44123
under arrest or issues a ticket, citation, or summons to the	44124
operator or a vehicle occupant for an offense other than a	44125
secondary offense.	44126

(2) A law enforcement agency that operates a motor vehicle	44127
checkpoint for an express purpose related to a secondary traffic	44128
offense shall not issue a ticket, citation, or summons for any	44129
secondary traffic offense at such a checkpoint, but may use such a	44130
checkpoint operation to conduct a public awareness campaign and	44131
distribute information.	44132

(B) As used in this section, "secondary traffic offense"	44133
means a violation of division (A) or (F)(2) of section 4507.05,	44134
division (B)(1)(a) or (b) or (E) of section 4507.071, division (C)	44135
of section 4511.81, or division (B) of section 4513.263 of the	44136
Revised Code.	44137

Sec. 4513.241. (A) The director of public safety, in	44138
accordance with Chapter 119. of the Revised Code, shall adopt	44139
rules governing the use of tinted glass, and the use of	44140
transparent, nontransparent, translucent, and reflectorized	44141
materials in or on motor vehicle windshields, side windows,	44142
sidewings, and rear windows that prevent a person of normal vision	44143
looking into the motor vehicle from seeing or identifying persons	44144
or objects inside the motor vehicle.	44145

(B) The rules adopted under this section may provide for	44146
persons who meet either of the following qualifications:	44147

(1) On November 11, 1994, or the effective date of any rule	44148
adopted under this section, own a motor vehicle that does not	44149
conform to the requirements of this section or of any rule adopted	44150
under this section;	44151

(2) Establish residency in this state and are required to	44152
register a motor vehicle that does not conform to the requirements	44153
of this section or of any rule adopted under this section.	44154

(C) No person shall operate, on any highway or other public	44155
or private property open to the public for vehicular travel or	44156
parking, lease, or rent any motor vehicle that is registered in	44157
this state unless the motor vehicle conforms to the requirements	44158
of this section and of any applicable rule adopted under this	44159
section.	44160

(D) No person shall install in or on any motor vehicle, any	44161
glass or other material that fails to conform to the requirements	44162
of this section or of any rule adopted under this section.	44163

(E) No used motor vehicle dealer or new motor vehicle dealer,	44164
as defined in section 4517.01 of the Revised Code, shall sell any	44165
motor vehicle that fails to conform to the requirements of this	44166
section or of any rule adopted under this section.	44167

(F) No reflectorized materials shall be permitted upon or in	44168
any front windshield, side windows, sidewings, or rear window.	44169

(G) This section does not apply to the manufacturer's tinting	44170
or glazing of motor vehicle windows or windshields that is	44171
otherwise in compliance with or permitted by federal motor vehicle	44172
safety standard number two hundred five.	44173

(H) With regard to any side window behind a driver's seat or	44174
any rear window other than any window on an emergency door, this	44175
section does not apply to any school bus used to transport a	44176
~~handicapped~~ child with disabilities pursuant to ~~a special~~	44177
~~education program under~~ Chapter 3323. of the Revised Code, whom it	44178
is impossible or impractical to transport by regular school bus in	44179
the course of regular route transportation provided by a school	44180
district. As used in this division, "~~handicapped~~ child with	44181
disabilities" ~~and "special education program" have~~has the same	44182
~~meanings~~meaning as in section 3323.01 of the Revised Code.	44183

(I) This section does not apply to any school bus that is to	44184
be sold and operated outside this state.	44185

(J) Whoever violates division (C), (D), (E), or (F) of this	44186
section is guilty of a minor misdemeanor.	44187

Sec. 4513.263. (A) As used in this section and in section	44188
4513.99 of the Revised Code:	44189

(1) "Automobile" means any commercial tractor, passenger car,	44190
commercial car, or truck that is required to be factory-equipped	44191
with an occupant restraining device for the operator or any	44192
passenger by regulations adopted by the United States secretary of	44193
transportation pursuant to the "National Traffic and Motor Vehicle	44194
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	44195

(2) "Occupant restraining device" means a seat safety belt,	44196
shoulder belt, harness, or other safety device for restraining a	44197
person who is an operator of or passenger in an automobile and	44198
that satisfies the minimum federal vehicle safety standards	44199
established by the United States department of transportation.	44200

(3) "Passenger" means any person in an automobile, other than	44201
its operator, who is occupying a seating position for which an	44202
occupant restraining device is provided.	44203

(4) "Commercial tractor," "passenger car," and "commercial	44204
car" have the same meanings as in section 4501.01 of the Revised	44205
Code.	44206

(5) "Vehicle" and "motor vehicle," as used in the definitions	44207
of the terms set forth in division (A)(4) of this section, have	44208
the same meanings as in section 4511.01 of the Revised Code.	44209

(6) "Tort action" means a civil action for damages for	44210
injury, death, or loss to person or property. "Tort action"	44211
includes a product liability claim, as defined in section 2307.71	44212
of the Revised Code, and an asbestos claim, as defined in section	44213
2307.91 of the Revised Code, but does not include a civil action	44214
for damages for breach of contract or another agreement between	44215
persons.	44216

(B) No person shall do any of the following:

44217

(1) Operate an automobile on any street or highway unless	44218
that person is wearing all of the available elements of a properly	44219
adjusted occupant restraining device, or operate a school bus that	44220
has an occupant restraining device installed for use in its	44221
operator's seat unless that person is wearing all of the available	44222
elements of the device, as properly adjusted;	44223

(2) Operate an automobile on any street or highway unless	44224
each passenger in the automobile who is subject to the requirement	44225
set forth in division (B)(3) of this section is wearing all of the	44226
available elements of a properly adjusted occupant restraining	44227
device;	44228

(3) Occupy, as a passenger, a seating position on the front	44229
seat of an automobile being operated on any street or highway	44230
unless that person is wearing all of the available elements of a	44231
properly adjusted occupant restraining device;	44232

(4) Operate a taxicab on any street or highway unless all	44233
factory-equipped occupant restraining devices in the taxicab are	44234
maintained in usable form.	44235

(C) Division (B)(3) of this section does not apply to a	44236
person who is required by section 4511.81 of the Revised Code to	44237
be secured in a child restraint device. Division (B)(1) of this	44238
section does not apply to a person who is an employee of the	44239
United States postal service or of a newspaper home delivery	44240
service, during any period in which the person is engaged in the	44241
operation of an automobile to deliver mail or newspapers to	44242
addressees. Divisions (B)(1) and (3) of this section do not apply	44243
to a person who has an affidavit signed by a physician licensed to	44244
practice in this state under Chapter 4731. of the Revised Code or	44245
a chiropractor licensed to practice in this state under Chapter	44246
4734. of the Revised Code that states that the person has a	44247
physical impairment that makes use of an occupant restraining	44248
device impossible or impractical.	44249

(D) Notwithstanding any provision of law to the contrary, no	44250
law enforcement officer shall cause an operator of an automobile	44251
being operated on any street or highway to stop the automobile for	44252
the sole purpose of determining whether a violation of division	44253
(B) of this section has been or is being committed or for the sole	44254
purpose of issuing a ticket, citation, or summons for a violation	44255
of that nature or causing the arrest of or commencing a	44256
prosecution of a person for a violation of that nature, and no law	44257
enforcement officer shall view the interior or visually inspect	44258
any automobile being operated on any street or highway for the	44259
sole purpose of determining whether a violation of that nature has	44260
been or is being committed.	44261

(E) All fines collected for violations of division (B) of	44262
this section, or for violations of any ordinance or resolution of	44263
a political subdivision that is substantively comparable to that	44264
division, shall be forwarded to the treasurer of state for deposit	44265
as follows:	44266

(1) Eight per cent shall be deposited into the seat belt	44267
education fund, which is hereby created in the state treasury, and	44268
shall be used by the department of public safety to establish a	44269
seat belt education program.	44270

(2) Eight per cent shall be deposited into the elementary	44271
school program fund, which is hereby created in the state	44272
treasury, and shall be used by the department of public safety to	44273
establish and administer elementary school programs that encourage	44274
seat safety belt use.	44275

(3) Two per cent shall be deposited into the ~~Ohio medical~~	44276
~~transportation trust~~occupational licensing and regulatory fund	44277
created by section ~~4766.05~~4743.05 of the Revised Code.	44278

(4) Twenty-eight per cent shall be deposited into the trauma	44279
and emergency medical services fund, which is hereby created in	44280
the state treasury, and shall be used by the department of public	44281
safety for the administration of the division of emergency medical	44282
services and the state board of emergency medical services.	44283

(5) Fifty-four per cent shall be deposited into the trauma	44284
and emergency medical services grants fund, which is hereby	44285
created in the state treasury, and shall be used by the state	44286
board of emergency medical services to make grants, in accordance	44287
with section 4765.07 of the Revised Code and rules the board	44288
adopts under section 4765.11 of the Revised Code.	44289

(F)(1) Subject to division (F)(2) of this section, the	44290
failure of a person to wear all of the available elements of a	44291
properly adjusted occupant restraining device in violation of	44292
division (B)(1) or (3) of this section or the failure of a person	44293
to ensure that each minor who is a passenger of an automobile	44294
being operated by that person is wearing all of the available	44295
elements of a properly adjusted occupant restraining device in	44296
violation of division (B)(2) of this section shall not be	44297
considered or used by the trier of fact in a tort action as	44298
evidence of negligence or contributory negligence. But, the trier	44299
of fact may determine based on evidence admitted consistent with	44300
the Ohio ~~rules~~Rules of ~~evidence~~Evidence that the failure	44301
contributed to the harm alleged in the tort action and may	44302
diminish a recovery of compensatory damages that represents	44303
noneconomic loss, as defined in section 2307.011 of the Revised	44304
Code, in a tort action that could have been recovered but for the	44305
plaintiff's failure to wear all of the available elements of a	44306
properly adjusted occupant restraining device. Evidence of that	44307
failure shall not be used as a basis for a criminal prosecution of	44308
the person other than a prosecution for a violation of this	44309
section; and shall not be admissible as evidence in a criminal	44310
action involving the person other than a prosecution for a	44311
violation of this section.	44312

(2) If, at the time of an accident involving a passenger car	44313
equipped with occupant restraining devices, any occupant of the	44314
passenger car who sustained injury or death was not wearing an	44315
available occupant restraining device, was not wearing all of the	44316
available elements of such a device, or was not wearing such a	44317
device as properly adjusted, then, consistent with the Rules of	44318
Evidence, the fact that the occupant was not wearing the available	44319
occupant restraining device, was not wearing all of the available	44320
elements of such a device, or was not wearing such a device as	44321
properly adjusted is admissible in evidence in relation to any	44322
claim for relief in a tort action to the extent that the claim for	44323
relief satisfies all of the following:	44324

(a) It seeks to recover damages for injury or death to the	44325
occupant.	44326

(b) The defendant in question is the manufacturer, designer,	44327
distributor, or seller of the passenger car.	44328

(c) The claim for relief against the defendant in question is	44329
that the injury or death sustained by the occupant was enhanced or	44330
aggravated by some design defect in the passenger car or that the	44331
passenger car was not crashworthy.	44332

(G)(1) Whoever violates division (B)(1) of this section shall	44333
be fined thirty dollars.	44334

(2) Whoever violates division (B)(3) of this section shall be	44335
fined twenty dollars.	44336

(3) Except as otherwise provided in this division, whoever	44337
violates division (B)(4) of this section is guilty of a minor	44338
misdemeanor. If the offender previously has been convicted of or	44339
pleaded guilty to a violation of division (B)(4) of this section,	44340
whoever violates division (B)(4) of this section is guilty of a	44341
misdemeanor of the third degree.	44342

Sec. 4513.35. (A) All fines collected under sections 4511.01	44343
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code	44344
shall be paid into the county treasury and, with the exception of	44345
that portion distributed under section 3375.53 of the Revised	44346
Code, shall be placed to the credit of the fund for the	44347
maintenance and repair of the highways within that county, except	44348
that:	44349

(1) All fines for violations of division (B) of section	44350
4513.263 shall be delivered to the treasurer of state as provided	44351
in division (E) of section 4513.263 of the Revised Code.	44352

(2) All fines collected from, or moneys arising from bonds	44353
forfeited by, persons apprehended or arrested by state highway	44354
patrolmen shall be distributed as provided in section 5503.04 of	44355
the Revised Code.	44356

(3)(a) Subject to division (E) of section 4513.263 of the	44357
Revised Code and except as otherwise provided in division	44358
(A)(3)(b) of this section, one-half of all fines collected from,	44359
and one-half of all moneys arising from bonds forfeited by,	44360
persons apprehended or arrested by a township constable or other	44361
township police officer shall be paid to the township treasury to	44362
be placed to the credit of the general fund.	44363

(b) All fines collected from, and all moneys arising from	44364
bonds forfeited by, persons apprehended or arrested by a township	44365
constable or other township police officer pursuant to division	44366
(B)(2) of section 4513.39 of the Revised Code for a violation of	44367
section 4511.21 of the Revised Code or any other law, ordinance,	44368
or regulation pertaining to speed that occurred on a highway	44369
included as part of the interstate system, as defined in section	44370
5516.01 of the Revised Code, shall be paid into the county	44371
treasury and be credited as provided in the first paragraph of	44372
this section.	44373

(B) Notwithstanding any other provision of this section or of	44374
any other section of the Revised Code:	44375

(1) All fines collected from, and all moneys arising from	44376
bonds forfeited by, persons arrested under division (E)(1) or (2)	44377
of section 2935.03 of the Revised Code are deemed to be collected,	44378
and to arise, from arrests made within the jurisdiction in which	44379
the arresting officer is appointed, elected, or employed, for	44380
violations of one of the sections or chapters of the Revised Code	44381
listed in division (E)(1) of that section and shall be distributed	44382
accordingly.	44383

(2) All fines collected from, and all moneys arising from	44384
bonds forfeited by, persons arrested under division (E)(3) of	44385
section 2935.03 of the Revised Code are deemed to be collected,	44386
and to arise, from arrests made within the jurisdiction in which	44387
the arresting officer is appointed, elected, or employed, for	44388
violations of municipal ordinances that are substantially	44389
equivalent to one of the sections or one of the provisions of one	44390
of the chapters of the Revised Code listed in division (E)(1) of	44391
that section and for violations of one of the sections or one of	44392
the provisions of one of the chapters of the Revised Code listed	44393
in division (E)(1) of that section, and shall be distributed	44394
accordingly.	44395

Sec. 4517.261. A motor vehicle dealer may contract for and	44396
receive a documentary service charge for a retail or wholesale	44397
sale or lease of a motor vehicle. A documentary service charge	44398
shall be specified in writing without itemization of the	44399
individual services provided. A documentary service charge shall	44400
be not more than the lesser of the following:	44401

(A) The amount allowed in a retail installment sale;

44402

(B) Ten per cent of the amount the buyer or lessee is	44403
required to pay pursuant to the contract, excluding tax, title,	44404
and registration fees, and any negative equity adjustment.	44405

Sec. 4703.071. (A) The state board of examiners of	44406
architects shall establish and maintain and administer an	44407
architecture education assistance program to pay applicant	44408
enrollment fees for the internship program required of applicants	44409
by section 4703.07 of the Revised Code.	44410

(B) The board shall adopt rules in accordance with Chapter	44411
119. of the Revised Code to establish all of the following:	44412

(1) Applicant eligibility criteria for receipt of internship	44413
program enrollment fees, which must include a requirement that	44414
applicants be enrolled in an architecture education program at an	44415
institution within the state that has been approved by the board	44416
and accredited by the national architectural accrediting board,	44417
and may include a requirement that the applicant has completed a	44418
minimum amount of course work in the program as prescribed by the	44419
state board by rule;	44420

(2) Application procedures for payment of internship program	44421
enrollment fees;	44422

(3) The maximum amount of internship program enrollment fees	44423
that may be provided by the architecture education assistance	44424
program to an applicant;	44425

(4) The total amount of internship program enrollment fees	44426
that may be disbursed by the architecture education assistance	44427
program in any given fiscal year;	44428

(5) The means by which other matters incidental to the	44429
operation of the program may be approved, including the means to	44430
authorize necessary expenses for the operation of the architecture	44431
education assistance program.	44432

(C) The receipt of internship program enrollment fees under	44433
this section shall not affect a student's eligibility for any	44434
other assistance, or the amount of that assistance.	44435

Sec. 4715.251. Each person licensed to practice as a dental	44436
hygienist and required to register with the state dental board	44437
shall, each time hethe person applies for renewal of registration	44438
beginning in 1995, be currently certified to perform basic	44439
life-support procedures by having successfully completed a basic	44440
life-support training course certified by ~~either~~ the American red	44441
cross or, the American heart association, or, if determined	44442
equivalent by the board, the American safety and health institute.	44443
An applicant for renewal of registration shall certify on the	44444
application for renewal of registration prescribed by the board	44445
under section 4715.24 of the Revised Code that hethe applicant	44446
possesses the certification required by this section.	44447

The board shall, not later than one hundred eighty days after	44448
the effective date of this amendment, determine whether basic	44449
life-support training certified by the American safety and health	44450
institute meets national standards. The board shall compare the	44451
training certified by the institute with the training certified by	44452
the American red cross and the American heart association and the	44453
training of instructors certified by the institute to the training	44454
of instructors certified by the American red cross and the	44455
American heart association.	44456

If the board determines that the training certified by the	44457
American safety and health institute meets national standards and	44458
is equivalent to the training certified by the American red cross	44459
and the American heart association, the board shall accept	44460
training certified by the American safety and health institute in	44461
fulfillment of the requirements of this section.	44462

Sec. 4717.07. (A) The board of embalmers and funeral	44463
directors shall charge and collect the following fees:	44464

(1) For the initial issuance or biennial renewal of an	44465
embalmer's or funeral director's license, one hundred forty	44466
dollars;	44467

(2) For the issuance of an embalmer or funeral director	44468
registration, twenty-five dollars;	44469

(3) For filing an embalmer or funeral director certificate of	44470
apprenticeship, ten dollars;	44471

(4) For the application to take the examination for a license	44472
to practice as an embalmer or funeral director, or to retake a	44473
section of the examination, thirty-five dollars;	44474

(5) For the initial issuance of a license to operate a	44475
funeral home, two hundred fifty dollars and biennial renewal of a	44476
license to operate a funeral home, two hundred fifty dollars;	44477

(6) For the reinstatement of a lapsed embalmer's or funeral	44478
director's license, the renewal fee prescribed in division	44479
(A)~~(5)~~(1) of this section plus fifty dollars for each month or	44480
portion of a month the license is lapsed until reinstatement;	44481

(7) For the reinstatement of a lapsed license to operate a	44482
funeral home, the renewal fee prescribed in division (A)~~(6)~~(5) of	44483
this section plus fifty dollars for each month or portion of a	44484
month the license is lapsed until reinstatement;	44485

(8) For the initial issuance of a license to operate an	44486
embalming facility, two hundred dollars and biennial renewal of a	44487
license to operate an embalming facility, two hundred dollars;	44488

(9) For the reinstatement of a lapsed license to operate an	44489
embalming facility, the renewal fee prescribed in division	44490
(A)~~(9)~~(8) of this section plus fifty dollars for each month or	44491
portion of a month the license is lapsed until reinstatement;	44492

(10) For the initial issuance of a license to operate a	44493
crematory facility, two hundred dollars and biennial renewal of a	44494
license to operate a crematory facility, two hundred dollars;	44495

(11) For the reinstatement of a lapsed license to operate a	44496
crematory facility, the renewal fee prescribed in division	44497
(A)~~(11)~~(10) of this section plus fifty dollars for each month or	44498
portion of a month the license is lapsed until reinstatement;	44499

(12) For the issuance of a duplicate of a license issued	44500
under this chapter, four dollars.	44501

(B) In addition to the fees set forth in division (A) of this	44502
section, an applicant shall pay the examination fee assessed by	44503
any examining agency the board uses for any section of an	44504
examination required under this chapter.	44505

(C) Subject to the approval of the controlling board, the	44506
board of embalmers and funeral directors may establish fees in	44507
excess of the amounts set forth in this section, provided that	44508
these fees do not exceed the amounts set forth in this section by	44509
more than fifty per cent.	44510

Sec. 4723.32. This chapter does not prohibit any of the	44511
following:	44512

(A) The practice of nursing by a student currently enrolled	44513
in and actively pursuing completion of a prelicensure nursing	44514
education program ~~approved by the board of nursing~~, if all of the	44515
following are the case:	44516

(1) The student is participating in a program located in this	44517
state and approved by the board of nursing or participating in	44518
this state in a component of a program located in another	44519
jurisdiction and approved by a board that is a member of the	44520
national council of state boards of nursing;	44521

(2) The student's practice is under the auspices of the	44522
program ~~and the~~;	44523

(3) The student acts under the supervision of a registered	44524
nurse serving for the program as a faculty member or teaching	44525
assistant;.	44526

(B) The rendering of medical assistance to a licensed	44527
physician, licensed dentist, or licensed podiatrist by a person	44528
under the direction, supervision, and control of such licensed	44529
physician, dentist, or podiatrist;	44530

(C) The activities of persons employed as nursing aides,	44531
attendants, orderlies, or other auxiliary workers in patient	44532
homes, nurseries, nursing homes, hospitals, home health agencies,	44533
or other similar institutions;	44534

(D) The provision of nursing services to family members or in	44535
emergency situations;	44536

(E) The care of the sick when done in connection with the	44537
practice of religious tenets of any church and by or for its	44538
members;	44539

(F) The practice of nursing as a certified registered nurse	44540
anesthetist, clinical nurse specialist, certified nurse-midwife,	44541
or certified nurse practitioner by a student currently enrolled in	44542
and actively pursuing completion of a program of study leading to	44543
initial authorization by the board of nursing to practice nursing	44544
in the specialty, if ~~both~~all of the following are the case:	44545

(1) The program qualifies the student to sit for the	44546
examination of a national certifying organization listed in	44547
division (A)(3) of section 4723.41 of the Revised Code or approved	44548
by the board under section 4723.46 of the Revised Code or the	44549
program prepares the student to receive a master's degree in	44550
accordance with division (A)(2) of section 4723.41 of the Revised	44551
Code;	44552

(2) The student's practice is under the auspices of the	44553
program ~~and the~~;	44554

(3) The student acts under the supervision of a registered	44555
nurse serving for the program as a faculty member, teaching	44556
assistant, or preceptor.	44557

(G) The activities of an individual who currently holds a	44558
license to practice nursing in another jurisdiction, if the	44559
individual's license has not been revoked, the individual is not	44560
currently under suspension or on probation, the individual does	44561
not represent the individual as being licensed under this chapter,	44562
and one of the following is the case:	44563

(1) The individual is engaging in the practice of nursing by	44564
discharging official duties while employed by or under contract	44565
with the United States government or any agency thereof;	44566

(2) The individual is engaging in the practice of nursing as	44567
an employee of an individual, agency, or corporation located in	44568
the other jurisdiction in a position with employment	44569
responsibilities that include transporting patients into, out of,	44570
or through this state, as long as each trip in this state does not	44571
exceed seventy-two hours;	44572

(3) The individual is consulting with an individual licensed	44573
in this state to practice any health-related profession;	44574

(4) The individual is engaging in activities associated with	44575
teaching in this state as a guest lecturer at or for a nursing	44576
education program, continuing nursing education program, or	44577
in-service presentation;	44578

(5) The individual is conducting evaluations of nursing care	44579
that are undertaken on behalf of an accrediting organization,	44580
including the national league for nursing accrediting committee,	44581
the joint commission on accreditation of healthcare organizations,	44582
or any other nationally recognized accrediting organization;	44583

(6) The individual is providing nursing care to an individual	44584
who is in this state on a temporary basis, not to exceed six	44585
months in any one calendar year, if the nurse is directly employed	44586
by or under contract with the individual or a guardian or other	44587
person acting on the individual's behalf;	44588

(7) The individual is providing nursing care during any	44589
disaster, natural or otherwise, that has been officially declared	44590
to be a disaster by a public announcement issued by an appropriate	44591
federal, state, county, or municipal official.	44592

(H) The administration of medication by an individual who	44593
holds a valid medication aide certificate issued under this	44594
chapter, if the medication is administered to a resident of a	44595
nursing home or residential care facility authorized by section	44596
4723.63 or 4723.64 of the Revised Code to use a certified	44597
medication aide and the medication is administered in accordance	44598
with section 4723.67 of the Revised Code.	44599

Sec. 4723.621. The medication aide advisory council created	44600
under section 4723.62 of the Revised Code shall make	44601
recommendations to the board of nursing with respect to all of the	44602
following:	44603

(A) The design and operation of the medication aide pilot	44604
program conducted under section 4723.63 of the Revised Code,	44605
including a method of collecting data through reports submitted by	44606
participating nursing homes and residential care facilities;	44607

(B) The content of the course of instruction required to	44608
obtain certification as a medication aide, including the	44609
examination to be used to evaluate the ability to administer	44610
prescription medications safely and the score that must be	44611
attained to pass the examination;	44612

(C) Whether medication aides may administer prescription	44613
medications through a gastrostomy or jejunostomy tube and the	44614
amount and type of training a medication aide needs to be	44615
adequately prepared to administer prescription medications through	44616
a gastrostomy or jejunostomy tube;	44617

(D) Protection of the health and welfare of the residents of	44618
nursing homes and residential care facilities participating in the	44619
pilot program and using medication aides pursuant to section	44620
4723.64 of the Revised Code ~~on or after July 1, 2007~~;	44621

(E) The board's adoption of rules under section 4723.69 of	44622
the Revised Code;	44623

(F) Any other issue the council considers relevant to the use	44624
of medication aides in nursing homes and residential care	44625
facilities.	44626

Sec. 4723.63. (A) In consultation with the medication aide	44627
advisory council established under section 4723.62 of the Revised	44628
Code, the board of nursing shall conduct a pilot program for the	44629
use of medication aides in nursing homes and residential care	44630
facilities. The board shall conduct the pilot program in a manner	44631
consistent with human protection and other ethical concerns	44632
typically associated with research studies involving live	44633
subjects. The pilot program shall be commenced not later than May	44634
1, 2006, and shall ~~be conducted until July 1, 2007~~end on the	44635
thirty-first day after the report required by division (F)(2) of	44636
this section is submitted in accordance with that division.	44637

During the period the pilot program is conducted, a nursing	44638
home or residential care facility participating in the pilot	44639
program may use one or more medication aides to administer	44640
prescription medications to its residents, subject to ~~both~~all of	44641
the following conditions:	44642

(1) Each individual used as a medication aide must hold a	44643
current, valid medication aide certificate issued by the board of	44644
nursing under this chapter.	44645

(2) The nursing home or residential care facility shall	44646
ensure that the requirements of section 4723.67 of the Revised	44647
Code are met.	44648

(3) The nursing home or residential care facility shall	44649
submit to the board, not later than the thirty-first day after the	44650
day the board makes its request under division (F)(1)(a) of this	44651
section, the data required by division (F)(1)(a) of this section.	44652

(B) The board, in consultation with the medication aide	44653
advisory council, shall do all of the following not later than	44654
February 1, 2006:	44655

(1) Design the pilot program;

44656

(2) Establish standards to govern medication aides and the	44657
nursing homes and residential care facilities participating in the	44658
pilot program, including standards for the training of medication	44659
aides and the staff of participating nursing homes and residential	44660
care facilities;	44661

(3) Establish standards to protect the health and safety of	44662
the residents of the nursing homes and residential care facilities	44663
participating in the program;	44664

(4) Implement a process for selecting the nursing homes and	44665
residential care facilities to participate in the program.	44666

(C)(1) A nursing home or residential care facility may	44667
volunteer to participate in the pilot program by submitting an	44668
application to the board on a form prescribed and provided by the	44669
board. From among the applicants, the board shall select eighty	44670
nursing homes and forty residential care facilities to participate	44671
in the pilot program. When the board denies an application, it	44672
shall notify, in writing, the president and minority leader of the	44673
senate and the speaker and minority leader of the house of	44674
representatives of the denial and the reasons for the denial.	44675

(2) To be eligible to participate, a nursing home or	44676
residential care facility shall agree to observe the standards	44677
established by the board for the use of medication aides. A	44678
nursing home is eligible to participate only if the department of	44679
health has found in the ~~two~~ most recent ~~surveys~~survey or	44680
~~inspections~~inspection of the home that the home is free from	44681
deficiencies related to the administration of medication. A	44682
residential care facility is eligible to participate only if the	44683
department has found that the facility is free from deficiencies	44684
related to the provision of skilled nursing care or the	44685
administration of medication.	44686

(D) As a condition of participation in the pilot program, a	44687
nursing home and residential care facility selected by the board	44688
shall pay the participation fee established in rules adopted under	44689
section 4723.69 of the Revised Code. The participation fee is not	44690
reimbursable under the medicaid program established under Chapter	44691
5111. of the Revised Code.	44692

(E) On receipt of evidence found credible by the board that	44693
continued participation by a nursing home or residential care	44694
facility poses an imminent danger, risk of serious harm, or	44695
jeopardy to a resident of the home or facility, the board may	44696
terminate the authority of the home or facility to participate in	44697
the pilot program.	44698

(F)(1) With the assistance of the medication aide advisory	44699
council, the board shall conduct an evaluation of the pilot	44700
program. In conducting the evaluation, the board shall do all of	44701
the following:	44702

(a) Request from each nursing home and residential care	44703
facility participating in the pilot program, on the ninety-first	44704
day after the day the board issues a medication aide certificate	44705
under section 4723.651 of the Revised Code to the seventy-fifth	44706
individual, the data the board requires participating nursing	44707
homes and residential care facilities to report under rules the	44708
board adopts under section 4723.69 of the Revised Code.	44709

(b) Assess whether medication aides are able to administer	44710
prescription medications safely to nursing home and residential	44711
care facility residents;	44712

~~(b)~~(c) Determine the financial implications of using	44713
medication aides in nursing homes and residential care facilities;	44714

~~(c)~~(d) Consider any other issue the board or council	44715
considers relevant to the evaluation.	44716

(2) Not later than ~~March 1, 2007~~the one hundred eighty-first	44717
day after the day the board issues a medication aide certificate	44718
under section 4723.651 of the Revised Code to the seventy-fifth	44719
individual, the board shall prepare a report of its findings and	44720
recommendations derived from the evaluation of the pilot program.	44721
The board shall submit the report to the governor, president and	44722
minority leader of the senate, speaker and minority leader of the	44723
house of representatives, and director of health.	44724

(G) The board shall, on the day it issues a medication aide	44725
certificate to the seventy-fifth individual, post a notice on its	44726
web site indicating the date on which any nursing home or	44727
residential care facility may use medication aides in accordance	44728
with section 4723.64 of the Revised Code.	44729

Sec. 4723.64. On and after ~~July 1, 2007~~the thirty-first day	44730
following the board of nursing's submission of the report required	44731
by division (F)(2) of section 4723.63 of the Revised Code, any	44732
nursing home or residential care facility may use one or more	44733
medication aides to administer prescription medications to its	44734
residents, subject to both of the following conditions:	44735

(A) Each individual used as a medication aide must hold a	44736
current, valid medication aide certificate issued by the board of	44737
nursing under this chapter.	44738

(B) The nursing home or residential care facility shall	44739
ensure that the requirements of section 4723.67 of the Revised	44740
Code are met.	44741

Sec. 4723.65. (A) An individual seeking certification as a	44742
medication aide shall apply to the board of nursing on a form	44743
prescribed and provided by the board. If the application is	44744
submitted on or after ~~July 1, 2007~~the day any nursing home or	44745
residential care facility may initially use medication aides as	44746
specified in section 4723.64 of the Revised Code, the application	44747
shall be accompanied by the certification fee established in rules	44748
adopted under section 4723.69 of the Revised Code.	44749

(B)(1) Except as provided in division (B)(2) of this section,	44750
an applicant for a medication aide certificate shall submit a	44751
request to the bureau of criminal identification and investigation	44752
for a criminal records check. The request shall be on the form	44753
prescribed pursuant to division (C)(1) of section 109.572 of the	44754
Revised Code and shall be accompanied by a standard impression	44755
sheet to obtain fingerprints prescribed pursuant to division	44756
(C)(2) of that section. The request shall also be accompanied by	44757
the fee prescribed pursuant to division (C)(3) of section 109.572	44758
of the Revised Code. On receipt of the completed form, the	44759
completed impression sheet, and the fee, the bureau shall conduct	44760
a criminal records check of the applicant. On completion of the	44761
criminal records check, the bureau shall send the results of the	44762
check to the board. An applicant requesting a criminal records	44763
check under this division who has not lived in this state for at	44764
least five years shall ask the superintendent of the bureau of	44765
criminal identification and investigation to also request that the	44766
federal bureau of investigation provide the superintendent with	44767
any information it has with respect to the applicant.	44768

(2) If a criminal records check of an applicant was completed	44769
pursuant to section 3721.121 of the Revised Code not more than	44770
five years prior to the date the application is submitted, the	44771
applicant may include a certified copy of the criminal records	44772
check completed pursuant to that section and is not required to	44773
comply with division (B)(1) of this section.	44774

(3) A criminal records check provided to the board in	44775
accordance with division (B)(1) or (B)(2) of this section shall	44776
not be made available to any person or for any purpose other than	44777
the following:	44778

(a) The results may be made available to any person for use	44779
in determining whether the individual who is the subject of the	44780
check should be issued a medication aide certificate.	44781

(b) The results may be made available to the person who is	44782
the subject of the check or a representative of that person.	44783

Sec. 4723.66. (A) A person or government entity seeking	44784
approval to provide a medication aide training program shall apply	44785
to the board of nursing on a form prescribed and provided by the	44786
board. If the application is submitted on or after ~~July 1, 2007~~	44787
the day any nursing home or residential care facility may	44788
initially use medication aides as specified in section 4723.64 of	44789
the Revised Code, the application shall be accompanied by the fee	44790
established in rules adopted under section 4723.69 of the Revised	44791
Code.	44792

(B) The board shall approve the applicant to provide a	44793
medication aide training program if the content of the course of	44794
instruction to be provided by the program meets the standards	44795
specified by the board in rules adopted under section 4723.69 of	44796
the Revised Code and includes all of the following:	44797

(1) At least seventy clock-hours of instruction, including	44798
both classroom instruction on medication administration and at	44799
least twenty clock-hours of supervised clinical practice in	44800
medication administration;	44801

(2) A mechanism for evaluating whether an individual's	44802
reading, writing, and mathematical skills are sufficient for the	44803
individual to be able to administer prescription medications	44804
safely;	44805

(3) An examination that tests the ability to administer	44806
prescription medications safely and that meets the requirements	44807
established by the board in rules adopted under section 4723.69 of	44808
the Revised Code.	44809

(C) The board may deny, suspend, or revoke the approval	44810
granted to the provider of a medication aide training program for	44811
reasons specified in rules adopted under section 4723.69 of the	44812
Revised Code. All actions taken by the board to deny, suspend, or	44813
revoke the approval of a training program shall be taken in	44814
accordance with Chapter 119. of the Revised Code.	44815

Sec. 4731.053. (A) As used in this section, "physician"	44816
means an individual authorized by this chapter to practice	44817
medicine and surgery, osteopathic medicine and surgery, or	44818
podiatric medicine and surgery.	44819

(B) The state medical board shall adopt rules that establish	44820
standards to be met and procedures to be followed by a physician	44821
with respect to the physician's delegation of the performance of a	44822
medical task to a person who is not licensed or otherwise	44823
specifically authorized by the Revised Code to perform the task.	44824
The rules shall be adopted in accordance with Chapter 119. of the	44825
Revised Code and shall include a coroner's investigator among the	44826
individuals who are competent to recite the facts of a deceased	44827
person's medical condition to a physician so that the physician	44828
may pronounce the person dead without personally examining the	44829
body.	44830

(C) To the extent that delegation applies to the	44831
administration of drugs, the rules adopted under this section	44832
shall provide for all of the following:	44833

(1) On-site supervision when the delegation occurs in an	44834
institution or other facility that is used primarily for the	44835
purpose of providing health care, unless the board establishes a	44836
specific exception to the on-site supervision requirement with	44837
respect to routine administration of a topical drug, such as the	44838
use of a medicated shampoo;	44839

(2) Evaluation of whether delegation is appropriate according	44840
to the acuity of the patient involved;	44841

(3) Training and competency requirements that must be met by	44842
the person administering the drugs;	44843

(4) Other standards and procedures the board considers	44844
relevant.	44845

(D) The board shall not adopt rules that do any of the	44846
following:	44847

(1) Authorize a physician to transfer the physician's	44848
responsibility for supervising a person who is performing a	44849
delegated medical task to a health professional other than another	44850
physician;	44851

(2) Authorize an individual to whom a medical task is	44852
delegated to delegate the performance of that task to another	44853
individual;	44854

(3) Except as provided in divisions (D)(4) to (7) of this	44855
section, authorize a physician to delegate the administration of	44856
anesthesia, controlled substances, drugs administered	44857
intravenously, or any other drug or category of drug the board	44858
considers to be inappropriate for delegation;	44859

(4) Prevent an individual from engaging in an activity	44860
performed for a ~~handicapped~~ child with a disability as a service	44861
needed to meet the educational needs of the child, as identified	44862
in the individualized education program developed for the child	44863
under Chapter 3323. of the Revised Code;	44864

(5) Conflict with any provision of the Revised Code that	44865
specifically authorizes an individual to perform a particular	44866
task;	44867

(6) Conflict with any rule adopted pursuant to the Revised	44868
Code that is in effect on April 10, 2001, as long as the rule	44869
remains in effect, specifically authorizing an individual to	44870
perform a particular task;	44871

(7) Prohibit a perfusionist from administering drugs	44872
intravenously while practicing as a perfusionist;	44873

(8) Authorize a physician assistant, anesthesiologist	44874
assistant, or any other professional regulated by the board to	44875
delegate tasks pursuant to this section.	44876

Sec. 4731.142. (A) Except as provided in division (B) of	44877
this section, an individual must demonstrate proficiency in spoken	44878
English, by passing an examination specified by the state medical	44879
board, to receive a certificate to practice issued under section	44880
4731.14 of the Revised Code if the individual's eligibility for	44881
the certificate is based in part on certification from the	44882
educational commission for foreign medical graduates and	44883
fulfillment of the undergraduate requirements established by	44884
section 4731.09 of the Revised Code at an institution outside the	44885
United States. ~~The individual may demonstrate such proficiency by~~	44886
~~obtaining a score of forty or higher on the test of spoken English~~	44887
~~conducted by the educational testing service~~The board shall adopt	44888
rules specifying an acceptable examination and establishing the	44889
minimum score that demonstrates proficiency in spoken English.	44890

(B) An individual is not required to demonstrate proficiency	44891
in spoken English in accordance with division (A) of this section	44892
if the individual was required to demonstrate such proficiency as	44893
a condition of certification from the educational commission for	44894
foreign medical graduates.	44895

Sec. 4731.22. (A) The state medical board, by an affirmative	44896
vote of not fewer than six of its members, may revoke or may	44897
refuse to grant a certificate to a person found by the board to	44898
have committed fraud during the administration of the examination	44899
for a certificate to practice or to have committed fraud,	44900
misrepresentation, or deception in applying for or securing any	44901
certificate to practice or certificate of registration issued by	44902
the board.	44903

(B) The board, by an affirmative vote of not fewer than six	44904
members, shall, to the extent permitted by law, limit, revoke, or	44905
suspend an individual's certificate to practice, refuse to	44906
register an individual, refuse to reinstate a certificate, or	44907
reprimand or place on probation the holder of a certificate for	44908
one or more of the following reasons:	44909

(1) Permitting one's name or one's certificate to practice or	44910
certificate of registration to be used by a person, group, or	44911
corporation when the individual concerned is not actually	44912
directing the treatment given;	44913

(2) Failure to maintain minimal standards applicable to the	44914
selection or administration of drugs, or failure to employ	44915
acceptable scientific methods in the selection of drugs or other	44916
modalities for treatment of disease;	44917

(3) Selling, giving away, personally furnishing, prescribing,	44918
or administering drugs for other than legal and legitimate	44919
therapeutic purposes or a plea of guilty to, a judicial finding of	44920
guilt of, or a judicial finding of eligibility for intervention in	44921
lieu of conviction of, a violation of any federal or state law	44922
regulating the possession, distribution, or use of any drug;	44923

(4) Willfully betraying a professional confidence.

44924

For purposes of this division, "willfully betraying a	44925
professional confidence" does not include providing any	44926
information, documents, or reports to a child fatality review	44927
board under sections 307.621 to 307.629 of the Revised Code and	44928
does not include the making of a report of an employee's use of a	44929
drug of abuse, or a report of a condition of an employee other	44930
than one involving the use of a drug of abuse, to the employer of	44931
the employee as described in division (B) of section 2305.33 of	44932
the Revised Code. Nothing in this division affects the immunity	44933
from civil liability conferred by that section upon a physician	44934
who makes either type of report in accordance with division (B) of	44935
that section. As used in this division, "employee," "employer,"	44936
and "physician" have the same meanings as in section 2305.33 of	44937
the Revised Code.	44938

(5) Making a false, fraudulent, deceptive, or misleading	44939
statement in the solicitation of or advertising for patients; in	44940
relation to the practice of medicine and surgery, osteopathic	44941
medicine and surgery, podiatric medicine and surgery, or a limited	44942
branch of medicine; or in securing or attempting to secure any	44943
certificate to practice or certificate of registration issued by	44944
the board.	44945

As used in this division, "false, fraudulent, deceptive, or	44946
misleading statement" means a statement that includes a	44947
misrepresentation of fact, is likely to mislead or deceive because	44948
of a failure to disclose material facts, is intended or is likely	44949
to create false or unjustified expectations of favorable results,	44950
or includes representations or implications that in reasonable	44951
probability will cause an ordinarily prudent person to	44952
misunderstand or be deceived.	44953

(6) A departure from, or the failure to conform to, minimal	44954
standards of care of similar practitioners under the same or	44955
similar circumstances, whether or not actual injury to a patient	44956
is established;	44957

(7) Representing, with the purpose of obtaining compensation	44958
or other advantage as personal gain or for any other person, that	44959
an incurable disease or injury, or other incurable condition, can	44960
be permanently cured;	44961

(8) The obtaining of, or attempting to obtain, money or	44962
anything of value by fraudulent misrepresentations in the course	44963
of practice;	44964

(9) A plea of guilty to, a judicial finding of guilt of, or a	44965
judicial finding of eligibility for intervention in lieu of	44966
conviction for, a felony;	44967

(10) Commission of an act that constitutes a felony in this	44968
state, regardless of the jurisdiction in which the act was	44969
committed;	44970

(11) A plea of guilty to, a judicial finding of guilt of, or	44971
a judicial finding of eligibility for intervention in lieu of	44972
conviction for, a misdemeanor committed in the course of practice;	44973

(12) Commission of an act in the course of practice that	44974
constitutes a misdemeanor in this state, regardless of the	44975
jurisdiction in which the act was committed;	44976

(13) A plea of guilty to, a judicial finding of guilt of, or	44977
a judicial finding of eligibility for intervention in lieu of	44978
conviction for, a misdemeanor involving moral turpitude;	44979

(14) Commission of an act involving moral turpitude that	44980
constitutes a misdemeanor in this state, regardless of the	44981
jurisdiction in which the act was committed;	44982

(15) Violation of the conditions of limitation placed by the	44983
board upon a certificate to practice;	44984

(16) Failure to pay license renewal fees specified in this	44985
chapter;	44986

(17) Except as authorized in section 4731.31 of the Revised	44987
Code, engaging in the division of fees for referral of patients,	44988
or the receiving of a thing of value in return for a specific	44989
referral of a patient to utilize a particular service or business;	44990

(18) Subject to section 4731.226 of the Revised Code,	44991
violation of any provision of a code of ethics of the American	44992
medical association, the American osteopathic association, the	44993
American podiatric medical association, or any other national	44994
professional organizations that the board specifies by rule. The	44995
state medical board shall obtain and keep on file current copies	44996
of the codes of ethics of the various national professional	44997
organizations. The individual whose certificate is being suspended	44998
or revoked shall not be found to have violated any provision of a	44999
code of ethics of an organization not appropriate to the	45000
individual's profession.	45001

For purposes of this division, a "provision of a code of	45002
ethics of a national professional organization" does not include	45003
any provision that would preclude the making of a report by a	45004
physician of an employee's use of a drug of abuse, or of a	45005
condition of an employee other than one involving the use of a	45006
drug of abuse, to the employer of the employee as described in	45007
division (B) of section 2305.33 of the Revised Code. Nothing in	45008
this division affects the immunity from civil liability conferred	45009
by that section upon a physician who makes either type of report	45010
in accordance with division (B) of that section. As used in this	45011
division, "employee," "employer," and "physician" have the same	45012
meanings as in section 2305.33 of the Revised Code.	45013

(19) Inability to practice according to acceptable and	45014
prevailing standards of care by reason of mental illness or	45015
physical illness, including, but not limited to, physical	45016
deterioration that adversely affects cognitive, motor, or	45017
perceptive skills.	45018

In enforcing this division, the board, upon a showing of a	45019
possible violation, may compel any individual authorized to	45020
practice by this chapter or who has submitted an application	45021
pursuant to this chapter to submit to a mental examination,	45022
physical examination, including an HIV test, or both a mental and	45023
a physical examination. The expense of the examination is the	45024
responsibility of the individual compelled to be examined. Failure	45025
to submit to a mental or physical examination or consent to an HIV	45026
test ordered by the board constitutes an admission of the	45027
allegations against the individual unless the failure is due to	45028
circumstances beyond the individual's control, and a default and	45029
final order may be entered without the taking of testimony or	45030
presentation of evidence. If the board finds an individual unable	45031
to practice because of the reasons set forth in this division, the	45032
board shall require the individual to submit to care, counseling,	45033
or treatment by physicians approved or designated by the board, as	45034
a condition for initial, continued, reinstated, or renewed	45035
authority to practice. An individual affected under this division	45036
shall be afforded an opportunity to demonstrate to the board the	45037
ability to resume practice in compliance with acceptable and	45038
prevailing standards under the provisions of the individual's	45039
certificate. For the purpose of this division, any individual who	45040
applies for or receives a certificate to practice under this	45041
chapter accepts the privilege of practicing in this state and, by	45042
so doing, shall be deemed to have given consent to submit to a	45043
mental or physical examination when directed to do so in writing	45044
by the board, and to have waived all objections to the	45045
admissibility of testimony or examination reports that constitute	45046
a privileged communication.	45047

(20) Except when civil penalties are imposed under section	45048
4731.225 or 4731.281 of the Revised Code, and subject to section	45049
4731.226 of the Revised Code, violating or attempting to violate,	45050
directly or indirectly, or assisting in or abetting the violation	45051
of, or conspiring to violate, any provisions of this chapter or	45052
any rule promulgated by the board.	45053

This division does not apply to a violation or attempted	45054
violation of, assisting in or abetting the violation of, or a	45055
conspiracy to violate, any provision of this chapter or any rule	45056
adopted by the board that would preclude the making of a report by	45057
a physician of an employee's use of a drug of abuse, or of a	45058
condition of an employee other than one involving the use of a	45059
drug of abuse, to the employer of the employee as described in	45060
division (B) of section 2305.33 of the Revised Code. Nothing in	45061
this division affects the immunity from civil liability conferred	45062
by that section upon a physician who makes either type of report	45063
in accordance with division (B) of that section. As used in this	45064
division, "employee," "employer," and "physician" have the same	45065
meanings as in section 2305.33 of the Revised Code.	45066

(21) The violation of section 3701.79 of the Revised Code or	45067
of any abortion rule adopted by the public health council pursuant	45068
to section 3701.341 of the Revised Code;	45069

(22) Any of the following actions taken by the agency	45070
responsible for regulating the practice of medicine and surgery,	45071
osteopathic medicine and surgery, podiatric medicine and surgery,	45072
or the limited branches of medicine in another jurisdiction, for	45073
any reason other than the nonpayment of fees: the limitation,	45074
revocation, or suspension of an individual's license to practice;	45075
acceptance of an individual's license surrender; denial of a	45076
license; refusal to renew or reinstate a license; imposition of	45077
probation; or issuance of an order of censure or other reprimand;	45078

(23) The violation of section 2919.12 of the Revised Code or	45079
the performance or inducement of an abortion upon a pregnant woman	45080
with actual knowledge that the conditions specified in division	45081
(B) of section 2317.56 of the Revised Code have not been satisfied	45082
or with a heedless indifference as to whether those conditions	45083
have been satisfied, unless an affirmative defense as specified in	45084
division (H)(2) of that section would apply in a civil action	45085
authorized by division (H)(1) of that section;	45086

(24) The revocation, suspension, restriction, reduction, or	45087
termination of clinical privileges by the United States department	45088
of defense or department of veterans affairs or the termination or	45089
suspension of a certificate of registration to prescribe drugs by	45090
the drug enforcement administration of the United States	45091
department of justice;	45092

(25) Termination or suspension from participation in the	45093
medicare or medicaid programs by the department of health and	45094
human services or other responsible agency for any act or acts	45095
that also would constitute a violation of division (B)(2), (3),	45096
(6), (8), or (19) of this section;	45097

(26) Impairment of ability to practice according to	45098
acceptable and prevailing standards of care because of habitual or	45099
excessive use or abuse of drugs, alcohol, or other substances that	45100
impair ability to practice.	45101

For the purposes of this division, any individual authorized	45102
to practice by this chapter accepts the privilege of practicing in	45103
this state subject to supervision by the board. By filing an	45104
application for or holding a certificate to practice under this	45105
chapter, an individual shall be deemed to have given consent to	45106
submit to a mental or physical examination when ordered to do so	45107
by the board in writing, and to have waived all objections to the	45108
admissibility of testimony or examination reports that constitute	45109
privileged communications.	45110

If it has reason to believe that any individual authorized to	45111
practice by this chapter or any applicant for certification to	45112
practice suffers such impairment, the board may compel the	45113
individual to submit to a mental or physical examination, or both.	45114
The expense of the examination is the responsibility of the	45115
individual compelled to be examined. Any mental or physical	45116
examination required under this division shall be undertaken by a	45117
treatment provider or physician who is qualified to conduct the	45118
examination and who is chosen by the board.	45119

Failure to submit to a mental or physical examination ordered	45120
by the board constitutes an admission of the allegations against	45121
the individual unless the failure is due to circumstances beyond	45122
the individual's control, and a default and final order may be	45123
entered without the taking of testimony or presentation of	45124
evidence. If the board determines that the individual's ability to	45125
practice is impaired, the board shall suspend the individual's	45126
certificate or deny the individual's application and shall require	45127
the individual, as a condition for initial, continued, reinstated,	45128
or renewed certification to practice, to submit to treatment.	45129

Before being eligible to apply for reinstatement of a	45130
certificate suspended under this division, the impaired	45131
practitioner shall demonstrate to the board the ability to resume	45132
practice in compliance with acceptable and prevailing standards of	45133
care under the provisions of the practitioner's certificate. The	45134
demonstration shall include, but shall not be limited to, the	45135
following:	45136

(a) Certification from a treatment provider approved under	45137
section 4731.25 of the Revised Code that the individual has	45138
successfully completed any required inpatient treatment;	45139

(b) Evidence of continuing full compliance with an aftercare	45140
contract or consent agreement;	45141

(c) Two written reports indicating that the individual's	45142
ability to practice has been assessed and that the individual has	45143
been found capable of practicing according to acceptable and	45144
prevailing standards of care. The reports shall be made by	45145
individuals or providers approved by the board for making the	45146
assessments and shall describe the basis for their determination.	45147

The board may reinstate a certificate suspended under this	45148
division after that demonstration and after the individual has	45149
entered into a written consent agreement.	45150

When the impaired practitioner resumes practice, the board	45151
shall require continued monitoring of the individual. The	45152
monitoring shall include, but not be limited to, compliance with	45153
the written consent agreement entered into before reinstatement or	45154
with conditions imposed by board order after a hearing, and, upon	45155
termination of the consent agreement, submission to the board for	45156
at least two years of annual written progress reports made under	45157
penalty of perjury stating whether the individual has maintained	45158
sobriety.	45159

(27) A second or subsequent violation of section 4731.66 or	45160
4731.69 of the Revised Code;	45161

(28) Except as provided in division (N) of this section:

45162

(a) Waiving the payment of all or any part of a deductible or	45163
copayment that a patient, pursuant to a health insurance or health	45164
care policy, contract, or plan that covers the individual's	45165
services, otherwise would be required to pay if the waiver is used	45166
as an enticement to a patient or group of patients to receive	45167
health care services from that individual;	45168

(b) Advertising that the individual will waive the payment of	45169
all or any part of a deductible or copayment that a patient,	45170
pursuant to a health insurance or health care policy, contract, or	45171
plan that covers the individual's services, otherwise would be	45172
required to pay.	45173

(29) Failure to use universal blood and body fluid	45174
precautions established by rules adopted under section 4731.051 of	45175
the Revised Code;	45176

(30) Failure to provide notice to, and receive acknowledgment	45177
of the notice from, a patient when required by section 4731.143 of	45178
the Revised Code prior to providing nonemergency professional	45179
services, or failure to maintain that notice in the patient's	45180
file;	45181

(31) Failure of a physician supervising a physician assistant	45182
to maintain supervision in accordance with the requirements of	45183
Chapter 4730. of the Revised Code and the rules adopted under that	45184
chapter;	45185

(32) Failure of a physician or podiatrist to enter into a	45186
standard care arrangement with a clinical nurse specialist,	45187
certified nurse-midwife, or certified nurse practitioner with whom	45188
the physician or podiatrist is in collaboration pursuant to	45189
section 4731.27 of the Revised Code or failure to fulfill the	45190
responsibilities of collaboration after entering into a standard	45191
care arrangement;	45192

(33) Failure to comply with the terms of a consult agreement	45193
entered into with a pharmacist pursuant to section 4729.39 of the	45194
Revised Code;	45195

(34) Failure to cooperate in an investigation conducted by	45196
the board under division (F) of this section, including failure to	45197
comply with a subpoena or order issued by the board or failure to	45198
answer truthfully a question presented by the board at a	45199
deposition or in written interrogatories, except that failure to	45200
cooperate with an investigation shall not constitute grounds for	45201
discipline under this section if a court of competent jurisdiction	45202
has issued an order that either quashes a subpoena or permits the	45203
individual to withhold the testimony or evidence in issue;	45204

(35) Failure to supervise an acupuncturist in accordance with	45205
Chapter 4762. of the Revised Code and the board's rules for	45206
supervision of an acupuncturist;	45207

(36) Failure to supervise an anesthesiologist assistant in	45208
accordance with Chapter 4760. of the Revised Code and the board's	45209
rules for supervision of an anesthesiologist assistant;	45210

(37) Assisting suicide as defined in section 3795.01 of the	45211
Revised Code.	45212

(C) Disciplinary actions taken by the board under divisions	45213
(A) and (B) of this section shall be taken pursuant to an	45214
adjudication under Chapter 119. of the Revised Code, except that	45215
in lieu of an adjudication, the board may enter into a consent	45216
agreement with an individual to resolve an allegation of a	45217
violation of this chapter or any rule adopted under it. A consent	45218
agreement, when ratified by an affirmative vote of not fewer than	45219
six members of the board, shall constitute the findings and order	45220
of the board with respect to the matter addressed in the	45221
agreement. If the board refuses to ratify a consent agreement, the	45222
admissions and findings contained in the consent agreement shall	45223
be of no force or effect.	45224

If the board takes disciplinary action against an individual	45225
under division (B) of this section for a second or subsequent plea	45226
of guilty to, or judicial finding of guilt of, a violation of	45227
section 2919.123 of the Revised Code, the disciplinary action	45228
shall consist of a suspension of the individual's certificate to	45229
practice for a period of at least one year or, if determined	45230
appropriate by the board, a more serious sanction involving the	45231
individual's certificate to practice. Any consent agreement	45232
entered into under this division with an individual that pertains	45233
to a second or subsequent plea of guilty to, or judicial finding	45234
of guilt of, a violation of that section shall provide for a	45235
suspension of the individual's certificate to practice for a	45236
period of at least one year or, if determined appropriate by the	45237
board, a more serious sanction involving the individual's	45238
certificate to practice.	45239

(D) For purposes of divisions (B)(10), (12), and (14) of this	45240
section, the commission of the act may be established by a finding	45241
by the board, pursuant to an adjudication under Chapter 119. of	45242
the Revised Code, that the individual committed the act. The board	45243
does not have jurisdiction under those divisions if the trial	45244
court renders a final judgment in the individual's favor and that	45245
judgment is based upon an adjudication on the merits. The board	45246
has jurisdiction under those divisions if the trial court issues	45247
an order of dismissal upon technical or procedural grounds.	45248

(E) The sealing of conviction records by any court shall have	45249
no effect upon a prior board order entered under this section or	45250
upon the board's jurisdiction to take action under this section	45251
if, based upon a plea of guilty, a judicial finding of guilt, or a	45252
judicial finding of eligibility for intervention in lieu of	45253
conviction, the board issued a notice of opportunity for a hearing	45254
prior to the court's order to seal the records. The board shall	45255
not be required to seal, destroy, redact, or otherwise modify its	45256
records to reflect the court's sealing of conviction records.	45257

(F)(1) The board shall investigate evidence that appears to	45258
show that a person has violated any provision of this chapter or	45259
any rule adopted under it. Any person may report to the board in a	45260
signed writing any information that the person may have that	45261
appears to show a violation of any provision of this chapter or	45262
any rule adopted under it. In the absence of bad faith, any person	45263
who reports information of that nature or who testifies before the	45264
board in any adjudication conducted under Chapter 119. of the	45265
Revised Code shall not be liable in damages in a civil action as a	45266
result of the report or testimony. Each complaint or allegation of	45267
a violation received by the board shall be assigned a case number	45268
and shall be recorded by the board.	45269

(2) Investigations of alleged violations of this chapter or	45270
any rule adopted under it shall be supervised by the supervising	45271
member elected by the board in accordance with section 4731.02 of	45272
the Revised Code and by the secretary as provided in section	45273
4731.39 of the Revised Code. The president may designate another	45274
member of the board to supervise the investigation in place of the	45275
supervising member. No member of the board who supervises the	45276
investigation of a case shall participate in further adjudication	45277
of the case.	45278

(3) In investigating a possible violation of this chapter or	45279
any rule adopted under this chapter, the board may administer	45280
oaths, order the taking of depositions, issue subpoenas, and	45281
compel the attendance of witnesses and production of books,	45282
accounts, papers, records, documents, and testimony, except that a	45283
subpoena for patient record information shall not be issued	45284
without consultation with the attorney general's office and	45285
approval of the secretary and supervising member of the board.	45286
Before issuance of a subpoena for patient record information, the	45287
secretary and supervising member shall determine whether there is	45288
probable cause to believe that the complaint filed alleges a	45289
violation of this chapter or any rule adopted under it and that	45290
the records sought are relevant to the alleged violation and	45291
material to the investigation. The subpoena may apply only to	45292
records that cover a reasonable period of time surrounding the	45293
alleged violation.	45294

On failure to comply with any subpoena issued by the board	45295
and after reasonable notice to the person being subpoenaed, the	45296
board may move for an order compelling the production of persons	45297
or records pursuant to the Rules of Civil Procedure.	45298

A subpoena issued by the board may be served by a sheriff,	45299
the sheriff's deputy, or a board employee designated by the board.	45300
Service of a subpoena issued by the board may be made by	45301
delivering a copy of the subpoena to the person named therein,	45302
reading it to the person, or leaving it at the person's usual	45303
place of residence. When the person being served is a person whose	45304
practice is authorized by this chapter, service of the subpoena	45305
may be made by certified mail, restricted delivery, return receipt	45306
requested, and the subpoena shall be deemed served on the date	45307
delivery is made or the date the person refuses to accept	45308
delivery.	45309

A sheriff's deputy who serves a subpoena shall receive the	45310
same fees as a sheriff. Each witness who appears before the board	45311
in obedience to a subpoena shall receive the fees and mileage	45312
provided for witnesses in civil cases in the courts of common	45313
pleas.	45314

(4) All hearings and investigations of the board shall be	45315
considered civil actions for the purposes of section 2305.252 of	45316
the Revised Code.	45317

(5) Information received by the board pursuant to an	45318
investigation is confidential and not subject to discovery in any	45319
civil action.	45320

The board shall conduct all investigations and proceedings in	45321
a manner that protects the confidentiality of patients and persons	45322
who file complaints with the board. The board shall not make	45323
public the names or any other identifying information about	45324
patients or complainants unless proper consent is given or, in the	45325
case of a patient, a waiver of the patient privilege exists under	45326
division (B) of section 2317.02 of the Revised Code, except that	45327
consent or a waiver of that nature is not required if the board	45328
possesses reliable and substantial evidence that no bona fide	45329
physician-patient relationship exists.	45330

The board may share any information it receives pursuant to	45331
an investigation, including patient records and patient record	45332
information, with law enforcement agencies, other licensing	45333
boards, and other governmental agencies that are prosecuting,	45334
adjudicating, or investigating alleged violations of statutes or	45335
administrative rules. An agency or board that receives the	45336
information shall comply with the same requirements regarding	45337
confidentiality as those with which the state medical board must	45338
comply, notwithstanding any conflicting provision of the Revised	45339
Code or procedure of the agency or board that applies when it is	45340
dealing with other information in its possession. In a judicial	45341
proceeding, the information may be admitted into evidence only in	45342
accordance with the Rules of Evidence, but the court shall require	45343
that appropriate measures are taken to ensure that confidentiality	45344
is maintained with respect to any part of the information that	45345
contains names or other identifying information about patients or	45346
complainants whose confidentiality was protected by the state	45347
medical board when the information was in the board's possession.	45348
Measures to ensure confidentiality that may be taken by the court	45349
include sealing its records or deleting specific information from	45350
its records.	45351

(6) On a quarterly basis, the board shall prepare a report	45352
that documents the disposition of all cases during the preceding	45353
three months. The report shall contain the following information	45354
for each case with which the board has completed its activities:	45355

(a) The case number assigned to the complaint or alleged	45356
violation;	45357

(b) The type of certificate to practice, if any, held by the	45358
individual against whom the complaint is directed;	45359

(c) A description of the allegations contained in the	45360
complaint;	45361

(d) The disposition of the case.

45362

The report shall state how many cases are still pending and	45363
shall be prepared in a manner that protects the identity of each	45364
person involved in each case. The report shall be a public record	45365
under section 149.43 of the Revised Code.	45366

(G) If the secretary and supervising member determine that	45367
there is clear and convincing evidence that an individual has	45368
violated division (B) of this section and that the individual's	45369
continued practice presents a danger of immediate and serious harm	45370
to the public, they may recommend that the board suspend the	45371
individual's certificate to practice without a prior hearing.	45372
Written allegations shall be prepared for consideration by the	45373
board.	45374

The board, upon review of those allegations and by an	45375
affirmative vote of not fewer than six of its members, excluding	45376
the secretary and supervising member, may suspend a certificate	45377
without a prior hearing. A telephone conference call may be	45378
utilized for reviewing the allegations and taking the vote on the	45379
summary suspension.	45380

The board shall issue a written order of suspension by	45381
certified mail or in person in accordance with section 119.07 of	45382
the Revised Code. The order shall not be subject to suspension by	45383
the court during pendency of any appeal filed under section 119.12	45384
of the Revised Code. If the individual subject to the summary	45385
suspension requests an adjudicatory hearing by the board, the date	45386
set for the hearing shall be within fifteen days, but not earlier	45387
than seven days, after the individual requests the hearing, unless	45388
otherwise agreed to by both the board and the individual.	45389

Any summary suspension imposed under this division shall	45390
remain in effect, unless reversed on appeal, until a final	45391
adjudicative order issued by the board pursuant to this section	45392
and Chapter 119. of the Revised Code becomes effective. The board	45393
shall issue its final adjudicative order within ~~sixty~~seventy-five	45394
days after completion of its hearing. A failure to issue the order	45395
within ~~sixty~~seventy-five days shall result in dissolution of the	45396
summary suspension order but shall not invalidate any subsequent,	45397
final adjudicative order.	45398

(H) If the board takes action under division (B)(9), (11), or	45399
(13) of this section and the judicial finding of guilt, guilty	45400
plea, or judicial finding of eligibility for intervention in lieu	45401
of conviction is overturned on appeal, upon exhaustion of the	45402
criminal appeal, a petition for reconsideration of the order may	45403
be filed with the board along with appropriate court documents.	45404
Upon receipt of a petition of that nature and supporting court	45405
documents, the board shall reinstate the individual's certificate	45406
to practice. The board may then hold an adjudication under Chapter	45407
119. of the Revised Code to determine whether the individual	45408
committed the act in question. Notice of an opportunity for a	45409
hearing shall be given in accordance with Chapter 119. of the	45410
Revised Code. If the board finds, pursuant to an adjudication held	45411
under this division, that the individual committed the act or if	45412
no hearing is requested, the board may order any of the sanctions	45413
identified under division (B) of this section.	45414

(I) The certificate to practice issued to an individual under	45415
this chapter and the individual's practice in this state are	45416
automatically suspended as of the date of the individual's second	45417
or subsequent plea of guilty to, or judicial finding of guilt of,	45418
a violation of section 2919.123 of the Revised Code, or the date	45419
the individual pleads guilty to, is found by a judge or jury to be	45420
guilty of, or is subject to a judicial finding of eligibility for	45421
intervention in lieu of conviction in this state or treatment or	45422
intervention in lieu of conviction in another jurisdiction for any	45423
of the following criminal offenses in this state or a	45424
substantially equivalent criminal offense in another jurisdiction:	45425
aggravated murder, murder, voluntary manslaughter, felonious	45426
assault, kidnapping, rape, sexual battery, gross sexual	45427
imposition, aggravated arson, aggravated robbery, or aggravated	45428
burglary. Continued practice after suspension shall be considered	45429
practicing without a certificate.	45430

The board shall notify the individual subject to the	45431
suspension by certified mail or in person in accordance with	45432
section 119.07 of the Revised Code. If an individual whose	45433
certificate is automatically suspended under this division fails	45434
to make a timely request for an adjudication under Chapter 119. of	45435
the Revised Code, the board shall do whichever of the following is	45436
applicable:	45437

(1) If the automatic suspension under this division is for a	45438
second or subsequent plea of guilty to, or judicial finding of	45439
guilt of, a violation of section 2919.123 of the Revised Code, the	45440
board shall enter an order suspending the individual's certificate	45441
to practice for a period of at least one year or, if determined	45442
appropriate by the board, imposing a more serious sanction	45443
involving the individual's certificate to practice.	45444

(2) In all circumstances in which division (I)(1) of this	45445
section does not apply, enter a final order permanently revoking	45446
the individual's certificate to practice.	45447

(J) If the board is required by Chapter 119. of the Revised	45448
Code to give notice of an opportunity for a hearing and if the	45449
individual subject to the notice does not timely request a hearing	45450
in accordance with section 119.07 of the Revised Code, the board	45451
is not required to hold a hearing, but may adopt, by an	45452
affirmative vote of not fewer than six of its members, a final	45453
order that contains the board's findings. In that final order, the	45454
board may order any of the sanctions identified under division (A)	45455
or (B) of this section.	45456

(K) Any action taken by the board under division (B) of this	45457
section resulting in a suspension from practice shall be	45458
accompanied by a written statement of the conditions under which	45459
the individual's certificate to practice may be reinstated. The	45460
board shall adopt rules governing conditions to be imposed for	45461
reinstatement. Reinstatement of a certificate suspended pursuant	45462
to division (B) of this section requires an affirmative vote of	45463
not fewer than six members of the board.	45464

(L) When the board refuses to grant a certificate to an	45465
applicant, revokes an individual's certificate to practice,	45466
refuses to register an applicant, or refuses to reinstate an	45467
individual's certificate to practice, the board may specify that	45468
its action is permanent. An individual subject to a permanent	45469
action taken by the board is forever thereafter ineligible to hold	45470
a certificate to practice and the board shall not accept an	45471
application for reinstatement of the certificate or for issuance	45472
of a new certificate.	45473

(M) Notwithstanding any other provision of the Revised Code,	45474
all of the following apply:	45475

(1) The surrender of a certificate issued under this chapter	45476
shall not be effective unless or until accepted by the board.	45477
Reinstatement of a certificate surrendered to the board requires	45478
an affirmative vote of not fewer than six members of the board.	45479

(2) An application for a certificate made under the	45480
provisions of this chapter may not be withdrawn without approval	45481
of the board.	45482

(3) Failure by an individual to renew a certificate of	45483
registration in accordance with this chapter shall not remove or	45484
limit the board's jurisdiction to take any disciplinary action	45485
under this section against the individual.	45486

(N) Sanctions shall not be imposed under division (B)(28) of	45487
this section against any person who waives deductibles and	45488
copayments as follows:	45489

(1) In compliance with the health benefit plan that expressly	45490
allows such a practice. Waiver of the deductibles or copayments	45491
shall be made only with the full knowledge and consent of the plan	45492
purchaser, payer, and third-party administrator. Documentation of	45493
the consent shall be made available to the board upon request.	45494

(2) For professional services rendered to any other person	45495
authorized to practice pursuant to this chapter, to the extent	45496
allowed by this chapter and rules adopted by the board.	45497

(O) Under the board's investigative duties described in this	45498
section and subject to division (F) of this section, the board	45499
shall develop and implement a quality intervention program	45500
designed to improve through remedial education the clinical and	45501
communication skills of individuals authorized under this chapter	45502
to practice medicine and surgery, osteopathic medicine and	45503
surgery, and podiatric medicine and surgery. In developing and	45504
implementing the quality intervention program, the board may do	45505
all of the following:	45506

(1) Offer in appropriate cases as determined by the board an	45507
educational and assessment program pursuant to an investigation	45508
the board conducts under this section;	45509

(2) Select providers of educational and assessment services,	45510
including a quality intervention program panel of case reviewers;	45511

(3) Make referrals to educational and assessment service	45512
providers and approve individual educational programs recommended	45513
by those providers. The board shall monitor the progress of each	45514
individual undertaking a recommended individual educational	45515
program.	45516

(4) Determine what constitutes successful completion of an	45517
individual educational program and require further monitoring of	45518
the individual who completed the program or other action that the	45519
board determines to be appropriate;	45520

(5) Adopt rules in accordance with Chapter 119. of the	45521
Revised Code to further implement the quality intervention	45522
program.	45523

An individual who participates in an individual educational	45524
program pursuant to this division shall pay the financial	45525
obligations arising from that educational program.	45526

Sec. 4735.10. (A)(1) The Ohio real estate commission may	45527
adopt reasonable rules in accordance with Chapter 119. of the	45528
Revised Code, necessary for implementing the provisions of this	45529
chapter relating, but not limited to, the following:	45530

(a) The form and manner of filing applications for license;

45531

(b) Times and form of examination for license;

45532

(c) Placing an existing broker's license on deposit or a	45533
salesperson's license on an inactive status for an indefinite	45534
period.	45535

(2) The commission shall adopt reasonable rules in accordance	45536
with Chapter 119. of the Revised Code, for implementing the	45537
provisions of this chapter relating to the following:	45538

(a) The issuance, renewal, suspension, and revocation of	45539
licenses, other sanctions that may be imposed for violations of	45540
this chapter, the conduct of hearings related to these actions,	45541
and the process of reactivating a license;	45542

(b) By not later than January 1, 2004, a three-year license	45543
and a three-year license renewal system;	45544

(c) Standards for the approval of courses of study required	45545
for licenses, or offered in preparation for license examinations,	45546
or required as continuing education for licenses. ~~The rules shall~~	45547
~~specify that no standard for the approval of a course of study~~	45548
~~required as continuing education for licensees shall require that~~	45549
~~licensees pass an examination as a condition for the successful~~	45550
~~completion of a continuing education requirement. A person~~	45551
~~providing a continuing education course may administer~~	45552
~~examinations for the purpose of evaluating the effectiveness of~~	45553
~~the course.~~	45554

(d) Guidelines to ensure that continuing education classes	45555
are open to all persons licensed under this chapter. The rules	45556
shall specify that an organization that sponsors a continuing	45557
education class may offer its members a reasonable reduction in	45558
the fees charged for the class.	45559

(e) Requirements for trust accounts and property management	45560
accounts. The rules shall specify that:	45561

(i) Brokerages engaged in the management of property for	45562
another may, pursuant to a written contract with the property	45563
owner, exercise signatory authority for withdrawals from property	45564
management accounts maintained in the name of the property owner.	45565
The exercise of authority for withdrawals does not constitute a	45566
violation of any provision of division (A) of section 4735.18 of	45567
the Revised Code.	45568

(ii) The interest earned on property management trust	45569
accounts maintained in the name of the property owner or the	45570
broker shall be payable to the property owner unless otherwise	45571
specified in a written contract.	45572

(f) Notice of renewal forms and filing deadlines;

45573

(g) Special assessments under division (A) of section 4735.12	45574
of the Revised Code.	45575

(B) The commission may adopt rules in accordance with Chapter	45576
119. of the Revised Code establishing standards and guidelines	45577
with which the superintendent of real estate shall comply in the	45578
exercise of the following powers:	45579

(1) Appointment and recommendation of ancillary trustees	45580
under section 4735.05 of the Revised Code;	45581

(2) Rejection of names proposed to be used by partnerships,	45582
associations, limited liability companies, limited liability	45583
partnerships, and corporations, under division (A) of section	45584
4735.06 of the Revised Code;	45585

(3) Acceptance and rejection of applications to take the	45586
broker and salesperson examinations and licensure, with	45587
appropriate waivers pursuant to division (E) of section 4735.07	45588
and section 4735.09 of the Revised Code;	45589

(4) Approval of applications of brokers to place their	45590
licenses on deposit and to become salespersons under section	45591
4735.13 of the Revised Code;	45592

(5) Appointment of hearing examiners under section 119.09 of	45593
the Revised Code;	45594

(6) Acceptance and rejection of applications to take the	45595
foreign real estate dealer and salesperson examinations and	45596
licensure, with waiver of examination, under sections 4735.27 and	45597
4735.28 of the Revised Code;	45598

(7) Qualification of foreign real estate under section	45599
4735.25 of the Revised Code.	45600

If at any time there is no rule in effect establishing a	45601
guideline or standard required by this division, the	45602
superintendent may adopt a rule in accordance with Chapter 119. of	45603
the Revised Code for such purpose.	45604

(C) The commission or superintendent may hear testimony in	45605
matters relating to the duties imposed upon them, and the	45606
president of the commission and superintendent may administer	45607
oaths. The commission or superintendent may require other proof of	45608
the honesty, truthfulness, and good reputation of any person named	45609
in an application for a real estate broker's or real estate	45610
salesperson's license before admitting the applicant to the	45611
examination or issuing a license.	45612

Sec. 4735.141. (A) Except as otherwise provided in this	45613
division, each person licensed under section 4735.07 or 4735.09 of	45614
the Revised Code shall submit proof satisfactory to the	45615
superintendent of real estate that the licensee has satisfactorily	45616
completed thirty hours of continuing education, as prescribed by	45617
the Ohio real estate commission pursuant to section 4735.10 of the	45618
Revised Code, on or before the licensee's birthday occurring three	45619
years after the licensee's date of initial licensure, and on or	45620
before the licensee's birthday every three years thereafter.	45621

Persons licensed as real estate salespersons who subsequently	45622
become licensed real estate brokers shall continue to submit proof	45623
of continuing education in accordance with the time period	45624
established in this section.	45625

The requirements of this section shall not apply to any	45626
physically handicapped licensee as provided in division (E) of	45627
this section.	45628

Each licensee who is seventy years of age or older, within a	45629
continuing education reporting period, shall submit proof	45630
satisfactory to the superintendent of real estate that the	45631
licensee has satisfactorily completed a total of nine classroom	45632
hours of continuing education, including instruction in Ohio real	45633
estate law; recently enacted state and federal laws affecting the	45634
real estate industry; municipal, state, and federal civil rights	45635
law; and canons of ethics for the real estate industry as adopted	45636
by the commission. The required proof of completion shall be	45637
submitted on or before the licensee's birthday that falls in the	45638
third year of that continuing education reporting period. A	45639
licensee who is seventy years of age or older whose license is in	45640
an inactive status is exempt from the continuing education	45641
requirements specified in this section. The commission shall adopt	45642
reasonable rules in accordance with Chapter 119. of the Revised	45643
Code to carry out the purposes of this paragraph.	45644

~~A person providing any course of continuing education may~~	45645
~~administer examinations to licensees for the purpose of evaluating~~	45646
~~the effectiveness of the course, but passage of an examination by~~	45647
~~a licensee shall not be a condition for successful completion of~~	45648
~~the continuing education requirements of this section.~~	45649

(B) The continuing education requirements of this section	45650
shall be completed in schools, seminars, and educational	45651
institutions approved by the commission. Such approval shall be	45652
given according to rules established by the commission under the	45653
procedures of Chapter 119. of the Revised Code, and shall not be	45654
limited to institutions providing two-year or four-year degrees.	45655
Each school, seminar, or educational institution approved under	45656
this division shall be open to all licensees on an equal basis.	45657

(C) If the requirements of this section are not met by a	45658
licensee within the period specified, the licensee's license shall	45659
be suspended automatically without the taking of any action by the	45660
superintendent. The superintendent shall notify the licensee of	45661
the license suspension. Any license so suspended shall remain	45662
suspended until it is reactivated by the superintendent. No such	45663
license shall be reactivated until it is established, to the	45664
satisfaction of the superintendent, that the requirements of this	45665
section have been met. If the requirements of this section are not	45666
met within twelve months from the date the license was suspended,	45667
the license shall be revoked automatically without the taking of	45668
any action by the superintendent.	45669

(D) If the license of a real estate broker is suspended	45670
pursuant to division (C) of this section, the license of a real	45671
estate salesperson associated with that broker correspondingly is	45672
suspended pursuant to division (H) of section 4735.20 of the	45673
Revised Code. However, the suspended license of the associated	45674
real estate salesperson shall be reactivated and no fee shall be	45675
charged or collected for that reactivation if all of the following	45676
occur:	45677

(1) That broker subsequently submits proof to the	45678
superintendent that the broker has complied with the requirements	45679
of this section and requests that the broker's license as a real	45680
estate broker be reactivated.	45681

(2) The superintendent then reactivates the broker's license	45682
as a real estate broker.	45683

(3) The associated real estate salesperson intends to	45684
continue to be associated with that broker, has complied with the	45685
requirements of this section, and otherwise is in compliance with	45686
this chapter.	45687

Any person whose license is reactivated pursuant to this	45688
division shall submit proof satisfactory to the superintendent	45689
that the person has completed thirty hours of continuing	45690
education, as prescribed by the Ohio real estate commission, on or	45691
before the third year following the licensee's birthday occurring	45692
immediately after reactivation.	45693

(E) Any licensee who is a physically handicapped licensee at	45694
any time during the last three months of the third year of the	45695
licensee's continuing education reporting period may receive an	45696
extension of time to submit proof to the superintendent that the	45697
licensee has satisfactorily completed the required thirty hours of	45698
continuing education. To receive an extension of time, the	45699
licensee shall submit a request to the division of real estate for	45700
the extension and proof satisfactory to the commission that the	45701
licensee was a physically handicapped licensee at some time during	45702
the last three months of the three-year reporting period. The	45703
proof shall include, but is not limited to, a signed statement by	45704
the licensee's attending physician describing the physical	45705
disability, certifying that the licensee's disability is of such a	45706
nature as to prevent the licensee from attending any instruction	45707
lasting at least three hours in duration, and stating the expected	45708
duration of the physical disability. The licensee shall request	45709
the extension and provide the physician's statement to the	45710
division no later than one month prior to the end of the	45711
licensee's three-year continuing education reporting period,	45712
unless the physical disability did not arise until the last month	45713
of the three-year reporting period, in which event the licensee	45714
shall request the extension and provide the physician's statement	45715
as soon as practical after the occurrence of the physical	45716
disability. A licensee granted an extension pursuant to this	45717
division who is no longer a physically handicapped licensee and	45718
who submits proof of completion of the continuing education during	45719
the extension period, shall submit, for future continuing	45720
education reporting periods, proof of completion of the continuing	45721
education requirements according to the schedule established in	45722
division (A) of this section.	45723

Sec. 4736.01. As used in this chapter:

45724

(A) "Environmental health science" means the aspect of public	45725
health science that includes, but is not limited to, the following	45726
bodies of knowledge: air quality, food quality and protection,	45727
hazardous and toxic substances, consumer product safety, housing,	45728
institutional health and safety, community noise control,	45729
radiation protection, recreational facilities, solid and liquid	45730
waste management, vector control, drinking water quality, milk	45731
sanitation, and rabies control.	45732

(B) "Sanitarian" means a person who performs for compensation	45733
educational, investigational, technical, or administrative duties	45734
requiring specialized knowledge and skills in the field of	45735
environmental health science.	45736

(C) "Registered sanitarian" means a person who is registered	45737
as a sanitarian in accordance with this chapter.	45738

(D) "Sanitarian-in-training" means a person who is registered	45739
as a sanitarian-in-training in accordance with this chapter.	45740

(E) "Practice of environmental health" means consultation,	45741
instruction, investigation, inspection, or evaluation by an	45742
employee of a city health district, a general health district, the	45743
environmental protection agency, the department of health, or the	45744
department of agriculture requiring specialized knowledge,	45745
training, and experience in the field of environmental health	45746
science, with the primary purpose of improving or conducting	45747
administration or enforcement under any of the following:	45748

(1) Chapter 911., 913., 917., 3717., ~~3718.,~~ 3721., 3729., or	45749
3733. of the Revised Code;	45750

(2) Chapter 3734. of the Revised Code as it pertains to solid	45751
waste;	45752

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	45753
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	45754

(4) Rules adopted under section 3701.34 of the Revised Code	45755
pertaining to home sewage, rabies control, or swimming pools;	45756

(5) Rules adopted under section 3701.935 of the Revised Code	45757
for school health and safety network inspections and rules adopted	45758
under section 3707.26 of the Revised Code for sanitary	45759
inspections.	45760

"Practice of environmental health" does not include sampling,	45761
testing, controlling of vectors, reporting of observations, or	45762
other duties that do not require application of specialized	45763
knowledge and skills in environmental health science performed	45764
under the supervision of a registered sanitarian.	45765

The state board of sanitarian registration may further define	45766
environmental health science in relation to specific functions in	45767
the practice of environmental health through rules adopted by the	45768
board under Chapter 119. of the Revised Code.	45769

Sec. 4743.05. Except as otherwise provided in sections	45770
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	45771
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	45772
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	45773
4741., 4753., 4755., 4757., 4758., 4759., 4761., 4766., 4771.,	45774
4775., 4779., and 4781. of the Revised Code shall be paid into the	45775
state treasury to the credit of the occupational licensing and	45776
regulatory fund, which is hereby created for use in administering	45777
such chapters.	45778

At the end of each quarter, the director of budget and	45779
management shall transfer from the occupational licensing and	45780
regulatory fund to the nurse education assistance fund created in	45781
section 3333.28 of the Revised Code the amount certified to the	45782
director under division (B) of section 4723.08 of the Revised	45783
Code.	45784

At the end of each quarter, the director shall transfer from	45785
the occupational licensing and regulatory fund to the certified	45786
public accountant education assistance fund created in section	45787
4701.26 of the Revised Code the amount certified to the director	45788
under division (H)(2) of section 4701.10 of the Revised Code.	45789

Sec. 4755.03. ~~All~~Except as provided in section 4755.99 of	45790
the Revised Code, all fees and fines collected and assessed under	45791
this chapter by the appropriate section of the Ohio occupational	45792
therapy, physical therapy, and athletic trainers board, shall be	45793
deposited into the state treasury to the credit of the	45794
occupational licensing and regulatory fund.	45795

Sec. 4766.05. (A) The Ohio medical transportation board	45796
shall establish by rule a license fee, a permit fee for each	45797
ambulance, ambulette, rotorcraft air ambulance, fixed wing air	45798
ambulance, and nontransport vehicle owned or leased by the	45799
licensee that is or will be used as provided in section 4766.07 of	45800
the Revised Code, and fees for renewals of licenses and permits,	45801
taking into consideration the actual costs incurred by the board	45802
in carrying out its duties under this chapter. However, the fee	45803
for each license and each renewal of a license shall not exceed	45804
one hundred dollars, and the fee for each permit and each renewal	45805
of a permit shall not exceed one hundred dollars for each	45806
ambulance, rotorcraft air ambulance, fixed wing air ambulance, and	45807
nontransport vehicle. The fee for each permit and each renewal of	45808
a permit shall be twenty-five dollars for each ambulette for one	45809
year after ~~the effective date of this amendment~~March 9, 2004.	45810
Thereafter, the board shall determine by rule the fee, which shall	45811
not exceed fifty dollars, for each permit and each renewal of a	45812
permit for each ambulette. For purposes of establishing fees,	45813
"actual costs" includes the costs of salaries, expenses,	45814
inspection equipment, supervision, and program administration.	45815

(B) The board shall deposit all fees and other moneys	45816
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	45817
the Revised Code in the state treasury to the credit of the ~~Ohio~~	45818
~~medical transportation trust~~occupational licensing and regulatory	45819
fund, which is ~~hereby~~ created by section 4743.05 of the Revised	45820
Code. All moneys from the fund shall be used solely for the	45821
salaries and expenses of the board incurred in implementing and	45822
enforcing this chapter.	45823

(C) The board, subject to the approval of the controlling	45824
board, may establish fees in excess of the maximum amounts allowed	45825
under division (A) of this section, but such fees shall not exceed	45826
those maximum amounts by more than fifty per cent.	45827

Sec. 4766.22. (A) Not later than forty-five days after the	45828
end of each fiscal year, the Ohio medical transportation board	45829
shall submit a report to the governor and general assembly that	45830
provides all of the following information for that fiscal year:	45831

(1) The number of each of the following the board issued:

45832

(a) Basic life-support organization licenses;

45833

(b) Intermediate life-support organization licenses;

45834

45835

(d) Mobile intensive care unit organization licenses;

45836

(e) Ambulette service licenses;

45837

(f) Air medical service organization licenses;

45838

(g) Ambulance permits;

45839

(h) Nontransport vehicle permits;

45840

(i) Ambulette vehicle permits;

45841

(j) Rotorcraft air ambulance permits;

45842

(k) Fixed wing air ambulance permits.

45843

(2) The amount of fees the board collected for issuing and	45844
renewing each type of license and permit specified in division	45845
(A)(1) of this section;	45846

(3) The number of inspections the board or a third party on	45847
the board's behalf conducted in connection with each type of	45848
license and permit specified in division (A)(1) of this section	45849
and the amount of fees the board collected for the inspections;	45850

(4) The number of complaints that were submitted to the	45851
board;	45852

(5) The number of investigations the board conducted under	45853
section 4766.11 of the Revised Code;	45854

(6) The number of adjudication hearings the board held and	45855
the outcomes of the adjudications;	45856

(7) The amount of penalties the board imposed and collected	45857
under section 4766.08 of the Revised Code;	45858

(8) Other information the board determines reflects the	45859
board's operations.	45860

(B) The board shall post the annual report required by this	45861
section on its web site and make it available to the public on	45862
request.	45863

Sec. 4775.08. (A) The initial and annual renewal fee for a	45864
motor vehicle collision repair registration certificate and for a	45865
temporary motor vehicle collision repair registration certificate	45866
is one hundred fifty dollars for each business location at which	45867
the motor vehicle collision repair operator conducts business as	45868
an operator, except that the board of motor vehicle collision	45869
repair registration, with the approval of the controlling board,	45870
may establish fees in excess of or less than that amount, provided	45871
that such fees do not exceed or are not less than that amount by	45872
more than fifty per cent.	45873

The board shall adjust the fees as necessary in order to	45874
provide for the expenses associated with carrying out this chapter	45875
~~without causing an excessive build-up of surplus funds in the~~	45876
~~motor vehicle collision repair registration fund, which is hereby~~	45877
~~created in the state treasury~~.	45878

(B) If the board has notified or attempted to notify a motor	45879
vehicle collision repair operator that the operator is required to	45880
be registered under this chapter, and the operator fails to	45881
register, the initial fee for the registration of such an	45882
unregistered operator for each business location at which the	45883
operator conducts business as an operator, is the initial fee then	45884
in effect plus an additional amount equal to the initial fee then	45885
in effect for each calendar year that the operator is not	45886
registered after the board has notified or attempted to notify the	45887
operator.	45888

(C) The board shall deposit all fees and fines collected	45889
under this chapter into the ~~motor vehicle collision repair~~	45890
~~registration fund. The board shall use the fund solely for the~~	45891
~~administration and enforcement of this chapter~~occupational	45892
licensing and regulatory fund created by section 4743.05 of the	45893
Revised Code.	45894

Sec. 4921.40. In accordance with section 4921.04 of the	45895
Revised Code, the public utilities commission may adopt rules:	45896

(A) Providing for binding estimates by motor transportation	45897
companies engaged, for hire, in the business of transporting	45898
household goods over a public highway in this state;	45899

(B) Providing for guaranteed-not-to-exceed estimates by such	45900
motor transportation companies;	45901

(C) Requiring such motor transportation companies to include	45902
their certificate number in all advertising, written estimates,	45903
and contracts related to the transportation of household goods in	45904
this state;	45905

(D) As are necessary and proper to carry out this chapter	45906
with respect to such motor transportation companies;	45907

(E) Providing for the enforcement of the consumer protection	45908
provisions of Title 49 of the United States Code related to the	45909
delivery and transportation of household goods in interstate	45910
commerce, as permitted by 49 U.S.C. 14710. Any fine or penalty	45911
imposed as a result of such enforcement shall be deposited into	45912
the state treasury to the credit of the general revenue fund.	45913

Sec. 4923.26. There is hereby created in the state treasury	45914
the federal commercial vehicle transportation systems fund. The	45915
fund shall consist of money received from the United States	45916
department of transportation's commercial vehicle intelligent	45917
transportation systems infrastructure deployment program. The	45918
public utilities commission shall use the fund to deploy the Ohio	45919
commercial vehicle information systems networks project and to	45920
improve safety of motor carrier operations through electronic	45921
exchange of data by means of on-highway electronic systems.	45922

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	45923
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	45924
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	45925

(B) The department of job and family services shall act as	45926
the single state agency to administer federal payments for foster	45927
care and adoption assistance made pursuant to Title IV-E. The	45928
director of job and family services shall adopt rules to implement	45929
this authority. Rules governing financial and administrative	45930
requirements applicable to public children services agencies and	45931
government entities that provide Title IV-E reimbursable placement	45932
services to children shall be adopted in accordance with section	45933
111.15 of the Revised Code, as if they were internal management	45934
rules. Rules governing requirements applicable to private child	45935
placing agencies and private noncustodial agencies and rules	45936
establishing eligibility, program participation, and other	45937
requirements concerning Title IV-E shall be adopted in accordance	45938
with Chapter 119. of the Revised Code. A public children services	45939
agency to which the department distributes Title IV-E funds shall	45940
administer the funds in accordance with those rules.	45941

(C)(1) The county, on behalf of each child eligible for	45942
foster care maintenance payments under Title IV-E, shall make	45943
payments to cover the cost of providing all of the following:	45944

(a) The child's food, clothing, shelter, daily supervision,	45945
and school supplies;	45946

(b) The child's personal incidentals;

45947

45948

(2) In addition to payments made under division (C)(1) of	45949
this section, the county may, on behalf of each child eligible for	45950
foster care maintenance payments under Title IV-E, make payments	45951
to cover the cost of providing the following:	45952

(a) Liability insurance with respect to the child;

45953

(b) If the county is participating in the demonstration	45954
project established under division (A) of section 5101.142 of the	45955
Revised Code, services provided under the project.	45956

(3) With respect to a child who is in a child-care	45957
institution, including any type of group home designed for the	45958
care of children or any privately operated program consisting of	45959
two or more certified foster homes operated by a common	45960
administrative unit, the foster care maintenance payments made by	45961
the county on behalf of the child shall include the reasonable	45962
cost of the administration and operation of the institution, group	45963
home, or program, as necessary to provide the items described in	45964
divisions (C)(1) and (2) of this section.	45965

(D) To the extent that either foster care maintenance	45966
payments under division (C) of this section or Title IV-E adoption	45967
assistance payments for maintenance costs require the expenditure	45968
of county funds, the board of county commissioners shall report	45969
the nature and amount of each expenditure of county funds to the	45970
department.	45971

(E) The department shall distribute to public children	45972
services agencies that incur and report ~~such~~ expenditures of the	45973
type described in division (D) of this section federal financial	45974
participation received for administrative and training costs	45975
incurred in the operation of foster care maintenance and adoption	45976
assistance programs. The department may withhold not more than	45977
three per cent of the federal financial participation received.	45978
The funds withheld may be used only to fund the following:	45979

(1) The Ohio child welfare training program established under	45980
section 5103.30 of the Revised Code ~~and the~~;	45981

(2) The university partnership program for college and	45982
university students majoring in social work who have committed to	45983
work for a public children services agency upon graduation~~. The~~;	45984

(3) Efforts supporting organizational excellence, including	45985
voluntary activities to be accredited by a nationally recognized	45986
accreditation organization.	45987

The funds withheld shall be in addition to any administration	45988
and training cost for which the department is reimbursed through	45989
its own cost allocation plan.	45990

(F) All federal financial participation funds received by a	45991
county pursuant to this section shall be deposited into the	45992
county's children services fund created pursuant to section	45993
5101.144 of the Revised Code.	45994

(G) The department shall periodically publish and distribute	45995
the maximum amounts that the department will reimburse public	45996
children services agencies for making payments on behalf of	45997
children eligible for foster care maintenance payments.	45998

(H) The department, by and through its director, is hereby	45999
authorized to develop, participate in the development of,	46000
negotiate, and enter into one or more interstate compacts on	46001
behalf of this state with agencies of any other states, for the	46002
provision of medical assistance and other social services to	46003
children in relation to whom all of the following apply:	46004

(1) They have special needs.

46005

(2) This state or another state that is a party to the	46006
interstate compact is providing adoption assistance on their	46007
behalf.	46008

(3) They move into this state from another state or move out	46009
of this state to another state.	46010

Sec. 5101.16. (A) As used in this section and sections	46011
5101.161 and 5101.162 of the Revised Code:	46012

(1) "Disability financial assistance" means the financial	46013
assistance program established under Chapter 5115. of the Revised	46014
Code.	46015

(2) "Disability medical assistance" means the medical	46016
assistance program established under Chapter 5115. of the Revised	46017
Code.	46018

(3) "Food stamps" means the program administered by the	46019
department of job and family services pursuant to section 5101.54	46020
of the Revised Code.	46021

(4) "Medicaid" means the medical assistance program	46022
established by Chapter 5111. of the Revised Code, excluding	46023
transportation services provided under that chapter.	46024

(5) "Ohio works first" means the program established by	46025
Chapter 5107. of the Revised Code.	46026

(6) "Prevention, retention, and contingency" means the	46027
program established by Chapter 5108. of the Revised Code.	46028

(7) "Public assistance expenditures" means expenditures for	46029
all of the following:	46030

(a) Ohio works first;

46031

(b) County administration of Ohio works first;

46032

46033

(d) County administration of prevention, retention, and	46034
contingency;	46035

(e) Disability financial assistance;

46036

(f) Disability medical assistance;

46037

(g) County administration of disability financial assistance;

46038

(h) County administration of disability medical assistance;

46039

(i) County administration of food stamps;

46040

(j) County administration of medicaid.

46041

(8) "Title IV-A program" has the same meaning as in section	46042
5101.80 of the Revised Code.	46043

(B) Each board of county commissioners shall pay the county	46044
share of public assistance expenditures in accordance with section	46045
5101.161 of the Revised Code. Except as provided in division (C)	46046
of this section, a county's share of public assistance	46047
expenditures is the sum of all of the following for state fiscal	46048
year 1998 and each state fiscal year thereafter, minus the amount	46049
calculated under division (C) of section 5111.017 of the Revised	46050
Code for the state fiscal year ending in the previous calendar	46051
year:	46052

(1) The amount that is twenty-five per cent of the county's	46053
total expenditures for disability financial assistance and	46054
disability medical assistance and county administration of those	46055
programs during the state fiscal year ending in the previous	46056
calendar year that the department of job and family services	46057
determines are allowable.	46058

(2) The amount that is ten per cent, or other percentage	46059
determined under division (D) of this section, of the county's	46060
total expenditures for county administration of food stamps and	46061
medicaid during the state fiscal year ending in the previous	46062
calendar year that the department determines are allowable, less	46063
the amount of federal reimbursement credited to the county under	46064
division (E) of this section for the state fiscal year ending in	46065
the previous calendar year;	46066

(3) A percentage of the actual amount of the county share of	46067
program and administrative expenditures during federal fiscal year	46068
1994 for assistance and services, other than child care, provided	46069
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	46070
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	46071
enactment of the "Personal Responsibility and Work Opportunity	46072
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	46073
and family services shall determine the actual amount of the	46074
county share from expenditure reports submitted to the United	46075
States department of health and human services. The percentage	46076
shall be the percentage established in rules adopted under	46077
division (F) of this section.	46078

(C)(1) If a county's share of public assistance expenditures	46079
determined under division (B) of this section for a state fiscal	46080
year exceeds one hundred ten per cent of the county's share for	46081
those expenditures for the immediately preceding state fiscal	46082
year, the department of job and family services shall reduce the	46083
county's share for expenditures under divisions (B)(1) and (2) of	46084
this section so that the total of the county's share for	46085
expenditures under division (B) of this section equals one hundred	46086
ten per cent of the county's share of those expenditures for the	46087
immediately preceding state fiscal year.	46088

(2) A county's share of public assistance expenditures	46089
determined under division (B) of this section may be increased	46090
pursuant to section 5101.163 of the Revised Code and a sanction	46091
under section 5101.24 of the Revised Code. An increase made	46092
pursuant to section 5101.163 of the Revised Code may cause the	46093
county's share to exceed the limit established by division (C)(1)	46094
of this section.	46095

(D)(1) If the per capita tax duplicate of a county is less	46096
than the per capita tax duplicate of the state as a whole and	46097
division (D)(2) of this section does not apply to the county, the	46098
percentage to be used for the purpose of division (B)(2) of this	46099
section is the product of ten multiplied by a fraction of which	46100
the numerator is the per capita tax duplicate of the county and	46101
the denominator is the per capita tax duplicate of the state as a	46102
whole. The department of job and family services shall compute the	46103
per capita tax duplicate for the state and for each county by	46104
dividing the tax duplicate for the most recent available year by	46105
the current estimate of population prepared by the department of	46106
development.	46107

(2) If the percentage of families in a county with an annual	46108
income of less than three thousand dollars is greater than the	46109
percentage of such families in the state and division (D)(1) of	46110
this section does not apply to the county, the percentage to be	46111
used for the purpose of division (B)(2) of this section is the	46112
product of ten multiplied by a fraction of which the numerator is	46113
the percentage of families in the state with an annual income of	46114
less than three thousand dollars a year and the denominator is the	46115
percentage of such families in the county. The department of job	46116
and family services shall compute the percentage of families with	46117
an annual income of less than three thousand dollars for the state	46118
and for each county by multiplying the most recent estimate of	46119
such families published by the department of development, by a	46120
fraction, the numerator of which is the estimate of average annual	46121
personal income published by the bureau of economic analysis of	46122
the United States department of commerce for the year on which the	46123
census estimate is based and the denominator of which is the most	46124
recent such estimate published by the bureau.	46125

(3) If the per capita tax duplicate of a county is less than	46126
the per capita tax duplicate of the state as a whole and the	46127
percentage of families in the county with an annual income of less	46128
than three thousand dollars is greater than the percentage of such	46129
families in the state, the percentage to be used for the purpose	46130
of division (B)(2) of this section shall be determined as follows:	46131

(a) Multiply ten by the fraction determined under division	46132
(D)(1) of this section;	46133

(b) Multiply the product determined under division (D)(3)(a)	46134
of this section by the fraction determined under division (D)(2)	46135
of this section.	46136

(4) The department of job and family services shall	46137
determine, for each county, the percentage to be used for the	46138
purpose of division (B)(2) of this section not later than the	46139
first day of July of the year preceding the state fiscal year for	46140
which the percentage is used.	46141

(E) The department of job and family services shall credit to	46142
a county the amount of federal reimbursement the department	46143
receives from the United States departments of agriculture and	46144
health and human services for the county's expenditures for	46145
administration of food stamps and medicaid that the department	46146
determines are allowable administrative expenditures.	46147

(F)(1) The director of job and family services shall adopt	46148
rules in accordance with section 111.15 of the Revised Code to	46149
establish all of the following:	46150

(a) The method the department is to use to change a county's	46151
share of public assistance expenditures determined under division	46152
(B) of this section as provided in division (C) of this section;	46153

(b) The allocation methodology and formula the department	46154
will use to determine the amount of funds to credit to a county	46155
under this section;	46156

(c) The method the department will use to change the payment	46157
of the county share of public assistance expenditures from a	46158
calendar-year basis to a state fiscal year basis;	46159

(d) The percentage to be used for the purpose of division	46160
(B)(3) of this section, which shall, except as provided in section	46161
5101.163 of the Revised Code, meet both of the following	46162
requirements:	46163

(i) The percentage shall not be less than seventy-five per	46164
cent nor more than eighty-two per cent;	46165

(ii) The percentage shall not exceed the percentage that the	46166
state's qualified state expenditures is of the state's historic	46167
state expenditures as those terms are defined in 42 U.S.C.	46168
609(a)(7).	46169

(e) Other procedures and requirements necessary to implement	46170
this section.	46171

(2) The director of job and family services may amend the	46172
rule adopted under division (F)(1)(d) of this section to modify	46173
the percentage on determination that the amount the general	46174
assembly appropriates for Title IV-A programs makes the	46175
modification necessary. The rule shall be adopted and amended as	46176
if an internal management rule and in consultation with the	46177
director of budget and management.	46178

Sec. 5101.162. Subject to available federal funds and	46179
appropriations made by the general assembly, the department of job	46180
and family services may, at its sole discretion, use available	46181
federal funds to reimburse county expenditures for county	46182
administration of food stamps or medicaid even though the county	46183
expenditures meet or exceed the maximum allowable reimbursement	46184
amount established by rules adopted under section 5101.161 of the	46185
Revised Code ~~if the board of county commissioners has entered into~~	46186
~~a fiscal agreement with the director of job and family services~~	46187
~~under section 5101.21 of the Revised Code~~. The director may adopt	46188
internal management rules in accordance with section 111.15 of the	46189
Revised Code to implement this section.	46190

Sec. 5101.21. (A) As used in ~~this section, "county signer~~	46191
sections 5101.21 to 5101.212 of the Revised Code:	46192

(1) "County grantee" means all of the following:

46193

~~(1)~~(a) A board of county commissioners;

46194

~~(2)~~(b) A county children services board appointed under	46195
section 5153.03 of the Revised Code ~~if required by division (B) of~~	46196
~~this section to enter into a fiscal agreement~~;	46197

~~(3)~~(c) A county elected official that is a child support	46198
enforcement agency ~~if required by division (B) of this section to~~	46199
~~enter into a fiscal agreement~~.	46200

(2) "County subgrant" means a grant that a county grantee	46201
awards to another entity.	46202

(3) "County subgrant agreement" means an agreement between a	46203
county grantee and another entity under which the county grantee	46204
awards the other entity one or more county subgrants.	46205

(4) "Fiscal biennial period" means a two-year period	46206
beginning on the first day of July of an odd-numbered year and	46207
ending on the last day of June of the next odd-numbered year.	46208

(5) "Grant" means an award for one or more family services	46209
duties of federal financial assistance that a federal agency	46210
provides in the form of money, or property in lieu of money, to	46211
the department of job and family services and that the department	46212
awards to a county grantee. "Grant" may include state funds the	46213
department awards to a county grantee to match the federal	46214
financial assistance. "Grant" does not mean either of the	46215
following:	46216

(a) Technical assistance that provides services instead of	46217
money;	46218

(b) Other assistance provided in the form of revenue sharing,	46219
loans, loan guarantees, interest subsidies, or insurance.	46220

(6) "Grant agreement" means an agreement between the	46221
department of job and family services and a county grantee under	46222
which the department awards the county grantee one or more grants.	46223

(B) ~~The~~Effective July 1, 2008, the director of job and	46224
family services may award grants to counties only through grant	46225
agreements entered into under this section.	46226

(C) The director shall enter into one or more written ~~fiscal~~	46227
grant agreements with ~~boards of~~the county ~~commissioners under~~	46228
~~which financial assistance is awarded for family services duties~~	46229
~~included in the agreements~~grantees of each county. ~~Boards of~~	46230
~~county commissioners shall select which family services duties to~~	46231
~~include in a fiscal agreement. If a board of county commissioners~~	46232
~~elects to include family services duties of a public children~~	46233
~~services agency and a county children services board appointed~~	46234
~~under section 5153.03 of the Revised Code serves as the county's~~	46235
~~public children services agency, the board of county commissioners~~	46236
~~and county children services board shall jointly enter into the~~	46237
~~fiscal agreement with the director. If a board of county~~	46238
~~commissioners elects to include family services duties of a child~~	46239
~~support enforcement agency and the entity designated under former~~	46240
~~section 2301.35 of the Revised Code prior to October 1, 1997, or~~	46241
~~designated under section 307.981 of the Revised Code as the~~	46242
~~county's child support enforcement agency is an elected official~~	46243
~~of the county, the board of county commissioners and county~~	46244
~~elected official~~If a county has multiple county grantees, the	46245
director shall jointly enter into the ~~fiscal~~grant agreement with	46246
~~the director~~all of the county grantees. The initial grant	46247
agreement shall be entered into not later than January 31, 2008,	46248
and shall be in effect for fiscal year 2009. Except as provided in	46249
rules adopted under this section, subsequent grant agreements	46250
shall be entered into before the first day of each successive	46251
fiscal biennial period and shall be in effect for that fiscal	46252
biennial period or, in the case of a grant agreement entered into	46253
after the first day of a fiscal biennial period and except as	46254
provided by section 5101.211 of the Revised Code, for the	46255
remainder of the fiscal biennial period. A ~~fiscal~~grant agreement	46256
shall do all of the following:	46257

(1) Comply with all of the conditions, requirements, and	46258
restrictions applicable to the family services duties for which	46259
the grants included in the agreement are awarded, including the	46260
conditions, requirements, and restrictions established by the	46261
department, federal or state law, state plans for receipt of	46262
federal financial participation, agreements between the department	46263
and a federal agency, and executive orders issued by the governor;	46264

(2) Establish terms and conditions governing the	46265
accountability for and use of the grants included in the grant	46266
agreement;	46267

(3) Specify ~~the~~both of the following:

46268

(a) The family services duties ~~included in the agreement and~~	46269
~~the~~for which the grants included in the agreement are awarded;	46270

(b) The private and government entities designated under	46271
section 307.981 of the Revised Code to serve as the county family	46272
services agencies performing the family services duties;	46273

~~(2)~~(4) Provide for the department of job and family services	46274
to award ~~financial assistance for~~ the ~~family services duties~~	46275
grants included in the agreement in accordance with a methodology	46276
for determining the amount of the award established by rules	46277
adopted under ~~division (D) of~~ this section;	46278

~~(3)~~(5) Specify the form of the ~~award of financial assistance~~	46279
grants which may be ~~an allocation,~~a cash draw, reimbursement,	46280
property, advance, working capital advance, or~~, to the extent~~	46281
~~authorized by an appropriation made by the general assembly and to~~	46282
~~the extent practicable and not in conflict with a federal or state~~	46283
~~law, a consolidated funding allocation for two or more family~~	46284
~~services duties included in the agreement~~other forms specified in	46285
rules adopted under this section;	46286

~~(4)~~(6) Provide that the ~~award of financial assistance is~~	46287
grants are subject to the availability of federal funds and	46288
appropriations made by the general assembly;	46289

~~(5)~~(7) Specify annual financial, administrative, or other	46290
incentive awards, if any, to be provided in accordance with	46291
section 5101.23 of the Revised Code;	46292

~~(6)~~(8) Include the assurance of each county ~~signer~~grantee	46293
that the county ~~signer~~grantee will do all of the following:	46294

(a) Ensure that the ~~financial assistance awarded under~~grants	46295
included in the agreement isare used, and the family services	46296
duties ~~included in~~for which the ~~agreement~~grants are awarded are	46297
performed, in accordance with conditions, requirements ~~for~~, and	46298
restrictions applicable to the duties established by the	46299
department, a federal or state law, ~~or any of the following that~~	46300
~~concern the family services duties included in the fiscal~~	46301
~~agreement and are published under section 5101.212 of the Revised~~	46302
~~Code:~~ state plans for receipt of federal financial participation,	46303
~~grant~~ agreements between the department and a federal agency, and	46304
executive orders issued by the governor;	46305

(b) ~~Ensure that the board and county family services agencies~~	46306
~~utilize~~Utilize a financial management system and other	46307
accountability mechanisms for the ~~financial assistance~~grants	46308
awarded under the agreement that meet requirements the department	46309
establishes;	46310

(c) ~~Require the county family services agencies to do both~~Do	46311
all of the following with regard to a county subgrant:	46312

(i) Award the subgrant through a written county subgrant	46313
agreement that requires the entity awarded the county subgrant to	46314
comply with all conditions, requirements, and restrictions	46315
applicable to the county grantee regarding the grant that the	46316
county grantee subgrants to the entity, including the conditions,	46317
requirements, and restrictions of this section;	46318

(ii) Monitor ~~all private and government entities~~the entity	46319
that ~~receive a payment from financial assistance~~is awarded ~~under~~	46320
the ~~agreement~~subgrant to ensure that ~~each~~the entity uses the	46321
~~payment~~subgrant in accordance with conditions, requirements ~~for~~,	46322
and restrictions applicable to the family services duties ~~included~~	46323
infor which the ~~agreement~~subgrant is awarded;	46324

~~(ii)~~(iii) Take action to recover ~~payments~~subgrants that are	46325
not used in accordance with the conditions, requirements ~~for~~, or	46326
restrictions applicable to the family services duties ~~included in~~	46327
for which the ~~agreement~~subgrant is awarded.	46328

(d) ~~Require county family services agencies to promptly~~	46329
Promptly reimburse the department the amount that represents the	46330
amount ~~an agency~~the county grantee is responsible for, pursuant	46331
to action the department takes under division (C) of section	46332
5101.24 of the Revised Code, of funds the department pays to any	46333
entity because of an adverse audit finding, adverse quality	46334
control finding, final disallowance of federal financial	46335
participation, or other sanction or penalty;	46336

(e) ~~Require county family services agencies to take~~Take	46337
prompt corrective action, including paying amounts resulting from	46338
an adverse finding, sanction, or penalty, if the department,	46339
auditor of state, federal agency, or other entity authorized by	46340
federal or state law to determine compliance with the conditions,	46341
requirements ~~for~~, and restrictions applicable to a family services	46342
duty for which a grant included in the agreement is awarded	46343
determines compliance has not been achieved;	46344

(f) Ensure that any matching funds, regardless of the source,	46345
that the county grantee manages are clearly identified and used in	46346
accordance with federal and state laws and the agreement.	46347

~~(7)~~(9) Provide for the department taking action pursuant to	46348
division (C) of section 5101.24 of the Revised Code if authorized	46349
by division (B)(1), (2), (3), or (4) of that section;	46350

~~(8)~~(10) Provide for timely audits required by federal and	46351
state law and require prompt release of audit findings and prompt	46352
action to correct problems identified in an audit;	46353

~~(9) Comply with all of the requirements for the family~~	46354
~~services duties that are included in the agreement and have been~~	46355
~~established by the department, federal or state law, or any of the~~	46356
~~following that concern the family services duties included in the~~	46357
~~fiscal agreement and are published under section 5101.212 of the~~	46358
~~Revised Code: state plans for receipt of federal financial~~	46359
~~participation, grant agreements between the department and a~~	46360
~~federal agency, and executive orders issued by the governor;~~	46361

~~(10)~~(11) Provide for ~~dispute resolution~~administrative review	46362
procedures in accordance with section 5101.24 of the Revised Code;	46363

~~(11)~~(12) Establish the method of amending or terminating the	46364
agreement and an expedited process for correcting terms or	46365
conditions of the agreement that the director and each county	46366
~~signer~~grantee agree are erroneous;	46367

~~(12) Except as provided in rules adopted under division (D)~~	46368
~~of this section, begin on the first day of July of an odd-numbered~~	46369
~~year and end on the last day of June of the next odd-numbered~~	46370
~~year~~.	46371

~~(C)~~(D) A grant agreement does not have to be amended for a	46372
county grantee to be required to comply with a new or amended	46373
condition, requirement, or restriction for a family services duty	46374
established by federal or state law, state plan for receipt of	46375
federal financial participation, agreement between the department	46376
and a federal agency, or executive order issued by the governor.	46377

(E) The department shall make payments authorized by a ~~fiscal~~	46378
grant agreement on vouchers it prepares and may include any funds	46379
appropriated or allocated to it for carrying out family services	46380
duties for which a grant included in the agreement is awarded,	46381
including funds for personal services and maintenance.	46382

~~(D)~~(F)(1) The director shall adopt rules in accordance with	46383
section 111.15 of the Revised Code governing ~~fiscal~~grant	46384
agreements. The director shall adopt the rules as if they were	46385
internal management rules. Before adopting the rules, the director	46386
shall give the public an opportunity to review and comment on the	46387
proposed rules. The rules shall establish methodologies to be used	46388
to determine the amount of ~~financial assistance to be awarded~~	46389
~~under~~the grants included in the agreements. The rules also shall	46390
establish terms and conditions under which an agreement may be	46391
entered into after the first day of ~~July of an odd-numbered year~~a	46392
fiscal biennial period. The rules may do any or all of the	46393
following:	46394

(a) Govern the award of grants included in grant agreements,	46395
including the establishment of ~~allocations~~, and restrictions on,	46396
the form of the grants and the distribution of the grants;	46397

(b) Specify allowable uses of ~~financial assistance awarded~~	46398
~~under~~the grants included in the agreements;	46399

(c) Establish reporting, cash management, audit, and other	46400
requirements the director determines are necessary to provide	46401
accountability for the use of ~~financial assistance awarded under~~	46402
the grants included in the agreements and determine compliance	46403
with conditions, requirements, and restrictions established by the	46404
department, a federal or state law, ~~or any of the following that~~	46405
~~concern the family services duties included in the agreements and~~	46406
~~are published under section 5101.212 of the Revised Code:~~ state	46407
plans for receipt of federal financial participation, ~~grant~~	46408
agreements between the department and a federal ~~entity~~agency, and	46409
executive orders issued by the governor.	46410

(2) A requirement of a ~~fiscal~~grant agreement established by	46411
a rule adopted under this division is applicable to a ~~fiscal~~grant	46412
agreement without having to be restated in the ~~fiscal~~grant	46413
agreement. A requirement established by a grant agreement is	46414
applicable to the grant agreement without having to be restated in	46415
a rule.	46416

Sec. 5101.211. ~~(A) Except as provided in division (B) of~~	46417
~~this section, the~~The director of job and family services may	46418
provide for a ~~fiscal~~grant agreement entered into under section	46419
5101.21 of the Revised Code to have a retroactive effective date	46420
of the first day of July of an odd-numbered year if both of the	46421
following are the case:	46422

~~(1)~~(A) The agreement is entered into after that date and	46423
before the last day of that July.	46424

~~(2)~~(B) The board of county commissioners requests the	46425
retroactive effective date and provides the director good cause	46426
satisfactory to the director for the reason the agreement was not	46427
entered into on or before the first day of that July.	46428

~~(B) The director may provide for a fiscal agreement to have a~~	46429
~~retroactive effective date of July 1, 2003, if both of the~~	46430
~~following are the case:~~	46431

~~(1) The agreement is entered into after July 1, 2003, and~~	46432
~~before August 29, 2003.~~	46433

~~(2) The board of county commissioners requests the~~	46434
~~retroactive effective date.~~	46435

Sec. 5101.212. The department of job and family services	46436
shall publish in a manner accessible to the public all of the	46437
following that concern family services duties for which grants	46438
included in ~~fiscal~~grant agreements entered into under section	46439
5101.21 of the Revised Code are awarded: state plans for receipt	46440
of federal financial participation, ~~grant~~ agreements between the	46441
department and a federal agency, and executive orders issued by	46442
the governor. The department may publish the materials	46443
electronically or otherwise.	46444

Sec. 5101.213. (A) ~~Except as provided in section 5101.211 of~~	46445
~~the Revised Code, if a fiscal agreement under section 5101.21 of~~	46446
~~the Revised Code between the director of job and family services~~	46447
~~and a board of county commissioners is not in effect~~Until July 1,	46448
2008, all of the following apply:	46449

(1) ~~The~~For each board of county commissioners, the	46450
department of job and family services shall award to the county	46451
the board serves financial assistance for family services duties	46452
in accordance with a methodology for determining the amount of the	46453
award established by rules adopted under division (B) of this	46454
section.	46455

(2) The financial assistance may be provided in the form of	46456
allocations, cash draws, reimbursements, and property but may not	46457
be made in the form of a consolidated funding allocation.	46458

(3) The award of the financial assistance is subject to the	46459
availability of federal funds and appropriations made by the	46460
general assembly.	46461

(4) The county family services agencies performing the family	46462
services duties for which the financial assistance is awarded	46463
shall do all of the following:	46464

(a) Use the financial assistance, and perform the family	46465
services duties, in accordance with requirements for the duties	46466
established by the department, a federal or state law, or any of	46467
the following that concern the duties: state plans for receipt of	46468
federal financial participation, grant agreements between the	46469
department and a federal agency, and executive orders issued by	46470
the governor;	46471

(b) Utilize a financial management system and other	46472
accountability mechanisms for the financial assistance that meet	46473
requirements the department establishes;	46474

(c) Monitor all private and government entities that receive	46475
a payment from the financial assistance to ensure that each entity	46476
uses the payment in accordance with requirements for the family	46477
services duties and take action to recover payments that are not	46478
used in accordance with the requirements for the family services	46479
duties;	46480

(d) Promptly reimburse the department the amount that	46481
represents the amount an agency is responsible for, pursuant to	46482
action the department takes under division (C) of section 5101.24	46483
of the Revised Code, of funds the department pays to any entity	46484
because of an adverse audit finding, adverse quality control	46485
finding, final disallowance of federal financial participation, or	46486
other sanction or penalty;	46487

(e) Take prompt corrective action, including paying amounts	46488
resulting from an adverse finding, sanction, or penalty, if the	46489
department, auditor of state, federal agency, or other entity	46490
authorized by federal or state law to determine compliance with	46491
requirements for a family services duty determines compliance has	46492
not been achieved.	46493

(B) The director shall adopt rules in accordance with section	46494
111.15 of the Revised Code as necessary to implement this section.	46495
The director shall adopt the rules as if they were internal	46496
management rules. Before adopting the rules, the director shall	46497
give the public an opportunity to review and comment on the	46498
proposed rules. The rules shall establish methodologies to be used	46499
to determine the amount of financial assistance to be awarded and	46500
may do any or all of the following:	46501

(1) Govern the establishment of funding allocations;

46502

(2) Specify allowable uses of financial assistance the	46503
department awards under this section;	46504

(3) Establish reporting, cash management, audit, and other	46505
requirements the director determines are necessary to provide	46506
accountability for the use of the financial assistance and	46507
determine compliance with requirements established by the	46508
department, a federal or state law, or any of the following that	46509
concern the family services duties for which the financial	46510
assistance is awarded: state plans for receipt of federal	46511
financial participation, grant agreements between the department	46512
and a federal entity, and executive orders issued by the governor.	46513

Sec. 5101.24. (A) As used in this section, "responsible	46514
~~entity~~county grantee" means ~~a board of county commissioners or a~~	46515
~~county family services agency,~~ whichever county grantee, as	46516
defined in section 5101.21 of the Revised Code, the director of	46517
job and family services determines is appropriate to take action	46518
against under division (C) of this section.	46519

(B) Regardless of whether a family services duty is performed	46520
by a county family services agency, private or government entity	46521
pursuant to a contract entered into under section 307.982 of the	46522
Revised Code or division (C)(2) of section 5153.16 of the Revised	46523
Code, or private or government provider of a family service duty,	46524
the department of job and family services may take action under	46525
division (C) of this section against the responsible ~~entity~~county	46526
grantee if the department determines any of the following are the	46527
case:	46528

(1) A requirement of a ~~fiscal~~grant agreement entered into	46529
under section 5101.21 of the Revised Code that includes a grant	46530
for the family services duty, including a requirement for ~~fiscal~~	46531
grant agreements established by rules adopted under that section,	46532
is not complied with;	46533

(2) A county family services agency fails to develop, submit	46534
to the department, or comply with a corrective action plan under	46535
division (B) of section 5101.221 of the Revised Code, or the	46536
department disapproves the agency's corrective action plan	46537
developed under division (B) of section 5101.221 of the Revised	46538
Code;	46539

(3) A requirement for the family services duty established by	46540
the department or any of the following is not complied with: a	46541
federal or state law, state plan for receipt of federal financial	46542
participation, grant agreement between the department and a	46543
federal agency, or executive order issued by the governor;	46544

(4) The responsible ~~entity~~county grantee is solely or	46545
partially responsible, as determined by the director of job and	46546
family services, for an adverse audit finding, adverse quality	46547
control finding, final disallowance of federal financial	46548
participation, or other sanction or penalty regarding the family	46549
services duty.	46550

(C) The department may take one or more of the following	46551
actions against the responsible ~~entity~~county grantee when	46552
authorized by division (B)(1), (2), (3), or (4) of this section:	46553

(1) Require the responsible ~~entity~~county grantee to comply	46554
with a corrective action plan pursuant to a time schedule	46555
specified by the department. The corrective action plan shall be	46556
established or approved by the department and shall not require a	46557
county ~~family services agency~~grantee to commit resources to the	46558
plan.	46559

(2) Require the responsible ~~entity~~county grantee to comply	46560
with a corrective action plan pursuant to a time schedule	46561
specified by the department. The corrective action plan shall be	46562
established or approved by the department and require a county	46563
~~family services agency~~grantee to commit to the plan existing	46564
resources identified by the agency.	46565

(3) Require the responsible ~~entity~~county grantee to do one	46566
of the following:	46567

(a) Share with the department a final disallowance of federal	46568
financial participation or other sanction or penalty;	46569

(b) Reimburse the department the final amount the department	46570
pays to the federal government or another entity that represents	46571
the amount the responsible ~~entity~~county grantee is responsible	46572
for of an adverse audit finding, adverse quality control finding,	46573
final disallowance of federal financial participation, or other	46574
sanction or penalty issued by the federal government, auditor of	46575
state, or other entity;	46576

(c) Pay the federal government or another entity the final	46577
amount that represents the amount the responsible ~~entity~~county	46578
grantee is responsible for of an adverse audit finding, adverse	46579
quality control finding, final disallowance of federal financial	46580
participation, or other sanction or penalty issued by the federal	46581
government, auditor of state, or other entity;	46582

(d) Pay the department the final amount that represents the	46583
amount the responsible ~~entity~~county grantee is responsible for of	46584
an adverse audit finding or adverse quality control finding.	46585

(4) Impose an administrative sanction issued by the	46586
department against the responsible ~~entity~~county grantee. A	46587
sanction may be increased if the department has previously taken	46588
action against the responsible entity under this division.	46589

(5) Perform, or contract with a government or private entity	46590
for the entity to perform, the family services duty until the	46591
department is satisfied that the responsible ~~entity~~county grantee	46592
ensures that the duty will be performed satisfactorily. If the	46593
department performs or contracts with an entity to perform a	46594
family services duty under division (C)(5) of this section, the	46595
department may do either or both of the following:	46596

(a) Spend funds in the county treasury appropriated by the	46597
board of county commissioners for the duty;	46598

(b) Withhold funds allocated or reimbursements due to the	46599
responsible ~~entity~~county grantee for the duty and spend the funds	46600
for the duty.	46601

(6) Request that the attorney general bring mandamus	46602
proceedings to compel the responsible ~~entity~~county grantee to	46603
take or cease the action that causes division (B)(1), (2), (3), or	46604
(4) of this section to apply. The attorney general shall bring	46605
mandamus proceedings in the Franklin county court of appeals at	46606
the department's request.	46607

(7) If the department takes action under this division	46608
because of division (B)(3) of this section, temporarily withhold	46609
funds allocated or reimbursement due to the responsible ~~entity~~	46610
county grantee until the department determines that the	46611
responsible ~~entity~~county grantee is in compliance with the	46612
requirement. The department shall release the funds when the	46613
department determines that compliance has been achieved.	46614

(D) If the department proposes to take action against the	46615
responsible ~~entity~~county grantee under division (C) of this	46616
section, the department shall notify the responsible ~~entity~~county	46617
grantee, director of the appropriate county family services	46618
agency, and county auditor. The notice shall be in writing and	46619
specify the action the department proposes to take. The department	46620
shall send the notice by regular United States mail.	46621

Except as provided by division (E) of this section, the	46622
responsible ~~entity~~county grantee may request an administrative	46623
review of a proposed action in accordance with administrative	46624
review procedures the department shall establish. The	46625
administrative review procedures shall comply with all of the	46626
following:	46627

(1) A request for an administrative review shall state	46628
specifically all of the following:	46629

(a) The proposed action specified in the notice from the	46630
department for which the review is requested;	46631

(b) The reason why the responsible ~~entity~~county grantee	46632
believes the proposed action is inappropriate;	46633

(c) All facts and legal arguments that the responsible ~~entity~~	46634
county grantee wants the department to consider;	46635

(d) The name of the person who will serve as the responsible	46636
~~entity's~~county grantee's representative in the review.	46637

(2) If the department's notice specifies more than one	46638
proposed action and the responsible ~~entity~~county grantee does not	46639
specify all of the proposed actions in its request pursuant to	46640
division (D)(1)(a) of this section, the proposed actions not	46641
specified in the request shall not be subject to administrative	46642
review and the parts of the notice regarding those proposed	46643
actions shall be final and binding on the responsible ~~entity~~	46644
county grantee.	46645

(3) In the case of a proposed action under division (C)(1) of	46646
this section, the responsible ~~entity~~county grantee shall have	46647
fifteen calendar days after the department mails the notice to the	46648
responsible ~~entity~~county grantee to send a written request to the	46649
department for an administrative review. If it receives such a	46650
request within the required time, the department shall postpone	46651
taking action under division (C)(1) of this section for fifteen	46652
calendar days following the day it receives the request or	46653
extended period of time provided for in division (D)(5) of this	46654
section to allow a representative of the department and a	46655
representative of the responsible ~~entity~~county grantee an	46656
informal opportunity to resolve any dispute during that	46657
fifteen-day or extended period.	46658

(4) In the case of a proposed action under division (C)(2),	46659
(3), (4), (5), or (7) of this section, the responsible ~~entity~~	46660
county grantee shall have thirty calendar days after the	46661
department mails the notice to the responsible ~~entity~~county	46662
grantee to send a written request to the department for an	46663
administrative review. If it receives such a request within the	46664
required time, the department shall postpone taking action under	46665
division (C)(2), (3), (4), (5), or (7) of this section for thirty	46666
calendar days following the day it receives the request or	46667
extended period of time provided for in division (D)(5) of this	46668
section to allow a representative of the department and a	46669
representative of the responsible ~~entity~~county grantee an	46670
informal opportunity to resolve any dispute during that thirty-day	46671
or extended period.	46672

(5) If the informal opportunity provided in division (D)(3)	46673
or (4) of this section does not result in a written resolution to	46674
the dispute within the fifteen- or thirty-day period, the director	46675
of job and family services and representative of the responsible	46676
~~entity~~county grantee may enter into a written agreement extending	46677
the time period for attempting an informal resolution of the	46678
dispute under division (D)(3) or (4) of this section.	46679

(6) In the case of a proposed action under division (C)(3) of	46680
this section, the responsible ~~entity~~county grantee may not	46681
include in its request disputes over a finding, final disallowance	46682
of federal financial participation, or other sanction or penalty	46683
issued by the federal government, auditor of state, or entity	46684
other than the department.	46685

(7) If the responsible ~~entity~~county grantee fails to request	46686
an administrative review within the required time, the responsible	46687
~~entity~~county grantee loses the right to request an administrative	46688
review of the proposed actions specified in the notice and the	46689
notice becomes final and binding on the responsible ~~entity~~county	46690
grantee.	46691

(8) If the informal opportunity provided in division (D)(3)	46692
or (4) of this section does not result in a written resolution to	46693
the dispute within the time provided by division (D)(3), (4), or	46694
(5) of this section, the director shall appoint an administrative	46695
review panel to conduct the administrative review. The review	46696
panel shall consist of department employees and one director or	46697
other representative of the type of county family services agency	46698
that is responsible for the kind of family services duty that is	46699
the subject of the dispute and serves a different county than the	46700
county served by the responsible ~~entity~~county grantee. No	46701
individual involved in the department's proposal to take action	46702
against the responsible ~~entity~~county grantee may serve on the	46703
review panel. The review panel shall review the responsible	46704
~~entity's~~county grantee's request. The review panel may require	46705
that the department or responsible ~~entity~~county grantee submit	46706
additional information and schedule and conduct an informal	46707
hearing to obtain testimony or additional evidence. A review of a	46708
proposal to take action under division (C)(3) of this section	46709
shall be limited solely to the issue of the amount the responsible	46710
~~entity~~county grantee shall share with the department, reimburse	46711
the department, or pay to the federal government, department, or	46712
other entity under division (C)(3) of this section. The review	46713
panel is not required to make a stenographic record of its hearing	46714
or other proceedings.	46715

(9) After finishing an administrative review, an	46716
administrative review panel appointed under division (D)(8) of	46717
this section shall submit a written report to the director setting	46718
forth its findings of fact, conclusions of law, and	46719
recommendations for action. The director may approve, modify, or	46720
disapprove the recommendations. If the director modifies or	46721
disapproves the recommendations, the director shall state the	46722
reasons for the modification or disapproval and the actions to be	46723
taken against the responsible ~~entity~~county grantee.	46724

(10) The director's approval, modification, or disapproval	46725
under division (D)(9) of this section shall be final and binding	46726
on the responsible ~~entity~~county grantee and shall not be subject	46727
to further departmental review.	46728

(E) The responsible ~~entity~~county grantee is not entitled to	46729
an administrative review under division (D) of this section for	46730
any of the following:	46731

(1) An action taken under division (C)(6) of this section;

46732

(2) An action taken under section 5101.242 of the Revised	46733
Code;	46734

(3) An action taken under division (C)(3) of this section if	46735
the federal government, auditor of state, or entity other than the	46736
department has identified the responsible county ~~family services~~	46737
~~agency~~grantee as being solely or partially responsible for an	46738
adverse audit finding, adverse quality control finding, final	46739
disallowance of federal financial participation, or other sanction	46740
or penalty;	46741

(4) An adjustment to an allocation, cash draw, advance, or	46742
reimbursement to a responsible county ~~family services agency~~	46743
grantee that the department determines necessary for budgetary	46744
reasons;	46745

(5) Withholding of a cash draw or reimbursement due to	46746
noncompliance with a reporting requirement established in rules	46747
adopted under section 5101.243 of the Revised Code.	46748

(F) This section does not apply to other actions the	46749
department takes against the responsible ~~entity~~county grantee	46750
pursuant to authority granted by another state law unless the	46751
other state law requires the department to take the action in	46752
accordance with this section.	46753

(G) The director of job and family services may adopt rules	46754
in accordance with Chapter 119. of the Revised Code as necessary	46755
to implement this section.	46756

Sec. 5101.242. The department of job and family services may	46757
certify a claim to the attorney general under section 131.02 of	46758
the Revised Code for the attorney general to take action under	46759
that section against a responsible county grantee or responsible	46760
entity to recover any funds that the department determines the	46761
responsible county grantee or responsible entity owes the	46762
department for actions taken under division (C)(2), (3), (4), or	46763
(5) of section 5101.24 or 5101.241 of the Revised Code.	46764

Sec. 5101.244. If ~~a county family services agency submits an~~	46765
~~expenditure report to~~ the department of job and family services	46766
~~and the department subsequently~~ determines that a grant awarded to	46767
a county grantee in a grant agreement entered into under section	46768
5101.21 of the Revised Code, an allocation, advance, or	46769
reimbursement the department makes to ~~the~~a county family services	46770
agency, or a cash draw ~~the~~a county family services agency makes,	46771
~~for an expenditure~~ exceeds the allowable amount for the	46772
~~expenditure~~grant, allocation, advance, reimbursement, or cash	46773
draw, the department may adjust, offset, withhold, or reduce an	46774
allocation, cash draw, advance, reimbursement, or other financial	46775
assistance to the county grantee or county family services agency	46776
as necessary to recover the amount of the excess grant,	46777
allocation, advance, reimbursement, or cash draw. The department	46778
is not required to make the adjustment, offset, withholding, or	46779
reduction in accordance with section 5101.24 of the Revised Code.	46780

The director of job and family services may adopt rules under	46781
section 111.15 of the Revised Code as necessary to implement this	46782
section. The director shall adopt the rules as if they were	46783
internal management rules.	46784

Sec. 5101.26. As used in this section and in sections	46785
5101.27 to 5101.30 of the Revised Code:	46786

(A) "County agency" means a county department of job and	46787
family services or a public children services agency.	46788

(B) "Fugitive felon" means an individual who is fleeing to	46789
avoid prosecution, or custody or confinement after conviction,	46790
under the laws of the place from which the individual is fleeing,	46791
for a crime or an attempt to commit a crime that is a felony under	46792
the laws of the place from which the individual is fleeing or, in	46793
the case of New Jersey, a high misdemeanor, regardless of whether	46794
the individual has departed from the individual's usual place of	46795
residence.	46796

(C) "Information" means records as defined in section 149.011	46797
of the Revised Code, any other documents in any format, and data	46798
derived from records and documents that are generated, acquired,	46799
or maintained by the department of job and family services, a	46800
county agency, or an entity performing duties on behalf of the	46801
department or a county agency.	46802

(D) "Law enforcement agency" means the state highway patrol,	46803
an agency that employs peace officers as defined in section 109.71	46804
of the Revised Code, the adult parole authority, a county	46805
department of probation, a prosecuting attorney, the attorney	46806
general, similar agencies of other states, federal law enforcement	46807
agencies, and postal inspectors. "Law enforcement agency" includes	46808
the peace officers and other law enforcement officers employed by	46809
the agency.	46810

(E) "Medical assistance provided under a public assistance	46811
program" means medical assistance provided under the programs	46812
established under sections 5101.49, 5101.50 to 5101.503, ~~and~~	46813
5101.51 to 5101.5110, and 5101.52 to 5101.529, Chapters 5111. and	46814
5115., or any other provision of the Revised Code.	46815

(F) "Public assistance" means financial assistance, medical	46816
assistance, or social services provided under a program	46817
administered by the department of job and family services or a	46818
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	46819
5108., 5111., or 5115. of the Revised Code or an executive order	46820
issued under section 107.17 of the Revised Code.	46821

(G) "Public assistance recipient" means an applicant for or	46822
recipient or former recipient of public assistance.	46823

Sec. 5101.27. (A) Except as permitted by this section,	46824
section 5101.272, 5101.28, or 5101.29 of the Revised Code, or the	46825
rules adopted under division (A) of section 5101.30 of the Revised	46826
Code, or required by federal law, no person or government entity	46827
shall solicit, disclose, receive, use, or knowingly permit, or	46828
participate in the use of any information regarding a public	46829
assistance recipient for any purpose not directly connected with	46830
the administration of a public assistance program.	46831

(B) To the extent permitted by federal law, the department of	46832
job and family services and county agencies shall do all of the	46833
following:	46834

(1) Release information regarding a public assistance	46835
recipient for purposes directly connected to the administration of	46836
the program to a government entity responsible for administering	46837
that public assistance program;	46838

(2) Provide information regarding a public assistance	46839
recipient to a law enforcement agency for the purpose of any	46840
investigation, prosecution, or criminal or civil proceeding	46841
relating to the administration of that public assistance program;	46842

(3) Provide, for purposes directly connected to the	46843
administration of a program that assists needy individuals with	46844
the costs of public utility services, information regarding a	46845
recipient of financial assistance provided under a program	46846
administered by the department or a county agency pursuant to	46847
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	46848
5115.07 of the Revised Code to an entity administering the public	46849
utility services program.	46850

(C) To the extent permitted by federal law and section	46851
1347.08 of the Revised Code, the department and county agencies	46852
shall provide access to information regarding a public assistance	46853
recipient to all of the following:	46854

(1) The recipient;

46855

(2) The authorized representative;

46856

(3) The legal guardian of the recipient;

46857

(4) The attorney of the recipient, if the attorney has	46858
written authorization that complies with section 5101.271 of the	46859
Revised Code from the recipient.	46860

(D) To the extent permitted by federal law and subject to	46861
division (E) of this section, the department and county agencies	46862
may do both of the following:	46863

(1) Release information about a public assistance recipient	46864
if the recipient gives voluntary, written authorization that	46865
complies with section 5101.271 of the Revised Code;	46866

(2) Release information regarding a public assistance	46867
recipient to a state, federal, or federally assisted program that	46868
provides cash or in-kind assistance or services directly to	46869
individuals based on need or for the purpose of protecting	46870
children to a government entity responsible for administering a	46871
children's protective services program.	46872

(E) Except when the release is required by division (B), (C),	46873
or (D)(2) of this section, the department or county agency shall	46874
release the information only in accordance with the authorization.	46875
The department or county agency shall provide, at no cost, a copy	46876
of each written authorization to the individual who signed it.	46877

(F) The department or county agency may release information	46878
under division (D) of this section concerning the receipt of	46879
medical assistance provided under a public assistance program only	46880
if all of the following conditions are met:	46881

(1) The release of information is for purposes directly	46882
connected to the administration of or provision of medical	46883
assistance provided under a public assistance program;	46884

(2) The information is released to persons or government	46885
entities that are subject to standards of confidentiality and	46886
safeguarding information substantially comparable to those	46887
established for medical assistance provided under a public	46888
assistance program;	46889

(3) The department or county agency has obtained an	46890
authorization consistent with section 5101.271 of the Revised	46891
Code.	46892

(G) Information concerning the receipt of medical assistance	46893
provided under a public assistance program may be released only if	46894
the release complies with this section and rules adopted by the	46895
department pursuant to section 5101.30 of the Revised Code or, if	46896
more restrictive, the Health Insurance Portability and	46897
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	46898
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	46899
the United States department of health and human services to	46900
implement the act.	46901

(H) The department of job and family services may adopt rules	46902
defining "authorized representative" for purposes of division	46903
(C)(2) of this section.	46904

Sec. 5101.272. Not later than August 31, 2007, the director	46905
of job and family services shall submit a report to the general	46906
assembly on the costs and potential three-year cost savings	46907
associated with participation in the federally-administered public	46908
assistance reporting information system. If cost savings are	46909
indicated in the report, not later than October 1, 2007, the	46910
department of job and family services shall enter into any	46911
necessary agreements with the United States department of health	46912
and human services and neighboring states to join and participate	46913
as an active member in the public assistance reporting information	46914
system. The department may disclose information regarding a public	46915
assistance recipient to the extent necessary to participate as an	46916
active member in the public assistance reporting information	46917
system.	46918

Sec. 5101.47. (A) Except as provided in division (B) of	46919
this section, the director of job and family services may accept	46920
applications, determine eligibility, redetermine eligibility, and	46921
perform related administrative activities for one or more of the	46922
following:	46923

(1) The medicaid program established by Chapter 5111. of the	46924
Revised Code;	46925

(2) The children's health insurance program parts I ~~and~~, II,	46926
and III provided for under sections 5101.50 ~~and~~, 5101.51, and	46927
5101.52 of the Revised Code;	46928

(3) Publicly funded child care provided under Chapter 5104.	46929
of the Revised Code;	46930

(4) The food stamp program administered by the department of	46931
job and family services pursuant to section 5101.54 of the Revised	46932
Code;	46933

(5) Other programs the director determines are supportive of	46934
children, adults, or families;	46935

(6) Other programs regarding which the director determines	46936
administrative cost savings and efficiency may be achieved through	46937
the department accepting applications, determining eligibility,	46938
redetermining eligibility, or performing related administrative	46939
activities.	46940

(B) If federal law requires a face-to-face interview to	46941
complete an eligibility determination for a program specified in	46942
or pursuant to division (A) of this section, the face-to-face	46943
interview shall not be conducted by the department of job and	46944
family services.	46945

(C) Subject to division (B) of this section, if the director	46946
elects to accept applications, determine eligibility, redetermine	46947
eligibility, and perform related administrative activities for a	46948
program specified in or pursuant to division (A) of this section,	46949
both of the following apply:	46950

(1) An individual seeking services under the program may	46951
apply for the program to the director or to the entity that state	46952
law governing the program authorizes to accept applications for	46953
the program.	46954

(2) The director is subject to federal statutes and	46955
regulations and state statutes and rules that require, permit, or	46956
prohibit an action regarding accepting applications, determining	46957
or redetermining eligibility, and performing related	46958
administrative activities for the program.	46959

(D) The director may adopt rules as necessary to implement	46960
this section.	46961

Sec. 5101.50. (A) As used in ~~this section and in~~ sections	46962
~~5101.51~~5101.50 to ~~5101.5110~~5101.529 of the Revised Code:	46963

(1) "Children's health insurance program" means the program	46964
authorized by Title XXI of the "Social Security Act," 111 Stat.	46965
552 (1997), 42 U.S.C.A. 1397aa.	46966

(2) "Federal poverty guidelines" has the same meaning as in	46967
section 5101.46 of the Revised Code.	46968

(B) The director of job and family services may continue to	46969
operate the children's health insurance program initially	46970
authorized by an executive order issued under section 107.17 of	46971
the Revised Code as long as federal financial participation is	46972
available for the program. If operated, the program shall provide	46973
health assistance to uninsured individuals under nineteen years of	46974
age with family incomes not exceeding one hundred fifty per cent	46975
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	46976
1397aa, the director may provide for the health assistance to meet	46977
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	46978
medicaid program established under Chapter 5111. of the Revised	46979
Code, or to be a combination of both.	46980

Sec. 5101.52. In accordance with federal law governing the	46981
children's health insurance program, the director of job and	46982
family services may submit a request for a federal waiver to the	46983
United States secretary of health and human services to provide,	46984
except as provided in section 5101.526 of the Revised Code,	46985
health assistance to individuals under nineteen years of age	46986
with family incomes above two hundred per cent of the federal	46987
poverty guidelines but not exceeding three hundred per cent of the	46988
federal poverty guidelines. If the director submits the plan, the	46989
director shall stipulate in the plan that the health assistance	46990
will be available only while federal financial participation is	46991
available for it and that health assistance shall not begin before	46992
January 1, 2008.	46993

Sec. 5101.521. Health assistance provided under section	46994
5101.52 of the Revised Code shall be known as the children's	46995
health insurance program part III.	46996

Sec. 5101.522. If the director of job and family services	46997
submits a waiver request to the United States secretary of health	46998
and human services under section 5101.52 of the Revised Code and	46999
the secretary grants the waiver, the director shall implement the	47000
children's health insurance program part III in accordance with	47001
the waiver. The director may adopt rules in accordance with	47002
Chapter 119. of the Revised Code as necessary for the efficient	47003
administration of the program, including rules that establish all	47004
of the following:	47005

(A) The conditions under which health assistance services	47006
will be reimbursed;	47007

(B) The method of reimbursement applicable to services	47008
reimbursable under the program;	47009

(C) The amount of reimbursement, or the method by which the	47010
amount is to be determined, for each reimbursable service.	47011

Sec. 5101.523. The director of job and family services may	47012
contract with a government entity or person to perform the	47013
director's administrative duties regarding the children's health	47014
insurance program part III, other than the duty to submit a waiver	47015
request to the United States secretary of health and human	47016
services under section 5101.52 of the Revised Code and the duty to	47017
adopt rules under section 5101.522 of the Revised Code.	47018

Sec. 5101.524. In accordance with 42 U.S.C. 1397aa, the	47019
director of job and family services shall provide for health	47020
assistance under the children's health insurance program part III	47021
to meet the requirements of 42 U.S.C. 1397cc, to be provided under	47022
the medicaid program established under Chapter 5111. of the	47023
Revised Code, or to be a combination of both.	47024

Sec. 5101.525. The director of job and family services may	47025
determine applicants' eligibility for the children's health	47026
insurance program part III by any of the following means:	47027

(A) Using employees of the department of job and family	47028
services;	47029

(B) Assigning the duty to county departments of job and	47030
family services;	47031

47032

Sec. 5101.526. If the director of job and family services	47033
determines that federal financial participation for the children's	47034
health insurance program part III is insufficient to provide	47035
health assistance to all the individuals the director anticipates	47036
are eligible for the program, the director may refuse to accept	47037
new applications for the program or may make the program's	47038
eligibility requirements more restrictive.	47039

Sec. 5101.527. To the extent permitted by 42 U.S.C.	47040
1397cc(e), the director of job and family services shall require	47041
an individual receiving health assistance under the children's	47042
health insurance program part III to pay the following as a term	47043
of participation in the program:	47044

(A) A premium of not less than forty dollars per month for a	47045
family with one individual receiving health assistance under the	47046
program;	47047

(B) A premium of not less than eighty dollars per month for a	47048
family with two individuals receiving health assistance under the	47049
program;	47050

(C) A premium of not less than one hundred twenty dollars per	47051
month for a family with three or more individuals receiving health	47052
assistance under the program.	47053

Sec. 5101.528. If the children's health insurance program	47054
part III is not provided under the medicaid program established	47055
under Chapter 5111. of the Revised Code, the director of job and	47056
family services shall establish an appeal process for individuals	47057
aggrieved by a decision made regarding eligibility for the	47058
children's health insurance program part III. The process may be	47059
identical to, similar to, or different from the appeal process	47060
established by section 5101.35 of the Revised Code.	47061

Sec. 5101.529. A completed application for the medicaid	47062
program under Chapter 5111. of the Revised Code shall be treated	47063
as an application for health assistance under the children's	47064
health insurance program part III.	47065

Sec. 5101.5211. (A) As used in sections 5101.5211 to	47066
5101.5216 of the Revised Code:	47067

"Children's buy-in program" means the program established	47068
under sections 5101.5211 to 5101.5216 of the Revised Code.	47069

"Countable income" has the meaning established in rules	47070
adopted under section 5101.5215 of the Revised Code.	47071

"Creditable coverage" has the same meaning as in 42 U.S.C.	47072
300gg(c)(1), except that it does not mean medical assistance	47073
available under the children's buy-in program or the program for	47074
medically handicapped children.	47075

"Family" has the meaning established in rules adopted under	47076
section 5101.5215 of the Revised Code.	47077

"Federal poverty guidelines" has the same meaning as in	47078
section 5101.46 of the Revised Code.	47079

"Program for medically handicapped children" means the	47080
program established under sections 3701.021 to 3701.0210 of the	47081
Revised Code.	47082

(B) The director of job and family services shall establish	47083
the children's buy-in program in accordance with sections	47084
5101.5211 to 5101.5216 of the Revised Code. The director shall	47085
submit to the United States secretary of health and human	47086
services an amendment to the state medicaid plan, an amendment to	47087
the state child health plan, one or more requests for a federal	47088
waiver, or such an amendment and waiver requests as necessary to	47089
seek federal matching funds for the children's buy-in program.	47090
The director shall not begin implementation of the program until	47091
after submitting the amendment, waiver request, or both. The	47092
director may begin implementation of the program before receiving	47093
approval of the amendment, waiver request, or both using state	47094
funds only. The director shall implement the program regardless	47095
of whether the amendment, waiver request, or both are denied. The	47096
program shall be funded with state funds only if the United	47097
States secretary denies federal matching funds for the program.	47098

Sec. 5101.5212. Under the children's buy-in program and	47099
subject to section 5101.5213 of the Revised Code, an individual	47100
who does both of the following in accordance with rules adopted	47101
under section 5101.5215 of the Revised Code qualifies for	47102
medical assistance under the program:	47103

(A) Applies for the children's buy-in program;

47104

(B) Provides satisfactory evidence of all of the following:

47105

(1) That the individual is under nineteen years of age;

47106

(2) That the individual's countable income exceeds three	47107
hundred per cent of the federal poverty guidelines;	47108

(3) That the individual has not had creditable coverage for	47109
at least six months before enrolling in the children's buy-in	47110
program;	47111

(4) That one or more of the following apply to the	47112
individual:	47113

(a) The individual is unable to obtain creditable coverage	47114
due to a pre-existing condition of the individual;	47115

(b) The individual lost the only creditable coverage	47116
available to the individual because the individual has exhausted	47117
a lifetime benefit limitation;	47118

(c) The premium for the only creditable coverage available to	47119
the individual is greater than two hundred per cent of the premium	47120
applicable to the individual under the children's buy-in program;	47121

(d) The individual participates in the program for medically	47122
handicapped children.	47123

(5) That the individual meets the additional eligibility	47124
requirements for the children's buy-in program established in	47125
rules adopted under section 5101.5215 of the Revised Code.	47126

Sec. 5101.5213. (A) An individual participating in the	47127
children's buy-in program shall be charged a monthly premium	47128
established by rules adopted under section 5101.5215 of the	47129
Revised Code. The amount of the monthly premium shall not be less	47130
than the following:	47131

(1) In the case of an individual with countable income	47132
exceeding three hundred per cent but not exceeding four hundred	47133
per cent of the federal poverty guidelines, the following amount:	47134

(a) If no other member of the individual's family receives	47135
medical assistance under the program with the individual, one	47136
hundred dollars;	47137

(b) If one or more members of the individual's family receive	47138
medical assistance under the program with the individual, one	47139
hundred fifty dollars.	47140

(2) In the case of an individual with countable income	47141
exceeding four hundred per cent but not exceeding five hundred per	47142
cent of the federal poverty guidelines, the following amount:	47143

(a) If no other member of the individual's family receives	47144
medical assistance under the program with the individual, one	47145
hundred twenty-five dollars;	47146

(b) If one or more members of the individual's family receive	47147
medical assistance under the program with the individual, one	47148
hundred seventy-five dollars.	47149

(3) In the case of an individual with countable income	47150
exceeding five hundred per cent of the federal poverty guidelines,	47151
the full amount of the actuarially determined cost of the premium.	47152

(B) If the premium for the children's buy-in program is not	47153
paid for two consecutive months, the individual shall lose	47154
eligibility for the program. The individual may not resume	47155
participation in the program until the unpaid premiums that	47156
accrued before the individual lost eligibility are paid.	47157

Sec. 5101.5214. (A) An individual participating in the	47158
children's buy-in program may be charged co-payments to the	47159
extent required by rules, if any, adopted under division (B) of	47160
section 5101.5215 of the Revised Code.	47161

(B) Notwithstanding division (B) of section 5111.0112 of the	47162
Revised Code, if applicable, and to the extent permitted by	47163
federal law, a provider may refuse to provide a service to an	47164
individual if a co-payment authorized by this section is not	47165
paid.	47166

Sec. 5101.5215. (A) The director of job and family services	47167
shall adopt rules in accordance with Chapter 119. of the Revised	47168
Code as necessary to implement the children's buy-in program,	47169
including rules that do all of the following:	47170

(1) Establish the meaning of "countable income" and "family";

47171

(2) For the purpose of section 5101.5212 of the Revised Code,	47172
establish additional eligibility requirements for the program;	47173

(3) For the purpose of section 5101.5213 of the Revised Code,	47174
establish monthly premiums for the children's buy-in program.	47175

(B) The director may adopt rules in accordance with Chapter	47176
119. of the Revised Code to establish co-payment requirements for	47177
individuals participating in the children's buy-in program.	47178

Sec. 5101.5216. The director of job and family services shall	47179
prepare a report on the children's buy-in program that examines	47180
the program's effectiveness and includes the number of	47181
individuals participating in the program and the costs of the	47182
program. The director shall submit the report to the governor and	47183
general assembly not later than December 31, 2008.	47184

Sec. 5101.541. The food stamp program fund is hereby created	47185
in the state treasury. The fund shall consist of federal	47186
reimbursement for food stamp program administrative expenses and	47187
other food stamp program expenses. The department of job and	47188
family services shall use the money credited to the fund to pay	47189
for food stamp program administrative expenses and other food	47190
stamp program expenses.	47191

Sec. 5101.571. As used in sections 5101.571 to ~~5101.59~~	47192
5101.591 of the Revised Code:	47193

(A) "Information" means all of the following:

47194

(1) An individual's name, address, date of birth, and social	47195
security number;	47196

(2) The group or plan number, or other identifier, assigned	47197
by a third party to a policy held by an individual or a plan in	47198
which the individual participates and the nature of the coverage;	47199

(3) Any other data the director of job and family services	47200
specifies in rules adopted under section 5101.591 of the Revised	47201
Code.	47202

(B) "Medical assistance" means medical items or services	47203
provided under any of the following:	47204

(1) Medicaid, as defined in section 5111.01 of the Revised	47205
Code;	47206

(2) The children's health insurance program part I, part II,	47207
and part III established under sections 5101.50 to 5101.529 of the	47208
Revised Code;	47209

(3) The disability medical assistance program established	47210
under Chapter 5115. of the Revised Code.	47211

(C) "Medical support" means support specified as support for	47212
the purpose of medical care by order of a court or administrative	47213
agency.	47214

~~(B) "Third party"~~(D) "Public assistance" means medical	47215
assistance or assistance under the Ohio works first program	47216
established under Chapter 5107. of the Revised Code.	47217

(E)(1) Subject to division (E)(2) of this section, and except	47218
as provided in division (E)(3) of this section, "third party"	47219
means ~~any health insurer as defined in section 3924.41 of the~~	47220
~~Revised Code, individual, entity, or public or private program,~~	47221
~~that is or may be liable to pay all or part of the medical cost of~~	47222
~~injury, disease, or disability of an applicant or recipient.~~	47223
~~"Third party" includes any such insurer, individual, entity, or~~	47224
~~program that would have been obligated to pay for the service,~~	47225
~~even when such third party limits or excludes payments in the case~~	47226
~~of an individual who is eligible for medicaid.~~all of the	47227
following:	47228

(a) A person authorized to engage in the business of sickness	47229
and accident insurance under Title XXXIX of the Revised Code;	47230

(b) A person or governmental entity providing coverage for	47231
medical services or items to individuals on a self-insurance	47232
basis;	47233

(c) A health insuring corporation as defined in section	47234
1751.01 of the Revised Code;	47235

(d) A group health plan as defined in 29 U.S.C. 1167;

47236

(e) A service benefit plan as referenced in 42 U.S.C.	47237
1396a(a)(25);	47238

(f) A managed care organization;

47239

(g) A pharmacy benefit manager;

47240

(h) A third party administrator;

47241

(i) Any other person or governmental entity that is, by law,	47242
contract, or agreement, responsible for the payment or processing	47243
of a claim for a medical item or service for a public assistance	47244
recipient or participant.	47245

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	47246
person or governmental entity listed in division (E)(1) of this	47247
section is a third party even if the person or governmental entity	47248
limits or excludes payments for a medical item or service in the	47249
case of a public assistance recipient.	47250

(3) "Third party" does not include the program for medically	47251
handicapped children established under section 3701.023 of the	47252
Revised Code.	47253

Sec. 5101.572. ~~Upon the request of the department of job and~~	47254
~~family services, any~~(A) A third party ~~as defined in section~~	47255
~~5101.571 of the Revised Code~~ shall cooperate with the department	47256
of job and family services in identifying individuals for the	47257
purpose of establishing third party liability pursuant to Title	47258
XIX of the Social Security Act, as amended. ~~The~~	47259

(B) In furtherance of the requirement in division (A) of this	47260
section and to allow the department to determine any period that	47261
the individual or the individual's spouse or dependent may have	47262
been covered by the third party and the nature of the coverage, a	47263
third party shall provide, as the department so chooses,	47264
information or access to information, or both, in the third	47265
party's electronic data system on the department's request and in	47266
accordance with division (C) of this section.	47267

(C)(1) If the department chooses to receive information	47268
directly, the third party shall provide the information under all	47269
of the following circumstances:	47270

(a) In a medium, format, and manner prescribed by the	47271
director of job and family services in rules adopted under section	47272
5101.591 of the Revised Code;	47273

(b) Free of charge;

47274

(c) Not later than the end of the thirtieth day after the	47275
department makes its request, unless a different time is agreed to	47276
by the director in writing.	47277

(2) If the department chooses to receive access to	47278
information, the third party shall provide access by a method	47279
prescribed by the director of job and family services in rules	47280
adopted under section 5101.591 of the Revised Code. In	47281
facilitating access, the department may enter into a trading	47282
partner agreement with the third party to permit the exchange of	47283
information via "ASC X 12N 270/271 Health Care Eligibility Benefit	47284
Inquiry and Response" transactions.	47285

(D) All of the following apply with respect to information	47286
provided by a third party to the department under this section:	47287

(1) The information is confidential and not a public record	47288
under section 149.43 of the Revised Code.	47289

(2) The release of information to the department is not to be	47290
considered a violation of any right of confidentiality or contract	47291
that the third party may have with covered persons including, but	47292
not limited to, contractees, beneficiaries, heirs, assignees, and	47293
subscribers.	47294

(3) The third party is immune from any liability that it may	47295
otherwise incur through its release of information to the	47296
department.	47297

The department of job and family services shall limit its use	47298
of information gained from third parties to purposes directly	47299
connected with the administration of the medicaid program. No	47300

(E) No third party shall disclose to other parties or make	47301
use of any information regarding recipients of aid under Chapter	47302
5107. or 5111. of the Revised Code that it obtains from the	47303
department ~~of job and family services~~, except in the manner	47304
provided for by the director of job and family services in	47305
administrative rules. ~~Any information provided by a third party to~~	47306
~~the department of job and family services shall not be considered~~	47307
~~a violation of any right of confidentiality or contract that the~~	47308
~~third party may have with covered persons including, but not~~	47309
~~limited to, contractees, beneficiaries, heirs, assignees, and~~	47310
~~subscribers. The third party is immune from any liability that it~~	47311
~~may otherwise incur through its release of information to the~~	47312
~~department of job and family services.~~	47313

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	47314
section, a third party shall do all of the following:	47315

(1) Accept the department of job and family services' right	47316
of recovery under section 5101.58 of the Revised Code and the	47317
assignment of rights to the department that are described in	47318
section 5101.59 of the Revised Code.	47319

(2) Respond to an inquiry by the department regarding a claim	47320
for payment of a medical item or service that was submitted to the	47321
third party not later than three years after the date of the	47322
provision of such medical item or service;	47323

(3) Pay a claim described in division (A)(2) of this section;

47324

(4) Not deny a claim submitted by the department solely on	47325
the basis of the date of submission of the claim, type or format	47326
of the claim form, or a failure by the medical assistance	47327
recipient who is the subject of the claim to present proper	47328
documentation of coverage at the time of service, if both of the	47329
following are true:	47330

(a) The claim was submitted by the department not later than	47331
three years after the date of the provision of the medical item or	47332
service;	47333

(b) An action by the department to enforce its right of	47334
recovery under section 5101.58 of the Revised Code on the claim	47335
was commenced not later than six years after the department's	47336
submission of the claim.	47337

(B) For purposes of the requirements in division (A) of this	47338
section, a third party shall treat a managed care organization as	47339
the department for a claim in which both of the following are	47340
true:	47341

(1) The individual who is the subject of the claim received a	47342
medical item or service through a managed care organization that	47343
has entered into a contract with the department of job and family	47344
services under section 5111.16 of the Revised Code;	47345

(2) The department has assigned its right of recovery for the	47346
claim to the managed care organization.	47347

(C) The time limitations associated with the requirements in	47348
divisions (A)(2) and (A)(4) of this section apply only to	47349
submissions of claims to, and payments of claims by, a health	47350
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	47351

Sec. 5101.574. No third party shall consider whether an	47352
individual is eligible for or receives medical assistance when	47353
either of the following applies:	47354

(A) The individual seeks to obtain a policy or enroll in a	47355
plan or program operated or administered by the third party;	47356

(B) The individual, or a person or governmental entity on the	47357
individual's behalf, seeks payment for a medical item or service	47358
provided to the individual.	47359

Sec. 5101.575. (A) If a third party violates section	47360
5101.572, 5101.573, or 5101.574 of the Revised Code, a	47361
governmental entity that is responsible for issuing a license,	47362
certificate of authority, registration, or approval that	47363
authorizes the third party to do business in this state may impose	47364
a fine against the third party or deny, revoke, or terminate the	47365
third party's license, certificate, registration, or approval to	47366
do business in this state. The governmental entity shall determine	47367
which sanction is to be imposed. All actions to impose the	47368
sanction shall be taken in accordance with Chapter 119. of the	47369
Revised Code.	47370

(B) In addition to the sanctions that may be imposed under	47371
division (A) of this section for a violation of section 5101.572,	47372
5101.573, or 5101.574 of the Revised Code, the attorney general	47373
may petition a court of common pleas to enjoin the violation.	47374

Sec. 5101.58. ~~As used in this section and section 5101.59 of~~	47375
~~the Revised Code, "public assistance" means aid provided under~~	47376
~~Chapter 5111. or 5115. of the Revised Code and participation in~~	47377
~~the Ohio works first program established under Chapter 5107. of~~	47378
~~the Revised Code.~~	47379

(A) The acceptance of public assistance gives aan automatic	47380
right of recovery to the department of job and family services and	47381
a county department of job and family services against the	47382
liability of a third party for the cost of medical ~~services and~~	47383
~~care arising out of injury, disease, or disability~~assistance paid	47384
on behalf of the public assistance recipient or participant. When	47385
an action or claim is brought against a third party by a public	47386
assistance recipient or participant, ~~the entire amount of~~ any	47387
payment, settlement or compromise of the action or claim, or any	47388
court award or judgment, is subject to the recovery right of the	47389
department of job and family services or county department of job	47390
and family services. Except in the case of a recipient or	47391
participant who receives medical ~~services or care~~assistance	47392
through a managed care organization, the department's or county	47393
department's claim shall not exceed the amount of medical ~~expenses~~	47394
assistance paid by ~~the departments~~a department on behalf of the	47395
recipient or participant. InA payment, settlement, compromise,	47396
judgment, or award that excludes the cost of medical assistance	47397
paid for by a department shall not preclude a department from	47398
enforcing its rights under this section.	47399

(B) In the case of a recipient or participant who receives	47400
medical ~~services or care~~assistance through a managed care	47401
organization, the amount of the department's or county	47402
department's claim shall be the amount the managed care	47403
organization pays for medical ~~services or care~~assistance rendered	47404
to the recipient or participant, even if that amount is more than	47405
the amount ~~the departments pay~~a department pays to the managed	47406
care organization for the recipient's or participant's medical	47407
~~services or care. Any settlement, compromise, judgment, or award~~	47408
~~that excludes the cost of medical services or care shall not~~	47409
~~preclude the departments from enforcing their rights under this~~	47410
~~section~~assistance.	47411

~~Prior to initiating any~~(C) A recipient or participant, and	47412
the recipient's or participant's attorney, if any, shall cooperate	47413
with the departments. In furtherance of this requirement, the	47414
recipient or participant, or the recipient's or participant's	47415
attorney, if any, shall, not later than thirty days after	47416
initiating informal recovery activity or filing a legal recovery	47417
action~~, the recipient or participant, or the recipient's or~~	47418
~~participant's representative, shall disclose~~against a third	47419
party, provide written notice of the activity or action to the	47420
appropriate department or departments as follows:	47421

(1) To only the department of job and family services when	47422
medical assistance under medicaid has been paid;	47423

(2) To the department of job and family services and the	47424
appropriate county department of job and family services when	47425
medical assistance under the disability medical assistance program	47426
has been paid.	47427

(D) The written notice that must be given under division (C)	47428
of this section shall disclose the identity and address of any	47429
third party against whom the recipient or participant has or may	47430
have a right of recovery. ~~Disclosure shall be made to the~~	47431
~~department of job and family services when medical expenses have~~	47432
~~been paid pursuant to Chapter 5111. or 5115. of the Revised Code.~~	47433
~~Disclosure shall be made to both the department of job and family~~	47434
~~services and the appropriate county department of job and family~~	47435
~~services when medical expenses have been paid pursuant to Chapter~~	47436
~~5115. of the Revised Code. No~~	47437

(E) No settlement, compromise, judgment, or award or any	47438
recovery in any action or claim by a recipient or participant	47439
where the departments have a right of recovery shall be made final	47440
without first giving the appropriate departments written notice as	47441
described in division (C) of this section and a reasonable	47442
opportunity to perfect their rights of recovery. If the	47443
departments are not given the appropriate written notice, the	47444
recipient or participant isand, if there is one, the recipient's	47445
or participant's attorney, are liable to reimburse the departments	47446
for the recovery received to the extent of medical payments made	47447
by the departments. ~~The~~	47448

(F) The departments shall be permitted to enforce their	47449
recovery rights against the third party even though they accepted	47450
prior payments in discharge of their rights under this section if,	47451
at the time the departments received such payments, they were not	47452
aware that additional medical expenses had been incurred but had	47453
not yet been paid by the departments. The third party becomes	47454
liable to the department of job and family services or county	47455
department of job and family services as soon as the third party	47456
is notified in writing of the valid claims for recovery under this	47457
section.	47458

~~The~~(G)(1) Subject to division (G)(2) of this section, the	47459
right of recovery of a department does not apply to that portion	47460
of any judgment, award, settlement, or compromise of a claim, to	47461
the extent of attorneys' fees, costs, or other expenses incurred	47462
by a recipient or participant in securing the judgment, award,	47463
settlement, or compromise, or to the extent of medical, surgical,	47464
and hospital expenses paid by such recipient or participant from	47465
the recipient's or participant's own resources. ~~Attorney fees and~~	47466
~~costs or other expenses in securing any recovery shall not be~~	47467
~~assessed against any claims of the departments.~~	47468

To(2) Reasonable attorneys' fees, not to exceed one-third of	47469
the total judgment, award, settlement, or compromise, plus costs	47470
and other expenses incurred by the recipient or participant in	47471
securing the judgment, award, settlement, or compromise, shall	47472
first be deducted from the total judgment, award, settlement, or	47473
compromise. After fees, costs, and other expenses are deducted	47474
from the total judgment, award, settlement, or compromise, the	47475
department of job and family services or appropriate county	47476
department of job and family services shall receive no less than	47477
one-half of the remaining amount, or the actual amount of medical	47478
assistance paid, whichever is less.	47479

(H) A right of recovery created by this section may be	47480
enforced separately or jointly by the department of job and family	47481
services or the appropriate county department of job and family	47482
services. To enforce their recovery rights, the departments may do	47483
any of the following:	47484

~~(A)~~(1) Intervene or join in any action or proceeding brought	47485
by the recipient or participant or on the recipient's or	47486
participant's behalf against any third party who may be liable for	47487
the cost of medical ~~services and care arising out of the~~	47488
~~recipient's or participant's injury, disease, or disability~~	47489
assistance paid;	47490

~~(B)~~(2) Institute and pursue legal proceedings against any	47491
third party who may be liable for the cost of medical ~~services and~~	47492
~~care arising out of the recipient's or participant's injury,~~	47493
~~disease, or disability~~assistance paid;	47494

~~(C)~~(3) Initiate legal proceedings in conjunction with ~~the~~any	47495
injured, diseased, or disabled recipient or participant or the	47496
recipient's or participant's ~~legal~~attorney or representative.	47497

~~Recovery rights created by this section may be enforced~~	47498
~~separately or jointly by the department of job and family services~~	47499
~~and the county department of job and family services.~~	47500

(I) A recipient or participant shall not assess attorney	47501
fees, costs, or other expenses against the department of job and	47502
family services or a county department of job and family services	47503
when the department or county department enforces its right of	47504
recovery created by this section.	47505

(J) The right of recovery given to the department under this	47506
section does not include rights to support from any other person	47507
assigned to the state under sections 5107.20 and 5115.07 of the	47508
Revised Code, but includes payments made by a third party under	47509
contract with a person having a duty to support.	47510

~~The director of job and family services may adopt rules in~~	47511
~~accordance with Chapter 119. of the Revised Code the department~~	47512
~~considers necessary to implement this section.~~	47513

Sec. 5101.59. (A) The application for, or acceptance of,	47514
public assistance constitutes an automatic assignment of certain	47515
rights to the department of job and family services. This	47516
assignment includes the rights of the applicant, recipient, or	47517
participant and also the rights of any other member of the	47518
assistance group for whom the applicant, recipient, or participant	47519
can legally make an assignment.	47520

(B) Pursuant to this section, the applicant, recipient, or	47521
participant assigns to the department any rights to medical	47522
support available to the applicant, recipient, or participant or	47523
for other members of the assistance group under an order of a	47524
court or administrative agency, and any rights to payments ~~from~~	47525
~~any~~by a liable third party ~~liable to pay~~ for the cost of medical	47526
~~care and services arising out of injury, disease, or disability of~~	47527
~~the applicant, recipient, participant, or other members of the~~	47528
~~assistance group~~assistance paid on behalf of a public assistance	47529
recipient or participant. The recipient or participant shall	47530
cooperate with the department in obtaining such payments.	47531

Medicare benefits shall not be assigned pursuant to this	47532
section. Benefits assigned to the department by operation of this	47533
section are directly reimbursable to the department by liable	47534
third parties.	47535

~~(B)~~(C) Refusal by the applicant, recipient, or participant to	47536
cooperate in obtaining medical ~~support and payments~~assistance	47537
paid for self or any other member of the assistance group renders	47538
the applicant, recipient, or participant ineligible for public	47539
assistance, unless cooperation is waived by the department.	47540
Eligibility shall continue for any individual who cannot legally	47541
assign the individual's own rights and who would have been	47542
eligible for public assistance but for the refusal to assign the	47543
individual's rights or to cooperate as required by this section by	47544
another person legally able to assign the individual's rights.	47545

(D) If the applicant, recipient, or participant or any member	47546
of the assistance group becomes ineligible for public assistance,	47547
the department shall restore to the applicant, recipient,	47548
participant, or member of the assistance group any future rights	47549
to benefits assigned under this section.	47550

(E) The rights of assignment given to the department under	47551
this section do not include rights to support assigned under	47552
section 5107.20 or 5115.07 of the Revised Code.	47553

~~(C) The director of job and family services may adopt rules~~	47554
~~in accordance with Chapter 119. of the Revised Code to implement~~	47555
~~this section, including rules that specify what constitutes~~	47556
~~cooperating with efforts to obtain medical support and payments~~	47557
~~and when the cooperation requirement may be waived.~~	47558

Sec. 5101.591. (A) Except as provided in division (B) of this	47559
section, the director of job and family services may adopt rules	47560
in accordance with Chapter 119. of the Revised Code to implement	47561
sections 5101.571 to 5101.59 of the Revised Code, including rules	47562
that specify what constitutes cooperating with efforts to obtain	47563
support or payments, or medical assistance payments, and when	47564
cooperation may be waived.	47565

(B) The department shall adopt rules in accordance with	47566
Chapter 119. of the Revised Code to do all of the following:	47567

(1) For purposes of the definition of "information" in	47568
division (A) of section 5101.571 of the Revised Code, any data	47569
other than the data specified in that division that should be	47570
included in the definition.	47571

(2) For purposes of division (C)(1)(a) of section 5101.572 of	47572
the Revised Code, the medium, format, and manner in which a third	47573
party must provide information to the department.	47574

(3) For purposes of division (C)(2) of section 5101.572 of	47575
the Revised Code, the method by which a third party must provide	47576
the department with access to information.	47577

Sec. 5101.802. (A) As used in this section:

47578

(1) "Custodian," "guardian," and "minor child" have the same	47579
meanings as in section 5107.02 of the Revised Code.	47580

(2) "Federal poverty guidelines" has the same meaning as in	47581
section 5101.46 of the Revised Code.	47582

(3) "Kinship caregiver" has the same meaning as in section	47583
5101.85 of the Revised Code.	47584

(B) Subject to division (E) of section 5101.801 of the	47585
Revised Code, there is hereby created the kinship permanency	47586
incentive program to promote permanency for a minor child in the	47587
legal and physical custody of a kinship caregiver. The program	47588
shall provide an initial one-time incentive payment to the kinship	47589
caregiver to defray the costs of initial placement of the minor	47590
child in the kinship caregiver's home. The program may provide	47591
additional permanency incentive payments for the minor child at	47592
six month intervals for a total period not to exceed thirty-six	47593
months.	47594

(C) A kinship caregiver may participate in the program if all	47595
of the following requirements are met:	47596

(1) The kinship caregiver applies to a public children	47597
services agency in accordance with the application process	47598
established in rules authorized by division (E) of this section;	47599

(2) ~~The minor child the kinship caregiver is caring for is a~~	47600
~~child with special needs as that term is defined in rules adopted~~	47601
~~under section 5153.163 of the Revised Code;~~	47602

~~(3) A~~Not earlier than July 1, 2005, a juvenile court ~~has~~	47603
~~adjudicated the minor child to be an abused, neglected, dependent,~~	47604
~~or unruly child and determined that it is in the child's best~~	47605
~~interest to be in the~~issues an order granting legal custody ofto	47606
the kinship caregiver, or ~~the~~a probate court ~~has determined that~~	47607
~~it is in the child's best interest to be in the guadianship of~~	47608
grants guardianship to the kinship caregiver, except that a	47609
temporary court order is not sufficient to meet this requirement;	47610

~~(4)~~(3) The kinship caregiver is either the minor child's	47611
custodian or guardian;	47612

~~(5)~~(4) The minor child resides with the kinship caregiver	47613
pursuant to a placement approval process established in rules	47614
authorized by division (E) of this section;	47615

~~(6) The~~(5) Excluding any income excluded under rules adopted	47616
under division (E) of this section, the gross income of the	47617
kinship caregiver's family, including the minor child, does not	47618
exceed ~~two~~three hundred per cent of the federal poverty	47619
guidelines.	47620

(D) Public children services agencies shall make initial and	47621
ongoing eligibility determinations for the kinship permanency	47622
incentive program in accordance with rules authorized by division	47623
(E) of this section. The director of job and family services shall	47624
supervise public children services agencies' duties under this	47625
section.	47626

(E) The director of job and family services shall adopt rules	47627
under division (C) of section 5101.801 of the Revised Code as	47628
necessary to implement the kinship permanency incentive program.	47629
The rules shall establish all of the following:	47630

(1) The application process for the program;

47631

(2) The placement approval process through which a minor	47632
child is placed with a kinship caregiver for the kinship caregiver	47633
to be eligible for the program;	47634

(3) The initial and ongoing eligibility determination process	47635
for the program, including the computation of income eligibility;	47636

(4) The amount of the incentive payments provided under the	47637
program;	47638

(5) The method by which the incentive payments are provided	47639
to a kinship caregiver;.	47640

~~(6) Anything else the director considers necessary to~~	47641
~~implement the program.~~	47642

(F) ~~The director shall begin implementation of the kinship~~	47643
~~permanency incentive program no later than January 1, 2006.~~The	47644
amendments made to this section by Am. Sub. H.B. 119 of the 127th	47645
general assembly shall not affect the eligibility of any kinship	47646
caregiver whose eligibility was established before the effective	47647
date of the amendments.	47648

Sec. 5101.98. (A) There is hereby created in the state	47649
treasury the military injury relief fund, which shall consist of	47650
money contributed to it under section 5747.113 of the Revised	47651
Code, of incentive grants authorized by the "Jobs for Veterans	47652
Act," 116 Stat. 2033 (2002), and of contributions made directly to	47653
it. Any person or entity may contribute directly to the fund in	47654
addition to or independently of the income tax refund contribution	47655
system established in section 5747.113 of the Revised Code.	47656

(B) Upon application, the director of job and family services	47657
shall grant money in the fund to individuals injured while in	47658
active service as a member of the armed forces of the United	47659
States ~~and~~ while serving under operation Iraqi freedom or	47660
operation enduring freedom and to individuals diagnosed with	47661
post-traumatic stress disorder while serving, or after having	47662
served, in operation Iraqi freedom or operation enduring freedom.	47663

(C) An individual who receives a grant under this section is	47664
~~not~~ precluded from receiving ~~one or more~~ additional grants under	47665
this section ~~and~~during the same state fiscal year but is not	47666
precluded from being considered for or receiving other assistance	47667
offered by the department of job and family services.	47668

(D) The director shall adopt rules under Chapter 119. of the	47669
Revised Code establishing:	47670

(1) Forms and procedures by which individuals may apply for a	47671
grant under this section;	47672

(2) Criteria for reviewing, evaluating, and ~~ranking~~approving	47673
or denying grant applications;	47674

(3) Criteria for determining the amount of grants awarded	47675
under this section; ~~and~~	47676

(4) Definitions and standards applicable to determining	47677
whether an individual meets the requirements established in	47678
division (B) of this section;	47679

(5) The process for appealing eligibility determinations; and

47680

(6) Any other rules necessary to administer the grant program	47681
established in this section.	47682

(E) An eligibility determination, a grant approval, or a	47683
grant denial made under this section may not be appealed under	47684
Chapter 119., section 5101.35, or any other provision of the	47685
Revised Code.	47686

Sec. 5104.04. (A) The department of job and family services	47687
shall establish procedures to be followed in investigating,	47688
inspecting, and licensing child day-care centers and type A family	47689
day-care homes.	47690

(B)(1)(a) The department shall, at least twice during every	47691
twelve-month period of operation of a center or type A home,	47692
inspect the center or type A home. The department shall inspect a	47693
part-time center or part-time type A home at least once during	47694
every twelve-month period of operation. The department shall	47695
provide a written inspection report to the licensee within a	47696
reasonable time after each inspection. The licensee shall display	47697
all written reports of inspections conducted during the current	47698
licensing period in a conspicuous place in the center or type A	47699
home.	47700

At least one inspection shall be unannounced and all	47701
inspections may be unannounced. No person, firm, organization,	47702
institution, or agency shall interfere with the inspection of a	47703
center or type A home by any state or local official engaged in	47704
performing duties required of the state or local official by	47705
Chapter 5104. of the Revised Code or rules adopted pursuant to	47706
Chapter 5104. of the Revised Code, including inspecting the center	47707
or type A home, reviewing records, or interviewing licensees,	47708
employees, children, or parents.	47709

(b) Upon receipt of any complaint that a center or type A	47710
home is out of compliance with the requirements of Chapter 5104.	47711
of the Revised Code or rules adopted pursuant to Chapter 5104. of	47712
the Revised Code, the department shall investigate the center or	47713
home, and both of the following apply:	47714

(i) If the complaint alleges that a child suffered physical	47715
harm while receiving child care at the center or home or that the	47716
noncompliance alleged in the complaint involved, resulted in, or	47717
poses a substantial risk of physical harm to a child receiving	47718
child care at the center or home, the department shall inspect the	47719
center or home.	47720

(ii) If division (B)(1)(b)(i) of this section does not apply	47721
regarding the complaint, the department may inspect the center or	47722
home.	47723

(c) Division (B)(1)(b) of this section does not limit,	47724
restrict, or negate any duty of the department to inspect a center	47725
or type A home that otherwise is imposed under this section, or	47726
any authority of the department to inspect a center or type A home	47727
that otherwise is granted under this section when the department	47728
believes the inspection is necessary and it is permitted under the	47729
grant.	47730

(2) If the department implements an instrument-based program	47731
monitoring information system, it may use an indicator checklist	47732
to comply with division (B)(1) of this section.	47733

(3) The department shall~~, at least once during every~~	47734
~~twelve-month period of operation of a center or type A home,~~	47735
contract with a third party by the first day of October in each	47736
even-numbered year to collect information concerning the amounts	47737
charged by the center or home for providing child care services	47738
for use in establishing reimbursement ceilings and payment	47739
pursuant to section 5104.30 of the Revised Code. The third party	47740
shall compile the information and report the results of the survey	47741
to the department not later than the first day of December in each	47742
even-numbered year.	47743

(C) In the event a licensed center or type A home is	47744
determined to be out of compliance with the requirements of	47745
Chapter 5104. of the Revised Code or rules adopted pursuant to	47746
Chapter 5104. of the Revised Code, the department shall notify the	47747
licensee of the center or type A home in writing regarding the	47748
nature of the violation, what must be done to correct the	47749
violation, and by what date the correction must be made. If the	47750
correction is not made by the date established by the department,	47751
the department may commence action under Chapter 119. of the	47752
Revised Code to revoke the license.	47753

(D) The department may deny or revoke a license, or refuse to	47754
renew a license of a center or type A home, if the applicant	47755
knowingly makes a false statement on the application, does not	47756
comply with the requirements of Chapter 5104. or rules adopted	47757
pursuant to Chapter 5104. of the Revised Code, or has pleaded	47758
guilty to or been convicted of an offense described in section	47759
5104.09 of the Revised Code.	47760

(E) If the department finds, after notice and hearing	47761
pursuant to Chapter 119. of the Revised Code, that any person,	47762
firm, organization, institution, or agency licensed under section	47763
5104.03 of the Revised Code is in violation of any provision of	47764
Chapter 5104. of the Revised Code or rules adopted pursuant to	47765
Chapter 5104. of the Revised Code, the department may issue an	47766
order of revocation to the center or type A home revoking the	47767
license previously issued by the department. Upon the issuance of	47768
any order of revocation, the person whose license is revoked may	47769
appeal in accordance with section 119.12 of the Revised Code.	47770

(F) The surrender of a center or type A home license to the	47771
department or the withdrawal of an application for licensure by	47772
the owner or administrator of the center or type A home shall not	47773
prohibit the department from instituting any of the actions set	47774
forth in this section.	47775

(G) Whenever the department receives a complaint, is advised,	47776
or otherwise has any reason to believe that a center or type A	47777
home is providing child care without a license issued or renewed	47778
pursuant to section 5104.03 and is not exempt from licensing	47779
pursuant to section 5104.02 of the Revised Code, the department	47780
shall investigate the center or type A home and may inspect the	47781
areas children have access to or areas necessary for the care of	47782
children in the center or type A home during suspected hours of	47783
operation to determine whether the center or type A home is	47784
subject to the requirements of Chapter 5104. or rules adopted	47785
pursuant to Chapter 5104. of the Revised Code.	47786

(H) The department, upon determining that the center or type	47787
A home is operating without a license, shall notify the attorney	47788
general, the prosecuting attorney of the county in which the	47789
center or type A home is located, or the city attorney, village	47790
solicitor, or other chief legal officer of the municipal	47791
corporation in which the center or type A home is located, that	47792
the center or type A home is operating without a license. Upon	47793
receipt of the notification, the attorney general, prosecuting	47794
attorney, city attorney, village solicitor, or other chief legal	47795
officer of a municipal corporation shall file a complaint in the	47796
court of common pleas of the county in which the center or type A	47797
home is located requesting that the court grant an order enjoining	47798
the owner from operating the center or type A home in violation of	47799
section 5104.02 of the Revised Code. The court shall grant such	47800
injunctive relief upon a showing that the respondent named in the	47801
complaint is operating a center or type A home and is doing so	47802
without a license.	47803

(I) The department shall prepare an annual report on	47804
inspections conducted under this section. The report shall include	47805
the number of inspections conducted, the number and types of	47806
violations found, and the steps taken to address the violations.	47807
The department shall file the report with the governor, the	47808
president and minority leader of the senate, and the speaker and	47809
minority leader of the house of representatives on or before the	47810
first day of January of each year, beginning in 1999.	47811

Sec. 5104.30. (A) The department of job and family services	47812
is hereby designated as the state agency responsible for	47813
administration and coordination of federal and state funding for	47814
publicly funded child care in this state. Publicly funded child	47815
care shall be provided to the following:	47816

(1) Recipients of transitional child care as provided under	47817
section 5104.34 of the Revised Code;	47818

(2) Participants in the Ohio works first program established	47819
under Chapter 5107. of the Revised Code;	47820

(3) Individuals who would be participating in the Ohio works	47821
first program if not for a sanction under section 5107.16 of the	47822
Revised Code and who continue to participate in a work activity,	47823
developmental activity, or alternative work activity pursuant to	47824
an assignment under section 5107.42 of the Revised Code;	47825

(4) A family receiving publicly funded child care on October	47826
1, 1997, until the family's income reaches one hundred fifty per	47827
cent of the federal poverty line;	47828

(5) Subject to available funds, other individuals determined	47829
eligible in accordance with rules adopted under section 5104.38 of	47830
the Revised Code.	47831

The department shall apply to the United States department of	47832
health and human services for authority to operate a coordinated	47833
program for publicly funded child care, if the director of job and	47834
family services determines that the application is necessary. For	47835
purposes of this section, the department of job and family	47836
services may enter into agreements with other state agencies that	47837
are involved in regulation or funding of child care. The	47838
department shall consider the special needs of migrant workers	47839
when it administers and coordinates publicly funded child care and	47840
shall develop appropriate procedures for accommodating the needs	47841
of migrant workers for publicly funded child care.	47842

(B) The department of job and family services shall	47843
distribute state and federal funds for publicly funded child care,	47844
including appropriations of state funds for publicly funded child	47845
care and appropriations of federal funds available under the child	47846
care block grant act, Title IV-A, and Title XX. The department may	47847
use any state funds appropriated for publicly funded child care as	47848
the state share required to match any federal funds appropriated	47849
for publicly funded child care.	47850

(C) In the use of federal funds available under the child	47851
care block grant act, all of the following apply:	47852

(1) The department may use the federal funds to hire staff to	47853
prepare any rules required under this chapter and to administer	47854
and coordinate federal and state funding for publicly funded child	47855
care.	47856

(2) Not more than five per cent of the aggregate amount of	47857
the federal funds received for a fiscal year may be expended for	47858
administrative costs.	47859

(3) The department shall allocate and use at least four per	47860
cent of the federal funds for the following:	47861

(a) Activities designed to provide comprehensive consumer	47862
education to parents and the public;	47863

(b) Activities that increase parental choice;

47864

(c) Activities, including child care resource and referral	47865
services, designed to improve the quality, and increase the	47866
supply, of child care;	47867

(d) Establishing a voluntary child day-care center	47868
quality-rating program in which participation in the program may	47869
allow a child day-care center to be eligible for grants, technical	47870
assistance, training, or other assistance and become eligible for	47871
unrestricted monetary awards for maintaining a quality rating.	47872

(4) The department shall ensure that the federal funds will	47873
be used only to supplement, and will not be used to supplant,	47874
federal, state, and local funds available on the effective date of	47875
the child care block grant act for publicly funded child care and	47876
related programs. A county department of job and family services	47877
may purchase child care from funds obtained through any other	47878
means.	47879

(D) The department shall encourage the development of	47880
suitable child care throughout the state, especially in areas with	47881
high concentrations of recipients of public assistance and	47882
families with low incomes. The department shall encourage the	47883
development of suitable child care designed to accommodate the	47884
special needs of migrant workers. On request, the department,	47885
through its employees or contracts with state or community child	47886
care resource and referral service organizations, shall provide	47887
consultation to groups and individuals interested in developing	47888
child care. The department of job and family services may enter	47889
into interagency agreements with the department of education, the	47890
board of regents, the department of development, and other state	47891
agencies and entities whenever the cooperative efforts of the	47892
other state agencies and entities are necessary for the department	47893
of job and family services to fulfill its duties and	47894
responsibilities under this chapter.	47895

The department shall develop and maintain a registry of	47896
persons providing child care. The director shall adopt rules	47897
pursuant to Chapter 119. of the Revised Code establishing	47898
procedures and requirements for the registry's administration.	47899

(E)(1) The director shall adopt rules in accordance with	47900
Chapter 119. of the Revised Code establishing both of the	47901
following:	47902

(a) Reimbursement ceilings for providers of publicly funded	47903
child care not later than the first day of July in each	47904
odd-numbered year;	47905

(b) A procedure for reimbursing and paying providers of	47906
publicly funded child care.	47907

(2) In establishing reimbursement ceilings under division	47908
(E)(1)(a) of this section, the director shall do all of the	47909
following:	47910

(a) Use the information obtained under division (B)(3) of	47911
section 5104.04 of the Revised Code;	47912

(b) Establish an enhanced reimbursement ceiling for providers	47913
who provide child care for caretaker parents who work	47914
nontraditional hours;	47915

(c) For a type B family day-care home provider that has	47916
received limited certification pursuant to rules adopted under	47917
division (G)(1) of section 5104.011 of the Revised Code, establish	47918
a reimbursement ceiling that is the following:	47919

(i) If the provider is a person described in division	47920
(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five	47921
per cent of the reimbursement ceiling that applies to a type B	47922
family day-care home certified by the same county department of	47923
job and family services pursuant to section 5104.11 of the Revised	47924
Code;	47925

(ii) If the provider is a person described in division	47926
(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent	47927
of the reimbursement ceiling that applies to a type B family	47928
day-care home certified by the same county department pursuant to	47929
section 5104.11 of the Revised Code.	47930

(3) In establishing reimbursement ceilings under division	47931
(E)(1)(a) of this section, the director may establish different	47932
reimbursement ceilings based on any of the following:	47933

(a) Geographic location of the provider;

47934

(b) Type of care provided;

47935

47936

(d) Special needs of the child served;

47937

(e) Whether the expanded hours of service are provided;

47938

(f) Whether weekend service is provided;

47939

(g) Whether the provider has exceeded the minimum	47940
requirements of state statutes and rules governing child care;	47941

(h) Any other factors the director considers appropriate.

47942

(F) The director shall adopt rules in accordance with Chapter	47943
119. of the Revised Code to implement the voluntary child day-care	47944
center quality-rating program described in division (C)(3)(d) of	47945
this section.	47946

Sec. 5107.02. As used in this chapter:

47947

(A) "Adult" means an individual who is not a minor child.

47948

(B) "Assistance group" means a group of individuals treated	47949
as a unit for purposes of determining eligibility for and the	47950
amount of assistance provided under Ohio works first.	47951

(C) "Custodian" means an individual who has legal custody, as	47952
defined in section 2151.011 of the Revised Code, of a minor child	47953
or comparable status over a minor child created by a court of	47954
competent jurisdiction in another state.	47955

(D) "Domestic violence" means being subjected to any of the	47956
following:	47957

(1) Physical acts that resulted in, or threatened to result	47958
in, physical injury to the individual;	47959

(2) Sexual abuse;

47960

(3) Sexual activity involving a dependent child;

47961

(4) Being forced as the caretaker relative of a dependent	47962
child to engage in nonconsensual sexual acts or activities;	47963

(5) Threats of, or attempts at, physical or sexual abuse;

47964

(6) Mental abuse;

47965

(7) Neglect or deprivation of medical care.

47966

(E) "Guardian" means an individual that is granted authority	47967
by a probate court pursuant to Chapter 2111. of the Revised Code,	47968
or a court of competent jurisdiction in another state, to exercise	47969
parental rights over a minor child to the extent provided in the	47970
court's order and subject to residual parental rights of the minor	47971
child's parents.	47972

~~(E)~~(F) "LEAP program" means the learning, earning, and	47973
parenting program conducted under section 5107.30 of the Revised	47974
Code.	47975

(G) "Minor child" means either of the following:

47976

(1) An individual who has not attained age eighteen;

47977

(2) An individual who has not attained age nineteen and is a	47978
full-time student in a secondary school or in the equivalent level	47979
of vocational or technical training.	47980

~~(F)~~(H) "Minor head of household" means a minor child who is	47981
either of the following:	47982

(1) Is married, at least six months pregnant, and a member of	47983
an assistance group that does not include an adult;	47984

(2) Is married and is a parent of a child included in the	47985
same assistance group that does not include an adult.	47986

~~(G)~~(I) "Ohio works first" means the program established by	47987
this chapter known as temporary assistance for needy families in	47988
Title IV-A.	47989

~~(H)~~(J) "Payment standard" means the amount specified in rules	47990
adopted under section 5107.05 of the Revised Code that is the	47991
maximum amount of cash assistance an assistance group may receive	47992
under Ohio works first from state and federal funds.	47993

~~(I)~~(K) "Specified relative" means the following individuals	47994
who are age eighteen or older:	47995

(1) The following individuals related by blood or adoption:

47996

(a) Grandparents, including grandparents with the prefix	47997
"great," "great-great," or "great-great-great";	47998

(b) Siblings;

47999

(c) Aunts, uncles, nephews, and nieces, including such	48000
relatives with the prefix "great," "great-great," "grand," or	48001
"great-grand";	48002

(d) First cousins and first cousins once removed.

48003

(2) Stepparents and stepsiblings;

48004

(3) Spouses and former spouses of individuals named in	48005
division ~~(I)~~(K)(1) or (2) of this section.	48006

~~(J)~~(L) "Title IV-A" or "Title IV-D" means Title IV-A or Title	48007
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	48008
301, as amended.	48009

Sec. 5107.03. There is hereby established the Ohio works	48010
first program. The department of job and family services shall	48011
administer the program, as long as federal funds are provided for	48012
the program, in accordance with Title IV-A, federal regulations,	48013
state law, the Title IV-A state plan submitted to the United	48014
States secretary of health and human services under section	48015
5101.80 of the Revised Code, amendments to the plan, and federal	48016
waivers granted by the United States secretary.	48017

~~The department shall make all cash assistance payments for~~	48018
~~Ohio works first from funds appropriated for the Ohio works first~~	48019
~~program. A county department of job and family services may use~~	48020
~~county funds to increase the amount of cash assistance an~~	48021
~~assistance group receives. An increase in the amount of cash~~	48022
~~assistance that results from such a use of county funds shall not~~	48023
~~be included as countable income, gross earned income, or gross~~	48024
~~unearned income of the assistance group.~~	48025

Sec. 5107.04. As used in this section, "cost-of-living	48026
adjustment" means the cost-of-living adjustment made by the United	48027
States commissioner of social security under 42 U.S.C. 415(i) for	48028
benefits provided under Title II of the "Social Security Act of	48029
1935."	48030

The department of job and family services shall make all cash	48031
assistance payments for Ohio works first from funds appropriated	48032
for the Ohio works first program. The amount of a cash assistance	48033
payment the department is to make to an assistance group shall be	48034
determined in accordance with rules adopted under section 5107.05	48035
of the Revised Code and shall not exceed the payment standard. The	48036
department shall increase the payment standard on January 1, 2009,	48037
and the first day of each January thereafter by the cost-of-living	48038
adjustment made in the immediately preceding December.	48039

A county department of job and family services may use county	48040
funds to increase the amount of cash assistance an assistance	48041
group receives. An increase in the amount of cash assistance that	48042
results from such a use of county funds shall not be included as	48043
countable income, gross earned income, or gross unearned income of	48044
the assistance group.	48045

Sec. 5107.05. The director of job and family services shall	48046
adopt rules to implement this chapter. The rules shall be	48047
consistent with Title IV-A, Title IV-D, federal regulations, state	48048
law, the Title IV-A state plan submitted to the United States	48049
secretary of health and human services under section 5101.80 of	48050
the Revised Code, amendments to the plan, and waivers granted by	48051
the United States secretary. Rules governing eligibility, program	48052
participation, and other applicant and participant requirements	48053
shall be adopted in accordance with Chapter 119. of the Revised	48054
Code. Rules governing financial and other administrative	48055
requirements applicable to the department of job and family	48056
services and county departments of job and family services shall	48057
be adopted in accordance with section 111.15 of the Revised Code.	48058

(A) The rules shall specify, establish, or govern all of the	48059
following:	48060

(1) A payment standard for Ohio works first based on federal	48061
and state appropriations that is increased in accordance with	48062
section 5107.04 of the Revised Code;	48063

(2) ~~The~~For the purpose of section 5107.04 of the Revised	48064
Code, the method of determining the amount of cash assistance an	48065
assistance group receives under Ohio works first;	48066

(3) Requirements for initial and continued eligibility for	48067
Ohio works first, including requirements regarding income,	48068
citizenship, age, residence, and assistance group composition.	48069
~~The rules regarding income shall specify what is countable income,~~	48070
~~gross earned income, and gross unearned income for the purpose of~~	48071
~~section 5107.10 of the Revised Code.~~;	48072

(4) For the purpose of section 5107.12 of the Revised Code,	48073
application and verification procedures, including the minimum	48074
information an application must contain~~. If there are at least two~~	48075
~~telephone numbers available that a county department of human~~	48076
~~services can call to contact members of an assistance group, which~~	48077
~~may include the telephone number of an individual who can contact~~	48078
~~an assistance group member for the county department, the minimum~~	48079
~~information shall include at least those two telephone numbers.~~;	48080

(5) The extent to which a participant of Ohio works first	48081
must notify, pursuant to section 5107.12 of the Revised Code, a	48082
county department of job and family services of additional income	48083
not previously reported to the county department;	48084

(6) For the purpose of section 5107.16 of the Revised Code,	48085
standards for the determination of good cause for failure or	48086
refusal to comply in full with a provision of a self-sufficiency	48087
contract;	48088

(7) The department of job and family services providing	48089
written notice of a sanction under section 5107.161 of the Revised	48090
Code;	48091

~~(7)~~(8) Requirements for the collection and distribution of	48092
support payments owed participants of Ohio works first pursuant to	48093
section 5107.20 of the Revised Code;	48094

~~(8)~~(9) For the purpose of section 5107.22 of the Revised	48095
Code, what constitutes cooperating in establishing a minor child's	48096
paternity or establishing, modifying, or enforcing a child support	48097
order and good cause for failure or refusal to cooperate~~. The rule~~	48098
~~shall be consistent with 42 U.S.C.A. 654(29).~~;	48099

~~(9)~~(10) The requirements governing the LEAP program ~~provided~~	48100
~~for under section 5107.30 of the Revised Code~~, including the	48101
definitions of "equivalent of a high school diploma" and "good	48102
cause," and the incentives provided under the LEAP program;	48103

~~(10)~~(11) If the director implements section 5107.301 of the	48104
Revised Code, the requirements governing the award provided under	48105
that section, including the form that the award is to take and	48106
requirements an individual must satisfy to receive the award;	48107

~~(11)~~(12) Circumstances under which a county department of job	48108
and family services may exempt a minor head of household or adult	48109
from participating in a work activity or developmental activity	48110
for all or some of the weekly hours otherwise required by section	48111
5107.43 of the Revised Code. ~~Circumstances shall include that a~~	48112
~~school or place of work is closed due to a holiday or weather or~~	48113
~~other emergency and that an employer grants the minor head of~~	48114
~~household or adult leave for illness or earned vacation.~~	48115

~~(12)~~(13) The maximum amount of time the department will	48116
subsidize positions created by state agencies and political	48117
subdivisions under division (C) of section 5107.52 of the Revised	48118
Code;	48119

(14) The implementation of sections 5107.71 to 5107.717 of	48120
the Revised Code by county departments of job and family services;	48121

(15) A domestic violence screening process to be used for the	48122
purpose of division (A) of section 5107.71 of the Revised Code;	48123

(16) The minimum frequency with which county departments of	48124
job and family services must redetermine a member of an assistance	48125
group's need for a waiver issued under section 5107.714 of the	48126
Revised Code.	48127

(B) The rules adopted under division (A)(3) of this section	48128
regarding income shall specify what is countable income, gross	48129
earned income, and gross unearned income for the purpose of	48130
section 5107.10 of the Revised Code.	48131

The rules adopted under division (A)(9) of this section shall	48132
be consistent with 42 U.S.C. 654(29).	48133

The rules adopted under division (A)(12) of this section	48134
shall specify that the circumstances include that a school or	48135
place of work is closed due to a holiday or weather or other	48136
emergency and that an employer grants the minor head of household	48137
or adult leave for illness or earned vacation.	48138

(C) The rules may provide that a county department of job and	48139
family services is not required to take action under section	48140
5107.76 of the Revised Code to recover an erroneous payment that	48141
is below an amount the department specifies.	48142

Sec. 5107.10. (A) As used in this section:

48143

(1) "Countable income," "gross earned income," and "gross	48144
unearned income" have the meanings established in rules adopted	48145
under section 5107.05 of the Revised Code.	48146

(2) "Federal poverty guidelines" has the same meaning as in	48147
section 5101.46 of the Revised Code, except that references to a	48148
person's family in the definition shall be deemed to be references	48149
to the person's assistance group.	48150

(3) "Gross income" means gross earned income and gross	48151
unearned income.	48152

(4) ~~"Initial eligibility threshold" means the higher of the~~	48153
~~following:~~	48154

~~(a) Fifty per cent of the federal poverty guidelines;~~

48155

~~(b) The gross income maximum for initial eligibility for Ohio~~	48156
~~works first as that maximum was set by division (D)(1)(a) of this~~	48157
~~section on the day before the effective date of this amendment.~~	48158

~~(5)~~ "Strike" means continuous concerted action in failing to	48159
report to duty; willful absence from one's position; or stoppage	48160
of work in whole from the full, faithful, and proper performance	48161
of the duties of employment, for the purpose of inducing,	48162
influencing, or coercing a change in wages, hours, terms, and	48163
other conditions of employment. "Strike" does not include a	48164
stoppage of work by employees in good faith because of dangerous	48165
or unhealthful working conditions at the place of employment that	48166
are abnormal to the place of employment.	48167

(B) Under the Ohio works first program, an assistance group	48168
shall receive, except as otherwise provided by this chapter,	48169
time-limited cash assistance. In the case of an assistance group	48170
that includes a minor head of household or adult, assistance shall	48171
be provided in accordance with the self-sufficiency contract	48172
entered into under section 5107.14 of the Revised Code.	48173

(C) To be eligible to participate in Ohio works first, an	48174
assistance group must meet all of the following requirements:	48175

(1) The assistance group, except as provided in division (E)	48176
of this section, must include at least one of the following:	48177

(a) A minor child who, except as provided in section 5107.24	48178
of the Revised Code, resides with a parent, or specified relative	48179
caring for the child, or, to the extent permitted by Title IV-A	48180
and federal regulations adopted until Title IV-A, resides with a	48181
guardian or custodian caring for the child;	48182

(b) A parent residing with and caring for the parent's minor	48183
child who receives supplemental security income under Title XVI of	48184
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	48185
as amended, or federal, state, or local adoption assistance;	48186

(c) A specified relative residing with and caring for a minor	48187
child who is related to the specified relative in a manner that	48188
makes the specified relative a specified relative and receives	48189
supplemental security income or federal, state, or local foster	48190
care or adoption assistance;	48191

(d) A woman at least six months pregnant.

48192

(2) The assistance group must meet the income requirements	48193
established by division (D) of this section.	48194

(3) No member of the assistance group may be involved in a	48195
strike.	48196

(4) The assistance group must satisfy the requirements for	48197
Ohio works first established by this chapter and sections 5101.58,	48198
5101.59, and 5101.83 of the Revised Code.	48199

(5) The assistance group must meet requirements for Ohio	48200
works first established by rules adopted under section 5107.05 of	48201
the Revised Code.	48202

(D)(1) Except as provided in division (D)(4) of this section,	48203
to determine whether an assistance group is initially eligible to	48204
participate in Ohio works first, a county department of job and	48205
family services shall do the following:	48206

(a) Determine whether the assistance group's gross income	48207
exceeds ~~the initial eligibility threshold~~fifty per cent of the	48208
federal poverty guidelines. In making this determination, the	48209
county department shall disregard amounts that federal statutes or	48210
regulations and sections 5101.17 and 5117.10 of the Revised Code	48211
require be disregarded. The assistance group is ineligible to	48212
participate in Ohio works first if the assistance group's gross	48213
income, less the amounts disregarded, exceeds ~~the initial~~	48214
~~eligibility threshold~~fifty per cent of the federal poverty	48215
guidelines.	48216

(b) If the assistance group's gross income, less the amounts	48217
disregarded pursuant to division (D)(1)(a) of this section, does	48218
not exceed ~~the initial eligibility threshold~~fifty per cent of the	48219
federal poverty guidelines, determine whether the assistance	48220
group's countable income is less than the payment standard. The	48221
assistance group is ineligible to participate in Ohio works first	48222
if the assistance group's countable income equals or exceeds the	48223
payment standard.	48224

(2) For the purpose of determining whether an assistance	48225
group meets the income requirement established by division	48226
(D)(1)(a) of this section, the annual revision that the United	48227
States department of health and human services makes to the	48228
federal poverty guidelines shall go into effect on the first day	48229
of July of the year for which the revision is made.	48230

(3) To determine whether an assistance group participating in	48231
Ohio works first continues to be eligible to participate, a county	48232
department of job and family services shall determine whether the	48233
assistance group's countable income continues to be less than the	48234
payment standard. In making this determination, the county	48235
department shall disregard the first two hundred fifty dollars and	48236
fifty per cent of the remainder of the assistance group's gross	48237
earned income. No amounts shall be disregarded from the assistance	48238
group's gross unearned income. The assistance group ceases to be	48239
eligible to participate in Ohio works first if its countable	48240
income, less the amounts disregarded, equals or exceeds the	48241
payment standard.	48242

(4) If an assistance group reapplies to participate in Ohio	48243
works first not more than four months after ceasing to	48244
participate, a county department of job and family services shall	48245
use the income requirement established by division (D)(3) of this	48246
section to determine eligibility for resumed participation rather	48247
than the income requirement established by division (D)(1) of this	48248
section.	48249

(E)(1) An assistance group may continue to participate in	48250
Ohio works first even though a public children services agency	48251
removes the assistance group's minor children from the assistance	48252
group's home due to abuse, neglect, or dependency if the agency	48253
does both of the following:	48254

(a) Notifies the county department of job and family services	48255
at the time the agency removes the children that it believes the	48256
children will be able to return to the assistance group within six	48257
months;	48258

(b) Informs the county department at the end of each of the	48259
first five months after the agency removes the children that the	48260
parent, guardian, custodian, or specified relative of the children	48261
is cooperating with the case plans prepared for the children under	48262
section 2151.412 of the Revised Code and that the agency is making	48263
reasonable efforts to return the children to the assistance group.	48264

(2) An assistance group may continue to participate in Ohio	48265
works first pursuant to division (E)(1) of this section for not	48266
more than six payment months. This division does not affect the	48267
eligibility of an assistance group that includes a woman at least	48268
six months pregnant.	48269

Sec. 5107.12. An assistance group seeking to participate in	48270
the Ohio works first program shall apply to a county department of	48271
job and family services using an application containing	48272
information the director of job and family services requires	48273
pursuant to rules adopted under section 5107.05 of the Revised	48274
Code and any additional information the county department	48275
requires. If cash assistance under the program is to be paid by	48276
the director of budget and management through the medium of direct	48277
deposit as provided by section 329.03 of the Revised Code, the	48278
application shall be accompanied by information the director needs	48279
to make direct deposits.	48280

When a county department receives an application for	48281
participation in Ohio works first, it shall promptly make an	48282
investigation and record of the circumstances of the applicant in	48283
order to ascertain the facts surrounding the application and to	48284
obtain such other information as may be required. Upon the	48285
completion of the investigation, the county department shall	48286
determine as soon as possible whether the applicant is eligible to	48287
participate, the amount of cash assistance the applicant should	48288
receive, and the approximate date when participation shall begin.	48289
The county department shall not delay making the determination of	48290
whether the applicant is eligible to participate on the basis that	48291
the individuals required by section 5107.14 of the Revised Code to	48292
enter into a written self-sufficiency contract with the county	48293
department have not yet done that. The amount of cash assistance	48294
so determined shall be certified to the department of job and	48295
family services in such form as the department shall prescribe.	48296
Warrants, direct deposits, or debit cards shall be delivered or	48297
made payable in the manner the department may prescribe.	48298

To the extent required by rules adopted under section 5107.05	48299
of the Revised Code, a participant of Ohio works first shall	48300
notify the county department immediately upon the receipt or	48301
possession of additional income not previously reported to the	48302
county department. Any failure to so notify a county department	48303
shall be regarded as prima-facie evidence of an intent to defraud.	48304

Sec. 5107.121. A county department of job and family	48305
services shall provide assistance groups applying for or	48306
undergoing a redetermination of eligibility for Ohio works first	48307
written and oral information about both of the following:	48308

(A) The availability of counseling and supportive services	48309
pursuant to division (B) of section 5107.71 of the Revised Code	48310
for members of the assistance group who have been subjected to	48311
domestic violence;	48312

(B) The availability of waivers under section 5107.714 of the	48313
Revised Code exempting members of the assistance group who have	48314
been subjected to domestic violence from a requirement of the Ohio	48315
works first program.	48316

Sec. 5107.14. (A) An assistance group is ineligible to	48317
participate in Ohio works first unless ~~the minor head of household~~	48318
~~or each adult member of the assistance group, not later than~~	48319
~~thirty days after applying for or undergoing a redetermination of~~	48320
~~eligibility for the program, enters~~the following enter into a	48321
written self-sufficiency contract with the county department of	48322
job and family services not later than thirty days after the	48323
assistance group applies for or undergoes a redetermination of	48324
eligibility for the program:	48325

(1) Each adult member of the assistance group;

48326

(2) The assistance group's minor head of household unless the	48327
minor head of household is participating in the LEAP program. ~~The~~	48328

(B) A self-sufficiency contract shall set forth the rights	48329
and responsibilities of the assistance group as applicants for and	48330
participants of ~~the program, including work responsibilities~~	48331
~~established under sections 5107.40 to 5107.69 of the Revised Code~~	48332
~~and other requirements designed to assist the assistance group in~~	48333
~~achieving self sufficiency and personal responsibility. The county~~	48334
~~department shall provide without charge a copy of the contract to~~	48335
~~each assistance group member who signs it.~~	48336

~~Each~~Ohio works first. Each self-sufficiency contract shall	48337
include, based on appraisals conducted under section 5107.41 of	48338
the Revised Code and assessments conducted under section 5107.70	48339
of the Revised Code, the following:	48340

~~(A)~~(1) The assistance group's plan, developed under section	48341
5107.41 of the Revised Code, to achieve the goal of self	48342
sufficiency and personal responsibility through unsubsidized	48343
employment within the time limit for participating in Ohio works	48344
first established by section 5107.18 of the Revised Code;	48345

~~(B)~~(2) Work activities, developmental activities, and	48346
alternative work activities to which members of the assistance	48347
group are assigned under sections 5107.40 to 5107.69 of the	48348
Revised Code;	48349

~~(C)~~(3) The responsibility of a caretaker member of the	48350
assistance group to cooperate in establishing a minor child's	48351
paternity and establishing, modifying, and enforcing a support	48352
order for the child in accordance with section 5107.22 of the	48353
Revised Code;	48354

~~(D)~~(4) Other responsibilities that members of the assistance	48355
group must satisfy to participate in Ohio works first and the	48356
consequences for failure or refusal to satisfy the	48357
responsibilities;	48358

~~(E)~~(5) An agreement that, except as otherwise provided in a	48359
waiver issued under section 5107.714 of the Revised Code, the	48360
assistance group will comply with the conditions of participating	48361
in Ohio works first established by this chapter and sections	48362
5101.58, 5101.59, and 5101.83 of the Revised Code;	48363

~~(F)~~(6) Assistance and services the county department will	48364
provide to the assistance group;	48365

~~(G)~~(7) Assistance and services the child support enforcement	48366
agency and public children services agency will provide to the	48367
assistance group pursuant to a plan of cooperation entered into	48368
under section 307.983 of the Revised Code;	48369

~~(H)~~(8) Other provisions designed to assist the assistance	48370
group in achieving self sufficiency and personal responsibility;	48371

~~(I)~~(9) Procedures for assessing whether responsibilities are	48372
being satisfied and whether the contract should be amended;	48373

~~(J)~~(10) Procedures for amending the contract.

48374

(C) No self-sufficiency contract shall include provisions	48375
regarding the LEAP program.	48376

(D) The county department shall provide without charge a copy	48377
of the self-sufficiency contract to each assistance group member	48378
who signs it.	48379

Sec. 5107.16. (A) If a member of an assistance group fails	48380
or refuses, without good cause, to comply in full with a provision	48381
of a self-sufficiency contract entered into under section 5107.14	48382
of the Revised Code, a county department of job and family	48383
services shall sanction the assistance group as follows:	48384

(1) For a first failure or refusal, the county department	48385
shall deny or terminate the assistance group's eligibility to	48386
participate in Ohio works first for one payment month ~~or until the~~	48387
~~failure or refusal ceases, whichever is longer~~;	48388

(2) For a second failure or refusal, the county department	48389
shall deny or terminate the assistance group's eligibility to	48390
participate in Ohio works first for three payment months ~~or until~~	48391
~~the failure or refusal ceases, whichever is longer~~;	48392

(3) For a third or subsequent failure or refusal, the county	48393
department shall deny or terminate the assistance group's	48394
eligibility to participate in Ohio works first for six payment	48395
months ~~or until the failure or refusal ceases, whichever is~~	48396
~~longer~~.	48397

(B) ~~Each county department~~The director of job and family	48398
services shall establish standards for the determination of good	48399
cause for failure or refusal to comply in full with a provision of	48400
a self-sufficiency contract in rules adopted under section 5107.05	48401
of the Revised Code.	48402

~~(1) In the case of a failure or refusal to participate in a~~	48403
~~work activity, developmental activity, or alternative work~~	48404
~~activity under sections 5107.40 to 5107.69 of the Revised Code,~~	48405
~~good cause shall include, except as provided in division (B)(2) of~~	48406
~~this section, the following:~~	48407

~~(a) Failure of the county department to place the member in~~	48408
~~an activity;~~	48409

~~(b) Failure of the county department to provide for the~~	48410
~~assistance group to receive support services the county department~~	48411
~~determines under section 5107.66 of the Revised Code to be~~	48412
~~necessary. In determining whether good cause exists, a county~~	48413
~~department shall determine that day care is a necessary support~~	48414
~~service if a single custodial parent caring for a minor child~~	48415
~~under age six proves a demonstrated inability, as determined by~~	48416
~~the county department, to obtain needed child care for one or more~~	48417
~~of the following reasons:~~	48418

~~(i) Unavailability of appropriate child care within a~~	48419
~~reasonable distance from the parent's home or work site;~~	48420

~~(ii) Unavailability or unsuitability of informal child care~~	48421
~~by a relative or under other arrangements;~~	48422

~~(iii) Unavailability of appropriate and affordable formal~~	48423
~~child care arrangements.~~	48424

~~(2) Good cause does not exist if the member of the assistance~~	48425
~~group is placed in a work activity established under section~~	48426
~~5107.58 of the Revised Code and exhausts the support services~~	48427
~~available for that activity.~~	48428

(C) ~~When a state hearing under division (B) of section~~	48429
~~5101.35 of the Revised Code or an administrative appeal under~~	48430
~~division (C) of that section is held regarding a sanction under~~	48431
~~this section, the hearing officer, director of job and family~~	48432
~~services, or director's designee shall base the decision in the~~	48433
~~hearing or appeal on the county department's standards of good~~	48434
~~cause for failure or refusal to comply in full with a provision of~~	48435
~~a self-sufficiency contract, if the county department provides the~~	48436
~~hearing officer, director, or director's designee a copy of the~~	48437
~~county department's good cause standards.~~	48438

~~(D)~~ After sanctioning an assistance group under division (A)	48439
of this section, a county department of job and family services	48440
shall continue to work with the assistance group ~~to provide the~~	48441
~~member of the assistance group who caused the sanction an~~	48442
~~opportunity to demonstrate to the county department a willingness~~	48443
~~to cease the failure or refusal to comply with the~~	48444
~~self-sufficiency contract~~.	48445

~~(E)~~(D) An adult eligible for ~~medical assistance~~medicaid	48446
pursuant to division (A)(1)(a) of section 5111.01 of the Revised	48447
Code who is sanctioned under division (A)(3) of this section for a	48448
failure or refusal, without good cause, to comply in full with a	48449
provision of a self-sufficiency contract related to work	48450
responsibilities under sections 5107.40 to 5107.69 of the Revised	48451
Code loses eligibility for ~~medical assistance~~medicaid unless the	48452
adult is otherwise eligible for ~~medical assistance~~medicaid	48453
pursuant to another division of section 5111.01 of the Revised	48454
Code.	48455

~~(F)~~ An assistance group that would be participating in Ohio	48456
works first if not for a sanction under this section shall	48457
continue to be eligible for all of the following:	48458

(1) Publicly funded child care in accordance with division	48459
(A)(3) of section 5104.30 of the Revised Code;	48460

(2) Support services in accordance with section 5107.66 of	48461
the Revised Code;	48462

(3) To the extent permitted by the "Fair Labor Standards Act	48463
of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended, to	48464
participate in work activities, developmental activities, and	48465
alternative work activities in accordance with sections 5107.40 to	48466
5107.69 of the Revised Code.	48467

Sec. 5107.17. An assistance group that resumes participation	48468
in Ohio works first following a sanction under section 5107.16 of	48469
the Revised Code is not required to do either of the following:	48470

(A) Reapply under section 5107.12 of the Revised Code, unless	48471
it is the assistance group's regularly scheduled time for an	48472
eligibility redetermination;	48473

(B) Enter into a new self-sufficiency contract under section	48474
5107.14 of the Revised Code, unless the county department of job	48475
and family services determines it is time for a new appraisal	48476
under section 5107.41 of the Revised Code or the assistance	48477
group's circumstances have changed in a manner necessitating an	48478
amendment to the self-sufficiency contract as determined using	48479
procedures included in the contract under division ~~(I)~~(B)(9) of	48480
section 5107.14 of the Revised Code.	48481

Sec. 5107.18. (A) Except as provided in divisions (B), (C),	48482
(D), ~~and~~ (E), and (F) of this section, an assistance group is	48483
ineligible to participate in Ohio works first if the assistance	48484
group includes an individual who has participated in the program	48485
for thirty-six months as any of the following: an adult head of	48486
household, minor head of household, or spouse of an adult head of	48487
household or minor head of household. The time limit applies	48488
regardless of whether the thirty-six months are consecutive.	48489

(B) An assistance group that has ceased to participate in	48490
Ohio works first pursuant to division (A) of this section for at	48491
least twenty-four months, whether consecutive or not, may reapply	48492
to participate in the program if good cause exists as determined	48493
by the county department of job and family services. Good cause	48494
may include losing employment, inability to find employment,	48495
divorce, domestic violence considerations, and unique personal	48496
circumstances. The assistance group must provide a county	48497
department of job and family services verification acceptable to	48498
the county department of whether any members of the assistance	48499
group had employment during the period the assistance group was	48500
not participating in Ohio works first and the amount and sources	48501
of the assistance group's income during that period. If a county	48502
department is satisfied that good cause exists for the assistance	48503
group to reapply to participate in Ohio works first, the	48504
assistance group may reapply. Except as provided in divisions (C),	48505
(D), and ~~(E)~~(F) of this section, the assistance group may not	48506
participate in Ohio works first for more than twenty-four	48507
additional months. The time limit applies regardless of whether	48508
the twenty-four months are consecutive.	48509

(C) In determining the number of months a parent or pregnant	48510
woman has received assistance under Title IV-A, a county	48511
department of job and family services shall disregard any month	48512
during which the parent or pregnant woman was a minor child but	48513
was neither a minor head of household nor married to the head of	48514
an assistance group.	48515

(D) In determining the number of months an adult has received	48516
assistance under Title IV-A, a county department of job and family	48517
services shall disregard any month during which the adult lived on	48518
an Indian reservation or in an Alaska native village, as those	48519
terms are used in 42 U.S.C.A. 608(a)(7)(D), if, during the month,	48520
at least one thousand individuals lived on the reservation or in	48521
the village and at least fifty per cent of the adults living on	48522
the reservation or in the village were unemployed.	48523

(E) A county department of job and family services may exempt	48524
an Ohio works first assistance group from the time limit	48525
established by division (A) of this section by issuing a waiver of	48526
the time limit in accordance with section 5107.714 of the Revised	48527
Code. A county department may not exempt an assistance group until	48528
the group has exhausted its thirty-six months of cash assistance.	48529
An exemption granted under this division shall not count toward	48530
the twenty per cent limitation that applies to the exemptions	48531
granted under division (F) of this section.	48532

(F) A county department of job and family services may exempt	48533
not more than twenty per cent of the average monthly number of	48534
Ohio works first assistance groups from the time limit established	48535
by this section on the grounds that the county department	48536
determines that the time limit is a hardship. In the case of the	48537
time limit established by division (A) of this section, a county	48538
department may not exempt an assistance group until the group has	48539
exhausted its thirty-six months of cash assistance.	48540

~~(F)~~(G) The department of job and family services shall	48541
continually monitor the percentage of the average monthly number	48542
of Ohio works first assistance groups in each county that is	48543
exempted under division ~~(E)~~(F) of this section from the time limit	48544
established by this section. On determining that the percentage in	48545
any county equals or exceeds eighteen per cent, the department	48546
shall immediately notify the county department of job and family	48547
services.	48548

~~(G)~~(H) Only participation in Ohio works first on or after	48549
October 1, 1997, applies to the time limit established by this	48550
section. The time limit applies regardless of the source of	48551
funding for the program. Assistance under Title IV-A provided by	48552
any state applies to the time limit. The time limit is a lifetime	48553
limit. No assistance group shall receive assistance under the	48554
program in violation of the time limit for assistance under Title	48555
IV-A established by section 408(a)(7) of the "Social Security	48556
Act," as amended by the "Personal Responsibility and Work	48557
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	48558
U.S.C.A. 608 (a)(7).	48559

Sec. 5107.281. A participant of Ohio works first who is	48560
enrolled in a school district in a county that is participating in	48561
the learnfare program and is not younger than age six but not	48562
older than age nineteen shall participate in the learnfare program	48563
unless one of the following is the case:	48564

(A) The participant is not yet eligible for enrollment in	48565
first grade;	48566

(B) The participant is subject to the LEAP program ~~under~~	48567
~~section 5107.30 of the Revised Code~~;	48568

48569

(1) A high school diploma;

48570

(2) A certificate stating that the participant has achieved	48571
the equivalent of a high school education as measured by scores	48572
obtained on the tests of general educational development as	48573
published by the American council on education.	48574

(D) The participant has been excused from school attendance	48575
pursuant to section 3321.04 of the Revised Code;	48576

(E) If child care services for a member of the participant's	48577
household are necessary for the participant to attend school,	48578
child care licensed or certified under Chapter 5104. of the	48579
Revised Code or under sections 3301.52 to 3301.59 of the Revised	48580
Code and transportation to and from the child care are not	48581
available;	48582

(F) The participant has been adjudicated a delinquent or	48583
unruly child pursuant to section 2151.28 of the Revised Code.	48584

Sec. 5107.30. (A) As used in this section:

48585

(1) "Equivalent of a high school diploma" and "good cause"	48586
have the meanings established in rules adopted under section	48587
5107.05 of the Revised Code.	48588

(2) ~~"LEAP program" means the learning, earning, and parenting~~	48589
~~program.~~	48590

~~(3)~~ "Participating teen" means an individual to whom all of	48591
the following apply:	48592

(a) The individual is a participant of Ohio works first;

48593

(b) The individual is under age eighteen or is age eighteen	48594
and in school and is a natural or adoptive parent or is pregnant;	48595

(c) The individual is subject to the LEAP program's	48596
requirements.	48597

~~(4)~~(3) "School" means an educational program that is designed	48598
to lead to the attainment of a high school diploma or the	48599
equivalent of a high school diploma.	48600

(B) The director of job and family services may conduct a	48601
program titled the "LEAP program" in accordance with rules adopted	48602
under section 5107.05 of the Revised Code. The purpose of the LEAP	48603
program is to encourage teens to complete school.	48604

Every participating teen shall attend school in accordance	48605
with the requirements governing the LEAP program unless the	48606
participating teen shows good cause for not attending school. The	48607
department shall provide, in addition to the cash assistance	48608
payment provided under Ohio works first, an incentive payment, in	48609
an amount determined by the department, to every participating	48610
teen who attends school in accordance with the requirements	48611
governing the LEAP program. In addition to the incentive payment,	48612
the department may provide other incentives to participating teens	48613
who attend school in accordance with the LEAP program's	48614
requirements. The department shall reduce the cash assistance	48615
payment, in an amount determined by the department, under Ohio	48616
works first to every participating teen who fails or refuses,	48617
without good cause, to meet the LEAP program's requirements.	48618

Every participating teen shall enter into a written agreement	48619
with the county department of job and family services that	48620
specifies all of the following:	48621

(1) The participating teen, to be eligible to receive the	48622
incentive payment and other incentives, if any, under this	48623
section, must meet the requirements of the LEAP program.	48624

(2) The incentive payment and other incentives, if any, will	48625
be provided if the participating teen meets the requirements of	48626
the LEAP program.	48627

(3) The participating teen's cash assistance payment under	48628
Ohio works first will be reduced if the participating teen fails	48629
or refuses without good cause to attend school in accordance with	48630
the requirements governing the LEAP program.	48631

(C) A minor head of ~~household who is participating~~	48632
household's participation in the LEAP program shall be ~~considered~~	48633
~~to be participating in a work activity for the purpose of sections~~	48634
~~5107.40 to 5107.69~~counted in determining whether a county	48635
department of job and family services meets the requirement of	48636
section 5107.44 of the Revised Code. ~~However, the minor head of~~	48637
~~household is not subject to the requirements or sanctions of those~~	48638
~~sections.~~	48639

(D) Subject to the availability of funds, county departments	48640
of job and family services shall provide for participating teens	48641
to receive support services the county department determines to be	48642
necessary for LEAP participation. Support services may include	48643
publicly funded child care under Chapter 5104. of the Revised	48644
Code, transportation, and other services.	48645

Sec. 5107.36. An individual is ~~not eligible to participate~~	48646
inineligible for assistance under Ohio works first if either of	48647
the following apply:	48648

(A) The individual is a fugitive felon as defined in section	48649
5101.20 of the Revised Code;	48650

(B) The individual is violating a condition of probation, a	48651
community control sanction, parole, or a post-release control	48652
sanction imposed under federal or state law.	48653

Sec. 5107.41. As soon as possible after an assistance group	48654
submits an application to participate in Ohio works first, the	48655
county department of job and family services that receives the	48656
application shall schedule and conduct an appraisal of each member	48657
of the assistance group who is a minor head of household or adult,	48658
other than a minor head of household participating in the LEAP	48659
program. The appraisal may include an evaluation of the	48660
employment, educational, physiological, and psychological	48661
abilities or liabilities, or both, of the minor head of household	48662
or adult. At the appraisal, the county department shall develop	48663
with the minor head of household or adult a plan for the	48664
assistance group to achieve the goal of self sufficiency and	48665
personal responsibility through unsubsidized employment within the	48666
time limit for participating in the Ohio works first program	48667
established by section 5107.18 of the Revised Code. The plan shall	48668
include assignments to one or more work activities, developmental	48669
activities, or alternative work activities in accordance with	48670
section 5107.42 of the Revised Code. The county department shall	48671
include the plan in the self-sufficiency contract entered into	48672
under section 5107.14 of the Revised Code.	48673

The county department shall conduct more appraisals of the	48674
minor head of household or adult at times the county department	48675
determines.	48676

If the minor head of household or adult claims to have a	48677
medically determinable physiological or psychological impairment,	48678
illness, or disability, the county department may require that the	48679
minor head of household or adult undergo an independent medical or	48680
psychological examination at a time and place reasonably	48681
convenient to the minor head of household or adult.	48682

Sec. 5107.42. (A) Except as provided in divisions (B) and	48683
(C) of this section, county departments of job and family services	48684
shall assign each minor head of household and adult participating	48685
in Ohio works first, other than a minor head of household	48686
participating in the LEAP program, to one or more work activities	48687
and developmental activities.	48688

If a county department assigns a minor head of household or	48689
adult to the work activity established under division (H) of	48690
section 5107.60 of the Revised Code, the county department shall	48691
make reasonable efforts to assign the minor head of household or	48692
adult to at least one other work activity at the same time. If a	48693
county department assigns a minor head of household or adult to	48694
the work activity established under section 5107.58 of the Revised	48695
Code, the county department shall assign the minor head of	48696
household or adult to at least one other work activity at the same	48697
time.	48698

A county department may not assign a minor head of household	48699
or adult to a work activity established under division (D) of	48700
section 5107.60 of the Revised Code for more than twelve months.	48701

(B) If a county department determines that a minor head of	48702
household or adult has a temporary or permanent barrier to	48703
participation in a work activity, it may assign the minor head of	48704
household or adult to one or more alternative work activities	48705
instead of assigning the minor head of household or adult to one	48706
or more work activities or developmental activities. A county	48707
department may not assign more than twenty per cent of minor heads	48708
of household and adults participating in Ohio works first to an	48709
alternative work activity.	48710

County departments shall establish standards for determining	48711
whether a minor head of household or adult has a temporary or	48712
permanent barrier to participating in a work activity. The	48713
following are examples of circumstances that a county department	48714
may consider when it develops its standards:	48715

(1) A minor head of household or adult provides the county	48716
department documented evidence that one or more members of the	48717
assistance group have been the victim of domestic violence and are	48718
in imminent danger of suffering continued domestic violence;	48719

(2) A minor head of household or adult is actively	48720
participating in an alcohol or drug addiction program certified by	48721
the department of alcohol and drug addiction services under	48722
section 3793.06 of the Revised Code;	48723

(3) An assistance group is homeless.

48724

(C) A county department may exempt a minor head of household	48725
or adult who is unmarried and caring for a minor child under	48726
twelve months of age from the work requirements of sections	48727
5107.40 to 5107.69 of the Revised Code for not more than twelve	48728
months. While exempt, the minor head of household or adult shall	48729
be disregarded in determining whether the county department is	48730
meeting the requirement of section 5107.44 of the Revised Code.	48731
The county department shall assign the exempt minor head of	48732
household or adult to at least one developmental activity for a	48733
number of hours a week the county department determines. The	48734
county department may assign the exempt minor head of household or	48735
adult to one or more work activities, in addition to developmental	48736
activities, for a number of hours the county department	48737
determines. Division (B) of section 5107.43 of the Revised Code	48738
does not apply to the exempt minor head of household or adult.	48739

(D) A county department may reassign a minor head of	48740
household or adult when the county department determines	48741
reassignment will aid the assistance group in achieving self	48742
sufficiency and personal responsibility and shall make	48743
reassignments when circumstances requiring reassignment occur,	48744
including when a temporary barrier to participating in a work	48745
activity is eliminated.	48746

A county department shall include assignments in the	48747
self-sufficiency contract entered into under section 5107.14 of	48748
the Revised Code and shall amend the contract when a reassignment	48749
is made to include the reassignment in the contract.	48750

Sec. 5107.70. A county department of job and family	48751
services, at times it determines, may conduct assessments of	48752
assistance groups participating in Ohio works first to determine	48753
whether any members of the group are in need of other assistance	48754
or services provided by the county department or other private or	48755
government entities. Assessments may include the following:	48756

(A) Whether any member of the assistance group has a	48757
substance abuse problem;	48758

(B) Whether there are any other circumstances that may limit	48759
an assistance group member's employability.	48760

~~At the first assessment conducted by the county department,~~	48761
~~it shall inquire as to whether any member of an assistance group~~	48762
~~is the victim of domestic violence, including child abuse. The~~	48763
~~county department shall provide this information to the department~~	48764
~~of job and family services. The department shall maintain the~~	48765
~~information for statistical analysis purposes.~~	48766

The county department may refer an assistance group member to	48767
a private or government entity that provides assistance or	48768
services the county department determines the member needs. The	48769
entity may be a public children services agency, chapter of	48770
alcoholics anonymous, narcotics anonymous, or cocaine anonymous,	48771
or any other entity the county department considers appropriate.	48772

Sec. 5107.71. Each county department of job and family	48773
services shall do all of the following in accordance with rules	48774
adopted under section 5107.05 of the Revised Code:	48775

(A) Identify members of assistance groups applying for and	48776
participating in Ohio works first who have been subjected to	48777
domestic violence by utilizing the domestic violence screening	48778
process established in the rules;	48779

(B) Refer a member who has been subjected to domestic	48780
violence to counseling and supportive services;	48781

(C) Except as provided in section 5107.713 of the Revised	48782
Code, maintain the confidentiality of information about a member	48783
who has been subjected to domestic violence;	48784

(D) Make a determination of whether a member who has been	48785
subjected to domestic violence should be issued a waiver under	48786
section 5107.714 of the Revised Code.	48787

Sec. 5107.711. When utilizing the domestic violence	48788
screening process established in rules adopted under section	48789
5107.05 of the Revised Code to identify members of assistance	48790
groups applying for and participating in Ohio works first who have	48791
been subjected to domestic violence, a county department of job	48792
and family services shall do both of the following:	48793

(A) Where available, rely on records from any of the	48794
following:	48795

(1) Police, courts, and other governmental entities;

48796

(2) Shelters and legal, religious, medical, and other	48797
professionals from whom an assistance group member sought	48798
assistance in dealing with domestic violence;	48799

(3) Other persons with knowledge of the domestic violence.

48800

(B) Rely on an assistance group member's allegation of	48801
domestic violence unless the county department has an independent,	48802
reasonable basis to find the allegation not credible.	48803

Sec. 5107.712. A member of an assistance group applying for	48804
or participating in Ohio works first who is referred to counseling	48805
or supportive services pursuant to division (B) of section 5107.71	48806
of the Revised Code may decline the counseling, supportive	48807
services, or both.	48808

Sec. 5107.713. When a county department of job and family	48809
services identifies a member of an assistance group applying for	48810
or participating in Ohio works first who has been subjected to	48811
domestic violence, the county department shall provide information	48812
about the member to the department of job and family services. The	48813
department shall maintain the information for federal reporting	48814
and statistical analysis purposes only.	48815

Sec. 5107.714. A county department of job and family	48816
services shall issue a member of an assistance group participating	48817
in Ohio works first a waiver that exempts the member from a	48818
requirement of the Ohio works first program if the county	48819
department determines that the member has been subjected to	48820
domestic violence and requiring compliance with the requirement	48821
would make it more difficult for the member to escape domestic	48822
violence or unfairly penalize the member. A waiver shall specify	48823
the particular requirement being waived. A waiver may not exempt	48824
the member from the time limit on participating in the Ohio works	48825
first program established by division (B) of section 5107.18 of	48826
the Revised Code. A waiver shall be effective for a period of time	48827
the county department determines necessary. The county department	48828
shall redetermine the member's need for the waiver not less often	48829
than a period of time specified in rules adopted under section	48830
5107.05 of the Revised Code.	48831

Sec. 5107.715. A county department of job and family	48832
services that refuses to issue a waiver under section 5107.714 of	48833
the Revised Code for a member of an assistance group participating	48834
in Ohio works first shall provide the member a written explanation	48835
for the refusal. The written explanation shall be provided to the	48836
member in a manner protecting the member's confidentiality. The	48837
member may appeal the refusal pursuant to section 5101.35 of the	48838
Revised Code.	48839

Sec. 5107.716. A member of an assistance group participating	48840
in Ohio works first may decline a waiver that would otherwise be	48841
issued under section 5107.714 of the Revised Code and may	48842
terminate at any time a waiver that has been issued under that	48843
section.	48844

Sec. 5107.717. The department of job and family services	48845
shall monitor county departments of job and family services'	48846
implementation of sections 5107.71 to 5107.716 of the Revised Code	48847
to ensure that the county departments comply with those sections.	48848

Sec. 5111.01. As used in this chapter, "medical assistance	48849
program" or "medicaid" means the program that is authorized by	48850
this chapter and provided by the department of job and family	48851
services under this chapter, Title XIX of the "Social Security	48852
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the	48853
waivers of Title XIX requirements granted to the department by the	48854
~~health care financing administration~~centers for medicare and	48855
medicaid services of the United States department of health and	48856
human services.	48857

The department of job and family services shall act as the	48858
single state agency to supervise the administration of the	48859
medicaid program. As the single state agency, the department shall	48860
comply with 42 C.F.R. 431.10(e). The department's rules governing	48861
medicaid are binding on other agencies that administer components	48862
of the medicaid program. No agency may establish, by rule or	48863
otherwise, a policy governing medicaid that is inconsistent with a	48864
medicaid policy established, in rule or otherwise, by the director	48865
of job and family services.	48866

(A) The department of job and family services may provide	48867
medical assistance under the medicaid program as long as federal	48868
funds are provided for such assistance, to the following:	48869

(1) Families with children that meet either of the following	48870
conditions:	48871

(a) The family meets the income, resource, and family	48872
composition requirements in effect on July 16, 1996, for the	48873
former aid to dependent children program as those requirements	48874
were established by Chapter 5107. of the Revised Code, federal	48875
waivers granted pursuant to requests made under former section	48876
5101.09 of the Revised Code, and rules adopted by the department	48877
or any changes the department makes to those requirements in	48878
accordance with paragraph (a)(2) of section 114 of the "Personal	48879
Responsibility and Work Opportunity Reconciliation Act of 1996,"	48880
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	48881
implementing section 5111.019 of the Revised Code. An adult loses	48882
eligibility for ~~medical assistance~~medicaid under division	48883
(A)(1)(a) of this section pursuant to division ~~(E)~~(D) of section	48884
5107.16 of the Revised Code.	48885

(b) The family does not meet the requirements specified in	48886
division (A)(1)(a) of this section but is eligible for ~~medical~~	48887
~~assistance~~medicaid pursuant to section 5101.18 of the Revised	48888
Code.	48889

(2) Aged, blind, and disabled persons who meet the following	48890
conditions:	48891

(a) Receive federal aid under Title XVI of the "Social	48892
Security Act," or are eligible for but are not receiving such aid,	48893
provided that the income from all other sources for individuals	48894
with independent living arrangements shall not exceed one hundred	48895
seventy-five dollars per month. The income standards hereby	48896
established shall be adjusted annually at the rate that is used by	48897
the United States department of health and human services to	48898
adjust the amounts payable under Title XVI.	48899

(b) Do not receive aid under Title XVI, but meet any of the	48900
following criteria:	48901

(i) Would be eligible to receive such aid, except that their	48902
income, other than that excluded from consideration as income	48903
under Title XVI, exceeds the maximum under division (A)(2)(a) of	48904
this section, and incurred expenses for medical care, as	48905
determined under federal regulations applicable to section 209(b)	48906
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	48907
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	48908
their income exceeds the maximum under division (A)(2)(a) of this	48909
section;	48910

(ii) Received aid for the aged, aid to the blind, or aid for	48911
the permanently and totally disabled prior to January 1, 1974, and	48912
continue to meet all the same eligibility requirements;	48913

(iii) Are eligible for ~~medical assistance~~medicaid pursuant	48914
to section 5101.18 of the Revised Code.	48915

(3) Persons to whom federal law requires, as a condition of	48916
state participation in the medicaid program, that ~~medical~~	48917
~~assistance~~medicaid be provided;	48918

(4) Persons under age twenty-one who meet the income	48919
requirements for the Ohio works first program established under	48920
Chapter 5107. of the Revised Code but do not meet other	48921
eligibility requirements for the program. The director shall	48922
adopt rules in accordance with Chapter 119. of the Revised Code	48923
specifying which Ohio works first requirements shall be waived for	48924
the purpose of providing medicaid eligibility under division	48925
(A)(4) of this section.	48926

(B) If sufficient funds are appropriated for ~~such purpose by~~	48927
~~the general assembly~~the medicaid program, the department may	48928
provide medical assistance under the medicaid program to persons	48929
in groups designated by federal law as groups to which a state, at	48930
its option, may provide medical assistance under the medicaid	48931
program.	48932

(C) The department may expand eligibility for ~~medical~~	48933
~~assistance~~the medicaid program to include individuals under age	48934
nineteen with family incomes at or below one hundred fifty per	48935
cent of the federal poverty guidelines, except that the	48936
eligibility expansion shall not occur unless the department	48937
receives the approval of the federal government. The department	48938
may implement the eligibility expansion authorized under this	48939
division on any date selected by the department, but not sooner	48940
than January 1, 1998.	48941

(D) In addition to any other authority or requirement to	48942
adopt rules under this chapter, the director may adopt rules in	48943
accordance with section 111.15 of the Revised Code as the director	48944
considers necessary to establish standards, procedures, and other	48945
requirements regarding the provision of medical assistance under	48946
the medicaid program. The rules may establish requirements to be	48947
followed in applying for ~~medical assistance~~medicaid, making	48948
determinations of eligibility for ~~medical assistance~~medicaid, and	48949
verifying eligibility for ~~medical assistance~~medicaid. The rules	48950
may include special conditions as the department determines	48951
appropriate for making applications, determining eligibility, and	48952
verifying eligibility for any medical assistance that the	48953
department may provide under the medicaid program pursuant to	48954
division (C) of this section and section 5111.014 or 5111.019 of	48955
the Revised Code.	48956

Sec. 5111.013. (A) The provision of medical assistance to	48957
pregnant women and young children who are eligible for medical	48958
assistance under division (A)(3) of section 5111.01 of the Revised	48959
Code, but who are not otherwise eligible for medical assistance	48960
under that section, shall be known as the healthy start program.	48961

(B) The department of job and family services shall do all of	48962
the following with regard to the application procedures for the	48963
healthy start program:	48964

(1) Establish a short application form for the program that	48965
requires the applicant to provide no more information than is	48966
necessary for making determinations of eligibility for the healthy	48967
start program, except that the form may require applicants to	48968
provide their social security numbers. The form shall include a	48969
statement, which must be signed by the applicant, indicating that	48970
she does not choose at the time of making application for the	48971
program to apply for assistance provided under any other program	48972
administered by the department and that she understands that she	48973
is permitted at any other time to apply at the county department	48974
of job and family services of the county in which she resides for	48975
any other assistance administered by the department.	48976

(2) To the extent permitted by federal law, do one or both of	48977
the following:	48978

(a) Distribute, consistent with section 5111.0120 of the	48979
Revised Code, the application form for the program to each public	48980
or private entity that serves as a women, infants, and children	48981
clinic or as a child and family health clinic and to each	48982
administrative body for such clinics and train employees of each	48983
such agency or entity to provide applicants assistance in	48984
completing the form;	48985

(b) In cooperation with the department of health, develop	48986
arrangements under which employees of county departments of job	48987
and family services are stationed at public or private agencies or	48988
entities selected by the department of job and family services	48989
that serve as women, infants, and children clinics; child and	48990
family health clinics; or administrative bodies for such clinics	48991
for the purpose both of assisting applicants for the program in	48992
completing the application form and of making determinations at	48993
that location of eligibility for the program.	48994

(3) Establish performance standards by which a county	48995
department of job and family services' level of enrollment of	48996
persons potentially eligible for the program can be measured, and	48997
establish acceptable levels of enrollment for each county	48998
department.	48999

(4) Direct any county department of job and family services	49000
whose rate of enrollment of potentially eligible enrollees in the	49001
program is below acceptable levels established under division	49002
(B)(3) of this section to implement corrective action. Corrective	49003
action may include but is not limited to any one or more of the	49004
following to the extent permitted by federal law:	49005

(a) Establishing formal referral and outreach methods with	49006
local health departments and local entities receiving funding	49007
through the bureau of maternal and child health;	49008

(b) Designating a specialized intake unit within the county	49009
department for healthy start applicants;	49010

(c) Establishing abbreviated timeliness requirements to	49011
shorten the time between receipt of an application and the	49012
scheduling of an initial application interview;	49013

(d) Establishing a system for telephone scheduling of intake	49014
interviews for applicants;	49015

(e) Establishing procedures to minimize the time an applicant	49016
must spend in completing the application and eligibility	49017
determination process, including permitting applicants to complete	49018
the process at times other than the regular business hours of the	49019
county department and at locations other than the offices of the	49020
county department.	49021

(C) To the extent permitted by federal law, local funds,	49022
whether from public or private sources, expended by a county	49023
department for administration of the healthy start program shall	49024
be considered to have been expended by the state for the purpose	49025
of determining the extent to which the state has complied with any	49026
federal requirement that the state provide funds to match federal	49027
funds for medical assistance, except that this division shall not	49028
affect the amount of funds the county is entitled to receive under	49029
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	49030

(D) The director of job and family services shall do one or	49031
both of the following:	49032

(1) To the extent that federal funds are provided for such	49033
assistance, adopt a plan for granting presumptive eligibility for	49034
pregnant women applying for healthy start;	49035

(2) To the extent permitted by federal medicaid regulations,	49036
adopt a plan for making same-day determinations of eligibility for	49037
pregnant women applying for healthy start.	49038

(E) A county department of job and family services that	49039
maintains offices at more than one location shall accept	49040
applications for the healthy start program at all of those	49041
locations.	49042

(F) The director of job and family services shall adopt rules	49043
in accordance with section 111.15 of the Revised Code as necessary	49044
to implement this section.	49045

Sec. 5111.014. (A) The director of job and family services	49046
shall submit to the United States secretary of health and human	49047
services an amendment to the state medicaid plan to make an	49048
individual who meets all of the following requirements eligible	49049
for medicaid:	49050

(1) The individual is pregnant;

49051

(2) The individual's family income does not exceed ~~one~~two	49052
hundred ~~fifty~~ per cent of the federal poverty guidelines;	49053

(3) The individual satisfies all relevant requirements	49054
established by rules adopted under division (D) of section 5111.01	49055
of the Revised Code.	49056

(B) If approved by the United States secretary of health and	49057
human services, the director of job and family services shall	49058
implement the medicaid plan amendment submitted under division (A)	49059
of this section as soon as possible after receipt of notice of the	49060
approval, but not sooner than January 1, ~~2000~~2008.	49061

Sec. 5111.016. (A) As used in this section, "healthcheck" has	49062
the same meaning as in section 3313.714 of the Revised Code.	49063

(B) ~~In accordance with federal law and regulations, the~~The	49064
department of job and family services shall ~~establish~~adopt rules	49065
in accordance with Chapter 119. of the Revised Code establishing a	49066
combination of written and oral methods designed to provide	49067
information about healthcheck to all persons eligible for the	49068
program or their parents or guardians. The department shall ensure	49069
that its methods of providing information are effective. The	49070
methods shall comply with federal law and regulations.	49071

Each county department of job and family services or other	49072
entity that distributes or accepts applications for medical	49073
assistance shall prominently display in a ~~conspicuous place the~~	49074
~~following~~ notice:	49075

~~"Under state and federal law, if you are a Medicaid~~	49076
~~recipient, your child is entitled to a thorough medical~~	49077
~~examination provided through Healthcheck. Once this examination is~~	49078
~~completed, your child is entitled to receive, at no cost to you,~~	49079
~~any service determined to be medically necessary."~~that complies	49080
with the rules adopted under this division.	49081

Sec. 5111.017. (A) To the extent permitted by federal law,	49082
and beginning July 1, 2009, county departments of job and family	49083
services that accept documents related to applications for the	49084
medicaid program shall convert such documents to an electronic	49085
format and store them electronically.	49086

(B) The director of job and family services shall adopt rules	49087
in accordance with Chapter 119. of the Revised Code, as necessary,	49088
to implement this section. At a minimum, the director shall adopt	49089
rules to address both of the following:	49090

(1) The manner in which the copies of the documents that are	49091
not electronic copies must be disposed of. The manner specified	49092
must not compromise the confidentiality of the information	49093
contained in the documents.	49094

(2) The measures county departments must take to maintain the	49095
confidentiality of the information contained in the documents that	49096
are stored electronically.	49097

(C) Not later than the thirtieth day of June each year, each	49098
county department shall calculate the total expenses the county	49099
incurred in the state fiscal year ending in the previous calendar	49100
year to comply with the requirements in this section.	49101

Sec. 5111.019. ~~(A)~~ The director of job and family services	49102
shall submit to the United States secretary of health and human	49103
services an amendment to the state medicaid plan to make an	49104
individual eligible for medicaid who meets all of the following	49105
requirements ~~eligible for medicaid for the amount of time provided~~	49106
~~by division (B) of this section~~:	49107

~~(1)~~(A) The individual is the parent of a child under nineteen	49108
years of age and resides with the child;	49109

~~(2)~~(B) The individual's family income does not exceed	49110
ninety per cent of the federal poverty guidelines;	49111

~~(3)~~(C) The individual is not otherwise eligible for medicaid;

49112

~~(4)~~(D) The individual satisfies all relevant requirements	49113
established by rules adopted under division (D) of section 5111.01	49114
of the Revised Code.	49115

~~(B) An individual is eligible to receive medicaid under this~~	49116
~~section for a period that does not exceed two years beginning on~~	49117
~~the date on which eligibility is established.~~	49118

Sec. 5111.0111. (A) The director of job and family services	49119
~~may~~shall submit to the United States secretary of health and	49120
human services an amendment to the state medicaid plan to	49121
implement 42 U.S.C. 1396a (a)(10)(A)(ii)(XVII) to make an	49122
individual ~~receiving~~who meets all of the following requirements	49123
eligible for medicaid:	49124

(1) The individual is under twenty-one years of age;

49125

(2) The individual was in foster care under the	49126
responsibility of the state on the individual's eighteenth	49127
birthday;	49128

(3) Foster care maintenance payments or independent living	49129
services ~~pursuant to sections 2151.81 to 2151.84 of the Revised~~	49130
~~Code eligible for medicaid~~were furnished under a program funded	49131
under Title IV-E of the Social Security Act of 1935 on the	49132
individual's behalf before the individual attained eighteen years	49133
of age;	49134

(4) The individual meets all other applicable eligibility	49135
requirements established in rules adopted under section 5111.011	49136
of the Revised Code. If	49137

(B) If approved by the United States secretary of health and	49138
human services, the director of job and family services shall	49139
implement the medicaid plan amendment submitted under this section	49140
beginning January 1, 2008.	49141

Sec. 5111.0112. (A) ~~Not later than July 1, 2006, the~~The	49142
director of job and family services shall institute a ~~copayment~~	49143
cost-sharing program under the medicaid program. ~~To the extent~~	49144
~~permitted by federal law, the copayment~~In instituting the	49145
cost-sharing program, the director shall comply with federal law.	49146
In the case of an individual participating in the children's	49147
buy-in program established under sections 5101.5211 to	49148
5101.5216 of the Revised Code, the cost-sharing program shall be	49149
consistent with sections 5101.5213 and 5101.5214 of the Revised	49150
Code if the children's buy-in program is a component of the	49151
medicaid program. The cost-sharing program shall establish a	49152
copayment requirement for ~~only~~at least dental services, vision	49153
services, nonemergency emergency department services, and	49154
prescription drugs, other than generic drugs. The cost-sharing	49155
program shall establish requirements regarding premiums,	49156
enrollment fees, deductions, and similar charges. The director	49157
shall adopt rules under section 5111.02 of the Revised Code	49158
governing the ~~copayment~~cost-sharing program.	49159

(B) The ~~copayment~~cost-sharing program shall, to the extent	49160
permitted by federal law, provide for all of the following with	49161
regard to any providers participating in the medicaid program:	49162

(1) No provider shall refuse to provide a service to a	49163
medicaid recipient who is unable to pay a required copayment for	49164
the service.	49165

(2) Division (B)(1) of this section shall not be considered	49166
to do either of the following with regard to a medicaid recipient	49167
who is unable to pay a required copayment:	49168

(a) Relieve the medicaid recipient from the obligation to pay	49169
a copayment;	49170

(b) Prohibit the provider from attempting to collect an	49171
unpaid copayment.	49172

(3) Except as provided in division (C) of this section, no	49173
provider shall waive a medicaid recipient's obligation to pay the	49174
provider a copayment.	49175

(4) No provider or drug manufacturer, including the	49176
manufacturer's representative, employee, independent contractor,	49177
or agent, shall pay any copayment on behalf of a medicaid	49178
recipient.	49179

(5) If it is the routine business practice of the provider to	49180
refuse service to any individual who owes an outstanding debt to	49181
the provider, the provider may consider an unpaid copayment	49182
imposed by the ~~copayment~~cost-sharing program as an outstanding	49183
debt and may refuse service to a medicaid recipient who owes the	49184
provider an outstanding debt. If the provider intends to refuse	49185
service to a medicaid recipient who owes the provider an	49186
outstanding debt, the provider shall notify the individual of the	49187
provider's intent to refuse services.	49188

(C) In the case of a provider that is a hospital, the	49189
~~copayment~~cost-sharing program shall permit the hospital to take	49190
action to collect a copayment by providing, at the time services	49191
are rendered to a medicaid recipient, notice that a copayment may	49192
be owed. If the hospital provides the notice and chooses not to	49193
take any further action to pursue collection of the copayment, the	49194
prohibition against waiving copayments specified in division	49195
(B)(3) of this section does not apply.	49196

(D) The department of job and family services may work with a	49197
state agency that is administering, pursuant to a contract entered	49198
into under section 5111.91 of the Revised Code, one or more	49199
components of the medicaid program or one or more aspects of a	49200
component as necessary for the state agency to apply the	49201
cost-sharing program to the components or aspects of the medicaid	49202
program that the state agency administers.	49203

Sec. 5111.0120. To the extent permitted by federal law, and	49204
beginning July 1, 2009, applications for the medicaid program	49205
shall be submitted through the internet or by other electronic	49206
means.	49207

The director of job and family services shall adopt rules	49208
under Chapter 119. of the Revised Code, as necessary, to implement	49209
this section. At a minimum, the director must adopt rules that	49210
specify measures county departments of job and family services	49211
must take to ensure that the applications can be transmitted and	49212
received in a manner that maintains the confidentiality of	49213
information contained in them.	49214

Sec. 5111.023. (A) As used in this section:

49215

(1) "Community mental health facility" means a community	49216
mental health facility that has a quality assurance program	49217
accredited by the joint commission on accreditation of healthcare	49218
organizations or is certified by the department of mental health	49219
or department of job and family services.	49220

(2) "Mental health professional" means a person qualified to	49221
work with mentally ill persons under the standards established by	49222
the director of mental health pursuant to section 5119.611 of the	49223
Revised Code.	49224

(B) The state medicaid plan shall include provision of the	49225
following mental health services when provided by community mental	49226
health facilities:	49227

(1) Outpatient mental health services, including, but not	49228
limited to, preventive, diagnostic, therapeutic, rehabilitative,	49229
and palliative interventions rendered to individuals in an	49230
individual or group setting by a mental health professional in	49231
accordance with a plan of treatment appropriately established,	49232
monitored, and reviewed;	49233

(2) Partial-hospitalization mental health services ~~of three~~	49234
~~to fourteen hours per service day,~~ rendered by persons directly	49235
supervised by a mental health professional;	49236

(3) Unscheduled, emergency mental health services of a kind	49237
ordinarily provided to persons in crisis when rendered by persons	49238
supervised by a mental health professional;	49239

(4) Subject to receipt of federal approval, assertive	49240
community treatment and intensive home-based mental health	49241
services.	49242

(C) The comprehensive annual plan shall certify the	49243
availability of sufficient unencumbered community mental health	49244
state subsidy and local funds to match federal medicaid	49245
reimbursement funds earned by community mental health facilities.	49246

(D) The department of job and family services shall enter	49247
into a separate contract with the department of mental health	49248
under section 5111.91 of the Revised Code with regard to the	49249
component of the medicaid program provided for by this section.	49250

(E) Not later than July 21, 2006, the department of job and	49251
family services shall request federal approval to provide	49252
assertive community treatment and intensive home-based mental	49253
health services under medicaid pursuant to this section.	49254

(F) On receipt of federal approval sought under division (E)	49255
of this section, the director of job and family services shall	49256
adopt rules in accordance with Chapter 119. of the Revised Code	49257
for assertive community treatment and intensive home-based mental	49258
health services provided under medicaid pursuant to this section.	49259
The director shall consult with the department of mental health in	49260
adopting the rules.	49261

Sec. 5111.028. (A) Pursuant to section 5111.02 of the Revised	49262
Code, the director of job and family services shall adopt rules	49263
establishing procedures for the use of time-limited provider	49264
agreements under the medicaid program. Except as provided in	49265
division (E) of this section, all provider agreements shall be	49266
time-limited in accordance with the procedures established in the	49267
rules.	49268

The department of job and family services shall phase-in the	49269
use of time-limited provider agreements pursuant to this section	49270
during a period commencing not later than January 1, 2008, and	49271
ending January 1, 2011.	49272

(B) In the use of time-limited provider agreements pursuant	49273
to this section, all of the following apply:	49274

(1) Each provider agreement shall expire not later than	49275
three years from the effective date of the agreement.	49276

(2) During the phase-in period specified in division (A) of	49277
this section, the department may provide for the conversion of a	49278
provider agreement without a time limit to a provider agreement	49279
with a time limit. The department may take an action to convert	49280
the provider agreement by sending a notice by regular mail to the	49281
address of the provider on record with the department advising the	49282
provider of the conversion.	49283

(3) The department may make the effective date of a provider	49284
agreement retroactive for a period not to exceed one year from the	49285
date of the provider's application for the agreement, as long as	49286
the provider met all medicaid program requirements during that	49287
period.	49288

(C) The rules for use of time-limited provider agreements	49289
pursuant to this section shall include a process for re-enrollment	49290
of providers. All of the following apply to the re-enrollment	49291
process:	49292

(1) The department of job and family services may terminate a	49293
time-limited provider agreement or deny re-enrollment when a	49294
provider fails to file an application for re-enrollment within	49295
the time and in the manner required under the re-enrollment	49296
process.	49297

(2) If a provider files an application for re-enrollment	49298
within the time and in the manner required under the re-enrollment	49299
process, but the provider agreement expires before the department	49300
acts on the application or before the effective date of the	49301
department's decision on the application, the provider may	49302
continue operating under the terms of the expired provider	49303
agreement until the effective date of the department's decision.	49304

(3) A decision by the department to approve an application	49305
for re-enrollment becomes effective on the date of the	49306
department's decision. A decision by the department to deny	49307
re-enrollment shall take effect not sooner than thirty days after	49308
the date the department mails written notice of the decision to	49309
the provider. The department shall specify in the notice the date	49310
on which the provider is required to cease operating under the	49311
provider agreement.	49312

(D) Pursuant to section 5111.06 of the Revised Code, the	49313
department is not required to take the actions specified in	49314
division (C)(1) of this section by issuing an order pursuant to an	49315
adjudication conducted in accordance with Chapter 119. of the	49316
Revised Code.	49317

(E) The use of time-limited provider agreements pursuant to	49318
this section does not apply to provider agreements issued to the	49319
following, including any provider agreements issued to the	49320
following that are otherwise time-limited under the medicaid	49321
program:	49322

(1) A managed care organization under contract with the	49323
department pursuant to section 5111.17 of the Revised Code;	49324

(2) A nursing facility, as defined in section 5111.20 of the	49325
Revised Code;	49326

(3) An intermediate care facility for the mentally retarded,	49327
as defined in section 5111.20 of the Revised Code.	49328

Sec. 5111.029. The medicaid program shall cover occupational	49329
therapy services provided by an occupational therapist licensed	49330
under section 4755.08 of the Revised Code. Coverage shall not be	49331
limited to services provided in a hospital or nursing facility.	49332
Any licensed occupational therapist may enter into a medicaid	49333
provider agreement with the department of job and family services	49334
to provide occupational therapy services under the medicaid	49335
program.	49336

Sec. 5111.03. (A) No provider of services or goods	49337
contracting with the department of job and family services	49338
pursuant to the medicaid program shall, by deception, obtain or	49339
attempt to obtain payments under this chapter to which the	49340
provider is not entitled pursuant to the provider agreement, or	49341
the rules of the federal government or the department of job and	49342
family services relating to the program. No provider shall	49343
willfully receive payments to which the provider is not entitled,	49344
or willfully receive payments in a greater amount than that to	49345
which the provider is entitled; nor shall any provider falsify any	49346
report or document required by state or federal law, rule, or	49347
provider agreement relating to medicaid payments. As used in this	49348
section, a provider engages in "deception" when the provider,	49349
acting with actual knowledge of the representation or information	49350
involved, acting in deliberate ignorance of the truth or falsity	49351
of the representation or information involved, or acting in	49352
reckless disregard of the truth or falsity of the representation	49353
or information involved, deceives another or causes another to be	49354
deceived by any false or misleading representation, by withholding	49355
information, by preventing another from acquiring information, or	49356
by any other conduct, act, or omission that creates, confirms, or	49357
perpetuates a false impression in another, including a false	49358
impression as to law, value, state of mind, or other objective or	49359
subjective fact. No proof of specific intent to defraud is	49360
required to show, for purposes of this section, that a provider	49361
has engaged in deception.	49362

(B) Any provider who violates division (A) of this section	49363
shall be liable, in addition to any other penalties provided by	49364
law, for all of the following civil penalties:	49365

(1) Payment of interest on the amount of the excess payments	49366
at the maximum interest rate allowable for real estate mortgages	49367
under section 1343.01 of the Revised Code on the date the payment	49368
was made to the provider for the period from the date upon which	49369
payment was made, to the date upon which repayment is made to the	49370
state;	49371

(2) Payment of an amount equal to three times the amount of	49372
any excess payments;	49373

(3) Payment of a sum of not less than five thousand dollars	49374
and not more than ten thousand dollars for each deceptive claim or	49375
falsification;	49376

(4) All reasonable expenses which the court determines have	49377
been necessarily incurred by the state in the enforcement of this	49378
section.	49379

(C) As used in this division, "intermediate care facility for	49380
the mentally retarded" and "nursing facility" have the same	49381
meanings given in section 5111.20 of the Revised Code.	49382

In addition to the civil penalties provided in division (B)	49383
of this section, the director of job and family services, upon the	49384
conviction of, or the entry of a judgment in either a criminal or	49385
civil action against, a medicaid provider or its owner, officer,	49386
authorized agent, associate, manager, or employee in an action	49387
brought pursuant to section 109.85 of the Revised Code, shall	49388
terminate the provider agreement between the department and the	49389
provider and stop reimbursement to the provider for services	49390
rendered ~~for a period of up to five years~~ from the date of	49391
conviction or entry of judgment. As used in this ~~chapter~~division,	49392
"owner" means any person having at least five per cent ownership	49393
in the medicaid provider. No such provider, owner, officer,	49394
authorized agent, associate, manager, or employee shall own or	49395
provide services to any other medicaid provider or risk contractor	49396
or arrange for, render, or order services for medicaid recipients	49397
~~during the period of termination as provided in division (C) of~~	49398
~~this section~~, nor~~, during the period of termination as provided in~~	49399
~~division (C) of this section,~~ shall such provider, owner, officer,	49400
authorized agent, associate, manager, or employee receive	49401
reimbursement in the form of direct payments from the department	49402
or indirect payments of medicaid funds in the form of salary,	49403
shared fees, contracts, kickbacks, or rebates from or through any	49404
participating provider or risk contractor. The provider agreement	49405
shall not be terminated or reimbursement terminated if the	49406
provider or owner can demonstrate that the provider or owner did	49407
not directly or indirectly sanction the action of its authorized	49408
agent, associate, manager, or employee that resulted in the	49409
conviction or entry of a judgment in a criminal or civil action	49410
brought pursuant to section 109.85 of the Revised Code. Nothing in	49411
this division prohibits any owner, officer, authorized agent,	49412
associate, manager, or employee of a medicaid provider from	49413
entering into a medicaid provider agreement if the person can	49414
demonstrate that the person had no knowledge of an action of the	49415
medicaid provider the person was formerly associated with that	49416
resulted in the conviction or entry of a judgment in a criminal or	49417
civil action brought pursuant to section 109.85 of the Revised	49418
Code.	49419

Nursing facility or intermediate care facility for the	49420
mentally retarded providers whose agreements are terminated	49421
pursuant to this section may continue to receive reimbursement for	49422
up to thirty days after the effective date of the termination if	49423
the provider makes reasonable efforts to transfer recipients to	49424
another facility or to alternate care and if federal funds are	49425
provided for such reimbursement.	49426

(D) For any reason permitted or required by federal law, the	49427
director of job and family services may deny a provider agreement	49428
or terminate a provider agreement.	49429

For any reason permitted or required by federal law, the	49430
director may exclude an individual, provider of services or goods,	49431
or other entity from participation in the medicaid program. No	49432
individual, provider, or entity excluded under this division shall	49433
own or provide services to any other medicaid provider or risk	49434
contractor or arrange for, render, or order services for medicaid	49435
recipients during the period of exclusion, nor, during the period	49436
of exclusion, shall such individual, provider, or entity receive	49437
reimbursement in the form of direct payments from the department	49438
or indirect payments of medicaid funds in the form of salary,	49439
shared fees, contracts, kickbacks, or rebates from or through any	49440
participating provider or risk contractor. An excluded individual,	49441
provider, or entity may request a reconsideration of the	49442
exclusion. The director shall adopt rules in accordance with	49443
Chapter 119. of the Revised Code governing the process for	49444
requesting a reconsideration.	49445

Nothing in this division limits the applicability of section	49446
5111.06 of the Revised Code to a medicaid provider.	49447

(E) Any provider of services or goods contracting with the	49448
department of job and family services pursuant to Title XIX of the	49449
"Social Security Act," who, without intent, obtains payments under	49450
this chapter in excess of the amount to which the provider is	49451
entitled, thereby becomes liable for payment of interest on the	49452
amount of the excess payments at the maximum real estate mortgage	49453
rate on the date the payment was made to the provider for the	49454
period from the date upon which payment was made to the date upon	49455
which repayment is made to the state.	49456

~~(E)~~(F) The attorney general on behalf of the state may	49457
commence proceedings to enforce this section in any court of	49458
competent jurisdiction; and the attorney general may settle or	49459
compromise any case brought under this section with the approval	49460
of the department of job and family services. Notwithstanding any	49461
other provision of law providing a shorter period of limitations,	49462
the attorney general may commence a proceeding to enforce this	49463
section at any time within six years after the conduct in	49464
violation of this section terminates.	49465

~~(F)~~(G) The authority, under state and federal law, of the	49466
department of job and family services or a county department of	49467
job and family services to recover excess payments made to a	49468
provider is not limited by the availability of remedies under	49469
sections 5111.11 and 5111.12 of the Revised Code for recovering	49470
benefits paid on behalf of recipients of medical assistance.	49471

The penalties under this chapter apply to any overpayment,	49472
billing, or falsification occurring on and after April 24, 1978.	49473
All moneys collected by the state pursuant to this section shall	49474
be deposited in the state treasury to the credit of the general	49475
revenue fund.	49476

Sec. 5111.031. (A) As used in this section:

49477

(1) "Independent provider" has the same meaning as in section	49478
5111.034 of the Revised Code.	49479

(2) "Intermediate care facility for the mentally retarded"	49480
and "nursing facility" have the same meanings as in section	49481
5111.20 of the Revised Code.	49482

(3) "Noninstitutional medicaid provider" means any person or	49483
entity with a medicaid provider agreement other than a hospital,	49484
nursing facility, or intermediate care facility for the mentally	49485
retarded.	49486

(4) "Owner" means any person having at least five per cent	49487
ownership in a noninstitutional medicaid provider.	49488

(B) Notwithstanding any provision of this chapter to the	49489
contrary, the department of job and family services shall take	49490
action under this section against a noninstitutional medicaid	49491
provider or its owner, officer, authorized agent, associate,	49492
manager, or employee.	49493

(C) Except as provided in division (D) of this section and in	49494
rules adopted by the department under division (H) of this	49495
section, on receiving notice and a copy of an indictment that is	49496
issued on or after the effective date of this section and charges	49497
a noninstitutional medicaid provider or its owner, officer,	49498
authorized agent, associate, manager, or employee with committing	49499
an offense specified in division (E) of this section, the	49500
department shall suspend the provider agreement held by the	49501
noninstitutional medicaid provider. Subject to division (D) of	49502
this section, the department shall also terminate medicaid	49503
reimbursement to the provider for services rendered.	49504

The suspension shall continue in effect until the proceedings	49505
in the criminal case are completed through conviction, dismissal	49506
of the indictment, plea, or finding of not guilty. If the	49507
department commences a process to terminate the suspended provider	49508
agreement, the suspension shall continue in effect until the	49509
termination process is concluded. Pursuant to section 5111.06 of	49510
the Revised Code, the department is not required to take action	49511
under this division by issuing an order pursuant to an	49512
adjudication conducted in accordance with Chapter 119. of the	49513
Revised Code.	49514

When subject to a suspension under this division, a provider,	49515
owner, officer, authorized agent, associate, manager, or employee	49516
shall not own or provide services to any other medicaid provider	49517
or risk contractor or arrange for, render, or order services for	49518
medicaid recipients during the period of suspension. During the	49519
period of suspension, the provider, owner, officer, authorized	49520
agent, associate, manager, or employee shall not receive	49521
reimbursement in the form of direct payments from the department	49522
or indirect payments of medicaid funds in the form of salary,	49523
shared fees, contracts, kickbacks, or rebates from or through any	49524
participating provider or risk contractor.	49525

(D)(1) The department shall not suspend a provider agreement	49526
or terminate medicaid reimbursement under division (C) of this	49527
section if the provider or owner can demonstrate that the provider	49528
or owner did not directly or indirectly sanction the action of its	49529
authorized agent, associate, manager, or employee that resulted in	49530
the indictment.	49531

(2) The termination of medicaid reimbursement applies only to	49532
payments for medicaid services rendered subsequent to the date on	49533
which the notice required under division (F) of this section is	49534
sent. Claims for reimbursement for medicaid services rendered by	49535
the provider prior to the issuance of the notice may be subject to	49536
prepayment review procedures whereby the department reviews claims	49537
to determine whether they are supported by sufficient	49538
documentation, are in compliance with state and federal statutes	49539
and rules, and are otherwise complete.	49540

(E)(1) In the case of a noninstitutional medicaid provider	49541
that is not an independent provider, the suspension of a provider	49542
agreement under division (C) of this section applies when an	49543
indictment charges a person with committing an act that would be a	49544
felony or misdemeanor under the laws of this state and the act	49545
relates to or results from either of the following:	49546

(a) Furnishing or billing for medical care, services, or	49547
supplies under the medicaid program;	49548

(b) Participating in the performance of management or	49549
administrative services relating to furnishing medical care,	49550
services, or supplies under the medicaid program.	49551

(2) In the case of a noninstitutional medicaid provider that	49552
is an independent provider, the suspension of a provider agreement	49553
under division (C) of this section applies when an indictment	49554
charges a person with committing an act that would constitute one	49555
of the offenses specified in division (D) of section 5111.034 of	49556
the Revised Code.	49557

(F) Not later than five days after suspending a provider	49558
agreement under division (C) of this section, the department shall	49559
send notice of the suspension to the affected provider or owner.	49560
In providing the notice, the department shall do all of the	49561
following:	49562

(1) Describe the indictment that was the cause of the	49563
suspension, without necessarily disclosing specific information	49564
concerning any ongoing civil or criminal investigation;	49565

(2) State that the suspension will continue in effect until	49566
the proceedings in the criminal case are completed through	49567
conviction, dismissal of the indictment, plea, or finding of not	49568
guilty and, if the department commences a process to terminate the	49569
suspended provider agreement, until the termination process is	49570
concluded;	49571

(3) Inform the provider or owner of the opportunity to submit	49572
to the department, not later than thirty days after receiving the	49573
notice, a request for a reconsideration pursuant to division (G)	49574
of this section.	49575

(G)(1) A noninstitutional medicaid provider or owner subject	49576
to a suspension under this section may request a reconsideration.	49577
The request shall be made not later than thirty days after receipt	49578
of the notice provided under division (F) of this section. The	49579
reconsideration is not subject to an adjudication hearing pursuant	49580
to Chapter 119. of the Revised Code.	49581

(2) In requesting a reconsideration, the provider or owner	49582
shall submit written information and documents to the department.	49583
The information and documents may pertain to any of the following	49584
issues:	49585

(a) Whether the determination to suspend the provider	49586
agreement was based on a mistake of fact, other than the validity	49587
of the indictment;	49588

(b) Whether any offense charged in the indictment resulted	49589
from an offense specified in division (E) of this section;	49590

(c) Whether the provider or owner can demonstrate that the	49591
provider or owner did not directly or indirectly sanction the	49592
action of its authorized agent, associate, manager, or employee	49593
that resulted in the indictment.	49594

(3) The department shall review the information and documents	49595
submitted in a request for reconsideration. After the review, the	49596
suspension may be affirmed, reversed, or modified, in whole or in	49597
part. The department shall notify the affected provider or owner	49598
of the results of the review. The review and notification of its	49599
results shall be completed not later than forty-five days after	49600
receiving the information and documents submitted in a request for	49601
reconsideration.	49602

(H) The department may adopt rules in accordance with Chapter	49603
119. of the Revised Code to implement this section. The rules may	49604
specify circumstances under which the department would not suspend	49605
a provider agreement pursuant to this section.	49606

Sec. 5111.032. (A) As used in this section:

49607

(1) "Criminal records check" has the same meaning as in	49608
section 109.572 of the Revised Code.	49609

(2) "Department" includes a designee of the department of job	49610
and family services.	49611

(3) "Owner" means a person who has an ownership interest in a	49612
provider in an amount designated by the department of job and	49613
family services in rules adopted under this section.	49614

(4) "Provider" means a person, institution, or entity that	49615
has a provider agreement with the department of job and family	49616
services pursuant to Title XIX of the "Social Security Act," 49	49617
State. 620 (1965), 42 U.S.C. 1396, as amended.	49618

(B)(1) Except as provided in division (B)(2) of this section,	49619
the department of job and family services may require that any	49620
provider, applicant to be a provider, employee or prospective	49621
employee of a provider, owner or prospective owner of a provider,	49622
officer or prospective officer of a provider, or board member or	49623
prospective board member of a provider submit to a criminal	49624
records check as a condition of obtaining a provider agreement,	49625
continuing to hold a provider agreement, being employed by a	49626
provider, having an ownership interest in a provider, or being an	49627
officer or board member of a provider. The department may	49628
designate the categories of persons who are subject to the	49629
criminal records check requirement. The department shall designate	49630
the times at which the criminal records checks must be conducted.	49631

(2) The section does not apply to providers, applicants to be	49632
providers, employees of a provider, or prospective employees of a	49633
provider who are subject to criminal records checks under section	49634
5111.033 or 5111.034 of the Revised Code.	49635

(C)(1) The department shall inform each provider or applicant	49636
to be a provider whether the provider or applicant is subject to a	49637
criminal records check requirement under division (B) of this	49638
section. For providers, the information shall be given at times	49639
designated in rules adopted under this section. For applicants to	49640
be providers, the information shall be given at the time of	49641
initial application. When the information is given, the department	49642
shall specify which of the provider's or applicant's employees or	49643
prospective employees, owners or prospective owners, officers or	49644
prospective officers, or board members or prospective board	49645
members are subject to the criminal records check requirement.	49646

(2) At times designated in rules adopted under this section,	49647
a provider that is subject to the criminal records check	49648
requirement shall inform each person specified by the department	49649
under division (C)(1) of this section that the person is required,	49650
as applicable, to submit to a criminal records check for final	49651
consideration for employment in a full-time, part-time, or	49652
temporary position; as a condition of continued employment; or as	49653
a condition of becoming or continuing to be an officer, board	49654
member or owner of a provider.	49655

(D)(1) If a provider or applicant to be a provider is subject	49656
to a criminal records check under this section, the department	49657
shall require the conduct of a criminal records check by the	49658
superintendent of the bureau of criminal identification and	49659
investigation. If a provider or applicant to be a provider for	49660
whom a criminal records check is required does not present proof	49661
of having been a resident of this state for the five-year period	49662
immediately prior to the date the criminal records check is	49663
requested or provide evidence that within that five-year period	49664
the superintendent has requested information about the individual	49665
from the federal bureau of investigation in a criminal records	49666
check, the department shall require the provider or applicant to	49667
request that the superintendent obtain information from the	49668
federal bureau of investigation as part of the criminal records	49669
check of the provider or applicant. Even if a provider or	49670
applicant for whom a criminal records check request is required	49671
presents proof of having been a resident of this state for the	49672
five-year period, the department may require that the provider or	49673
applicant request that the superintendent obtain information from	49674
the federal bureau of investigation and include it in the criminal	49675
records check of the provider or applicant.	49676

(2) A provider shall require the conduct of a criminal	49677
records check by the superintendent with respect to each of the	49678
persons specified by the department under division (C)(1) of this	49679
section. If the person for whom a criminal records check is	49680
required does not present proof of having been a resident of this	49681
state for the five-year period immediately prior to the date the	49682
criminal records check is requested or provide evidence that	49683
within that five-year period the superintendent of the bureau of	49684
criminal identification and investigation has requested	49685
information about the individual from the federal bureau of	49686
investigation in a criminal records check, the individual shall	49687
request that the superintendent obtain information from the	49688
federal bureau of investigation as part of the criminal records	49689
check of the individual. Even if an individual for whom a criminal	49690
records check request is required presents proof of having been a	49691
resident of this state for the five-year period, the department	49692
may require the provider to request that the superintendent obtain	49693
information from the federal bureau of investigation and include	49694
it in the criminal records check of the person.	49695

(E)(1) Criminal records checks required under this section	49696
for providers or applicants to be providers shall be obtained as	49697
follows:	49698

(a) The department shall provide each provider or applicant	49699
information about accessing and completing the form prescribed	49700
pursuant to division (C)(1) of section 109.572 of the Revised Code	49701
and the standard fingerprint impression sheet prescribed pursuant	49702
to division (C)(2) of that section.	49703

(b) The provider or applicant shall submit the required form	49704
and one complete set of fingerprint impressions directly to the	49705
superintendent for purposes of conducting the criminal records	49706
check using the applicable methods prescribed by division (C) of	49707
section 109.572 of the Revised Code. The applicant or provider	49708
shall pay all fees associated with obtaining the criminal records	49709
check.	49710

(c) The superintendent shall conduct the criminal records	49711
check in accordance with section 109.572 of the Revised Code. The	49712
provider or applicant shall instruct the superintendent to submit	49713
the report of the criminal records check directly to the director	49714
of job and family services.	49715

(2) Criminal records checks required under this section for	49716
persons specified by the department under division (C)(1) of this	49717
section shall be obtained as follows:	49718

(a) The provider shall give to each person subject to	49719
criminal records check requirement information about accessing and	49720
completing the form prescribed pursuant to division (C)(1) of	49721
section 109.572 of the Revised Code and the standard fingerprint	49722
impression sheet prescribed pursuant to division (C)(2) of that	49723
section.	49724

(b) The person shall submit the required form and one	49725
complete set of fingerprint impressions directly to the	49726
superintendent for purposes of conducting the criminal records	49727
check using the applicable methods prescribed by division (C) of	49728
section 109.572 of the Revised Code. The person shall pay all fees	49729
associated with obtaining the criminal records check.	49730

(c) The superintendent shall conduct the criminal records	49731
check in accordance with section 109.572 of the Revised Code. The	49732
person subject to the criminal records check shall instruct the	49733
superintendent to submit the report of the criminal records check	49734
directly to the provider. The department may require the provider	49735
to submit the report to the department.	49736

(F) If a provider or applicant to be a provider is given the	49737
information specified in division (E)(1)(a) of this section but	49738
fails to obtain a criminal records check, the department shall, as	49739
applicable, terminate the provider agreement or deny the	49740
application to be a provider.	49741

If a person is given the information specified in division	49742
(E)(2)(a) of this section but fails to obtain a criminal records	49743
check, the provider shall not, as applicable, permit the person to	49744
be an employee, owner, officer, or board member of the provider.	49745

(G) Except as provided in rules adopted under division (J) of	49746
this section, the department shall terminate the provider	49747
agreement of a provider or the department shall not issue a	49748
provider agreement to an applicant if the provider or applicant is	49749
subject to a criminal records check under this section and the	49750
provider or applicant has been convicted of, has pleaded guilty	49751
to, or has been found eligible for intervention in lieu of	49752
conviction for any of the following:	49753

(1) A violation of section 2903.01, 2903.02, 2903.03,	49754
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	49755
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	49756
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	49757
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	49758
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	49759
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	49760
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	49761
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	49762
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	49763
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	49764
3716.11 of the Revised Code, felonious sexual penetration in	49765
violation of former section 2907.12 of the Revised Code, a	49766
violation of section 2905.04 of the Revised Code as it existed	49767
prior to July 1, 1996, a violation of section 2919.23 of the	49768
Revised Code that would have been a violation of section 2905.04	49769
of the Revised Code as it existed prior to July 1, 1996, had the	49770
violation been committed prior to that date;	49771

(2) An existing or former law of this state, any other state,	49772
or the United States that is substantially equivalent to any of	49773
the offenses listed in division (D)(1) of this section.	49774

(H)(1)(a) Except as provided in rules adopted under division	49775
(J) of this section and subject to division (H)(2) of this	49776
section, no provider shall permit a person to be an employee,	49777
owner, officer, or board member of the provider if the person is	49778
subject to a criminal records check under this section and the	49779
person has been convicted of, has pleaded guilty to, or has been	49780
found eligible for intervention in lieu of conviction for any of	49781
the offenses specified in division (G)(1) or (2) of this section.	49782

(b) No provider shall employ a person who has been excluded	49783
from participating in the medicaid program, the medicare program	49784
operated pursuant to Title XVIII of the "Social Security Act," or	49785
any other federal health care program.	49786

(2)(a) A provider may employ conditionally a person for whom	49787
a criminal records check is required under this section prior to	49788
obtaining the results of a criminal records check regarding the	49789
person, but only if the person submits a request for a criminal	49790
records check not later than five business days after the	49791
individual begins conditional employment.	49792

(b) A provider that employs a person conditionally under	49793
authority of division (H)(2)(a) of this section shall terminate	49794
the person's employment if the results of the criminal records	49795
check request are not obtained within the period ending sixty days	49796
after the date the request is made. Regardless of when the results	49797
of the criminal records check are obtained, if the results	49798
indicate that the individual has been convicted of, has pleaded	49799
guilty to, or has been found eligible for intervention in lieu of	49800
conviction for any of the offenses specified in division (G)(1) or	49801
(2) of this section, the provider shall terminate the person's	49802
employment unless the provider chooses to employ the individual	49803
pursuant to division (J) of this section.	49804

(I) The report of a criminal records check conducted pursuant	49805
to this section is not a public record for the purposes of section	49806
149.43 of the Revised Code and shall not be made available to any	49807
person other than the following:	49808

(1) The person who is the subject of the criminal records	49809
check or the person's representative;	49810

(2) The director of job and family services and the staff of	49811
the department in the administration of the medicaid program;	49812

(3) A court, hearing officer, or other necessary individual	49813
involved in a case dealing with the denial or termination of a	49814
provider agreement;	49815

(4) A court, hearing officer, or other necessary individual	49816
involved in a case dealing with a person's denial of employment,	49817
termination of employment, or employment or unemployment benefits.	49818

(J) The department may adopt rules in accordance with Chapter	49819
119. of the Revised Code to implement this section. The rules may	49820
specify circumstances under which the department may continue a	49821
provider agreement or issue a provider agreement to an applicant	49822
when the provider or applicant has been convicted of, has pleaded	49823
guilty to, or has been found eligible for intervention in lieu of	49824
conviction for any of the offenses specified in division (G)(1) or	49825
(2) of this section. The rules may also specify circumstances	49826
under which a provider may permit a person to be an employee,	49827
owner, officer, or board member of the provider, when the person	49828
has been convicted of, has pleaded guilty to, or has been found	49829
eligible for intervention in lieu of conviction for any of the	49830
offenses specified in division (G)(1) or (2) of this section.	49831

~~Sec. 5111.95.~~ Sec. 5111.033. (A) As used in this section:

49832

(1) "Applicant" means a person who is under final	49833
consideration for employment or, after ~~the effective date of this~~	49834
~~section~~September 26, 2003, an existing employee with a waiver	49835
agency in a full-time, part-time, or temporary position that	49836
involves providing home and community-based waiver services to a	49837
person with disabilities. "Applicant" also means an existing	49838
employee with a waiver agency in a full-time, part-time, or	49839
temporary position that involves providing home and	49840
community-based waiver services to a person with disabilities	49841
after ~~the effective date of this section~~September 26, 2003.	49842

(2) "Criminal records check" has the same meaning as in	49843
section 109.572 of the Revised Code.	49844

(3) "Waiver agency" means a person or government entity that	49845
is not certified under the medicare program and is accredited by	49846
the community health accreditation program or the joint commission	49847
on accreditation of health care organizations or a company that	49848
provides home and community-based waiver services to persons with	49849
disabilities through department of job and family services	49850
administered home and community-based waiver programs.	49851

(4) "Home and community-based waiver services" means services	49852
furnished under the provision of 42 C.F.R. 441, subpart G, that	49853
permit individuals to live in a home setting rather than a nursing	49854
facility or hospital. Home and community-based waiver services are	49855
approved by the centers for medicare and medicaid for specific	49856
populations and are not otherwise available under the medicaid	49857
state plan.	49858

(B)(1) The chief administrator of a waiver agency shall	49859
require each applicant to request that the superintendent of the	49860
bureau of criminal identification and investigation conduct a	49861
criminal records check with respect to ~~each~~the applicant. If an	49862
applicant for whom a criminal records check request is required	49863
under this division does not present proof of having been a	49864
resident of this state for the five-year period immediately prior	49865
to the date the criminal records check is requested or provide	49866
evidence that within that five-year period the superintendent has	49867
requested information about the applicant from the federal bureau	49868
of investigation in a criminal records check, the chief	49869
administrator shall require the applicant to request that the	49870
superintendent obtain information from the federal bureau of	49871
investigation as part of the criminal records check of the	49872
applicant. Even if an applicant for whom a criminal records check	49873
request is required under this division presents proof of having	49874
been a resident of this state for the five-year period, the chief	49875
administrator may require the applicant to request that the	49876
superintendent include information from the federal bureau of	49877
investigation in the criminal records check.	49878

(2) ~~A person required by division (B)(1) of this section to~~	49879
~~request a criminal records check~~The chief administrator shall do	49880
~~both of~~provide the following:	49881

~~(a) Provide~~ to each applicant for whom a criminal records	49882
check request is required under division (B)(1) of this section a	49883
~~copy of~~:	49884

(a) Information about accessing, completing, and forwarding	49885
to the superintendent of the bureau of criminal identification and	49886
investigation the form prescribed pursuant to division (C)(1) of	49887
section 109.572 of the Revised Code and athe standard fingerprint	49888
impression sheet prescribed pursuant to division (C)(2) of that	49889
section~~, and obtain the completed form and impression sheet from~~	49890
~~the applicant~~;	49891

(b) ~~Forward the completed form and impression sheet to the~~	49892
~~superintendent of the bureau of criminal identification and~~	49893
~~investigation~~Written notification that the applicant is to	49894
instruct the superintendent to submit the completed report of the	49895
criminal records check directly to the chief administrator.	49896

(3) An applicant ~~provided the form and fingerprint impression~~	49897
~~sheet under division (B)(2)(a) of this section who fails to~~	49898
~~complete the form or provide fingerprint impressions~~given	49899
information and notification under divisions (B)(2)(a) and (b) of	49900
this section who fails to access, complete, and forward to the	49901
superintendent the form or the standard fingerprint impression	49902
sheet, or who fails to instruct the superintendent to submit the	49903
completed report of the criminal records check directly to the	49904
chief administrator, shall not be employed in any position in a	49905
waiver agency for which a criminal records check is required by	49906
this section.	49907

(C)(1) Except as provided in rules adopted by the department	49908
of job and family services in accordance with division (F) of this	49909
section and subject to division (C)(2) of this section, no waiver	49910
agency shall employ a person in a position that involves providing	49911
home and community-based waiver services to persons with	49912
disabilities if the person has been convicted of or, has pleaded	49913
guilty to, or has been found eligible for intervention in lieu of	49914
conviction for any of the following:	49915

(a) A violation of section 2903.01, 2903.02, 2903.03,	49916
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	49917
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	49918
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	49919
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	49920
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	49921
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	49922
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	49923
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	49924
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	49925
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	49926
3716.11 of the Revised Code, felonious sexual penetration in	49927
violation of former section 2907.12 of the Revised Code, a	49928
violation of section 2905.04 of the Revised Code as it existed	49929
prior to July 1, 1996, a violation of section 2919.23 of the	49930
Revised Code that would have been a violation of section 2905.04	49931
of the Revised Code as it existed prior to July 1, 1996, had the	49932
violation been committed prior to that date;	49933

(b) An existing or former law of this state, any other state,	49934
or the United States that is substantially equivalent to any of	49935
the offenses listed in division (C)(1)(a) of this section.	49936

(2)(a) A waiver agency may employ conditionally an applicant	49937
for whom a criminal records check request is required under	49938
division (B) of this section prior to obtaining the results of a	49939
criminal records check regarding the individual, provided that the	49940
agency shall require the individual to request a criminal records	49941
check regarding the individual in accordance with division (B)(1)	49942
of this section not later than five business days after the	49943
individual begins conditional employment.	49944

(b) A waiver agency that employs an individual conditionally	49945
under authority of division (C)(2)(a) of this section shall	49946
terminate the individual's employment if the results of the	49947
criminal records check request under division (B) of this section,	49948
other than the results of any request for information from the	49949
federal bureau of investigation, are not obtained within the	49950
period ending sixty days after the date the request is made.	49951
Regardless of when the results of the criminal records check are	49952
obtained, if the results indicate that the individual has been	49953
convicted of or, has pleaded guilty to, or has been found eligible	49954
for intervention in lieu of conviction for any of the offenses	49955
listed or described in division (C)(1) of this section, the agency	49956
shall terminate the individual's employment unless the agency	49957
chooses to employ the individual pursuant to division (F) of this	49958
section.	49959

(D)(1) ~~Each waiver agency shall pay to the bureau of criminal~~	49960
~~identification and investigation the~~The fee prescribed pursuant	49961
to division (C)(3) of section 109.572 of the Revised Code for each	49962
criminal records check conducted pursuant to a request made under	49963
division (B) of this section shall be paid to the bureau of	49964
criminal identification and investigation by the applicant or the	49965
waiver agency.	49966

(2) AIf a waiver agency pays the fee, it may charge anthe	49967
applicant a fee not exceeding the amount the agency pays under	49968
division (D)(1) of this section. An agency may collect a fee only	49969
if the agency notifies the person at the time of initial	49970
application for employment of the amount of the fee and that,	49971
unless the fee is paid, the person will not be considered for	49972
employment.	49973

(E) The report of any criminal records check conducted	49974
pursuant to a request made under this section is not a public	49975
record for the purposes of section 149.43 of the Revised Code and	49976
shall not be made available to any person other than the	49977
following:	49978

(1) The individual who is the subject of the criminal records	49979
check or the individual's representative;	49980

(2) The chief administrator of the agency requesting the	49981
criminal records check or the administrator's representative;	49982

(3) An administrator at the department;

49983

(4) A court, hearing officer, or other necessary individual	49984
involved in a case dealing with a denial of employment of the	49985
applicant or dealing with employment or unemployment benefits of	49986
the applicant.	49987

(F) The department shall adopt rules in accordance with	49988
Chapter 119. of the Revised Code to implement this section. The	49989
rules shall specify circumstances under which a waiver agency may	49990
employ a person who has been convicted of or, has pleaded guilty	49991
to, or has been found eligible for intervention in lieu of	49992
conviction for an offense listed or described in division (C)(1)	49993
of this section ~~but meets personal character standards set by the~~	49994
~~department~~.	49995

(G) The chief administrator of a waiver agency shall inform	49996
each person, at the time of initial application for a position	49997
that involves providing home and community-based waiver services	49998
to a person with a disability, that the person is required to	49999
provide a set of fingerprint impressions and that a criminal	50000
records check is required to be conducted if the person comes	50001
under final consideration for employment.	50002

(H)(1) A person who, on ~~the effective date of this section~~	50003
September 26, 2003, is an employee of a waiver agency in a	50004
full-time, part-time, or temporary position that involves	50005
providing home and community-based waiver services to a person	50006
with disabilities shall comply with this section within sixty days	50007
after ~~the effective date of this section~~September 26, 2003,	50008
unless division (H)(2) of this section applies.	50009

(2) This section shall not apply to a person to whom all of	50010
the following apply:	50011

(a) On ~~the effective date of this section~~September 26, 2003,	50012
the person is an employee of a waiver agency in a full-time,	50013
part-time, or temporary position that involves providing home and	50014
community-based waiver services to a person with disabilities.	50015

(b) The person previously had been the subject of a criminal	50016
background check relating to that position;	50017

(c) The person has been continuously employed in that	50018
position since that criminal background check had been conducted.	50019

~~Sec. 5111.96.~~ Sec. 5111.034. (A) As used in this section:

50020

(1) "Anniversary date" means the later of the effective date	50021
of the provider agreement relating to the independent provider or	50022
sixty days after ~~the effective date of this section~~September 26,	50023
2003.	50024

(2) "Criminal records check" has the same meaning as in	50025
section 109.572 of the Revised Code.	50026

(3) "~~The department~~Department" ~~means~~includes a designee of	50027
the department of job and family services ~~or its designee~~.	50028

(4) "Independent provider" means a person who is submitting	50029
an application for a provider agreement or who has a provider	50030
agreement as an independent provider in a department of job and	50031
family services administered home and community-based services	50032
program providing home and community-based waiver services to	50033
consumers with disabilities.	50034

(5) "Home and community-based waiver services" has the same	50035
meaning as in section ~~5111.95~~5111.033 of the Revised Code.	50036

(B)(1) The department of job and family services shall inform	50037
each independent provider, at the time of initial application for	50038
a provider agreement that involves providing home and	50039
community-based waiver services to consumers with disabilities,	50040
that the independent provider is required to provide a set of	50041
fingerprint impressions and that a criminal records check is	50042
required to be conducted if the person is to become an independent	50043
provider in a department administered home and community-based	50044
waiver program.	50045

(2) Beginning on ~~the effective date of this section~~September	50046
26, 2003, the department shall inform each enrolled medicaid	50047
independent provider on or before time of the anniversary date of	50048
the provider agreement that involves providing home and	50049
community-based waiver services to consumers with disabilities	50050
that the independent provider is required to provide a set of	50051
fingerprint impressions and that a criminal records check is	50052
required to be conducted.	50053

(C)(1) The department shall require the independent provider	50054
to complete a criminal records check prior to entering into a	50055
provider agreement with the independent provider and at least	50056
annually thereafter. If an independent provider for whom a	50057
criminal records check is required under this division does not	50058
present proof of having been a resident of this state for the	50059
five-year period immediately prior to the date the criminal	50060
records check is requested or provide evidence that within that	50061
five-year period the superintendent of the bureau of criminal	50062
identification and investigation has requested information about	50063
the ~~applicant~~independent provider from the federal bureau of	50064
investigation in a criminal records check, the department shall	50065
request that the independent provider obtain through the	50066
superintendent a criminal records request from the federal bureau	50067
of investigation as part of the criminal records check of the	50068
independent provider. Even if an independent provider for whom a	50069
criminal records check request is required under this division	50070
presents proof of having been a resident of this state for the	50071
five-year period, the department may request that the independent	50072
provider obtain information through the superintendent from the	50073
federal bureau of investigation in the criminal records check.	50074

(2) The department shall ~~do both of~~provide the following:

50075

~~(a) Provide information~~ to each independent provider for whom	50076
a criminal records check request is required under division (C)(1)	50077
of this section ~~about requesting a copy of~~:	50078

(a) Information about accessing, completing, and forwarding	50079
to the superintendent of the bureau of criminal identification and	50080
investigation the form prescribed pursuant to division (C)(1) of	50081
section 109.572 of the Revised Code and athe standard fingerprint	50082
impression sheet prescribed pursuant to division (C)(2) of that	50083
section~~, and obtain the completed form and impression sheet and~~	50084
~~fee from the independent provider~~;	50085

(b) ~~Forward the completed form, impression sheet, and fee to~~	50086
~~the superintendent of the bureau of criminal identification and~~	50087
~~investigation~~Written notification that the independent provider	50088
is to instruct the superintendent to submit the completed report	50089
of the criminal records check directly to the department.	50090

(3) An independent provider given information ~~about obtaining~~	50091
~~the form and fingerprint impression sheet under division (C)(2)(a)~~	50092
~~of this section who fails to complete the form or provide~~	50093
~~fingerprint impressions~~and notification under divisions (C)(2)(a)	50094
and (b) of this section who fails to access, complete, and forward	50095
to the superintendent the form or the standard fingerprint	50096
impression sheet, or who fails to instruct the superintendent to	50097
submit the completed report of the criminal records check directly	50098
to the department, shall not be approved as an independent	50099
provider.	50100

(D) Except as provided in rules adopted by the department in	50101
accordance with division (G) of this section, the department shall	50102
not issue a new provider agreement to, and shall terminate an	50103
existing provider agreement of, an independent provider if the	50104
person has been convicted of or, has pleaded guilty to, or has	50105
been found eligible for intervention in lieu of conviction for any	50106
of the following:	50107

(1) A violation of section 2903.01, 2903.02, 2903.03,	50108
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	50109
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	50110
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	50111
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	50112
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	50113
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	50114
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	50115
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	50116
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	50117
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	50118
3716.11 of the Revised Code, felonious sexual penetration in	50119
violation of former section 2907.12 of the Revised Code, a	50120
violation of section 2905.04 of the Revised Code as it existed	50121
prior to July 1, 1996, a violation of section 2919.23 of the	50122
Revised Code that would have been a violation of section 2905.04	50123
of the Revised Code as it existed prior to July 1, 1996, had the	50124
violation been committed prior to that date;	50125

(2) An existing or former law of this state, any other state,	50126
or the United States that is substantially equivalent to any of	50127
the offenses listed in division (D)(1) of this section.	50128

(E) Each independent provider shall pay to the bureau of	50129
criminal identification and investigation the fee prescribed	50130
pursuant to division (C)(3) of section 109.572 of the Revised Code	50131
for each criminal records check conducted pursuant to a request	50132
made under division (C) of this section.	50133

(F) The report of any criminal records check conducted by the	50134
bureau of criminal identification and investigation in accordance	50135
with section 109.572 of the Revised Code and pursuant to a request	50136
made under division (C) of this section is not a public record for	50137
the purposes of section 149.43 of the Revised Code and shall not	50138
be made available to any person other than the following:	50139

(1) The person who is the subject of the criminal records	50140
check or the person's representative;	50141

(2) ~~The~~An administrator at the department ~~who is requesting~~	50142
~~the criminal records check~~ or the administrator's representative;	50143

(3) ~~Any~~A court, hearing officer, or other necessary	50144
individual involved in a case dealing with a denial or termination	50145
of a provider agreement related to the criminal records check.	50146

(G) The department shall adopt rules in accordance with	50147
Chapter 119. of the Revised Code to implement this section. The	50148
rules shall specify circumstances under which the department may	50149
either issue a provider agreement to an independent provider ~~who~~	50150
or allow an independent provider to maintain an existing provider	50151
agreement when the independent provider has been convicted of or,	50152
has pleaded guilty to, or has been found eligible for intervention	50153
in lieu of conviction for an offense listed or described in	50154
division (C)(1) of this section ~~but meets personal character~~	50155
~~standards set by the department~~.	50156

Sec. 5111.06. (A)(1) As used in this section and in sections	50157
5111.061 and 5111.062 of the Revised Code:	50158

(a) "Provider" means any person, institution, or entity that	50159
furnishes medicaid services under a provider agreement with the	50160
department of job and family services pursuant to Title XIX of the	50161
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	50162
amended.	50163

(b) "Party" has the same meaning as in division (G) of	50164
section 119.01 of the Revised Code.	50165

(c) "Adjudication" has the same meaning as in division (D) of	50166
section 119.01 of the Revised Code.	50167

(2) This section does not apply to any action taken by the	50168
department of job and family services under sections 5111.35 to	50169
5111.62 of the Revised Code.	50170

(B) Except as provided in division (D) of this section and	50171
section 5111.914 of the Revised Code, the department shall do	50172
either of the following by issuing an order pursuant to an	50173
adjudication conducted in accordance with Chapter 119. of the	50174
Revised Code:	50175

(1) Enter into or refuse to enter into a provider agreement	50176
with a provider, or suspend, terminate, renew, or refuse to renew	50177
an existing provider agreement with a provider;	50178

(2) Take any action based upon a final fiscal audit of a	50179
provider.	50180

(C) Any party who is adversely affected by the issuance of an	50181
adjudication order under division (B) of this section may appeal	50182
to the court of common pleas of Franklin county in accordance with	50183
section 119.12 of the Revised Code.	50184

(D) The department is not required to comply with division	50185
(B)(1) of this section whenever any of the following occur:	50186

(1) The terms of a provider agreement require the provider to	50187
~~have~~hold a license, permit, or certificate or maintain a	50188
certification issued by an official, board, commission,	50189
department, division, bureau, or other agency of state or federal	50190
government other than the department of job and family services,	50191
and the license, permit, or certificate, or certification has been	50192
denied or, revoked, not renewed, suspended, or otherwise limited.	50193

(2) The terms of a provider agreement require the provider to	50194
hold a license, permit, or certificate or maintain certification	50195
issued by an official, board, commission, department, division,	50196
bureau, or other agency of state or federal government other than	50197
the department of job and family services, and the provider has	50198
not obtained the license, permit, certificate, or certification.	50199

(3) The provider agreement is denied, terminated, or not	50200
renewed due to the termination, refusal to renew, or denial of a	50201
license, permit, certificate, or certification by an official,	50202
board, commission, department, division, bureau, or other agency	50203
of this state other than the department of job and family	50204
services, notwithstanding the fact that the provider may hold a	50205
license, permit, certificate, or certification from an official,	50206
board, commission, department, division, bureau, or other agency	50207
of another state.	50208

~~(2)~~(4) The provider agreement is denied, terminated, or not	50209
renewed pursuant to division (C) or ~~(E)~~(F) of section 5111.03 of	50210
the Revised Code;	50211

~~(3)~~(5) The provider agreement is denied, terminated, or not	50212
renewed due to the provider's termination, suspension, or	50213
exclusion from the medicare program established under Title XVIII	50214
of the "Social Security Act," and the termination, suspension, or	50215
exclusion is binding on the provider's participation in the	50216
medicaid program;	50217

~~(4)~~(6) The provider agreement is denied, terminated, or not	50218
renewed due to the provider's pleading guilty to or being	50219
convicted of a criminal activity materially related to either the	50220
medicare or medicaid program;	50221

~~(5)~~(7) The provider agreement is denied, terminated, or	50222
suspended as a result of action by the United States department of	50223
health and human services and that action is binding on the	50224
provider's participation in the medicaid program;	50225

~~(6)~~(8) The provider agreement is suspended pursuant to	50226
section 5111.031 of the Revised Code pending indictment of the	50227
provider.	50228

(9) The provider agreement is denied, terminated, or not	50229
renewed because the provider has been convicted of one of the	50230
offenses that caused the provider agreement to be suspended	50231
pursuant to section 5111.031 of the Revised Code.	50232

(10) The provider agreement is converted under section	50233
5111.028 of the Revised Code from a provider agreement that is not	50234
time-limited to a provider agreement that is time-limited.	50235

(11) The provider agreement is terminated or an application	50236
for re-enrollment is denied because the provider has failed to	50237
apply for re-enrollment within the time or in the manner specified	50238
for re-enrollment pursuant to section 5111.028 of the Revised	50239
Code.	50240

(12) The provider agreement is terminated or not renewed	50241
because the provider has not billed or otherwise submitted a	50242
medicaid claim to the department for two years or longer, and the	50243
department has determined that the provider has moved from the	50244
address on record with the department without leaving an active	50245
forwarding address with the department.	50246

In the case of a provider described in division (D)~~(6)~~(12) of	50247
this section, the department may terminate or not renew the	50248
provider agreement by sending a notice explaining the department's	50249
proposed action to the address on record with the department. The	50250
notice may be sent by regular mail.	50251

(E) The department may withhold payments for services	50252
rendered by a medicaid provider under the medical assistance	50253
program during the pendency of proceedings initiated under	50254
division (B)(1) of this section. If the proceedings are initiated	50255
under division (B)(2) of this section, the department may withhold	50256
payments only to the extent that they equal amounts determined in	50257
a final fiscal audit as being due the state. This division does	50258
not apply if the department fails to comply with section 119.07 of	50259
the Revised Code, requests a continuance of the hearing, or does	50260
not issue a decision within thirty days after the hearing is	50261
completed. This division does not apply to nursing facilities and	50262
intermediate care facilities for the mentally retarded as defined	50263
in section 5111.20 of the Revised Code.	50264

Sec. 5111.084. There is hereby established the pharmacy and	50265
therapeutics committee of the department of job and family	50266
services. The committee shall consist of nine members and shall be	50267
appointed by the director of job and family services. The	50268
membership of the committee shall include: three pharmacists	50269
licensed under Chapter 4729. of the Revised Code; two doctors of	50270
medicine and two doctors of osteopathy licensed under Chapter	50271
4731. of the Revised Code; a registered nurse licensed under	50272
Chapter 4723. of the Revised Code; and a pharmacologist who has a	50273
doctoral degree. At least one of the members who is a doctor of	50274
medicine or doctor of osteopathy shall be a psychiatrist. The	50275
committee shall elect one of its members as chairperson.	50276

Sec. 5111.085. (A) As used in this section, "mental health	50277
drug" means a drug that meets one of the following requirements:	50278

(1) Is classified as an antianxiety, antidepressant,	50279
anticonvulsant, or antipsychotic central nervous system drug in	50280
the most recent edition of one of the following publications:	50281

(a) The American psychiatric press textbook of	50282
psychopharmacology;	50283

(b) Current clinical strategies for psychiatry;

50284

50285

(d) A publication with a focus and content comparable to the	50286
publications described in divisions (A)(1)(a) to (c) of this	50287
section as determined by the director of job and family services.	50288

(2) Is classified in one of the publications described in	50289
division (A)(1) of this section as a central nervous system drug	50290
in a category or classification that is created after the	50291
effective date of this section;	50292

(3) Is classified in one of the publications described in	50293
division (A)(1) of this section as a cross-indicated drug for any	50294
of the central nervous system drugs specified in division (A)(1)	50295
or (2) of this section because the drug's use in that capacity is	50296
generally held to be reasonable, appropriate, and within the	50297
community standards of care even though the use is not included in	50298
the United States food and drug administration's approved labeling	50299
for the drug;	50300

(4) Is recommended for the treatment of a mental illness or	50301
mental disorder, as those terms are defined in the most recent	50302
edition of the American psychiatric association's diagnostic and	50303
statistical manual of mental disorders.	50304

(B) The only mental health drugs that may be subjected to a	50305
prior authorization requirement, preferred drug list, or generic	50306
substitution requirement under the medicaid program are mental	50307
health drugs that are brand name and for which there are generic	50308
equivalents.	50309

Sec. 5111.10. The director of job and family services may	50310
conduct reviews of the medicaid program. The reviews may include	50311
physical inspections of records and sites where medicaid-funded	50312
services are provided and interviews of providers and recipients	50313
of the services. If the director determines pursuant to a review	50314
that a person or government entity has violated a rule governing	50315
the medicaid program, the director may establish a corrective	50316
action plan for the violator and impose fiscal, administrative, or	50317
both types of sanctions on the violator in accordance with rules	50318
governing the medicaid program. ~~Such action to be taken against a~~	50319
~~responsible entity, as defined in section 5101.24 of the Revised~~	50320
~~Code, shall be taken in accordance with that section.~~	50321

Sec. 5111.101. (A) As used in this section~~, "federal~~;

50322

"Agent" and "contractor" include any agent, contractor,	50323
subcontractor, or other person who, on behalf of an entity,	50324
furnishes or authorizes the furnishing of health care items or	50325
services under the medicaid program, performs billing or coding	50326
functions, or is involved in monitoring of health care that an	50327
entity provides.	50328

"Employee" includes any officer or employee (including	50329
management employees) of an entity.	50330

"Entity" includes a governmental entity or an organization,	50331
unit, corporation, partnership, or other business arrangement,	50332
including any medicaid managed care organization, irrespective of	50333
the form of business structure or arrangement by which it exists,	50334
whether for-profit or not-for-profit. "Entity" does not include a	50335
government entity that administers one or more components of the	50336
medicaid program, unless the government entity receives medicaid	50337
payments for providing items or services.	50338

"Federal health care programs" has the same meaning as in 42	50339
U.S.C. 1320a-7b(f).	50340

(B) Each ~~person and government~~ entity that receives or makes	50341
~~medicaid~~in a federal fiscal year payments ~~in a calendar year that~~	50342
~~total~~under the medicaid program, either through the state	50343
medicaid plan or a federal medicaid waiver, totaling at least five	50344
million dollars ~~or more~~ shall, as a condition of receiving such	50345
payments, do all of the following not later than the first day of	50346
the succeeding calendar year:	50347

(1) ~~Provide each of the person or government entity's~~	50348
Establish written policies for all of the entity's employees	50349
~~(including management employees)~~, contractors, and agents,that	50350
provide detailed~~, written~~ information about the role of all of the	50351
following in preventing and detecting fraud, waste, and abuse in	50352
federal health care programs:	50353

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

50354

(b) Federal administrative remedies for false claims and	50355
statements available under 31 U.S.C. 3801 to 3812;	50356

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	50357
Revised Code and any other state laws pertaining to civil or	50358
criminal penalties for false claims and statements;	50359

(d) Whistleblower protections under the laws specified in	50360
divisions (B)(1)(a) to (c) of this section.	50361

(2) Include inas part of the written ~~information provided~~	50362
~~under~~policies required by division (B)(1) of this section	50363
detailed ~~information about~~provisions regarding the ~~person or~~	50364
~~government~~ entity's policies and procedures for preventing and	50365
detecting fraud, waste, and abuse.	50366

(3) ~~Include~~Disseminate the written policies required by	50367
division (B)(1) of this section to each of the entity's employees,	50368
contractors, and agents in a paper or electronic form and make the	50369
written policies readily available to the entity's employees,	50370
contractors, and agents.	50371

(4) If the entity has an employee handbook, include in the	50372
~~person or government entity's~~ employee handbook a specific	50373
discussion of the laws specified in division (B)(1) of this	50374
section, the rights of employees to be protected as	50375
whistleblowers, and the ~~person or government~~ entity's policies and	50376
procedures for preventing and detecting fraud, waste, and abuse.	50377

(5) Require the entity's contractors and agents to adopt the	50378
entity's written policies required by division (B)(1) of this	50379
section.	50380

(C) An entity that furnishes items or services at multiple	50381
locations or under multiple contractual or other payment	50382
arrangements is required to comply with division (B) of this	50383
section if the entity receives in a federal fiscal year medicaid	50384
payments totaling in the aggregate at least five million dollars.	50385
This applies regardless of whether the entity submits claims for	50386
medicaid payments using multiple provider identification or tax	50387
identification numbers.	50388

Sec. 5111.102. As used in this section, "state agency" has	50389
the same meaning as in section 9.23 of the Revised Code.	50390

No provision of Title LI of the Revised Code or any other law	50391
of this state that incorporates any provision of federal Medicaid	50392
law, Title XIX of the Social Security Act, 79 Stat. 286 (1965), 42	50393
U.S.C. 1396, or that may be construed as requiring the state, a	50394
state agency, or any state official or employee to comply with	50395
that federal provision, shall be construed as creating a cause of	50396
action to enforce such state law beyond the causes of action	50397
available under federal law for enforcement of the provision of	50398
federal law.	50399

Sec. 5111.11. (A) As used in this section and section	50400
5111.111 of the Revised Code:	50401

(1) "Estate" includes both of the following:

50402

(a) All real and personal property and other assets to be	50403
administered under Title XXI of the Revised Code and property that	50404
would be administered under that title if not for section 2113.03	50405
or 2113.031 of the Revised Code;	50406

(b) Any other real and personal property and other assets in	50407
which an individual had any legal title or interest at the time of	50408
death (to the extent of the interest), including assets conveyed	50409
to a survivor, heir, or assign of the individual through joint	50410
tenancy, tenancy in common, survivorship, life estate, living	50411
trust, or other arrangement.	50412

(2) "Institution" means a nursing facility, intermediate care	50413
facility for the mentally retarded, or a medical institution.	50414

(3) "Intermediate care facility for the mentally retarded"	50415
and "nursing facility" have the same meanings as in section	50416
5111.20 of the Revised Code.	50417

(4) "Permanently institutionalized individual" means an	50418
individual to whom all of the following apply:	50419

(a) Is an inpatient in an institution;

50420

(b) Is required, as a condition of the medicaid program	50421
paying for the individual's services in the institution, to spend	50422
for costs of medical or nursing care all of the individual's	50423
income except for an amount for personal needs specified by the	50424
department of job and family services;	50425

(c) Cannot reasonably be expected to be discharged from the	50426
institution and return home as determined by the department of job	50427
and family services.	50428

(5) "Qualified state long-term care insurance partnership	50429
program" means the program established under section 5111.18 of	50430
the Revised Code.	50431

(6) "Time of death" shall not be construed to mean a time	50432
after which a legal title or interest in real or personal property	50433
or other asset may pass by survivorship or other operation of law	50434
due to the death of the decedent or terminate by reason of the	50435
decedent's death.	50436

(B) To the extent permitted by federal law, the department of	50437
job and family services shall institute ana medicaid estate	50438
recovery program under which the department shall, except as	50439
provided in divisions (C)~~, (D),~~ and (E) of this section, and	50440
subject to division (D) of this section, do ~~both~~all of the	50441
following:	50442

(1) For the costs of medicaid services the medicaid program	50443
correctly paid or will pay on behalf of a permanently	50444
institutionalized individual of any age, seek adjustment or	50445
recovery from the individual's estate or on the sale of property	50446
of the individual or spouse that is subject to a lien imposed	50447
under section 5111.111 of the Revised Code;	50448

(2) For the costs of medicaid services the medicaid program	50449
correctly paid or will pay on behalf of an individual fifty-five	50450
years of age or older who is not a permanently institutionalized	50451
individual, seek adjustment or recovery from the individual's	50452
estate;	50453

(3) Seek adjustment or recovery from the estate of other	50454
individuals as permitted by federal law.	50455

(C)(1) No adjustment or recovery may be made under division	50456
(B)(1) of this section from a permanently institutionalized	50457
individual's estate or on the sale of property of a permanently	50458
institutionalized individual that is subject to a lien imposed	50459
under section 5111.111 of the Revised Code or under division	50460
(B)(2) or (3) of this section from an individual's estate while	50461
either of the following are alive:	50462

(a) The spouse of the permanently institutionalized	50463
individual or individual;	50464

(b) The son or daughter of a permanently institutionalized	50465
individual or individual if the son or daughter is under age	50466
twenty-one or, under 42 U.S.C. 1382c, is considered blind or	50467
disabled.	50468

(2) No adjustment or recovery may be made under division	50469
(B)(1) of this section from a permanently institutionalized	50470
individual's home that is subject to a lien imposed under section	50471
5111.111 of the Revised Code while either of the following	50472
lawfully reside in the home:	50473

(a) The permanently institutionalized individual's sibling	50474
who resided in the home for at least one year immediately before	50475
the date of the permanently institutionalized individual's	50476
admission to the institution and on a continuous basis since that	50477
time;	50478

(b) The permanently institutionalized individual's son or	50479
daughter who provided care to the permanently institutionalized	50480
individual that delayed the permanently institutionalized	50481
individual's institutionalization and resided in the home for at	50482
least two years immediately before the date of the permanently	50483
institutionalized individual's admission to the institution and on	50484
a continuous basis since that time.	50485

(D) In the case of a participant of the qualified state	50486
long-term care insurance partnership program, adjustment or	50487
recovery required by this section may be reduced in accordance	50488
with rules adopted under division (G) of this section.	50489

(E) The department shall, in accordance with procedures and	50490
criteria established in rules adopted under division (G) of this	50491
section, waive seeking an adjustment or recovery otherwise	50492
required by this section if the director of job and family	50493
services determines that adjustment or recovery would work an	50494
undue hardship. The department may limit the duration of the	50495
waiver to the period during which the undue hardship exists.	50496

(F) For the purpose of determining whether an individual	50497
meets the definition of "permanently institutionalized individual"	50498
established for this section, a rebuttable presumption exists that	50499
the individual cannot reasonably be expected to be discharged from	50500
an institution and return home if either of the following is the	50501
case:	50502

(1) The individual declares that he or she does not intend to	50503
return home.	50504

(2) The individual has been an inpatient in an institution	50505
for at least six months.	50506

(G) The director of job and family services shall adopt rules	50507
in accordance with Chapter 119. of the Revised Code regarding the	50508
medicaid estate recovery program, including rules that do both of	50509
the following:	50510

(1) For the purpose of division (D) of this section and	50511
consistent with 42 U.S.C. 1396p(b)(1)(C), provide for reducing an	50512
adjustment or recovery in the case of a participant of the	50513
qualified state long-term care insurance partnership program;	50514

(2) For the purpose of division (E) of this section and	50515
consistent with the standards specified by the United States	50516
secretary of health and human services under 42 U.S.C.	50517
1396p(b)(3), establish procedures and criteria for waiving	50518
adjustment or recovery due to an undue hardship.	50519

Sec. 5111.112. The department of job and family services	50520
shall certify amounts due under the medicaid estate recovery	50521
program instituted under section 5111.11 of the Revised Code to	50522
the attorney general pursuant to section 131.02 of the Revised	50523
Code. The attorney general may enter into a contract with any	50524
person or government entity to collect the amounts due on behalf	50525
of the attorney general.	50526

The attorney general, in entering into a contract under this	50527
section, shall comply with all of the requirements that must be	50528
met for the state to receive federal financial participation for	50529
the costs incurred in entering into the contract and carrying out	50530
actions under the contract. The contract may provide for the	50531
person or government entity with which the attorney general	50532
contracts to be compensated from the property recovered under the	50533
medicaid estate recovery program or may provide for another manner	50534
of compensation agreed to by the parties to the contract.	50535

Regardless of whether the attorney general collects the	50536
amounts due under the medicaid estate recovery program or	50537
contracts with a person or government entity to collect the	50538
amounts due on behalf of the attorney general, the amounts due	50539
shall be collected in accordance with applicable requirements of	50540
federal statutes and regulations and state statutes and rules.	50541

Sec. 5111.113. (A) As used in this section:

50542

(1) "Adult care facility" has the same meaning as in section	50543
3722.01 of the Revised Code.	50544

(2) "Commissioner" means a person appointed by a probate	50545
court under division (B) of section 2113.03 of the Revised Code to	50546
act as a commissioner.	50547

(3) "Home" has the same meaning as in section 3721.10 of the	50548
Revised Code.	50549

(4) "Personal needs allowance account" means an account or	50550
petty cash fund that holds the money of a resident of an adult	50551
care facility or home and that the facility or home manages for	50552
the resident.	50553

(B) Except as provided in divisions (C) and (D) of this	50554
section, the owner or operator of an adult care facility or home	50555
shall transfer to the department of job and family services the	50556
money in the personal needs allowance account of a resident of the	50557
facility or home who was a recipient of the medical assistance	50558
program no earlier than sixty days but not later than ninety days	50559
after the resident dies. The adult care facility or home shall	50560
transfer the money even though the owner or operator of the	50561
facility or home has not been issued letters testamentary or	50562
letters of administration concerning the resident's estate.	50563

(C) If funeral or burial expenses for a resident of an adult	50564
care facility or home who has died have not been paid and the only	50565
resource the resident had that could be used to pay for the	50566
expenses is the money in the resident's personal needs allowance	50567
account, or all other resources of the resident are inadequate to	50568
pay the full cost of the expenses, the money in the resident's	50569
personal needs allowance account shall be used to pay for the	50570
expenses rather than being transferred to the department of job	50571
and family services pursuant to division (B) of this section.	50572

(D) If, not later than sixty days after a resident of an	50573
adult care facility or home dies, letters testamentary or letters	50574
of administration are issued, or an application for release from	50575
administration is filed under section 2113.03 of the Revised Code,	50576
concerning the resident's estate, the owner or operator of the	50577
facility or home shall transfer the money in the resident's	50578
personal needs allowance account to the administrator, executor,	50579
commissioner, or person who filed the application for release from	50580
administration.	50581

(E) The transfer or use of money in a resident's personal	50582
needs allowance account in accordance with division (B), (C), or	50583
(D) of this section discharges and releases the adult care	50584
facility or home, and the owner or operator of the facility or	50585
home, from any claim for the money from any source.	50586

(F) If, sixty-one or more days after a resident of an adult	50587
care facility or home dies, letters testamentary or letters of	50588
administration are issued, or an application for release from	50589
administration under section 2113.03 of the Revised Code is filed,	50590
concerning the resident's estate, the department of job and family	50591
services shall transfer the funds to the administrator, executor,	50592
commissioner, or person who filed the application, unless the	50593
department is entitled to recover the money under the medicaid	50594
estate recovery program instituted under section 5111.11 of the	50595
Revised Code.	50596

Sec. 5111.163. (A) As used in this section:

50597

(1) "Emergency services" has the same meaning as in section	50598
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42	50599
U.S.C. 1396u-2(b)(2), as amended.	50600

(2) "Medicaid managed care organization" has the same meaning	50601
as in section 5111.162 of the Revised Code.	50602

(3) "Provider" ~~has the same meaning as in section 5111.06 of~~	50603
~~the Revised Code~~means any person, institution, or entity that	50604
furnishes emergency services to a medicaid recipient enrolled in a	50605
medicaid managed care organization, regardless of whether the	50606
person, institution, or entity has a provider agreement with the	50607
department of job and family services pursuant to Title XIX of the	50608
"Social Security Act."	50609

(B) When a participant in the care management system	50610
established under section 5111.16 of the Revised Code is enrolled	50611
in a medicaid managed care organization and receives emergency	50612
services on or after January 1, 2007, from a provider that is not	50613
under contract with the organization, the provider shall accept	50614
from the organization, as payment in full, not more than the	50615
amounts (less any payments for indirect costs of medical education	50616
and direct costs of graduate medical education) that the provider	50617
could collect if the participant received medicaid other than	50618
through enrollment in a managed care organization.	50619

Sec. 5111.165. (A) Not later than January 1, 2009, the	50620
department of job and family services shall develop a payment	50621
system based on a risk-adjusted rate structure for purposes of	50622
making payments to the health insuring corporations under contract	50623
with the department pursuant to section 5111.17 of the Revised	50624
Code. In accordance with the implementation schedule specified in	50625
division (C) of this section, the risk-adjusted rate structure	50626
shall be applied to the payments made to the health insuring	50627
corporations for individuals participating in the care management	50628
system under division (B)(1) of section 5111.16 of the Revised	50629
Code on the basis of being included in the medicaid recipient	50630
category designated by the department as covered families and	50631
children.	50632

(B) The department shall consult with the health insuring	50633
corporations regarding the methodology to be used in developing	50634
the risk-adjusted rate structure. In developing the rate	50635
structure, the department shall use all of the following:	50636

(1) Medical information and other relevant encounter data	50637
necessary to obtain an accurate reflection of the utilization	50638
rates and unit costs of the health care services provided to	50639
medicaid recipients in the covered families and children category;	50640

(2) A comprehensive risk adjustment tool, such as the chronic	50641
illness and disability payment system developed by the university	50642
of California, San Diego;	50643

(3) Medicaid cost reports submitted by the health insuring	50644
corporations;	50645

(4) Historical and present information on the health insuring	50646
corporation enrollment and medicaid eligibility of medicaid	50647
recipients in the covered families and children category;	50648

(5) Actuarially sound assumptions regarding the	50649
administrative costs of the health insuring corporations and	50650
maintenance of their contingency and surplus financial reserves;	50651

(6) A deviation factor that recognizes the impact of adverse	50652
claims for payment of health care services;	50653

(7) Any other information recognized by the society of	50654
actuaries as relevant to the development of rates that are	50655
actuarially sound according to generally accepted actuarial	50656
principles and practices.	50657

(C) The risk-adjusted rate structure shall be applied in	50658
accordance with the following implementation schedule:	50659

(1) In the first year after the rate structure is developed,	50660
fifty per cent of each health insuring corporation's payments	50661
shall be risk-adjusted.	50662

(2) In the second year after the rate structure is developed	50663
and each year thereafter, all of the payments shall be	50664
risk-adjusted.	50665

(D) For purposes of making payments that are not	50666
risk-adjusted during the first year the risk-adjusted rate	50667
structure is implemented, the department shall develop a	50668
reasonable payment range under which the payments may be changed	50669
because of the rate structure's implementation.	50670

Sec. 5111.166. In implementing the care management system	50671
under section 5111.16 of the Revised Code, the department of job	50672
and family services shall provide to the health insuring	50673
corporations under contract with the department pursuant to	50674
section 5111.17 of the Revised Code a monthly report with	50675
information on the medicaid recipients enrolled in the	50676
corporations who will no longer be eligible for medicaid. The	50677
first report shall be provided not later than December 1, 2007.	50678

The department shall provide the reports to the health	50679
insuring corporations in an electronic format. The department	50680
shall consult with the health insuring corporations to determine	50681
the most efficient method of providing the reports.	50682

Sec. 5111.17. (A) The department of job and family services	50683
may enter into contracts with managed care organizations,	50684
including health insuring corporations, under which the	50685
organizations are authorized to provide, or arrange for the	50686
provision of, health care services to medical assistance	50687
recipients who are required or permitted to obtain health care	50688
services through managed care organizations as part of the care	50689
management system established under section 5111.16 of the	50690
Revised Code.	50691

(B) ~~The department shall develop and implement a financial~~	50692
~~incentive program to improve and reward positive health outcomes~~	50693
~~through the managed care organization contracts entered into under~~	50694
~~this section. In developing and implementing the program, the~~	50695
~~department may take into consideration the recommendations~~	50696
~~regarding the program made by the medicaid care management working~~	50697
~~group created under section 5111.161 of the Revised Code~~(1) For	50698
purposes of making payments to health insuring corporations under	50699
contract pursuant to this section, the department shall develop,	50700
certify, and implement actuarially sound capitation rates, as	50701
defined in 42 C.F.R. 438.6. In taking these actions, the	50702
department shall comply with all applicable requirements of 42	50703
C.F.R. 438.6 and Title XIX of the "Social Security Act," 79 Stat.	50704
286 (1965), 42 U.S.C. 1396b(m), as amended.	50705

(2) Before the department may submit proposed capitation	50706
rates for approval by the United States centers for medicare and	50707
medicaid services, the department shall prepare a separate	50708
document that specifies the manner in which the rates conform to	50709
generally accepted actuarial principles and practices. When the	50710
proposed rates are submitted for approval, the department shall	50711
include the document as part of its submission of information to	50712
the centers for medicare and medicaid services.	50713

(3) The document prepared under division (B)(2) of this	50714
section shall include information on all of the following:	50715

(a) How the proposed rates are appropriate with respect to	50716
the individuals or groups of individuals who will be enrolled in	50717
the health insuring corporations;	50718

(b) How the proposed rates are appropriate for the services	50719
that will be covered by the health insuring corporations;	50720

(c) How the proposed rates are adequate to meet the	50721
administrative requirements of the health insuring corporations;	50722

(d) Any other matter the department considers to be relevant	50723
to the development of actuarially sound capitation rates.	50724

(4) In preparing the document required under division (B)(2)	50725
of this section, the department may consult with the	50726
superintendent of insurance. The department may ask the	50727
superintendent to assess whether the proposed rates, if	50728
implemented, would do any of the following:	50729

(a) Adversely affect a health insuring corporation in a	50730
manner that results in the need to prepare and submit an RBC plan	50731
in accordance with section 1753.33 of the Revised Code;	50732

(b) Cause the superintendent, in the case of a health	50733
insuring corporation with a parent company, to take actions	50734
requiring the use of the parent company's guaranty established	50735
under division (A)(27) of section 1751.03 of the Revised Code as a	50736
condition of applying for a certificate of authority to establish	50737
and operate the health insuring corporation;	50738

(c) Negatively impact, in general, the financial solvency of	50739
a health insuring corporation.	50740

(C) The director of job and family services may adopt rules	50741
in accordance with Chapter 119. of the Revised Code to implement	50742
this section.	50743

Sec. 5111.172. (A) When contracting under section 5111.17 of	50744
the Revised Code with a managed care organization that is a health	50745
insuring corporation, the department of job and family services	50746
may require the health insuring corporation to provide coverage of	50747
prescription drugs for medicaid recipients enrolled in the health	50748
insuring corporation. In providing the required coverage, the	50749
health insuring corporation may, subject to the department's	50750
approval and the limitations provided under division (C) of this	50751
section, use strategies for the management of drug utilization.	50752

(B) As used in this division, "controlled substance" has the	50753
same meaning as in section 3719.01 of the Revised Code.	50754

If a health insuring corporation is required under this	50755
section to provide coverage of prescription drugs, the department	50756
shall permit the health insuring corporation to develop and	50757
implement a pharmacy utilization management program under which	50758
prior authorization through the program is established as a	50759
condition of obtaining a controlled substance pursuant to a	50760
prescription. The program may include processes for requiring	50761
medicaid recipients at high risk for fraud or abuse involving	50762
controlled substances to have their prescriptions for controlled	50763
substances filled by a pharmacy, medical provider, or health care	50764
facility designated by the program.	50765

(C) As used in this division, "mental health drug" has the	50766
same meaning as in section 5111.085 of the Revised Code.	50767

If a contract under section 5111.17 of the Revised Code	50768
requires a health insuring corporation to provide prescription	50769
drug coverage for medicaid recipients as described in division (A)	50770
of this section, the contract shall include terms under which the	50771
only mental health drugs that may be subjected to a prior	50772
authorization requirement, preferred drug list, or generic	50773
substitution requirement are mental health drugs that are brand	50774
name and for which there are generic equivalents.	50775

Sec. 5111.20. As used in sections 5111.20 to 5111.34 of the	50776
Revised Code:	50777

(A) "Allowable costs" are those costs determined by the	50778
department of job and family services to be reasonable and do not	50779
include fines paid under sections 5111.35 to 5111.61 and section	50780
5111.99 of the Revised Code.	50781

(B) "Ancillary and support costs" means all reasonable costs	50782
incurred by a nursing facility other than direct care costs or	50783
capital costs. "Ancillary and support costs" includes, but is not	50784
limited to, costs of activities, social services, pharmacy	50785
consultants, habilitation supervisors, qualified mental	50786
retardation professionals, program directors, medical and	50787
habilitation records, program supplies, incontinence supplies,	50788
food, enterals, dietary supplies and personnel, laundry,	50789
housekeeping, security, administration, medical equipment,	50790
utilities, liability insurance, bookkeeping, purchasing	50791
department, human resources, communications, travel, dues, license	50792
fees, subscriptions, home office costs not otherwise allocated,	50793
legal services, accounting services, minor equipment, maintenance	50794
and repairs, help-wanted advertising, informational advertising,	50795
start-up costs, organizational expenses, other interest, property	50796
insurance, employee training and staff development, employee	50797
benefits, payroll taxes, and workers' compensation premiums or	50798
costs for self-insurance claims and related costs as specified in	50799
rules adopted by the director of job and family services under	50800
section 5111.02 of the Revised Code, for personnel listed in this	50801
division. "Ancillary and support costs" also means the cost of	50802
equipment, including vehicles, acquired by operating lease	50803
executed before December 1, 1992, if the costs are reported as	50804
administrative and general costs on the facility's cost report for	50805
the cost reporting period ending December 31, 1992.	50806

(C) "Capital costs" means costs of ownership and, in the case	50807
of an intermediate care facility for the mentally retarded, costs	50808
of nonextensive renovation.	50809

(1) "Cost of ownership" means the actual expense incurred for	50810
all of the following:	50811

(a) Depreciation and interest on any capital assets that cost	50812
five hundred dollars or more per item, including the following:	50813

(i) Buildings;

50814

(ii) Building improvements that are not approved as	50815
nonextensive renovations under section 5111.251 of the Revised	50816
Code;	50817

(iii) Except as provided in division (B) of this section,	50818
equipment;	50819

(iv) In the case of an intermediate care facility for the	50820
mentally retarded, extensive renovations;	50821

(v) Transportation equipment.

50822

(b) Amortization and interest on land improvements and	50823
leasehold improvements;	50824

50825

(d) Except as provided in division (K) of this section, lease	50826
and rent of land, building, and equipment.	50827

The costs of capital assets of less than five hundred dollars	50828
per item may be considered capital costs in accordance with a	50829
provider's practice.	50830

(2) "Costs of nonextensive renovation" means the actual	50831
expense incurred by an intermediate care facility for the mentally	50832
retarded for depreciation or amortization and interest on	50833
renovations that are not extensive renovations.	50834

(D) "Capital lease" and "operating lease" shall be construed	50835
in accordance with generally accepted accounting principles.	50836

(E) "Case-mix score" means the measure determined under	50837
section 5111.232 of the Revised Code of the relative direct-care	50838
resources needed to provide care and habilitation to a resident of	50839
a nursing facility or intermediate care facility for the mentally	50840
retarded.	50841

(F)(1) "Date of licensure," for a facility originally	50842
licensed as a nursing home under Chapter 3721. of the Revised	50843
Code, means the date specific beds were originally licensed as	50844
nursing home beds under that chapter, regardless of whether they	50845
were subsequently licensed as residential facility beds under	50846
section 5123.19 of the Revised Code. For a facility originally	50847
licensed as a residential facility under section 5123.19 of the	50848
Revised Code, "date of licensure" means the date specific beds	50849
were originally licensed as residential facility beds under that	50850
section.	50851

~~(1)~~ If nursing home beds licensed under Chapter 3721. of the	50852
Revised Code or residential facility beds licensed under section	50853
5123.19 of the Revised Code were not required by law to be	50854
licensed when they were originally used to provide nursing home or	50855
residential facility services, "date of licensure" means the date	50856
the beds first were used to provide nursing home or residential	50857
facility services, regardless of the date the present provider	50858
obtained licensure.	50859

~~(2)~~ If a facility adds nursing home beds or residential	50860
facility beds or extensively renovates all or part of the facility	50861
after its original date of licensure, it will have a different	50862
date of licensure for the additional beds or extensively renovated	50863
portion of the facility, unless the beds are added in a space that	50864
was constructed at the same time as the previously licensed beds	50865
but was not licensed under Chapter 3721. or section 5123.19 of the	50866
Revised Code at that time.	50867

(2) The definition of "date of licensure" in this section	50868
applies in determinations of the medicaid reimbursement rate for a	50869
nursing facility or intermediate care facility for the mentally	50870
retarded but does not apply in determinations of the franchise	50871
permit fee for a nursing facility or intermediate care facility	50872
for the mentally retarded.	50873

(G) "Desk-reviewed" means that costs as reported on a cost	50874
report submitted under section 5111.26 of the Revised Code have	50875
been subjected to a desk review under division (A) of section	50876
5111.27 of the Revised Code and preliminarily determined to be	50877
allowable costs.	50878

(H) "Direct care costs" means all of the following:

50879

(1)(a) Costs for registered nurses, licensed practical	50880
nurses, and nurse aides employed by the facility;	50881

(b) Costs for direct care staff, administrative nursing	50882
staff, medical directors, respiratory therapists, and except as	50883
provided in division (H)(2) of this section, other persons holding	50884
degrees qualifying them to provide therapy;	50885

50886

(d) Costs of quality assurance;

50887

(e) Costs of training and staff development, employee	50888
benefits, payroll taxes, and workers' compensation premiums or	50889
costs for self-insurance claims and related costs as specified in	50890
rules adopted by the director of job and family services in	50891
accordance with Chapter 119. of the Revised Code, for personnel	50892
listed in divisions (H)(1)(a), (b), and (d) of this section;	50893

(f) Costs of consulting and management fees related to direct	50894
care;	50895

(g) Allocated direct care home office costs.

50896

(2) In addition to the costs specified in division (H)(1) of	50897
this section, for nursing facilities only, direct care costs	50898
include costs of habilitation staff (other than habilitation	50899
supervisors), medical supplies, emergency oxygen, habilitation	50900
supplies, and universal precautions supplies.	50901

(3) In addition to the costs specified in division (H)(1) of	50902
this section, for intermediate care facilities for the mentally	50903
retarded only, direct care costs include both of the following:	50904

(a) Costs for physical therapists and physical therapy	50905
assistants, occupational therapists and occupational therapy	50906
assistants, speech therapists, audiologists, habilitation staff	50907
(including habilitation supervisors), qualified mental retardation	50908
professionals, program directors, social services staff,	50909
activities staff, off-site day programming, psychologists and	50910
psychology assistants, and social workers and counselors;	50911

(b) Costs of training and staff development, employee	50912
benefits, payroll taxes, and workers' compensation premiums or	50913
costs for self-insurance claims and related costs as specified in	50914
rules adopted under section 5111.02 of the Revised Code, for	50915
personnel listed in division (H)(3)(a) of this section.	50916

(4) Costs of other direct-care resources that are specified	50917
as direct care costs in rules adopted under section 5111.02 of the	50918
Revised Code.	50919

(I) "Fiscal year" means the fiscal year of this state, as	50920
specified in section 9.34 of the Revised Code.	50921

(J) "Franchise permit fee" means the following:

50922

(1) In the context of nursing facilities, the fee imposed by	50923
sections 3721.50 to 3721.58 of the Revised Code;	50924

(2) In the context of intermediate care facilities for the	50925
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	50926
of the Revised Code.	50927

(K) "Indirect care costs" means all reasonable costs incurred	50928
by an intermediate care facility for the mentally retarded other	50929
than direct care costs, other protected costs, or capital costs.	50930
"Indirect care costs" includes but is not limited to costs of	50931
habilitation supplies, pharmacy consultants, medical and	50932
habilitation records, program supplies, incontinence supplies,	50933
food, enterals, dietary supplies and personnel, laundry,	50934
housekeeping, security, administration, liability insurance,	50935
bookkeeping, purchasing department, human resources,	50936
communications, travel, dues, license fees, subscriptions, home	50937
office costs not otherwise allocated, legal services, accounting	50938
services, minor equipment, maintenance and repairs, help-wanted	50939
advertising, informational advertising, start-up costs,	50940
organizational expenses, other interest, property insurance,	50941
employee training and staff development, employee benefits,	50942
payroll taxes, and workers' compensation premiums or costs for	50943
self-insurance claims and related costs as specified in rules	50944
adopted under section 5111.02 of the Revised Code, for personnel	50945
listed in this division. Notwithstanding division (C)(1) of this	50946
section, "indirect care costs" also means the cost of equipment,	50947
including vehicles, acquired by operating lease executed before	50948
December 1, 1992, if the costs are reported as administrative and	50949
general costs on the facility's cost report for the cost reporting	50950
period ending December 31, 1992.	50951

(L) "Inpatient days" means all days during which a resident,	50952
regardless of payment source, occupies a bed in a nursing facility	50953
or intermediate care facility for the mentally retarded that is	50954
included in the facility's certified capacity under Title XIX.	50955
Therapeutic or hospital leave days for which payment is made under	50956
section 5111.33 of the Revised Code are considered inpatient days	50957
proportionate to the percentage of the facility's per resident per	50958
day rate paid for those days.	50959

(M) "Intermediate care facility for the mentally retarded"	50960
means an intermediate care facility for the mentally retarded	50961
certified as in compliance with applicable standards for the	50962
medicaid program by the director of health in accordance with	50963
Title XIX.	50964

(N) "Maintenance and repair expenses" means, except as	50965
provided in division (BB)(2) of this section, expenditures that	50966
are necessary and proper to maintain an asset in a normally	50967
efficient working condition and that do not extend the useful life	50968
of the asset two years or more. "Maintenance and repair expenses"	50969
includes but is not limited to the cost of ordinary repairs such	50970
as painting and wallpapering.	50971

(O) "Medicaid days" means all days during which a resident	50972
who is a Medicaid recipient eligible for nursing facility services	50973
occupies a bed in a nursing facility that is included in the	50974
nursing facility's certified capacity under Title XIX. Therapeutic	50975
or hospital leave days for which payment is made under section	50976
5111.33 of the Revised Code are considered Medicaid days	50977
proportionate to the percentage of the nursing facility's per	50978
resident per day rate paid for those days.	50979

(P) "Nursing facility" means a facility, or a distinct part	50980
of a facility, that is certified as a nursing facility by the	50981
director of health in accordance with Title XIX and is not an	50982
intermediate care facility for the mentally retarded. "Nursing	50983
facility" includes a facility, or a distinct part of a facility,	50984
that is certified as a nursing facility by the director of health	50985
in accordance with Title XIX and is certified as a skilled nursing	50986
facility by the director in accordance with Title XVIII.	50987

(Q) "Operator" means the person or government entity	50988
responsible for the daily operating and management decisions for a	50989
nursing facility or intermediate care facility for the mentally	50990
retarded.	50991

(R) "Other protected costs" means costs incurred by an	50992
intermediate care facility for the mentally retarded for medical	50993
supplies; real estate, franchise, and property taxes; natural gas,	50994
fuel oil, water, electricity, sewage, and refuse and hazardous	50995
medical waste collection; allocated other protected home office	50996
costs; and any additional costs defined as other protected costs	50997
in rules adopted under section 5111.02 of the Revised Code.	50998

(S)(1) "Owner" means any person or government entity that has	50999
at least five per cent ownership or interest, either directly,	51000
indirectly, or in any combination, in any of the following	51001
regarding a nursing facility or intermediate care facility for the	51002
mentally retarded:	51003

(a) The land on which the facility is located;

51004

(b) The structure in which the facility is located;

51005

(c) Any mortgage, contract for deed, or other obligation	51006
secured in whole or in part by the land or structure on or in	51007
which the facility is located;	51008

(d) Any lease or sublease of the land or structure on or in	51009
which the facility is located.	51010

(2) "Owner" does not mean a holder of a debenture or bond	51011
related to the nursing facility or intermediate care facility for	51012
the mentally retarded and purchased at public issue or a regulated	51013
lender that has made a loan related to the facility unless the	51014
holder or lender operates the facility directly or through a	51015
subsidiary.	51016

(T) "Patient" includes "resident."

51017

(U) Except as provided in divisions (U)(1) and (2) of this	51018
section, "per diem" means a nursing facility's or intermediate	51019
care facility for the mentally retarded's actual, allowable costs	51020
in a given cost center in a cost reporting period, divided by the	51021
facility's inpatient days for that cost reporting period.	51022

(1) When calculating indirect care costs for the purpose of	51023
establishing rates under section 5111.241 of the Revised Code,	51024
"per diem" means an intermediate care facility for the mentally	51025
retarded's actual, allowable indirect care costs in a cost	51026
reporting period divided by the greater of the facility's	51027
inpatient days for that period or the number of inpatient days the	51028
facility would have had during that period if its occupancy rate	51029
had been eighty-five per cent.	51030

(2) When calculating capital costs for the purpose of	51031
establishing rates under section 5111.251 of the Revised Code,	51032
"per diem" means a facility's actual, allowable capital costs in a	51033
cost reporting period divided by the greater of the facility's	51034
inpatient days for that period or the number of inpatient days the	51035
facility would have had during that period if its occupancy rate	51036
had been ninety-five per cent.	51037

(V) "Provider" means an operator with a provider agreement.

51038

(W) "Provider agreement" means a contract between the	51039
department of job and family services and the operator of a	51040
nursing facility or intermediate care facility for the mentally	51041
retarded for the provision of nursing facility services or	51042
intermediate care facility services for the mentally retarded	51043
under the medicaid program.	51044

(X) "Purchased nursing services" means services that are	51045
provided in a nursing facility by registered nurses, licensed	51046
practical nurses, or nurse aides who are not employees of the	51047
facility.	51048

(Y) "Reasonable" means that a cost is an actual cost that is	51049
appropriate and helpful to develop and maintain the operation of	51050
patient care facilities and activities, including normal standby	51051
costs, and that does not exceed what a prudent buyer pays for a	51052
given item or services. Reasonable costs may vary from provider to	51053
provider and from time to time for the same provider.	51054

(Z) "Related party" means an individual or organization that,	51055
to a significant extent, has common ownership with, is associated	51056
or affiliated with, has control of, or is controlled by, the	51057
provider.	51058

(1) An individual who is a relative of an owner is a related	51059
party.	51060

(2) Common ownership exists when an individual or individuals	51061
possess significant ownership or equity in both the provider and	51062
the other organization. Significant ownership or equity exists	51063
when an individual or individuals possess five per cent ownership	51064
or equity in both the provider and a supplier. Significant	51065
ownership or equity is presumed to exist when an individual or	51066
individuals possess ten per cent ownership or equity in both the	51067
provider and another organization from which the provider	51068
purchases or leases real property.	51069

(3) Control exists when an individual or organization has the	51070
power, directly or indirectly, to significantly influence or	51071
direct the actions or policies of an organization.	51072

(4) An individual or organization that supplies goods or	51073
services to a provider shall not be considered a related party if	51074
all of the following conditions are met:	51075

(a) The supplier is a separate bona fide organization.

51076

(b) A substantial part of the supplier's business activity of	51077
the type carried on with the provider is transacted with others	51078
than the provider and there is an open, competitive market for the	51079
types of goods or services the supplier furnishes.	51080

(c) The types of goods or services are commonly obtained by	51081
other nursing facilities or intermediate care facilities for the	51082
mentally retarded from outside organizations and are not a basic	51083
element of patient care ordinarily furnished directly to patients	51084
by the facilities.	51085

(d) The charge to the provider is in line with the charge for	51086
the goods or services in the open market and no more than the	51087
charge made under comparable circumstances to others by the	51088
supplier.	51089

(AA) "Relative of owner" means an individual who is related	51090
to an owner of a nursing facility or intermediate care facility	51091
for the mentally retarded by one of the following relationships:	51092

(1) Spouse;

51093

(2) Natural parent, child, or sibling;

51094

(3) Adopted parent, child, or sibling;

51095

(4) Stepparent, stepchild, stepbrother, or stepsister;

51096

(5) Father-in-law, mother-in-law, son-in-law,	51097
daughter-in-law, brother-in-law, or sister-in-law;	51098

(6) Grandparent or grandchild;

51099

(7) Foster caregiver, foster child, foster brother, or foster	51100
sister.	51101

(BB) "Renovation" and "extensive renovation" mean:

51102

(1) Any betterment, improvement, or restoration of an	51103
intermediate care facility for the mentally retarded started	51104
before July 1, 1993, that meets the definition of a renovation or	51105
extensive renovation established in rules adopted by the director	51106
of job and family services in effect on December 22, 1992.	51107

(2) In the case of betterments, improvements, and	51108
restorations of intermediate care facilities for the mentally	51109
retarded started on or after July 1, 1993:	51110

(a) "Renovation" means the betterment, improvement, or	51111
restoration of an intermediate care facility for the mentally	51112
retarded beyond its current functional capacity through a	51113
structural change that costs at least five hundred dollars per	51114
bed. A renovation may include betterment, improvement,	51115
restoration, or replacement of assets that are affixed to the	51116
building and have a useful life of at least five years. A	51117
renovation may include costs that otherwise would be considered	51118
maintenance and repair expenses if they are an integral part of	51119
the structural change that makes up the renovation project.	51120
"Renovation" does not mean construction of additional space for	51121
beds that will be added to a facility's licensed or certified	51122
capacity.	51123

(b) "Extensive renovation" means a renovation that costs more	51124
than sixty-five per cent and no more than eighty-five per cent of	51125
the cost of constructing a new bed and that extends the useful	51126
life of the assets for at least ten years.	51127

For the purposes of division (BB)(2) of this section, the	51128
cost of constructing a new bed shall be considered to be forty	51129
thousand dollars, adjusted for the estimated rate of inflation	51130
from January 1, 1993, to the end of the calendar year during which	51131
the renovation is completed, using the consumer price index for	51132
shelter costs for all urban consumers for the north central	51133
region, as published by the United States bureau of labor	51134
statistics.	51135

The department of job and family services may treat a	51136
renovation that costs more than eighty-five per cent of the cost	51137
of constructing new beds as an extensive renovation if the	51138
department determines that the renovation is more prudent than	51139
construction of new beds.	51140

(CC) "Title XIX" means Title XIX of the "Social Security	51141
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	51142

(DD) "Title XVIII" means Title XVIII of the "Social Security	51143
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	51144

Sec. 5111.69. (A) In accordance with 42 C.F.R. 431.12, there	51145
is hereby created the medical care advisory council. The council	51146
shall advise the department of job and family services about	51147
health and medical care services for purposes of the medicaid	51148
program. The department shall grant the council the opportunity to	51149
participate in medicaid policy development and program	51150
administration.	51151

(B) The council shall consist of the following members:

51152

(1) Three individuals representing health professions,	51153
including one or more individuals representing board-certified	51154
physicians, who are familiar with the medical needs of low-income	51155
population groups and with the resources available and required	51156
for their care, one appointed by the president of the senate, one	51157
appointed by the speaker of the house of representatives, and one	51158
appointed by the governor;	51159

(2) Two individuals representing consumers' groups, including	51160
medicaid recipients and consumer organizations such as labor	51161
unions, one appointed by the president of the senate and one	51162
appointed by the speaker of the house of representatives;	51163

(3) Three individuals representing health insuring	51164
corporations that have entered into contracts with the department	51165
pursuant to section 5111.17 of the Revised Code, one appointed by	51166
the president of the senate, one appointed by the speaker of the	51167
house of representatives, and one appointed by the governor;	51168

(4) Two individuals representing the business community, one	51169
appointed by the president of the senate and one appointed by the	51170
speaker of the house of representatives;	51171

(5) One individual representing county departments of job and	51172
family services, appointed by the governor.	51173

(C) The members of the council shall serve at the pleasure of	51174
their appointing authorities. Vacancies shall be filled in the	51175
manner provided for original appointments.	51176

(D) At its first meeting, the council shall organize by	51177
electing a chairperson from among its members and adopting bylaws	51178
for its operation. The bylaws shall include provisions specifying	51179
the length of the term a member may serve as chairperson.	51180

Sec. 5111.70. (A) As used in sections 5111.70 to 5111.7011	51181
of the Revised Code:	51182

"Applicant" means an individual who applies to participate	51183
in the medicaid buy-in for workers with disabilities program.	51184

"Earned income" has the meaning established by rules adopted	51185
under section 5111.708 of the Revised Code.	51186

"Employed individual with a medically improved disability"	51187
has the same meaning as in 42 U.S.C. 1396d(v).	51188

"Family" means an applicant or participant and the spouse	51189
and dependent children of the applicant or participant. If an	51190
applicant or participant is under eighteen years of age, "family"	51191
also means the parents of the applicant or participant.	51192

"Federal poverty guidelines" has the same meaning as in	51193
section 5101.46 of the Revised Code.	51194

"Health insurance" has the meaning established by rules	51195
adopted under section 5111.708 of the Revised Code.	51196

"Income" means earned income and unearned income.

51197

"Participant" means an individual who has been determined	51198
eligible for the medicaid buy-in for workers with disabilities	51199
program and is participating in the program.	51200

"Resources" has the meaning established by rules adopted	51201
under section 5111.708 of the Revised Code.	51202

"Spouse" has the meaning established in rules adopted under	51203
section 5111.708 of the Revised Code.	51204

"Supplemental security income program" means the program	51205
established under Title XVI of the "Social Security Act," 86 Stat.	51206
1329 (1972), 42 U.S.C. 1381, as amended.	51207

"Medicaid buy-in for workers with disabilities program"	51208
means the component of the medicaid program established under	51209
sections 5111.70 to 5111.7011 of the Revised Code.	51210

"Unearned income" has the meaning established by rules	51211
adopted under section 5111.708 of the Revised Code.	51212

(B) Not later than one hundred eighty days after the	51213
effective date of this section, the director of job and family	51214
services shall submit to the United States secretary of health	51215
and human services an amendment to the state medicaid plan and	51216
any federal waiver necessary to establish the medicaid buy-in for	51217
workers with disabilities program in accordance with 42 U.S.C.	51218
1396a(a) (10)(A)(ii)(XV) and (XVI) and sections 5111.70 to	51219
5111.7011 of the Revised Code. The director shall implement	51220
sections 5111.701 to 5111.7011 of the Revised Code if the	51221
amendment and, if needed, federal waiver are approved.	51222

Sec. 5111.701. Under the medicaid buy-in for workers with	51223
disabilities program, an individual who does all of the following	51224
in accordance with rules adopted under section 5111.708 of the	51225
Revised Code qualifies for medical assistance under the medicaid	51226
program:	51227

(A) Applies for the medicaid buy-in for workers with	51228
disabilities program;	51229

(B) Provides satisfactory evidence of all of the following:

51230

(1) That the individual is at least sixteen years of age and	51231
under sixty-five years of age;	51232

(2) Except as provided in section 5111.706 of the Revised	51233
Code, that one of the following applies to the individual:	51234

(a) The individual is considered disabled for the purpose of	51235
the supplemental security income program, regardless of whether	51236
the individual receives supplemental security income benefits, and	51237
the individual has earnings from employment.	51238

(b) The individual is an employed individual with a medically	51239
improved disability.	51240

(3) That the value of the individual's resources, less	51241
amounts disregarded pursuant to rules adopted under section	51242
5111.708 of the Revised Code, does not exceed the amount provided	51243
for by section 5111.702 of the Revised Code;	51244

(4) That the individual's income, less amounts disregarded	51245
pursuant to section 5111.703 of the Revised Code, does not exceed	51246
two hundred fifty per cent of the federal poverty guidelines;	51247

(5) That the individual meets the additional eligibility	51248
requirements for the medicaid buy-in for workers with disabilities	51249
program that the director of job and family services establishes	51250
in rules adopted under section 5111.708 of the Revised Code.	51251

(C) To the extent required by section 5111.704 of the Revised	51252
Code, pays the premium established under that section.	51253

Sec. 5111.702. (A) Except as provided in division (B) of	51254
this section, the maximum value of resources, less amounts	51255
disregarded pursuant to rules adopted under section 5111.708 of	51256
the Revised Code, that an individual may have without the	51257
individual exceeding the resource eligibility limit for the	51258
medicaid buy-in for workers with disabilities program shall not	51259
exceed ten thousand dollars.	51260

(B) Each calendar year, the director of job and family	51261
services shall adjust the resource eligibility limit specified in	51262
division (A) of this section by the change in the consumer price	51263
index for all items for all urban consumers for the previous	51264
calendar year, as published by the United States bureau of labor	51265
statistics. The annual adjustment shall go into effect on the	51266
earliest date possible.	51267

Sec. 5111.703. For the purpose of determining whether an	51268
individual is within the income eligibility limit for the medicaid	51269
buy-in for workers with disabilities program, all of the	51270
following apply:	51271

(A) Twenty thousand dollars of the individual's earned	51272
income shall be disregarded.	51273

(B) No amount that the individual's employer pays to obtain	51274
health insurance for one or more members of the individual's	51275
family, including any amount of a premium established under	51276
section 5111.704 of the Revised Code that the employer pays,	51277
shall be treated as the individual's income.	51278

(C) Any other amounts, if any, specified in rules adopted	51279
under section 5111.708 of the Revised Code shall be disregarded	51280
from the individual's earned income, unearned income, or both.	51281

Sec. 5111.704. An individual whose income exceeds one	51282
hundred fifty per cent of the federal poverty guidelines shall	51283
pay an annual premium as a condition of qualifying for the	51284
medicaid buy-in for workers with disabilities program. The amount	51285
of the premium shall be determined as follows:	51286

(A) Subtract one hundred fifty per cent of the federal	51287
poverty guidelines, as applicable for a family size equal to the	51288
size of the individual's family, from the amount of the income of	51289
the individual's family;	51290

(B) Subtract an amount specified in rules adopted under	51291
section 5111.708 of the Revised Code from the difference	51292
determined under division (A) of this section;	51293

(C) Multiply the difference determined under division (B) of	51294
this section by one tenth.	51295

Sec. 5111.705. No individual shall be denied eligibility for	51296
the medicaid buy-in for workers with disabilities program on the	51297
basis that the individual receives services under a home and	51298
community-based services medicaid waiver component as defined in	51299
section 5111.851 of the Revised Code.	51300

Sec. 5111.706. An individual participating in the medicaid	51301
buy-in for workers with disabilities program may continue to	51302
participate in the program for up to six months even though the	51303
individual ceases to have earnings from employment or to be an	51304
employed individual with a medically improved disability due to	51305
ceasing to be employed if the individual continues to meet all	51306
other eligibility requirements for the program.	51307

Sec. 5111.707. If the United States secretary of health and	51308
human services requires that a provision in the amendment to the	51309
state medicaid plan or the federal waiver request submitted under	51310
section 5111.70 of the Revised Code be changed or removed in order	51311
for the secretary to approve the amendment or waiver or to avoid	51312
an extended delay in the secretary's approval, the director of job	51313
and family services shall make the change or removal. The change	51314
or removal may cause the medicaid buy-in for workers with	51315
disabilities program to include a provision that is inconsistent	51316
with sections 5111.70 to 5111.706 of the Revised Code. Such a	51317
change or removal shall be made only to the extent necessary to	51318
obtain the United States secretary's approval or avoid an extended	51319
delay in the secretary's approval and shall be reflected in rules	51320
adopted under section 5111.708 of the Revised Code.	51321

Sec. 5111.708. (A) The director of job and family services,	51322
after consulting with the medicaid buy-in advisory council, shall	51323
adopt rules in accordance with Chapter 119. of the Revised Code as	51324
necessary to implement the medicaid buy-in for workers with	51325
disabilities program. The rules shall do all of the following:	51326

(1) Specify assets, asset values, and amounts to be	51327
disregarded in determining asset and income eligibility limits for	51328
the program;	51329

(2) Establish meanings for the terms "earned income," "health	51330
insurance," "resources," "spouse," and "unearned income";	51331

(3) Establish additional eligibility requirements for the	51332
program that must be established for the United States secretary	51333
of health and human services to approve the program;	51334

(4) For the purpose of division (B) of section 5111.704 of	51335
the Revised Code, specify an amount to be subtracted from the	51336
difference determined under division (A) of that section.	51337

(B) The director, after consulting with the medicaid buy-in	51338
advisory council, may adopt rules in accordance with Chapter 119.	51339
of the Revised Code to specify amounts to be disregarded from an	51340
individual's earned income, unearned income, or both under	51341
division (C) of section 5111.703 of the Revised Code for the	51342
purpose of determining whether the individual is within the income	51343
eligibility limit for the medicaid buy-in for workers with	51344
disabilities program.	51345

Sec. 5111.709. (A) There is hereby created the medicaid	51346
buy-in advisory council. The council shall consist of all of the	51347
following:	51348

(1) The following voting members:

51349

(a) The executive director of assistive technology of Ohio or	51350
the executive director's designee;	51351

(b) The director of the axis center for public awareness of	51352
people with disabilities or the director's designee;	51353

(c) The executive director of the cerebral palsy association	51354
of Ohio or the executive director's designee;	51355

(d) The chief executive officer of Ohio advocates for mental	51356
health or the chief executive officer's designee;	51357

(e) The state director of the Ohio chapter of AARP or the	51358
state director's designee;	51359

(f) The director of the Ohio developmental disabilities	51360
council created under section 5123.35 of the Revised Code or the	51361
director's designee;	51362

(g) The executive director of the governor's council on	51363
people with disabilities created under section 3303.41 of the	51364
Revised Code or the executive director's designee;	51365

(h) The administrator of the legal rights service created	51366
under section 5123.60 of the Revised Code or the administrator's	51367
designee;	51368

(i) The chairperson of the Ohio Olmstead task force or the	51369
chairperson's designee;	51370

(j) The executive director of the Ohio statewide independent	51371
living council or the executive director's designee;	51372

(k) The president of the Ohio chapter of the national	51373
multiple sclerosis society or the president's designee;	51374

(l) The executive director of the arc of Ohio or the	51375
executive director's designee;	51376

(m) The executive director of the commission on minority	51377
health or the executive director's designee;	51378

(n) The executive director of the brain injury association of	51379
Ohio or the executive director's designee;	51380

(o) The executive officer of any other advocacy organization	51381
who volunteers to serve on the council, or such an executive	51382
officer's designee, if the other voting members, at a meeting	51383
called by the chairperson elected under division (C) of this	51384
section, determine it is appropriate for the advocacy organization	51385
to be represented on the council;	51386

(p) One or more participants who volunteer to serve on the	51387
council and are selected by the other voting members at a meeting	51388
the chairperson calls after the medicaid buy-in for workers with	51389
disabilities program is implemented.	51390

(2) The following non-voting members:

51391

(a) The director of job and family services or the director's	51392
designee;	51393

(b) The administrator of the rehabilitation services	51394
commission or the administrator's designee;	51395

(c) The director of alcohol and drug addiction services or	51396
the director's designee;	51397

(d) The director of mental retardation and developmental	51398
disabilities or the director's designee;	51399

(e) The director of mental health or the director's designee;

51400

(f) The executive officer of any other government entity, or	51401
the executive officer's designee, if the voting members, at a	51402
meeting called by the chairperson, determine it is appropriate for	51403
the government entity to be represented on the council.	51404

(B) All members of the medicaid buy-in advisory council shall	51405
serve without compensation or reimbursement, except as serving on	51406
the council is considered part of their usual job duties.	51407

(C) The voting members of the medicaid buy-in advisory	51408
council shall elect one of the members of the council to serve as	51409
the council's chairperson for a two-year term. The chairperson	51410
may be re-elected to successive terms.	51411

(D) The department of job and family services shall provide	51412
the Ohio medicaid buy-in advisory council with accommodations for	51413
the council to hold its meetings and shall provide the council	51414
with other administrative assistance the council needs to perform	51415
its duties.	51416

Sec. 5111.7010. The director of job and family services or	51417
the director's designee shall consult with the medicaid buy-in	51418
advisory council before adopting, amending, or rescinding any	51419
rules under section 5111.708 of the Revised Code governing the	51420
medicaid buy-in for workers with disabilities program.	51421

The director or designee shall meet at least quarterly with	51422
the council to discuss the program. At the meetings, the council	51423
may provide the director or designee with suggestions for	51424
improving the program and the director or designee shall provide	51425
the council with all of the following information:	51426

(A) The number of individuals who participated in the program	51427
the previous calendar quarter;	51428

(B) The cost of the program the previous calendar quarter;

51429

(C) The amount of revenue generated the previous quarter by	51430
premiums that participants pay under section 5111.704 of the	51431
Revised Code;	51432

(D) The average amount of earned income of participants'	51433
families;	51434

(E) The average amount of time participants have participated	51435
in the program;	51436

(F) The types of other health insurance participants have	51437
been able to obtain.	51438

Sec. 5111.7011. Not less than once each year, the director	51439
of job and family services shall submit a report on the medicaid	51440
buy-in for workers with disabilities program to the governor,	51441
speaker and minority leader of the house of representatives,	51442
president and minority leader of the senate, and chairpersons of	51443
the house and senate committees to which the biennial operating	51444
budget bill is referred. The report shall include all of the	51445
following information:	51446

(A) The number of individuals who participated in the	51447
medicaid buy-in for workers with disabilities program;	51448

(B) The cost of the program;

51449

(C) The amount of revenue generated by premiums that	51450
participants pay under section 5111.704 of the Revised Code;	51451

(D) The average amount of earned income of participants'	51452
families;	51453

(E) The average amount of time participants have participated	51454
in the program;	51455

(F) The types of other health insurance participants have	51456
been able to obtain.	51457

Sec. 5111.84. The director of job and family services may not	51458
submit a request to the United States secretary of health and	51459
human services for a medicaid waiver under section 1115 of the	51460
"Social Security Act of 1935," 42 U.S.C. 1315, unless the director	51461
provides the speaker of the house of representatives and president	51462
of the senate written notice of the director's intent to submit	51463
the request at least ten days before the date the director submits	51464
the request to the United States secretary. The notice shall	51465
include a detailed explanation of the medicaid waiver the director	51466
proposes to seek.	51467

Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855	51468
of the Revised Code:	51469

"Administrative agency" means, with respect to a home and	51470
community-based services medicaid waiver component, the department	51471
of job and family services or, if a state agency or political	51472
subdivision contracts with the department under section 5111.91 of	51473
the Revised Code to administer the component, that state agency or	51474
political subdivision.	51475

"Home and community-based services medicaid waiver component"	51476
means a medicaid waiver component under which home and	51477
community-based services are provided as an alternative to	51478
hospital, nursing facility, or intermediate care facility for the	51479
mentally retarded services.	51480

"Hospital" has the same meaning as in section 3727.01 of the	51481
Revised Code.	51482

"Intermediate care facility for the mentally retarded" has	51483
the same meaning as in section 5111.20 of the Revised Code.	51484

"Level of care determination" means a determination of	51485
whether an individual needs the level of care provided by a	51486
hospital, nursing facility, or intermediate care facility for the	51487
mentally retarded and whether the individual, if determined to	51488
need that level of care, would receive hospital, nursing facility,	51489
or intermediate care facility for the mentally retarded services	51490
if not for a home and community-based services medicaid waiver	51491
component.	51492

"Medicaid buy-in for workers with disabilities program" means	51493
the component of the medicaid program established under sections	51494
5111.70 to 5111.7011 of the Revised Code.	51495

"Nursing facility" has the same meaning as in section 5111.20	51496
of the Revised Code.	51497

"Skilled nursing facility" means a facility certified as a	51498
skilled nursing facility under Title XVIII of the "Social Security	51499
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	51500

(B) The following requirements apply to each home and	51501
community-based services medicaid waiver component:	51502

(1) Only an individual who qualifies for a component shall	51503
receive that component's services.	51504

(2) A level of care determination shall be made as part of	51505
the process of determining whether an individual qualifies for a	51506
component and shall be made each year after the initial	51507
determination if, during such a subsequent year, the	51508
administrative agency determines there is a reasonable indication	51509
that the individual's needs have changed.	51510

(3) A written plan of care or individual service plan based	51511
on an individual assessment of the services that an individual	51512
needs to avoid needing admission to a hospital, nursing facility,	51513
or intermediate care facility for the mentally retarded shall be	51514
created for each individual determined eligible for a component.	51515

(4) Each individual determined eligible for a component shall	51516
receive that component's services in accordance with the	51517
individual's level of care determination and written plan of care	51518
or individual service plan.	51519

(5) No individual may receive services under a component	51520
while the individual is a hospital inpatient or resident of a	51521
skilled nursing facility, nursing facility, or intermediate care	51522
facility for the mentally retarded.	51523

(6) No individual may receive prevocational, educational, or	51524
supported employment services under a component if the individual	51525
is eligible for such services that are funded with federal funds	51526
provided under 29 U.S.C. 730 or the "Individuals with Disabilities	51527
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.	51528

(7) Safeguards shall be taken to protect the health and	51529
welfare of individuals receiving services under a component,	51530
including safeguards established in rules adopted under section	51531
5111.85 of the Revised Code and safeguards established by	51532
licensing and certification requirements that are applicable to	51533
the providers of that component's services.	51534

(8) No services may be provided under a component by a	51535
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)	51536
requires be established if the provider fails to comply with the	51537
standards applicable to the provider.	51538

(9) Individuals determined to be eligible for a component, or	51539
such individuals' representatives, shall be informed of that	51540
component's services, including any choices that the individual or	51541
representative may make regarding the component's services, and	51542
given the choice of either receiving services under that component	51543
or, as appropriate, hospital, nursing facility, or intermediate	51544
care facility for the mentally retarded services.	51545

(10) No individual shall lose eligibility for services under	51546
a component, or have the services reduced or otherwise disrupted,	51547
on the basis that the individual also receives services under the	51548
medicaid buy-in for workers with disabilities program.	51549

(11) No individual shall lose eligibility for services under	51550
a component, or have the services reduced or otherwise disrupted,	51551
on the basis that the individual's income or resources increase to	51552
an amount above the eligibility limit for the component if the	51553
individual is participating in the medicaid buy-in for workers	51554
with disabilities program and the amount of the individual's	51555
income or resources does not exceed the eligibility limit for the	51556
medicaid buy-in for workers with disabilities program.	51557

(12) No individual receiving services under a component shall	51558
be required to pay any cost sharing expenses for the services for	51559
any period during which the individual also participates in the	51560
medicaid buy-in for workers with disabilities program.	51561

Sec. 5111.871. The department of job and family services	51562
shall enter into a contract with the department of mental	51563
retardation and developmental disabilities under section 5111.91	51564
of the Revised Code with regard to one or more of the components	51565
of the medicaid program established by the department of job and	51566
family services under one or more of the medicaid waivers sought	51567
under section 5111.87 of the Revised Code. The contract shall	51568
provide for the department of mental retardation and developmental	51569
disabilities to administer the components in accordance with the	51570
terms of the waivers. The directors of job and family services and	51571
mental retardation and developmental disabilities shall adopt	51572
rules in accordance with Chapter 119. of the Revised Code	51573
governing the components.	51574

If the department of mental retardation and developmental	51575
disabilities or the department of job and family services denies	51576
an individual's application for home and community-based services	51577
provided under any of these medicaid components, the department	51578
that denied the services shall give timely notice to the	51579
individual that the individual may request a hearing under section	51580
5101.35 of the Revised Code.	51581

The departments of mental retardation and developmental	51582
disabilities and job and family services may approve, reduce,	51583
deny, or terminate a service included in the individualized	51584
service plan developed for a medicaid recipient eligible for home	51585
and community-based services provided under any of these medicaid	51586
components. The departments shall consider the recommendations a	51587
county board of mental retardation and developmental disabilities	51588
makes under division (A)(1)(c) of section 5126.055 of the Revised	51589
Code. If either department approves, reduces, denies, or	51590
terminates a service, that department shall give timely notice to	51591
the medicaid recipient that the recipient may request a hearing	51592
under section 5101.35 of the Revised Code.	51593

If supported living ~~or residential services~~, as defined in	51594
section 5126.01 of the Revised Code, ~~are~~is to be provided as a	51595
service under any of these components, any person or government	51596
entity with a current, valid medicaid provider agreement and a	51597
current, valid ~~license under section 5123.19 or~~ certificate under	51598
section ~~5123.16 or 5126.431~~5123.161 of the Revised Code may	51599
provide the ~~services~~service.	51600

If a service is to be provided under any of these components	51601
by a residential facility, as defined in section 5123.19 of the	51602
Revised Code, any person or government entity with a current,	51603
valid medicaid provider agreement and a current, valid license	51604
under section 5123.19 of the Revised Code may provide the service.	51605

Sec. 5111.872. When the department of mental retardation and	51606
developmental disabilities allocates enrollment numbers to a	51607
county board of mental retardation and developmental disabilities	51608
for home and community-based services specified in division (B)(1)	51609
of section 5111.87 of the Revised Code and provided under any of	51610
the components of the medicaid program that the department	51611
administers under section 5111.871 of the Revised Code, the	51612
department shall consider all of the following:	51613

(A) The number of individuals with mental retardation or	51614
other developmental disability who are on a waiting list the	51615
county board establishes under division (C) of section 5126.042 of	51616
the Revised Code for those services and are given priority on the	51617
waiting list pursuant to division (D) or (E) of that section;	51618

(B) The implementation component required by division	51619
(A)~~(4)~~(3) of section 5126.054 of the Revised Code of the county	51620
board's plan approved under section 5123.046 of the Revised Code;	51621

(C) Anything else the department considers necessary to	51622
enable county boards to provide those services to individuals in	51623
accordance with the priority requirements of divisions (D) and (E)	51624
of section 5126.042 of the Revised Code.	51625

Sec. 5111.8814. An intermediate care facility for the	51626
mentally retarded that converts in whole to providing home and	51627
community-based services under the ICF/MR conversion pilot program	51628
shall either be licensed as a residential facility under section	51629
5123.19 of the Revised Code or certified to provide supported	51630
living under section ~~5126.431~~5123.161 of the Revised Code. If an	51631
intermediate care facility for the mentally retarded converts in	51632
part to providing such home and community-based services, the	51633
distinct part of the facility that provides the home and	51634
community-based services shall either be licensed as a residential	51635
facility under section 5123.19 of the Revised Code or certified to	51636
provide supported living under section ~~5126.431~~5123.161 of the	51637
Revised Code. The facility or distinct part of the facility shall	51638
be licensed as a residential facility rather than certified to	51639
provide supported living if it meets the definition of	51640
"residential facility" in section 5123.19 of the Revised Code.	51641

Sec. 5111.89. (A) As used in sections 5111.89 to ~~5111.893~~	51642
5111.894 of the Revised Code:	51643

"Area agency on aging" has the same meaning as in section	51644
173.14 of the Revised Code.	51645

"Assisted living program" means the medicaid waiver component	51646
for which the director of job and family services is authorized by	51647
this section to request a medicaid waiver.	51648

"Assisted living services" means the following home and	51649
community-based services: personal care, homemaker, chore,	51650
attendant care, companion, medication oversight, and therapeutic	51651
social and recreational programming.	51652

"County or district home" means a county or district home	51653
operated under Chapter 5155. of the Revised Code.	51654

"Long-term care consultation program" means the program the	51655
department of aging is required to develop under section 173.42 of	51656
the Revised Code.	51657

"Long-term care consultation program administrator" or	51658
"administrator" means the department of aging or, if the	51659
department contracts with an area agency on aging or other entity	51660
to administer the long-term care consultation program for a	51661
particular area, that agency or entity.	51662

"Medicaid waiver component" has the same meaning as in	51663
section 5111.85 of the Revised Code.	51664

"Nursing facility" has the same meaning as in section 5111.20	51665
of the Revised Code.	51666

"Residential care facility" has the same meaning as in	51667
section 3721.01 of the Revised Code.	51668

(B) The director of job and family services may submit a	51669
request to the United States secretary of health and human	51670
services under 42 U.S.C. 1396n to obtain a waiver of federal	51671
medicaid requirements that would otherwise be violated in the	51672
creation and implementation of a program under which assisted	51673
living services are provided to not more than one thousand eight	51674
hundred individuals who meet the program's eligibility	51675
requirements established under section 5111.891 of the Revised	51676
Code.	51677

If the secretary approves the medicaid waiver requested under	51678
this section and the director of budget and management approves	51679
the contract, the department of job and family services shall	51680
enter into a contract with the department of aging under section	51681
5111.91 of the Revised Code that provides for the department of	51682
aging to administer the assisted living program. The contract	51683
shall include an estimate of the program's costs.	51684

The director of job and family services may adopt rules under	51685
section 5111.85 of the Revised Code regarding the assisted living	51686
program. The director of aging may adopt rules under Chapter 119.	51687
of the Revised Code regarding the program that the rules adopted	51688
by the director of job and family services authorize the director	51689
of aging to adopt.	51690

Sec. 5111.891. To be eligible for the assisted living	51691
program, an individual must meet all of the following	51692
requirements:	51693

(A) Need an intermediate level of care as determined under	51694
rule 5101:3-3-06 of the Administrative Code;	51695

(B) At the time the individual applies for the assisted	51696
living program, be one of the following:	51697

(1) A nursing facility resident who is seeking to move to a	51698
residential care facility and would remain in a nursing facility	51699
for long term care if not for the assisted living program;	51700

(2) A participant of any of the following medicaid waiver	51701
components who would move to a nursing facility if not for the	51702
assisted living program:	51703

(a) The PASSPORT program created under section 173.40 of the	51704
Revised Code;	51705

(b) The medicaid waiver component called the choices program	51706
that the department of aging administers;	51707

(c) A medicaid waiver component that the department of job	51708
and family services administers.	51709

(3) A resident of a residential care facility who has resided	51710
in a residential care facility for at least six months immediately	51711
before the date the individual applies for the assisted living	51712
program.	51713

(C) At the time the individual receives assisted living	51714
services under the assisted living program, reside in a	51715
residential care facility, including both of the following:	51716

(1) A residential care facility that is owned or operated by	51717
a metropolitan housing authority that has a contract with the	51718
United States department of housing and urban development to	51719
receive an operating subsidy or rental assistance for the	51720
residents of the facility;	51721

(2) A county or district home licensed as a residential care	51722
facility.	51723

(D) Meet all other eligibility requirements for the assisted	51724
living program established in rules adopted under section 5111.85	51725
of the Revised Code.	51726

Sec. 5111.894. When an area agency on aging determines that	51727
an individual who is eligible for the medicaid program and resides	51728
in the area that the area agency on aging serves has been admitted	51729
to a nursing facility, the agency shall notify the long-term care	51730
consultation program administrator serving the area in which the	51731
individual resides about the determination. The administrator	51732
shall determine whether the assisted living program is appropriate	51733
for the individual and whether the individual would rather	51734
participate in the assisted living program than continue residing	51735
in the nursing facility. If the administrator determines that the	51736
assisted living program is appropriate for the individual and the	51737
individual would rather participate in the assisted living program	51738
than continue residing in the nursing facility, the administrator	51739
shall provide the individual or individual's representative	51740
information about how to apply for the assisted living program and	51741
whether there is a waiting list for the assisted living program.	51742

Sec. 5112.341. (A) In addition to assessing a penalty	51743
pursuant to section 5112.34 of the Revised Code, the department of	51744
job and family services may do ~~either~~any of the following if an	51745
intermediate care facility for the mentally retarded fails to pay	51746
the full amount of a franchise permit fee installment when due:	51747

(1) Withhold an amount less than or equal to the installment	51748
and penalty assessed under section 5112.34 of the Revised Code	51749
from a medicaid payment due the facility until the facility pays	51750
the installment and penalty;	51751

(2) Offset an amount less than or equal to the installment	51752
and penalty assessed under section 5112.34 of the Revised Code	51753
from a Medicaid payment due the nursing facility or hospital;	51754

(3) Terminate the facility's medicaid provider agreement.

51755

(B) The department may ~~withhold~~offset a medicaid payment	51756
under division (A)~~(1)~~ of this section without providing notice to	51757
the intermediate care facility for the mentally retarded and	51758
without conducting an adjudication under Chapter 119. of the	51759
Revised Code.	51760

Sec. 5115.12. (A) The director of job and family services	51761
shall adopt rules in accordance with section 111.15 of the Revised	51762
Code governing the disability medical assistance program. The	51763
rules may establish or specify any or all of the following:	51764

(1) Income, resource, citizenship, age, residence, living	51765
arrangement, and other eligibility requirements;	51766

(2) Health services to be included in the program;

51767

(3) The maximum authorized amount, scope, duration, or limit	51768
of payment for services;	51769

(4) Limits on the length of time an individual may receive	51770
disability medical assistance;	51771

(5) Limits on the total number of individuals in the state	51772
who may receive disability medical assistance;	51773

(6) Limits on the number and types of providers eligible to	51774
be reimbursed for services provided to individuals enrolled in the	51775
program.	51776

(B) For purposes of limiting the cost of the disability	51777
medical assistance program, the director may do either of the	51778
following:	51779

(1) Adopt rules in accordance with section 111.15 of the	51780
Revised Code that revise the program's eligibility requirements;	51781
the maximum authorized amount, scope, duration, or limit of	51782
payment for services included in the program; or any other	51783
requirement or standard established or specified by rules adopted	51784
under division (A) of this section or under section 5115.10 of the	51785
Revised Code;	51786

(2) Suspend acceptance of applications for disability medical	51787
assistance. While a suspension is in effect, no person shall	51788
receive a determination or redetermination of eligibility for	51789
disability medical assistance unless the person was receiving the	51790
assistance during the month immediately preceding the suspension's	51791
effective date or the person submitted an application prior to the	51792
suspension's effective date and receives a determination of	51793
eligibility based on that application. The director may adopt	51794
rules in accordance with section 111.15 of the Revised Code	51795
establishing requirements and specifying procedures applicable to	51796
the suspension of acceptance of applications.	51797

Sec. 5119.611. (A) A community mental health agency that	51798
seeks certification of its community mental health services shall	51799
submit an application to the director of mental health. On receipt	51800
of the application, the director may visit and shall evaluate the	51801
agency to determine whether its services satisfy the standards	51802
established by rules adopted under division ~~(D)~~(C) of this	51803
section. The director shall make the evaluation, and, if the	51804
director visits the agency, shall make the visit, in cooperation	51805
with the board of alcohol, drug addiction, and mental health	51806
services with which the agency seeks to contract under division	51807
(A)(8)(a) of section 340.03 of the Revised Code.	51808

~~Subject to divisions (B) and (C) of this section~~If the	51809
director determines that a community mental health agency's	51810
services satisfy the standards and the agency has paid the fee	51811
required under division (B) of this section, the director shall	51812
certify ~~a community mental health agency's~~the services ~~that the~~	51813
~~director determines satisfy the standards~~.	51814

If the director determines that a community mental health	51815
agency's services do not satisfy the standards, the director shall	51816
identify the areas of noncompliance, specify what action is	51817
necessary to satisfy the standards, and offer technical assistance	51818
to the board of alcohol, drug addiction, and mental health	51819
services so that the board may assist the agency in satisfying the	51820
standards. The director shall give the agency a reasonable time	51821
within which to demonstrate that its services satisfy the	51822
standards or to bring the services into compliance with the	51823
standards. If the director concludes that the services continue to	51824
fail to satisfy the standards, the director may request that the	51825
board reallocate the funds for the community mental health	51826
services the agency was to provide to another community mental	51827
health agency whose community mental health services satisfy the	51828
standards. If the board does not reallocate those funds in a	51829
reasonable period of time, the director may withhold state and	51830
federal funds for the community mental health services and	51831
allocate those funds directly to a community mental health agency	51832
whose community mental health services satisfy the standards.	51833

(B) Each community mental health agency seeking certification	51834
of its community mental health services under this section shall	51835
pay a fee for the certification review required by this section.	51836
Fees shall be paid into the sale of goods and services fund	51837
created pursuant to section 5119.161 of the Revised Code.	51838

(C) ~~The director may certify a community mental health~~	51839
~~service only if the service is for individuals whose focus of~~	51840
~~treatment is a mental disorder according to the edition of the~~	51841
~~American psychiatric association's diagnostic and statistical~~	51842
~~manual of mental disorders that is current at the time the~~	51843
~~director issues the certification, including such services for~~	51844
~~individuals who have a mental disorder and a co-occurring~~	51845
~~substance use disorder, substance induced disorder, chronic~~	51846
~~dementing organic mental disorder, mental retardation, or~~	51847
~~developmental disability. The director may not certify a service~~	51848
~~that is for individuals whose focus of treatment is solely a~~	51849
~~substance use disorder, substance-induced disorder, chronic~~	51850
~~dementing organic mental disorder, mental retardation, or~~	51851
~~developmental disability.~~	51852

~~(D)~~ The director shall adopt rules in accordance with Chapter	51853
119. of the Revised Code to implement this section. The rules	51854
shall do all of the following:	51855

(1) Establish certification standards for community mental	51856
health services, including assertive community treatment and	51857
intensive home-based mental health services, that are consistent	51858
with nationally recognized applicable standards and facilitate	51859
participation in federal assistance programs. The rules shall	51860
include as certification standards only requirements that improve	51861
the quality of services or the health and safety of clients of	51862
community mental health services. The standards shall address at a	51863
minimum all of the following:	51864

(a) Reporting major unusual incidents to the director;

51865

(b) Procedures for applicants for and clients of community	51866
mental health services to file grievances and complaints;	51867

51868

(d) Restraint;

51869

(e) Development of written policies addressing the rights of	51870
clients, including all of the following:	51871

(i) The right to a copy of the written policies addressing	51872
client rights;	51873

(ii) The right at all times to be treated with consideration	51874
and respect for the client's privacy and dignity;	51875

(iii) The right to have access to the client's own	51876
psychiatric, medical, or other treatment records unless access is	51877
specifically restricted in the client's treatment plan for clear	51878
treatment reasons;	51879

(iv) The right to have a client rights officer provided by	51880
the agency or board of alcohol, drug addiction, and mental health	51881
services advise the client of the client's rights, including the	51882
client's rights under Chapter 5122. of the Revised Code if the	51883
client is committed to the agency or board.	51884

(2) Establish standards for qualifications of mental health	51885
professionals as defined in section 340.02 of the Revised Code and	51886
personnel who provide the community mental health services;	51887

(3) Establish the process for certification of community	51888
mental health services;	51889

(4) Set the amount of certification review fees based on a	51890
portion of the cost of performing the review;	51891

(5) Specify the type of notice and hearing to be provided	51892
prior to a decision on whether to reallocate funds.	51893

Sec. 5123.01. As used in this chapter:

51894

(A) "Chief medical officer" means the licensed physician	51895
appointed by the managing officer of an institution for the	51896
mentally retarded with the approval of the director of mental	51897
retardation and developmental disabilities to provide medical	51898
treatment for residents of the institution.	51899

(B) "Chief program director" means a person with special	51900
training and experience in the diagnosis and management of the	51901
mentally retarded, certified according to division (C) of this	51902
section in at least one of the designated fields, and appointed by	51903
the managing officer of an institution for the mentally retarded	51904
with the approval of the director to provide habilitation and care	51905
for residents of the institution.	51906

(C) "Comprehensive evaluation" means a study, including a	51907
sequence of observations and examinations, of a person leading to	51908
conclusions and recommendations formulated jointly, with	51909
dissenting opinions if any, by a group of persons with special	51910
training and experience in the diagnosis and management of persons	51911
with mental retardation or a developmental disability, which group	51912
shall include individuals who are professionally qualified in the	51913
fields of medicine, psychology, and social work, together with	51914
such other specialists as the individual case may require.	51915

(D) "Education" means the process of formal training and	51916
instruction to facilitate the intellectual and emotional	51917
development of residents.	51918

(E) "Habilitation" means the process by which the staff of	51919
the institution assists the resident in acquiring and maintaining	51920
those life skills that enable the resident to cope more	51921
effectively with the demands of the resident's own person and of	51922
the resident's environment and in raising the level of the	51923
resident's physical, mental, social, and vocational efficiency.	51924
Habilitation includes but is not limited to programs of formal,	51925
structured education and training.	51926

(F) "Health officer" means any public health physician,	51927
public health nurse, or other person authorized or designated by a	51928
city or general health district.	51929

(G) "Home and community-based services" means medicaid-funded	51930
home and community-based services specified in division (B)(1) of	51931
section 5111.87 of the Revised Code provided under the medicaid	51932
waiver components the department of mental retardation and	51933
developmental disabilities administers pursuant to section	51934
5111.871 of the Revised Code.	51935

(H) "Indigent person" means a person who is unable, without	51936
substantial financial hardship, to provide for the payment of an	51937
attorney and for other necessary expenses of legal representation,	51938
including expert testimony.	51939

(I) "Institution" means a public or private facility, or a	51940
part of a public or private facility, that is licensed by the	51941
appropriate state department and is equipped to provide	51942
residential habilitation, care, and treatment for the mentally	51943
retarded.	51944

(J) "Licensed physician" means a person who holds a valid	51945
certificate issued under Chapter 4731. of the Revised Code	51946
authorizing the person to practice medicine and surgery or	51947
osteopathic medicine and surgery, or a medical officer of the	51948
government of the United States while in the performance of the	51949
officer's official duties.	51950

(K) "Managing officer" means a person who is appointed by the	51951
director of mental retardation and developmental disabilities to	51952
be in executive control of an institution for the mentally	51953
retarded under the jurisdiction of the department.	51954

(L) "Medicaid" has the same meaning as in section 5111.01 of	51955
the Revised Code.	51956

(M) "Medicaid case management services" means case management	51957
services provided to an individual with mental retardation or	51958
other developmental disability that the state medicaid plan	51959
requires.	51960

(N) "Mentally retarded person" means a person having	51961
significantly subaverage general intellectual functioning existing	51962
concurrently with deficiencies in adaptive behavior, manifested	51963
during the developmental period.	51964

(O) "Mentally retarded person subject to institutionalization	51965
by court order" means a person eighteen years of age or older who	51966
is at least moderately mentally retarded and in relation to whom,	51967
because of the person's retardation, either of the following	51968
conditions exist:	51969

(1) The person represents a very substantial risk of physical	51970
impairment or injury to self as manifested by evidence that the	51971
person is unable to provide for and is not providing for the	51972
person's most basic physical needs and that provision for those	51973
needs is not available in the community;	51974

(2) The person needs and is susceptible to significant	51975
habilitation in an institution.	51976

(P) "A person who is at least moderately mentally retarded"	51977
means a person who is found, following a comprehensive evaluation,	51978
to be impaired in adaptive behavior to a moderate degree and to be	51979
functioning at the moderate level of intellectual functioning in	51980
accordance with standard measurements as recorded in the most	51981
current revision of the manual of terminology and classification	51982
in mental retardation published by the American association on	51983
mental retardation.	51984

(Q) As used in this division, "substantial functional	51985
limitation," "developmental delay," and "established risk" have	51986
the meanings established pursuant to section 5123.011 of the	51987
Revised Code.	51988

"Developmental disability" means a severe, chronic disability	51989
that is characterized by all of the following:	51990

(1) It is attributable to a mental or physical impairment or	51991
a combination of mental and physical impairments, other than a	51992
mental or physical impairment solely caused by mental illness as	51993
defined in division (A) of section 5122.01 of the Revised Code.	51994

(2) It is manifested before age twenty-two.

51995

(3) It is likely to continue indefinitely.

51996

(4) It results in one of the following:

51997

(a) In the case of a person under three years of age, at	51998
least one developmental delay or an established risk;	51999

(b) In the case of a person at least three years of age but	52000
under six years of age, at least two developmental delays or an	52001
established risk;	52002

(c) In the case of a person six years of age or older, a	52003
substantial functional limitation in at least three of the	52004
following areas of major life activity, as appropriate for the	52005
person's age: self-care, receptive and expressive language,	52006
learning, mobility, self-direction, capacity for independent	52007
living, and, if the person is at least sixteen years of age,	52008
capacity for economic self-sufficiency.	52009

(5) It causes the person to need a combination and sequence	52010
of special, interdisciplinary, or other type of care, treatment,	52011
or provision of services for an extended period of time that is	52012
individually planned and coordinated for the person.	52013

(R) "Developmentally disabled person" means a person with a	52014
developmental disability.	52015

(S) "State institution" means an institution that is	52016
tax-supported and under the jurisdiction of the department.	52017

(T) "Residence" and "legal residence" have the same meaning	52018
as "legal settlement," which is acquired by residing in Ohio for a	52019
period of one year without receiving general assistance prior to	52020
July 17, 1995, under former Chapter 5113. of the Revised Code,	52021
financial assistance under Chapter 5115. of the Revised Code, or	52022
assistance from a private agency that maintains records of	52023
assistance given. A person having a legal settlement in the state	52024
shall be considered as having legal settlement in the assistance	52025
area in which the person resides. No adult person coming into this	52026
state and having a spouse or minor children residing in another	52027
state shall obtain a legal settlement in this state as long as the	52028
spouse or minor children are receiving public assistance, care, or	52029
support at the expense of the other state or its subdivisions. For	52030
the purpose of determining the legal settlement of a person who is	52031
living in a public or private institution or in a home subject to	52032
licensing by the department of job and family services, the	52033
department of mental health, or the department of mental	52034
retardation and developmental disabilities, the residence of the	52035
person shall be considered as though the person were residing in	52036
the county in which the person was living prior to the person's	52037
entrance into the institution or home. Settlement once acquired	52038
shall continue until a person has been continuously absent from	52039
Ohio for a period of one year or has acquired a legal residence in	52040
another state. A woman who marries a man with legal settlement in	52041
any county immediately acquires the settlement of her husband. The	52042
legal settlement of a minor is that of the parents, surviving	52043
parent, sole parent, parent who is designated the residential	52044
parent and legal custodian by a court, other adult having	52045
permanent custody awarded by a court, or guardian of the person of	52046
the minor, provided that:	52047

(1) A minor female who marries shall be considered to have	52048
the legal settlement of her husband and, in the case of death of	52049
her husband or divorce, she shall not thereby lose her legal	52050
settlement obtained by the marriage.	52051

(2) A minor male who marries, establishes a home, and who has	52052
resided in this state for one year without receiving general	52053
assistance prior to July 17, 1995, under former Chapter 5113. of	52054
the Revised Code, financial assistance under Chapter 5115. of the	52055
Revised Code, or assistance from a private agency that maintains	52056
records of assistance given shall be considered to have obtained a	52057
legal settlement in this state.	52058

(3) The legal settlement of a child under eighteen years of	52059
age who is in the care or custody of a public or private child	52060
caring agency shall not change if the legal settlement of the	52061
parent changes until after the child has been in the home of the	52062
parent for a period of one year.	52063

No person, adult or minor, may establish a legal settlement	52064
in this state for the purpose of gaining admission to any state	52065
institution.	52066

(U)(1) "Resident" means, subject to division (R)(2) of this	52067
section, a person who is admitted either voluntarily or	52068
involuntarily to an institution or other facility pursuant to	52069
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	52070
Code subsequent to a finding of not guilty by reason of insanity	52071
or incompetence to stand trial or under this chapter who is under	52072
observation or receiving habilitation and care in an institution.	52073

(2) "Resident" does not include a person admitted to an	52074
institution or other facility under section 2945.39, 2945.40,	52075
2945.401, or 2945.402 of the Revised Code to the extent that the	52076
reference in this chapter to resident, or the context in which the	52077
reference occurs, is in conflict with any provision of sections	52078
2945.37 to 2945.402 of the Revised Code.	52079

(V) "Respondent" means the person whose detention,	52080
commitment, or continued commitment is being sought in any	52081
proceeding under this chapter.	52082

(W) "Working day" and "court day" mean Monday, Tuesday,	52083
Wednesday, Thursday, and Friday, except when such day is a legal	52084
holiday.	52085

(X) "Prosecutor" means the prosecuting attorney, village	52086
solicitor, city director of law, or similar chief legal officer	52087
who prosecuted a criminal case in which a person was found not	52088
guilty by reason of insanity, who would have had the authority to	52089
prosecute a criminal case against a person if the person had not	52090
been found incompetent to stand trial, or who prosecuted a case in	52091
which a person was found guilty.	52092

(Y) "Court" means the probate division of the court of common	52093
pleas.	52094

(Z) "Supported living" has the same meaning as in section	52095
5126.01 of the Revised Code.	52096

Sec. 5123.012. (A) As used in this section:

52097

(1) "Biological risk" and "environmental risk" have the	52098
meanings established pursuant to section 5123.011 of the Revised	52099
Code.	52100

(2) "~~Handicapped preschool~~Preschool child with a disability"	52101
has the same meaning as in section 3323.01 of the Revised Code.	52102

(B) Except as provided in division (C) of this section, the	52103
department of mental retardation and developmental disabilities	52104
shall make eligibility determinations in accordance with the	52105
definition of "developmental disability" in section 5123.01 of the	52106
Revised Code. The department may adopt rules in accordance with	52107
Chapter 119. of the Revised Code establishing eligibility for	52108
programs and services for either of the following:	52109

(1) Individuals under age six who have a biological risk or	52110
environmental risk of a developmental delay;	52111

(2) Any ~~handicapped~~ preschool child with a disability	52112
eligible for services under section 3323.02 of the Revised Code	52113
whose ~~handicap~~disability is not attributable solely to mental	52114
illness as defined in section 5122.01 of the Revised Code.	52115

(C)(1) The department shall make determinations of	52116
eligibility for protective services in accordance with sections	52117
5123.55 to 5123.59 of the Revised Code.	52118

(2) Determinations of whether a mentally retarded person is	52119
subject to institutionalization by court order shall be made in	52120
accordance with sections 5123.71 to 5123.76 of the Revised Code	52121
and shall be based on the definition of "mentally retarded person	52122
subject to institutionalization by court order" in section 5123.01	52123
of the Revised Code.	52124

(3) All persons who were eligible for services and enrolled	52125
in programs offered by the department of mental retardation and	52126
developmental disabilities pursuant to this chapter on July 1,	52127
1991, shall continue to be eligible for those services and to be	52128
enrolled in those programs as long as they are in need of	52129
services.	52130

Sec. 5123.033. The program fee fund is hereby created in the	52131
state treasury. All fees collected pursuant to sections 5123.161,	52132
5123.164, 5123.19, and 5126.25 of the Revised Code shall be	52133
credited to the fund. Money credited to the fund shall be used	52134
solely for the department of mental retardation and developmental	52135
disabilities' duties under sections 5123.16 to 5123.169, 5123.19,	52136
and 5126.25 of the Revised Code and to provide continuing	52137
education and professional training to employees of county boards	52138
of mental retardation and developmental disabilities for the	52139
purpose of section 5126.25 of the Revised Code and other providers	52140
of services to individuals with mental retardation or a	52141
developmental disability. If the money credited to the fund is	52142
inadequate to pay all of the department's costs in performing	52143
those duties and providing the continuing education and	52144
professional training, the department may use other available	52145
funds appropriated to the department to pay the remaining costs of	52146
performing those duties and providing the continuing education and	52147
professional training.	52148

Sec. 5123.043. (A) The director of mental retardation and	52149
developmental disabilities shall adopt rules establishing	52150
procedures for administrative resolution of complaints filed under	52151
division (B) of this section and section 5126.06 of the Revised	52152
Code. The rules shall be adopted in accordance with Chapter 119.	52153
of the Revised Code.	52154

(B) Except as provided in division (C) of this section, any	52155
person or county board of mental retardation and developmental	52156
disabilities that has a complaint involving any of the programs,	52157
services, policies, or administrative practices of the department	52158
of mental retardation and developmental disabilities or any of the	52159
entities under contract with the department, may file a complaint	52160
with the department. Prior to commencing a civil action regarding	52161
the complaint, a person or county board shall attempt to have the	52162
complaint resolved through the administrative resolution process	52163
established in the rules adopted under this section. After	52164
exhausting the administrative resolution process, the person or	52165
county board may commence a civil action if the complaint is not	52166
settled to the person's or county board's satisfaction.	52167

(C) An employee of the department may not file under this	52168
section a complaint related to the terms and conditions of	52169
employment for the employee.	52170

~~(D) This section does not apply to a conflict between a~~	52171
~~county board of mental retardation and developmental disabilities~~	52172
~~and a person or government entity that provides or seeks to~~	52173
~~provide services to an individual with mental retardation or other~~	52174
~~developmental disability. Section 5126.036 of the Revised Code~~	52175
~~applies to such a conflict.~~	52176

Sec. 5123.045. No person or government entity shall receive	52177
payment for providing home and community-based services unless the	52178
person or government entity is one of the following:	52179

(A) Certified under section ~~5123.16~~5123.161 of the Revised	52180
Code;	52181

(B) Licensed as a residential facility under section 5123.19	52182
of the Revised Code.	52183

Sec. 5123.046. The department of mental retardation and	52184
developmental disabilities shall review each component of the	52185
three-calendar-year plan it receives from a county board of mental	52186
retardation and developmental disabilities under section 5126.054	52187
of the Revised Code and, in consultation with the department of	52188
job and family services and office of budget and management,	52189
approve each component that includes all the information and	52190
conditions specified in that section. The ~~fourth~~third component	52191
of the plan shall be approved or disapproved not later than	52192
forty-five days after the ~~fourth~~third component is submitted to	52193
the department ~~under division (B)(3) of section 5126.054 of the~~	52194
~~Revised Code~~. If the department approves all ~~four~~three components	52195
of the plan, the plan is approved. Otherwise, the plan is	52196
disapproved. If the plan is disapproved, the department shall take	52197
action against the county board under division (B) of section	52198
5126.056 of the Revised Code.	52199

In approving plans under this section, the department shall	52200
ensure that the aggregate of all plans provide for the increased	52201
enrollment into home and community-based services during each	52202
state fiscal year of at least five hundred individuals who did not	52203
receive residential services, supported living, or home and	52204
community-based services the prior state fiscal year if the	52205
department has enough additional enrollment available for this	52206
purpose.	52207

The department shall establish protocols that the department	52208
shall use to determine whether a county board is complying with	52209
the programmatic and financial accountability mechanisms and	52210
achieving outcomes specified in its approved plan. If the	52211
department determines that a county board is not in compliance	52212
with the mechanisms or achieving the outcomes specified in its	52213
approved plan, the department may take action under division (F)	52214
of section 5126.055 of the Revised Code.	52215

Sec. 5123.047. ~~(A)~~ The department of mental retardation and	52216
developmental disabilities shall pay the nonfederal share of	52217
medicaid expenditures for medicaid case management services ~~if the~~	52218
~~services are provided to an individual with mental retardation or~~	52219
~~other developmental disability who a county board of mental~~	52220
~~retardation and developmental disabilities has determined under~~	52221
~~section 5126.041 of the Revised Code is not eligible for county~~	52222
~~board services.~~	52223

~~(B) The department shall pay the nonfederal share of medicaid~~	52224
~~expenditures for~~and home and community-based services ~~if any of~~	52225
~~the following apply:~~	52226

~~(1) The services are provided to an individual with mental~~	52227
~~retardation or other developmental disability who a county board~~	52228
~~has determined under section 5126.041 of the Revised Code is not~~	52229
~~eligible for county board services;~~	52230

~~(2) The services are provided to an individual with mental~~	52231
~~retardation or other developmental disability given priority for~~	52232
~~the services pursuant to division (D)(3) of section 5126.042 of~~	52233
~~the Revised Code. The department shall pay the nonfederal share of~~	52234
~~medicaid expenditures for home and community-based services~~	52235
~~provided to such an individual for as long as the individual~~	52236
~~continues to be eligible for and receive the services, regardless~~	52237
~~of whether the services are provided after June 30, 2003.~~	52238

~~(3) An agreement entered into under section 5123.048 of the~~	52239
~~Revised Code requires that the department pay the nonfederal share~~	52240
~~of medicaid expenditures for the services~~for which no county	52241
board of mental retardation and developmental disabilities is	52242
required by section 5126.059 or 5126.0510 of the Revised Code to	52243
pay.	52244

Sec. 5123.048. The director of mental retardation and	52245
developmental disabilities may enter into an agreement with a	52246
county board of mental retardation and developmental disabilities	52247
under which the department of mental retardation and developmental	52248
disabilities is to pay the nonfederal share of medicaid	52249
expenditures for one or more of the home and community-based	52250
services ~~provided to individuals with mental retardation or other~~	52251
~~developmental disability residing in the county served by~~that the	52252
county board would, if not for the agreement, be required by	52253
section 5126.0510 of the Revised Code to pay. The agreement shall	52254
specify which home and community-based services the agreement	52255
covers. The department shall pay the nonfederal share of medicaid	52256
expenditures for the home and community-based services that the	52257
agreement covers as long as the agreement is in effect.	52258

Sec. 5123.049. The director of mental retardation and	52259
developmental disabilities shall adopt rules in accordance with	52260
Chapter 119. of the Revised Code governing the authorization and	52261
payment of home and community-based services and medicaid case	52262
management services. The rules shall provide for private providers	52263
of the services to receive one hundred per cent of the medicaid	52264
allowable payment amount and for government providers of the	52265
services to receive the federal share of the medicaid allowable	52266
payment, less the amount withheld as a fee under section 5123.0412	52267
of the Revised Code and any amount that may be required by rules	52268
adopted under section 5123.0413 of the Revised Code to be	52269
deposited into the state MR/DD risk fund. The rules shall	52270
establish the process by which county boards of mental retardation	52271
and developmental disabilities shall certify and provide the	52272
nonfederal share of medicaid expenditures that the county board is	52273
required by ~~division (A) of section 5126.057~~sections 5126.059 and	52274
5126.0510 of the Revised Code to pay. The process shall require a	52275
county board to certify that the county board has funding	52276
available at one time for two months costs for those expenditures.	52277
The process may permit a county board to certify that the county	52278
board has funding available at one time for more than two months	52279
costs for those expenditures.	52280

Sec. 5123.0411. The department of mental retardation and	52281
developmental disabilities may bring a mandamus action against a	52282
county board of mental retardation and developmental disabilities	52283
that fails to pay the nonfederal share of medicaid expenditures	52284
that the county board is required by ~~division (A) of section~~	52285
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code to	52286
pay. The department may bring the mandamus action in the court of	52287
common pleas of the county served by the county board or in the	52288
Franklin county court of common pleas.	52289

Sec. 5123.0414. (A) When the director of mental retardation	52290
and developmental disabilities, under section 119.07 of the	52291
Revised Code, sends a party a notice by registered mail, return	52292
receipt requested, that the director intends to take action	52293
against the party authorized by section 5123.082, 5123.166,	52294
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised	52295
Code and the notice is returned to the director with an	52296
endorsement indicating that the notice was refused or unclaimed,	52297
the director shall resend the notice by ordinary mail to the	52298
party.	52299

(B) If the original notice was refused, the notice shall be	52300
deemed received as of the date the director resends the notice.	52301

(C) If the original notice was unclaimed, the notice shall be	52302
deemed received as of the date the director resends the notice	52303
unless, not later than thirty days after the date the director	52304
sent the original notice, the resent notice is returned to the	52305
director for failure of delivery.	52306

If the notice concerns taking action under section 5123.51 of	52307
the Revised Code and the resent notice is returned to the director	52308
for failure of delivery not later than thirty days after the date	52309
the director sent the original notice, the director shall cause	52310
the notice to be published in a newspaper of general circulation	52311
in the county of the party's last known residence or business and	52312
shall mail a dated copy of the published notice to the party at	52313
the last known address. The notice shall be deemed received as of	52314
the date of the publication.	52315

If the notice concerns taking action under section 5123.082,	52316
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	52317
Code and the resent notice is returned to the director for failure	52318
of delivery not later than thirty days after the date the director	52319
sent the original notice, the director shall resend the notice to	52320
the party a second time. The notice shall be deemed received as of	52321
the date the director resends the notice the second time.	52322

Sec. 5123.0415. As used in this section, "license" means a	52323
license, certificate, or evidence of registration.	52324

Each person and government entity that applies for or holds a	52325
valid license issued under section 5123.082, 5123.161, 5123.19,	52326
5123.45, 5126.25, or 5126.252 of the Revised Code shall notify the	52327
director of mental retardation and developmental disabilities of	52328
any change in the person or government entity's address.	52329

Sec. 5123.0416. (A) Subject to the availability of funds	52330
appropriated to the department of mental retardation and	52331
developmental disabilities for medicaid waiver state match, the	52332
department shall expend, in fiscal year 2009 and each fiscal year	52333
thereafter, not less than the amount appropriated in appropriation	52334
item 322-416, medicaid waiver – state match, in fiscal year 2008	52335
to do both of the following:	52336

(1) Pay the nonfederal share of medicaid expenditures for	52337
home and community-based services that section 5123.047 of the	52338
Revised Code requires the department to pay;	52339

(2) Assist county boards of mental retardation and	52340
developmental disabilities in paying the nonfederal share of	52341
medicaid expenditures for home and community-based services that	52342
section 5126.0510 of the Revised Code requires county boards to	52343
pay.	52344

(B) The department shall make the expenditures required by	52345
division (A)(2) of this section in the form of allocations to	52346
county boards or by other means. If the department makes the	52347
expenditures in the form of allocations, the process for making	52348
the allocations shall conform to a process the department shall	52349
establish after consulting with representatives of county boards.	52350

Sec. 5123.051. (A) If the department of mental retardation	52351
and developmental disabilities determines pursuant to an audit	52352
conducted under section 5123.05 of the Revised Code or a	52353
reconciliation conducted under section 5123.18 ~~or 5123.199~~ of the	52354
Revised Code that money is owed the state by a provider of a	52355
service or program, the department may enter into a payment	52356
agreement with the provider. The agreement shall include the	52357
following:	52358

(1) A schedule of installment payments whereby the money owed	52359
the state is to be paid in full within a period not to exceed one	52360
year;	52361

(2) A provision that the provider may pay the entire balance	52362
owed at any time during the term of the agreement;	52363

(3) A provision that if any installment is not paid in full	52364
within forty-five days after it is due, the entire balance owed is	52365
immediately due and payable;	52366

(4) Any other terms and conditions that are agreed to by the	52367
department and the provider.	52368

(B) The department may include a provision in a payment	52369
agreement that requires the provider to pay interest on the money	52370
owed the state. The department, in its discretion, shall determine	52371
whether to require the payment of interest and, if it so requires,	52372
the rate of interest. Neither the obligation to pay interest nor	52373
the rate of interest is subject to negotiation between the	52374
department and the provider.	52375

(C) If the provider fails to pay any installment in full	52376
within forty-five days after its due date, the department shall	52377
certify the entire balance owed to the attorney general for	52378
collection under section 131.02 of the Revised Code. The	52379
department may withhold funds from payments made to a provider	52380
under section 5123.18 ~~or 5123.199~~ of the Revised Code to satisfy a	52381
judgment secured by the attorney general.	52382

(D) The purchase of service fund is hereby created. Money	52383
credited to the fund shall be used solely for purposes of section	52384
5123.05 of the Revised Code.	52385

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of	52386
the Revised Code:	52387

(1) "Provider" means a person or government entity certified	52388
by the director of mental retardation and developmental	52389
disabilities to provide supported living.	52390

(2) "Related party" means any of the following:

52391

(a) In the case of a provider who is an individual, any of	52392
the following:	52393

(i) The spouse of the provider;

52394

(ii) A parent or stepparent of the provider or provider's	52395
spouse;	52396

(iii) A child of the provider or provider's spouse;

52397

(iv) A sibling, half sibling, or stepsibling of the provider	52398
or provider's spouse;	52399

(v) A grandparent of the provider or provider's spouse;

52400

(vi) A grandchild of the provider or provider's spouse;

52401

(vii) An employee or employer of the provider or provider's	52402
spouse.	52403

(b) In the case of a provider that is a person other than an	52404
individual, any of the following:	52405

(i) An employee of the person;

52406

(ii) An officer of the provider, including the chief	52407
executive officer, president, vice-president, secretary, and	52408
treasurer;	52409

(iii) A member of the provider's board of directors or	52410
trustees;	52411

(iv) A person owning a financial interest of five per cent or	52412
more in the provider;	52413

(v) A corporation that has a subsidiary relationship with the	52414
provider;	52415

(vi) A person or government entity that has control over the	52416
provider's day-to-day operation;	52417

(vii) A person over which the provider has control of the	52418
day-to-day operation.	52419

(c) In the case of a provider that is a government entity,	52420
any of the following:	52421

(i) An employee of the provider;

52422

(ii) An officer of the provider;

52423

(iii) A member of the provider's governing board;

52424

(iv) A government entity that has control over the provider's	52425
day-to-day operation;	52426

(v) A person or government entity over which the provider has	52427
control of the day-to-day operation.	52428

(B) No person or government entity may provide supported	52429
living without a valid supported living certificate issued by the	52430
director of mental retardation and developmental disabilities.	52431

(C) A county board of mental retardation and developmental	52432
disabilities may provide supported living only to the extent	52433
permitted by rules adopted under section 5123.169 of the Revised	52434
Code.	52435

Sec. 5123.161. A person or government entity that seeks to	52436
provide supported living shall apply to the director of mental	52437
retardation and developmental disabilities for a supported living	52438
certificate.	52439

Except as provided in section 5123.166 of the Revised Code,	52440
the director shall issue the applicant a supported living	52441
certificate if the applicant follows the application process	52442
established in rules adopted under section 5123.169 of the Revised	52443
Code, meets the applicable certification standards established in	52444
those rules, and pays the certification fee established in those	52445
rules.	52446

Sec. 5123.162. The director of mental retardation and	52447
developmental disabilities may conduct surveys of persons and	52448
government entities that seek a supported living certificate to	52449
determine whether the persons and government entities meet the	52450
certification standards. The director may also conduct surveys of	52451
providers to determine whether the providers continue to meet the	52452
certification standards. The director shall conduct the surveys in	52453
accordance with rules adopted under section 5123.169 of the	52454
Revised Code.	52455

The records of surveys conducted under this section are	52456
public records for the purpose of section 149.43 of the Revised	52457
Code and shall be made available on the request of any person or	52458
government entity.	52459

Sec. 5123.163. A supported living certificate is valid for a	52460
period of time established in rules adopted under section 5123.169	52461
of the Revised Code, unless any of the following occur before the	52462
end of that period of time:	52463

(A) The director of mental retardation and developmental	52464
disabilities issues an order requiring that action be taken	52465
against the certificate holder under section 5123.166 of the	52466
Revised Code.	52467

(B) The director issues an order terminating the certificate	52468
under section 5123.168 of the Revised Code.	52469

(C) The certificate holder voluntarily surrenders the	52470
certificate to the director.	52471

Sec. 5123.164. Except as provided in section 5123.166 of the	52472
Revised Code, the director of mental retardation and developmental	52473
disabilities shall renew a supported living certificate if the	52474
certificate holder follows the renewal process established in	52475
rules adopted under section 5123.169 of the Revised Code,	52476
continues to meet the applicable certification standards	52477
established in those rules, and pays the renewal fee established	52478
in those rules.	52479

Sec. 5123.165. (A) Except as provided in division (B) of	52480
this section, no person or government entity may provide supported	52481
living to an individual with mental retardation or a developmental	52482
disability if the person or government entity also provides the	52483
individual a residence.	52484

(B) A person may provide supported living to an individual	52485
with mental retardation or a developmental disability even though	52486
the person also provides the individual a residence if either of	52487
the following apply:	52488

(1) The person also resides in the residence with the	52489
individual and does not provide at any one time supported living	52490
to more than a total of three individuals with mental retardation	52491
or a developmental disability who reside in that residence;	52492

(2) The person is an association of family members related to	52493
two or more of the individuals with mental retardation or a	52494
developmental disability who reside in the residence and does not	52495
provide at any one time supported living to more than a total of	52496
four individuals with mental retardation or a developmental	52497
disability who reside in that residence.	52498

Sec. 5123.166. (A) If good cause exists as specified in	52499
division (B) of this section and determined in accordance with	52500
procedures established in rules adopted under section 5123.169 of	52501
the Revised Code, the director of mental retardation and	52502
developmental disabilities may issue an adjudication order	52503
requiring that one of the following actions be taken against a	52504
person or government entity seeking or holding a supported living	52505
certificate:	52506

(1) Refusal to issue or renew a supported living certificate;

52507

(2) Revocation of a supported living certificate;

52508

(3) Suspension of a supported living certificate holder's	52509
authority to do either or both of the following:	52510

(a) Continue to provide supported living to one or more	52511
individuals from one or more counties who receive supported living	52512
from the certificate holder at the time the director takes the	52513
action;	52514

(b) Begin to provide supported living to one or more	52515
individuals from one or more counties who do not receive supported	52516
living from the certificate holder at the time the director takes	52517
the action.	52518

(B) The following constitute good cause for taking action	52519
under division (A) of this section against a person or government	52520
entity seeking or holding a supported living certificate:	52521

(1) The person or government entity's failure to meet or	52522
continue to meet the applicable certification standards	52523
established in rules adopted under section 5123.169 of the Revised	52524
Code;	52525

(2) The person or government entity violates section 5123.165	52526
of the Revised Code;	52527

(3) The person or government entity's failure to satisfy the	52528
requirements of section 5123.52, 5126.28, or 5126.281 of the	52529
Revised Code;	52530

(4) Misfeasance;

52531

(5) Malfeasance;

52532

(6) Nonfeasance;

52533

(7) Confirmed abuse or neglect;

52534

(8) Financial irresponsibility;

52535

(9) Other conduct the director determines is or would be	52536
injurious to individuals who receive or would receive supported	52537
living from the person or government entity.	52538

(C) Except as provided in division (D) of this section, the	52539
director shall issue an adjudication order under division (A) of	52540
this section in accordance with Chapter 119. of the Revised Code.	52541

(D)(1) The director may issue an order requiring that action	52542
specified in division (A)(3) of this section be taken before a	52543
provider is provided notice and an opportunity for a hearing if	52544
all of the following are the case:	52545

(a) The director determines such action is warranted by the	52546
provider's failure to continue to meet the applicable	52547
certification standards;	52548

(b) The director determines that the failure either	52549
represents a pattern of serious noncompliance or creates a	52550
substantial risk to the health or safety of an individual who	52551
receives or would receive supported living from the provider;	52552

(c) If the order will suspend the provider's authority to	52553
continue to provide supported living to an individual who receives	52554
supported living from the provider at the time the director issues	52555
the order, both of the following are the case:	52556

(i) The director makes the individual, or the individual's	52557
guardian, aware of the director's determination under division	52558
(D)(1)(b) of this section and the individual or guardian does not	52559
select another provider.	52560

(ii) A county board of mental retardation and developmental	52561
disabilities has filed a complaint with a probate court under	52562
section 5123.33 of the Revised Code that includes facts describing	52563
the nature of abuse or neglect that the individual has suffered	52564
due to the provider's actions that are the basis for the director	52565
making the determination under division (D)(1)(b) of this section	52566
and the probate court does not issue an order authorizing the	52567
county board to arrange services for the individual pursuant to an	52568
individualized service plan developed for the individual under	52569
section 5123.31 of the Revised Code.	52570

(2) If the director issues an order under division (D)(1) of	52571
this section, sections 119.091 to 119.13 of the Revised Code and	52572
all of the following apply:	52573

(a) The director shall send the provider notice of the order	52574
by registered mail, return receipt requested, not later than	52575
twenty-four hours after issuing the order and shall include in the	52576
notice the reasons for the order, the citation to the law or rule	52577
directly involved, and a statement that the provider will be	52578
afforded a hearing if the provider requests it within ten days of	52579
the time of receiving the notice.	52580

(b) If the provider requests a hearing within the required	52581
time and the provider has provided the director the provider's	52582
current address, the director shall immediately set, and notify	52583
the provider of, the date, time, and place for the hearing.	52584

(c) The date of the hearing shall be not later than thirty	52585
days after the director receives the provider's timely request for	52586
the hearing.	52587

(d) The hearing shall be conducted in accordance with section	52588
119.09 of the Revised Code, except for all of the following:	52589

(i) The hearing shall continue uninterrupted until its close,	52590
except for weekends, legal holidays, and other interruptions the	52591
provider and director agree to.	52592

(ii) If the director appoints a referee or examiner to	52593
conduct the hearing, the referee or examiner, not later than ten	52594
days after the date the referee or examiner receives a transcript	52595
of the testimony and evidence presented at the hearing or, if the	52596
referee or examiner does not receive the transcript or no such	52597
transcript is made, the date that the referee or examiner closes	52598
the record of the hearing, shall submit to the director a written	52599
report setting forth the referee or examiner's findings of fact	52600
and conclusions of law and a recommendation of the action the	52601
director should take.	52602

(iii) The provider may, not later than five days after the	52603
date the director, in accordance with section 119.09 of the	52604
Revised Code, sends the provider or the provider's attorney or	52605
other representative of record a copy of the referee or examiner's	52606
report and recommendation, file with the director written	52607
objections to the report and recommendation.	52608

(iv) The director shall approve, modify, or disapprove the	52609
referee or examiner's report and recommendation not earlier than	52610
six days, and not later than fifteen days, after the date the	52611
director, in accordance with section 119.09 of the Revised Code,	52612
sends a copy of the report and recommendation to the provider or	52613
the provider's attorney or other representative of record.	52614

(3) The director may lift an order issued under division	52615
(D)(1) of this section even though a hearing regarding the order	52616
is occurring or pending if the director determines that the	52617
provider has taken action eliminating the good cause for issuing	52618
the order. The hearing shall proceed unless the provider withdraws	52619
the request for the hearing in a written letter to the director.	52620

(4) The director shall lift an order issued under division	52621
(D)(1) of this section if both of the following are the case:	52622

(a) The provider provides the director a plan of compliance	52623
the director determines is acceptable.	52624

(b) The director determines that the provider has implemented	52625
the plan of compliance correctly.	52626

Sec. 5123.167. If the director of mental retardation and	52627
developmental disabilities issues an adjudication order under	52628
section 5123.166 of the Revised Code refusing to issue a supported	52629
living certificate to a person or government entity or to renew a	52630
person or government entity's supported living certificate,	52631
neither the person or government entity nor a related party of the	52632
person or government entity may apply for another supported living	52633
certificate earlier than the date that is one year after the date	52634
the order is issued. If the director issues an adjudication order	52635
under that section revoking a person or government entity's	52636
supported living certificate, neither the person or government	52637
entity nor a related party of the person or government entity may	52638
apply for another supported living certificate earlier than the	52639
date that is five years after the date the order is issued.	52640

Sec. 5123.168. The director of mental retardation and	52641
developmental disabilities may issue an adjudication order in	52642
accordance with Chapter 119. of the Revised Code to terminate a	52643
supported living certificate if the certificate holder has not	52644
billed for supported living for twelve consecutive months.	52645

Sec. 5123.169. The director of mental retardation and	52646
developmental disabilities shall adopt rules under Chapter 119. of	52647
the Revised Code establishing all of the following:	52648

(A) The extent to which a county board of mental retardation	52649
and developmental disabilities may provide supported living;	52650

(B) The application process for obtaining a supported living	52651
certificate under section 5123.161 of the Revised Code;	52652

(C) The certification standards a person or government entity	52653
must meet to obtain a supported living certificate to provide	52654
supported living;	52655

(D) The certification fee for a supported living certificate,	52656
which shall be deposited into the program fee fund created under	52657
section 5123.033 of the Revised Code;	52658

(E) The period of time a supported living certificate is	52659
valid;	52660

(F) The process for renewing a supported living certificate	52661
under section 5123.164 of the Revised Code;	52662

(G) The renewal fee for a supported living certificate, which	52663
shall be deposited into the program fee fund created under section	52664
5123.033 of the Revised Code;	52665

(H) Procedures for conducting surveys under section 5123.162	52666
of the Revised Code;	52667

(I) Procedures for determining whether there is good cause to	52668
take action under section 5123.166 of the Revised Code against a	52669
person or government entity seeking or holding a supported living	52670
certificate.	52671

Sec. 5123.19. (A) As used in this section and in sections	52672
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	52673
Code:	52674

(1)(a) "Residential facility" means a home or facility in	52675
which a mentally retarded or developmentally disabled person	52676
resides, except the home of a relative or legal guardian in which	52677
a mentally retarded or developmentally disabled person resides, a	52678
respite care home certified under section 5126.05 of the Revised	52679
Code, a county home or district home operated pursuant to Chapter	52680
5155. of the Revised Code, or a dwelling in which the only	52681
mentally retarded or developmentally disabled residents are in an	52682
independent living arrangement or are being provided supported	52683
living.	52684

(b) "Intermediate care facility for the mentally retarded"	52685
means a residential facility that is considered an intermediate	52686
care facility for the mentally retarded for the purposes of	52687
Chapter 5111. of the Revised Code.	52688

(2) "Political subdivision" means a municipal corporation,	52689
county, or township.	52690

(3) "Independent living arrangement" means an arrangement in	52691
which a mentally retarded or developmentally disabled person	52692
resides in an individualized setting chosen by the person or the	52693
person's guardian, which is not dedicated principally to the	52694
provision of residential services for mentally retarded or	52695
developmentally disabled persons, and for which no financial	52696
support is received for rendering such service from any	52697
governmental agency by a provider of residential services.	52698

(4) ~~"Supported living" has the same meaning as in section~~	52699
~~5126.01 of the Revised Code.~~	52700

~~(5)~~ "Licensee" means the person or government agency that has	52701
applied for a license to operate a residential facility and to	52702
which the license was issued under this section.	52703

(5) "Related party" has the same meaning as in section	52704
5123.16 of the Revised Code except that "provider" as used in the	52705
definition of "related party" means a person or government entity	52706
that held or applied for a license to operate a residential	52707
facility, rather than a person or government entity certified to	52708
provide supported living.	52709

(B) Every person or government agency desiring to operate a	52710
residential facility shall apply for licensure of the facility to	52711
the director of mental retardation and developmental disabilities	52712
unless the residential facility is subject to section 3721.02,	52713
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	52714
Chapter 3721. of the Revised Code, a nursing home that is	52715
certified as an intermediate care facility for the mentally	52716
retarded under Title XIX of the "Social Security Act," 79 Stat.	52717
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	52718
licensure of the portion of the home that is certified as an	52719
intermediate care facility for the mentally retarded.	52720

(C) Subject to section 5123.196 of the Revised Code, the	52721
director of mental retardation and developmental disabilities	52722
shall license the operation of residential facilities. An initial	52723
license shall be issued for a period that does not exceed one	52724
year, unless the director denies the license under division (D) of	52725
this section. A license shall be renewed for a period that does	52726
not exceed three years, unless the director refuses to renew the	52727
license under division (D) of this section. The director, when	52728
issuing or renewing a license, shall specify the period for which	52729
the license is being issued or renewed. A license remains valid	52730
for the length of the licensing period specified by the director,	52731
unless the license is terminated, revoked, or voluntarily	52732
surrendered.	52733

(D) If it is determined that an applicant or licensee is not	52734
in compliance with a provision of this chapter that applies to	52735
residential facilities or the rules adopted under such a	52736
provision, the director may deny issuance of a license, refuse to	52737
renew a license, terminate a license, revoke a license, issue an	52738
order for the suspension of admissions to a facility, issue an	52739
order for the placement of a monitor at a facility, issue an order	52740
for the immediate removal of residents, or take any other action	52741
the director considers necessary consistent with the director's	52742
authority under this chapter regarding residential facilities. In	52743
the director's selection and administration of the sanction to be	52744
imposed, all of the following apply:	52745

(1) The director may deny, refuse to renew, or revoke a	52746
license, if the director determines that the applicant or licensee	52747
has demonstrated a pattern of serious noncompliance or that a	52748
violation creates a substantial risk to the health and safety of	52749
residents of a residential facility.	52750

(2) The director may terminate a license if more than twelve	52751
consecutive months have elapsed since the residential facility was	52752
last occupied by a resident or a notice required by division	52753
~~(J)~~(K) of this section is not given.	52754

(3) The director may issue an order for the suspension of	52755
admissions to a facility for any violation that may result in	52756
sanctions under division (D)(1) of this section and for any other	52757
violation specified in rules adopted under division ~~(G)~~(H)(2) of	52758
this section. If the suspension of admissions is imposed for a	52759
violation that may result in sanctions under division (D)(1) of	52760
this section, the director may impose the suspension before	52761
providing an opportunity for an adjudication under Chapter 119. of	52762
the Revised Code. The director shall lift an order for the	52763
suspension of admissions when the director determines that the	52764
violation that formed the basis for the order has been corrected.	52765

(4) The director may order the placement of a monitor at a	52766
residential facility for any violation specified in rules adopted	52767
under division ~~(G)~~(H)(2) of this section. The director shall lift	52768
the order when the director determines that the violation that	52769
formed the basis for the order has been corrected.	52770

(5) If the director determines that two or more residential	52771
facilities owned or operated by the same person or government	52772
entity are not being operated in compliance with a provision of	52773
this chapter that applies to residential facilities or the rules	52774
adopted under such a provision, and the director's findings are	52775
based on the same or a substantially similar action, practice,	52776
circumstance, or incident that creates a substantial risk to the	52777
health and safety of the residents, the director shall conduct a	52778
survey as soon as practicable at each residential facility owned	52779
or operated by that person or government entity. The director may	52780
take any action authorized by this section with respect to any	52781
facility found to be operating in violation of a provision of this	52782
chapter that applies to residential facilities or the rules	52783
adopted under such a provision.	52784

(6) When the director initiates license revocation	52785
proceedings, no opportunity for submitting a plan of correction	52786
shall be given. The director shall notify the licensee by letter	52787
of the initiation of the proceedings. The letter shall list the	52788
deficiencies of the residential facility and inform the licensee	52789
that no plan of correction will be accepted. The director shall	52790
also ~~notify each affected resident, the resident's guardian if the~~	52791
~~resident is an adult for whom a guardian has been appointed, the~~	52792
~~resident's parent or guardian if the resident is a minor, and the~~	52793
~~county board of mental retardation and developmental disabilities~~	52794
send a copy of the letter to the county board of mental	52795
retardation and developmental disabilities. The county board shall	52796
send a copy of the letter to each of the following:	52797

(a) Each resident who receives services from the licensee;

52798

(b) The guardian of each resident who receives services from	52799
the licensee if the resident has a guardian;	52800

(c) The parent or guardian of each resident who receives	52801
services from the licensee if the resident is a minor.	52802

(7) Pursuant to rules which shall be adopted in accordance	52803
with Chapter 119. of the Revised Code, the director may order the	52804
immediate removal of residents from a residential facility	52805
whenever conditions at the facility present an immediate danger of	52806
physical or psychological harm to the residents.	52807

(8) In determining whether a residential facility is being	52808
operated in compliance with a provision of this chapter that	52809
applies to residential facilities or the rules adopted under such	52810
a provision, or whether conditions at a residential facility	52811
present an immediate danger of physical or psychological harm to	52812
the residents, the director may rely on information obtained by a	52813
county board of mental retardation and developmental disabilities	52814
or other governmental agencies.	52815

(9) In proceedings initiated to deny, refuse to renew, or	52816
revoke licenses, the director may deny, refuse to renew, or revoke	52817
a license regardless of whether some or all of the deficiencies	52818
that prompted the proceedings have been corrected at the time of	52819
the hearing.	52820

(E) The director shall establish a program under which public	52821
notification may be made when the director has initiated license	52822
revocation proceedings or has issued an order for the suspension	52823
of admissions, placement of a monitor, or removal of residents.	52824
The director shall adopt rules in accordance with Chapter 119. of	52825
the Revised Code to implement this division. The rules shall	52826
establish the procedures by which the public notification will be	52827
made and specify the circumstances for which the notification must	52828
be made. The rules shall require that public notification be made	52829
if the director has taken action against the facility in the	52830
eighteen-month period immediately preceding the director's latest	52831
action against the facility and the latest action is being taken	52832
for the same or a substantially similar violation of a provision	52833
of this chapter that applies to residential facilities or the	52834
rules adopted under such a provision. The rules shall specify a	52835
method for removing or amending the public notification if the	52836
director's action is found to have been unjustified or the	52837
violation at the residential facility has been corrected.	52838

(F)(1) Except as provided in division (F)(2) of this section,	52839
appeals from proceedings initiated to impose a sanction under	52840
division (D) of this section shall be conducted in accordance with	52841
Chapter 119. of the Revised Code.	52842

(2) Appeals from proceedings initiated to order the	52843
suspension of admissions to a facility shall be conducted in	52844
accordance with Chapter 119. of the Revised Code, unless the order	52845
was issued before providing an opportunity for an adjudication, in	52846
which case all of the following apply:	52847

(a) The licensee may request a hearing not later than ten	52848
days after receiving the notice specified in section 119.07 of the	52849
Revised Code.	52850

(b) If a timely request for a hearing that includes the	52851
licensee's current address is made, the hearing shall commence not	52852
later than thirty days after the department receives the request.	52853

(c) After commencing, the hearing shall continue	52854
uninterrupted, except for Saturdays, Sundays, and legal holidays,	52855
unless other interruptions are agreed to by the licensee and the	52856
director.	52857

(d) If the hearing is conducted by a hearing examiner, the	52858
hearing examiner shall file a report and recommendations not later	52859
than ten days after the last of the following:	52860

(i) The close of the hearing;

52861

(ii) If a transcript of the proceedings is ordered, the	52862
hearing examiner receives the transcript;	52863

(iii) If post-hearing briefs are timely filed, the hearing	52864
examiner receives the briefs.	52865

(e) A copy of the written report and recommendation of the	52866
hearing examiner shall be sent, by certified mail, to the licensee	52867
and the licensee's attorney, if applicable, not later than five	52868
days after the report is filed.	52869

(f) Not later than five days after the hearing examiner files	52870
the report and recommendations, the licensee may file objections	52871
to the report and recommendations.	52872

~~(f)~~(g) Not later than fifteen days after the hearing examiner	52873
files the report and recommendations, the director shall issue an	52874
order approving, modifying, or disapproving the report and	52875
recommendations.	52876

~~(g)~~(h) Notwithstanding the pendency of the hearing, the	52877
director shall lift the order for the suspension of admissions	52878
when the director determines that the violation that formed the	52879
basis for the order has been corrected.	52880

(G) Neither a person or government agency whose application	52881
for a license to operate a residential facility is denied nor a	52882
related party of the person or government agency may apply for a	52883
license to operate a residential facility before the date that is	52884
one year after the date of the denial. Neither a licensee whose	52885
residential facility license is revoked nor a related party of the	52886
licensee may apply for a residential facility license before the	52887
date that is five years after the date of the revocation.	52888

(H) In accordance with Chapter 119. of the Revised Code, the	52889
director shall adopt and may amend and rescind rules for licensing	52890
and regulating the operation of residential facilities, including	52891
intermediate care facilities for the mentally retarded. The rules	52892
for intermediate care facilities for the mentally retarded may	52893
differ from those for other residential facilities. The rules	52894
shall establish and specify the following:	52895

(1) Procedures and criteria for issuing and renewing	52896
licenses, including procedures and criteria for determining the	52897
length of the licensing period that the director must specify for	52898
each license when it is issued or renewed;	52899

(2) Procedures and criteria for denying, refusing to renew,	52900
terminating, and revoking licenses and for ordering the suspension	52901
of admissions to a facility, placement of a monitor at a facility,	52902
and the immediate removal of residents from a facility;	52903

(3) Fees for issuing and renewing licenses, which shall be	52904
deposited into the program fee fund created under section 5123.033	52905
of the Revised Code;	52906

(4) Procedures for surveying residential facilities;

52907

(5) Requirements for the training of residential facility	52908
personnel;	52909

(6) Classifications for the various types of residential	52910
facilities;	52911

(7) Certification procedures for licensees and management	52912
contractors that the director determines are necessary to ensure	52913
that they have the skills and qualifications to properly operate	52914
or manage residential facilities;	52915

(8) The maximum number of persons who may be served in a	52916
particular type of residential facility;	52917

(9) Uniform procedures for admission of persons to and	52918
transfers and discharges of persons from residential facilities;	52919

(10) Other standards for the operation of residential	52920
facilities and the services provided at residential facilities;	52921

(11) Procedures for waiving any provision of any rule adopted	52922
under this section.	52923

~~(H)~~(I) Before issuing a license, the director of the	52924
department or the director's designee shall conduct a survey of	52925
the residential facility for which application is made. The	52926
director or the director's designee shall conduct a survey of each	52927
licensed residential facility at least once during the period the	52928
license is valid and may conduct additional inspections as needed.	52929
A survey includes but is not limited to an on-site examination and	52930
evaluation of the residential facility, its personnel, and the	52931
services provided there.	52932

In conducting surveys, the director or the director's	52933
designee shall be given access to the residential facility; all	52934
records, accounts, and any other documents related to the	52935
operation of the facility; the licensee; the residents of the	52936
facility; and all persons acting on behalf of, under the control	52937
of, or in connection with the licensee. The licensee and all	52938
persons on behalf of, under the control of, or in connection with	52939
the licensee shall cooperate with the director or the director's	52940
designee in conducting the survey.	52941

Following each survey, unless the director initiates a	52942
license revocation proceeding, the director or the director's	52943
designee shall provide the licensee with a report listing any	52944
deficiencies, specifying a timetable within which the licensee	52945
shall submit a plan of correction describing how the deficiencies	52946
will be corrected, and, when appropriate, specifying a timetable	52947
within which the licensee must correct the deficiencies. After a	52948
plan of correction is submitted, the director or the director's	52949
designee shall approve or disapprove the plan. A copy of the	52950
report and any approved plan of correction shall be provided to	52951
any person who requests it.	52952

The director shall initiate disciplinary action against any	52953
department employee who notifies or causes the notification to any	52954
unauthorized person of an unannounced survey of a residential	52955
facility by an authorized representative of the department.	52956

~~(I)~~(J) In addition to any other information which may be	52957
required of applicants for a license pursuant to this section, the	52958
director shall require each applicant to provide a copy of an	52959
approved plan for a proposed residential facility pursuant to	52960
section 5123.042 of the Revised Code. This division does not apply	52961
to renewal of a license.	52962

~~(J)~~(K) A licensee shall notify the owner of the building in	52963
which the licensee's residential facility is located of any	52964
significant change in the identity of the licensee or management	52965
contractor before the effective date of the change if the licensee	52966
is not the owner of the building.	52967

Pursuant to rules which shall be adopted in accordance with	52968
Chapter 119. of the Revised Code, the director may require	52969
notification to the department of any significant change in the	52970
ownership of a residential facility or in the identity of the	52971
licensee or management contractor. If the director determines that	52972
a significant change of ownership is proposed, the director shall	52973
consider the proposed change to be an application for development	52974
by a new operator pursuant to section 5123.042 of the Revised Code	52975
and shall advise the applicant within sixty days of the	52976
notification that the current license shall continue in effect or	52977
a new license will be required pursuant to this section. If the	52978
director requires a new license, the director shall permit the	52979
facility to continue to operate under the current license until	52980
the new license is issued, unless the current license is revoked,	52981
refused to be renewed, or terminated in accordance with Chapter	52982
119. of the Revised Code.	52983

~~(K)~~(L) A county board of mental retardation and developmental	52984
disabilities, the legal rights service, and any interested person	52985
may file complaints alleging violations of statute or department	52986
rule relating to residential facilities with the department. All	52987
complaints shall be in writing and shall state the facts	52988
constituting the basis of the allegation. The department shall not	52989
reveal the source of any complaint unless the complainant agrees	52990
in writing to waive the right to confidentiality or until so	52991
ordered by a court of competent jurisdiction.	52992

The department shall adopt rules in accordance with Chapter	52993
119. of the Revised Code establishing procedures for the receipt,	52994
referral, investigation, and disposition of complaints filed with	52995
the department under this division.	52996

~~(L)~~(M) The department shall establish procedures for the	52997
notification of interested parties of the transfer or interim care	52998
of residents from residential facilities that are closing or are	52999
losing their license.	53000

~~(M)~~(N) Before issuing a license under this section to a	53001
residential facility that will accommodate at any time more than	53002
one mentally retarded or developmentally disabled individual, the	53003
director shall, by first class mail, notify the following:	53004

(1) If the facility will be located in a municipal	53005
corporation, the clerk of the legislative authority of the	53006
municipal corporation;	53007

(2) If the facility will be located in unincorporated	53008
territory, the clerk of the appropriate board of county	53009
commissioners and the fiscal officer of the appropriate board of	53010
township trustees.	53011

The director shall not issue the license for ten days after	53012
mailing the notice, excluding Saturdays, Sundays, and legal	53013
holidays, in order to give the notified local officials time in	53014
which to comment on the proposed issuance.	53015

Any legislative authority of a municipal corporation, board	53016
of county commissioners, or board of township trustees that	53017
receives notice under this division of the proposed issuance of a	53018
license for a residential facility may comment on it in writing to	53019
the director within ten days after the director mailed the notice,	53020
excluding Saturdays, Sundays, and legal holidays. If the director	53021
receives written comments from any notified officials within the	53022
specified time, the director shall make written findings	53023
concerning the comments and the director's decision on the	53024
issuance of the license. If the director does not receive written	53025
comments from any notified local officials within the specified	53026
time, the director shall continue the process for issuance of the	53027
license.	53028

~~(N)~~(O) Any person may operate a licensed residential facility	53029
that provides room and board, personal care, habilitation	53030
services, and supervision in a family setting for at least six but	53031
not more than eight persons with mental retardation or a	53032
developmental disability as a permitted use in any residential	53033
district or zone, including any single-family residential district	53034
or zone, of any political subdivision. These residential	53035
facilities may be required to comply with area, height, yard, and	53036
architectural compatibility requirements that are uniformly	53037
imposed upon all single-family residences within the district or	53038
zone.	53039

~~(O)~~(P) Any person may operate a licensed residential facility	53040
that provides room and board, personal care, habilitation	53041
services, and supervision in a family setting for at least nine	53042
but not more than sixteen persons with mental retardation or a	53043
developmental disability as a permitted use in any multiple-family	53044
residential district or zone of any political subdivision, except	53045
that a political subdivision that has enacted a zoning ordinance	53046
or resolution establishing planned unit development districts may	53047
exclude these residential facilities from those districts, and a	53048
political subdivision that has enacted a zoning ordinance or	53049
resolution may regulate these residential facilities in	53050
multiple-family residential districts or zones as a conditionally	53051
permitted use or special exception, in either case, under	53052
reasonable and specific standards and conditions set out in the	53053
zoning ordinance or resolution to:	53054

(1) Require the architectural design and site layout of the	53055
residential facility and the location, nature, and height of any	53056
walls, screens, and fences to be compatible with adjoining land	53057
uses and the residential character of the neighborhood;	53058

(2) Require compliance with yard, parking, and sign	53059
regulation;	53060

(3) Limit excessive concentration of these residential	53061
facilities.	53062

~~(P)~~(Q) This section does not prohibit a political subdivision	53063
from applying to residential facilities nondiscriminatory	53064
regulations requiring compliance with health, fire, and safety	53065
regulations and building standards and regulations.	53066

~~(Q)~~(R) Divisions ~~(N)~~(O) and ~~(O)~~(P) of this section are not	53067
applicable to municipal corporations that had in effect on June	53068
15, 1977, an ordinance specifically permitting in residential	53069
zones licensed residential facilities by means of permitted uses,	53070
conditional uses, or special exception, so long as such ordinance	53071
remains in effect without any substantive modification.	53072

~~(R)~~(S)(1) The director may issue an interim license to	53073
operate a residential facility to an applicant for a license under	53074
this section if either of the following is the case:	53075

(a) The director determines that an emergency exists	53076
requiring immediate placement of persons in a residential	53077
facility, that insufficient licensed beds are available, and that	53078
the residential facility is likely to receive a permanent license	53079
under this section within thirty days after issuance of the	53080
interim license.	53081

(b) The director determines that the issuance of an interim	53082
license is necessary to meet a temporary need for a residential	53083
facility.	53084

(2) To be eligible to receive an interim license, an	53085
applicant must meet the same criteria that must be met to receive	53086
a permanent license under this section, except for any differing	53087
procedures and time frames that may apply to issuance of a	53088
permanent license.	53089

(3) An interim license shall be valid for thirty days and may	53090
be renewed by the director for a period not to exceed one hundred	53091
fifty days.	53092

(4) The director shall adopt rules in accordance with Chapter	53093
119. of the Revised Code as the director considers necessary to	53094
administer the issuance of interim licenses.	53095

~~(S)~~(T) Notwithstanding rules adopted pursuant to this section	53096
establishing the maximum number of persons who may be served in a	53097
particular type of residential facility, a residential facility	53098
shall be permitted to serve the same number of persons being	53099
served by the facility on the effective date of the rules or the	53100
number of persons for which the facility is authorized pursuant to	53101
a current application for a certificate of need with a letter of	53102
support from the department of mental retardation and	53103
developmental disabilities and which is in the review process	53104
prior to April 4, 1986.	53105

~~(T)~~(U) The director or the director's designee may enter at	53106
any time, for purposes of investigation, any home, facility, or	53107
other structure that has been reported to the director or that the	53108
director has reasonable cause to believe is being operated as a	53109
residential facility without a license issued under this section.	53110

The director may petition the court of common pleas of the	53111
county in which an unlicensed residential facility is located for	53112
an order enjoining the person or governmental agency operating the	53113
facility from continuing to operate without a license. The court	53114
may grant the injunction on a showing that the person or	53115
governmental agency named in the petition is operating a	53116
residential facility without a license. The court may grant the	53117
injunction, regardless of whether the residential facility meets	53118
the requirements for receiving a license under this section.	53119

Sec. 5123.196. (A) Except as provided in division (F) of this	53120
section, the director of mental retardation and developmental	53121
disabilities shall not issue a license under section 5123.19 of	53122
the Revised Code on or after July 1, 2003, if issuance will result	53123
in there being more beds in all residential facilities licensed	53124
under that section than is permitted under division (B) of this	53125
section.	53126

(B) Except as provided in division (D) of this section, the	53127
maximum number of beds for the purpose of division (A) of this	53128
section shall not exceed ten thousand eight hundred thirty-eight	53129
minus, except as provided in division (C) of this section, both of	53130
the following:	53131

(1) The number of such beds that cease to be residential	53132
facility beds on or after July 1, 2003, because a residential	53133
facility license is revoked, terminated, or not renewed for any	53134
reason or is surrendered in accordance with section 5123.19 of the	53135
Revised Code and after the issuance of an adjudication order	53136
pursuant to Chapter 119. of the Revised Code;	53137

(2) The number of such beds for which a licensee voluntarily	53138
converts to use for supported living on or after July 1, 2003.	53139

(C) The director is not required to reduce the maximum number	53140
of beds pursuant to division (B) of this section by a bed that	53141
ceases to be a residential facility bed if the director determines	53142
that the bed is needed to provide services to an individual with	53143
mental retardation or a developmental disability who resided in	53144
the residential facility in which the bed was located unless the	53145
reason the bed ceases to be a residential facility bed is because	53146
it is converted to providing home and community-based services	53147
under the ICF/MR conversion pilot program that is authorized by a	53148
waiver sought under division (B)(1) of section 5111.88 of the	53149
Revised Code.	53150

(D) The director shall increase the number of beds determined	53151
under division (B) of this section if necessary to enable the	53152
operator of a residential facility to do either of the following:	53153

(1) Obtain a residential facility license as required by	53154
section 5111.8814 of the Revised Code;	53155

(2) Reconvert beds to providing ICF/MR services under section	53156
5111.8811 of the Revised Code.	53157

(E) The director shall maintain an up-to-date written record	53158
of the maximum number of residential facility beds provided for by	53159
division (B) of this section.	53160

(F) The director may issue an interim license under division	53161
~~(R)~~(S) of section 5123.19 of the Revised Code and issue, pursuant	53162
to rules adopted under division ~~(G)~~(H)(11) of that section, a	53163
waiver allowing a residential facility to admit more residents	53164
than the facility is licensed to admit regardless of whether the	53165
interim license or waiver will result in there being more beds in	53166
all residential facilities licensed under that section than is	53167
permitted under division (B) of this section.	53168

Sec. 5123.198. (A) As used in this section, "date of the	53169
commitment" means the date that an individual specified in	53170
division (B) of this section begins to reside in a state-operated	53171
intermediate care facility for the mentally retarded after being	53172
committed to the facility pursuant to sections 5123.71 to 5123.76	53173
of the Revised Code.	53174

(B) Except as provided in division (C) of this section,	53175
whenever a resident of a residential facility is committed to a	53176
state-operated intermediate care facility for the mentally	53177
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	53178
Code, the department of mental retardation and developmental	53179
disabilities, pursuant to an adjudication order issued in	53180
accordance with Chapter 119. of the Revised Code, shall reduce by	53181
one the number of residents for which the facility in which the	53182
resident resided is licensed.	53183

(C) The department shall not reduce under division (B) of	53184
this section the number of residents for which a residential	53185
facility is licensed if any of the following are the case:	53186

(1) The resident of the residential facility who is committed	53187
to a state-operated intermediate care facility for the mentally	53188
retarded resided in the residential facility because of the	53189
closure, on or after ~~the effective date of this section~~June 26,	53190
2003, of another state-operated intermediate care facility for the	53191
mentally retarded;	53192

(2) The residential facility admits within ninety days of the	53193
date of the commitment an individual who resides on the date of	53194
the commitment in a state-operated intermediate care facility for	53195
the mentally retarded or another residential facility;	53196

(3) The department fails to do either of the following within	53197
ninety days of the date of the commitment:	53198

(a) Identify an individual to whom all of the following	53199
applies:	53200

(i) Resides on the date of the commitment in a state-operated	53201
intermediate care facility for the mentally retarded or another	53202
residential facility;	53203

(ii) Has indicated to the department an interest in	53204
relocating to the residential facility or has a parent or guardian	53205
who has indicated to the department an interest for the individual	53206
to relocate to the residential facility;	53207

(iii) The department determines the individual has needs that	53208
the residential facility can meet.	53209

(b) Provide the residential facility with information about	53210
the individual identified under division (C)(2)(a) of this section	53211
that the residential facility needs in order to determine whether	53212
the facility can meet the individual's needs.	53213

(4) If the department completes the actions specified in	53214
divisions (C)(3)(a) and (b) of this section not later than ninety	53215
days after the date of the commitment and except as provided in	53216
division (D) of this section, the residential facility does all of	53217
the following not later than ninety days after the date of the	53218
commitment:	53219

(a) Evaluates the information provided by the department;

53220

(b) Assesses the identified individual's needs;

53221

(c) Determines that the residential facility cannot meet the	53222
identified individual's needs.	53223

(5) If the department completes the actions specified in	53224
divisions (C)(3)(a) and (b) of this section not later than ninety	53225
days after the date of the commitment and the residential facility	53226
determines that the residential facility can meet the identified	53227
individual's needs, the individual, or a parent or guardian of the	53228
individual, refuses placement in the residential facility.	53229

(D) The department may reduce under division (B) of this	53230
section the number of residents for which a residential facility	53231
is licensed even though the residential facility completes the	53232
actions specified in division (C)(4) of this section not later	53233
than ninety days after the date of the commitment if all of the	53234
following are the case:	53235

(1) The department disagrees with the residential facility's	53236
determination that the residential facility cannot meet the	53237
identified individual's needs.	53238

(2) The department issues a written decision pursuant to the	53239
uniform procedures for admissions, transfers, and discharges	53240
established by rules adopted under division ~~(G)~~(H)(9) of section	53241
5123.19 of the Revised Code that the residential facility should	53242
admit the identified individual.	53243

(3) After the department issues the written decision	53244
specified in division (D)(2) of this section, the residential	53245
facility refuses to admit the identified individual.	53246

(E) A residential facility that admits, refuses to admit,	53247
transfers, or discharges a resident under this section shall	53248
comply with the uniform procedures for admissions, transfers, and	53249
discharges established by rules adopted under division ~~(G)~~(H)(9)	53250
of section 5123.19 of the Revised Code.	53251

(F) The department of mental retardation and developmental	53252
disabilities may notify the department of job and family services	53253
of any reduction under this section in the number of residents for	53254
which a residential facility that is an intermediate care facility	53255
for the mentally retarded is licensed. On receiving the notice,	53256
the department of job and family services may transfer to the	53257
department of mental retardation and developmental disabilities	53258
the savings in the nonfederal share of medicaid expenditures for	53259
each fiscal year after the year of the commitment to be used for	53260
costs of the resident's care in the state-operated intermediate	53261
care facility for the mentally retarded. In determining the amount	53262
saved, the department of job and family services shall consider	53263
medicaid payments for the remaining residents of the facility in	53264
which the resident resided.	53265

Sec. 5123.20. ~~As used in this section, "supported living"~~	53266
~~has the same meaning as in section 5126.01 of the Revised Code.~~	53267

No person or government agency shall operate a residential	53268
facility or receive a mentally retarded or developmentally	53269
disabled person as a resident of a residential facility unless the	53270
facility is licensed under section 5123.19 of the Revised Code,	53271
and no person or governmental agency shall operate a respite care	53272
home or receive a mentally retarded or developmentally disabled	53273
person in a respite care home unless the home is certified under	53274
section 5126.05 of the Revised Code.	53275

~~No person or government agency shall provide supported living~~	53276
~~unless that person or government agency is certified under section~~	53277
~~5126.431 of the Revised Code.~~	53278

Sec. 5123.211. (A) As used in this section, "residential	53279
services" ~~and "supported living" have~~has the same ~~meanings~~	53280
meaning as in section 5126.01 of the Revised Code.	53281

(B) The department of mental retardation and developmental	53282
disabilities shall provide or arrange provision of residential	53283
services for each person who, on or after July 1, 1989, ceases to	53284
be a resident of a state institution because of closure of the	53285
institution or a reduction in the institution's population by	53286
forty per cent or more within a period of one year. The services	53287
shall be provided in the county in which the person chooses to	53288
reside and shall consist of one of the following as determined	53289
appropriate by the department in consultation with the county	53290
board of mental retardation and developmental disabilities of the	53291
county in which the services are to be provided:	53292

(1) Residential services provided pursuant to section 5123.18	53293
of the Revised Code;	53294

(2) ~~Supported living provided pursuant to section 5123.182 of~~	53295
~~the Revised Code;~~	53296

~~(3)~~ Residential services for which reimbursement is made	53297
under the medical assistance program established under section	53298
5111.01 of the Revised Code;	53299

~~(4)~~(3) Residential services provided in a manner or setting	53300
approved by the director of mental retardation and developmental	53301
disabilities.	53302

(C) Not less than six months prior to closing a state	53303
institution or reducing a state institution's population by forty	53304
per cent or more within a period of one year, the department shall	53305
identify those counties in which individuals leaving the	53306
institution have chosen to reside and notify the county boards of	53307
mental retardation and developmental disabilities in those	53308
counties of the need to develop the services specified in division	53309
(B) of this section. The notice shall specify the number of	53310
individuals requiring services who plan to reside in the county	53311
and indicate the amount of funds the department will use to	53312
provide or arrange services for those individuals.	53313

(D) In each county in which one or more persons receive	53314
residential services pursuant to division (B) of this section, the	53315
department shall provide or arrange provision of residential	53316
services, or shall distribute moneys to the county board of mental	53317
retardation and developmental disabilities to provide or arrange	53318
provision of residential services, for an equal number of persons	53319
with mental retardation or developmental disabilities in that	53320
county who the county board has determined need residential	53321
services but are not receiving them.	53322

Sec. 5123.38. (A) Except as provided in division (B) and (C)	53323
of this section, if an individual receiving supported living or	53324
home and community-based services~~, as defined in section 5126.01~~	53325
~~of the Revised Code,~~ funded by a county board of mental	53326
retardation and developmental disabilities is committed to a	53327
state-operated intermediate care facility for the mentally	53328
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	53329
Code, the department of mental retardation and developmental	53330
disabilities shall use the funds otherwise allocated to the county	53331
board as the nonfederal share of medicaid expenditures for the	53332
individual's care in the state-operated facility.	53333

(B) Division (A) of this section does not apply if the county	53334
board, not later than ninety days after the date of the commitment	53335
of a person receiving supported services, commences funding of	53336
supported living for an individual who resides in a state-operated	53337
intermediate care facility for the mentally retarded on the date	53338
of the commitment or another eligible individual designated by the	53339
department.	53340

(C) Division (A) of this section does not apply if the county	53341
board, not later than ninety days after the date of the commitment	53342
of a person receiving home and community-based services, commences	53343
funding of home and community-based services for an individual who	53344
resides in a state-operated intermediate care facility for the	53345
mentally retarded on the date of the commitment or another	53346
eligible individual designated by the department.	53347

Sec. 5123.41. As used in this section and sections 5123.42	53348
to 5123.47 of the Revised Code:	53349

(A) "Adult services" has the same meaning as in section	53350
5126.01 of the Revised Code.	53351

(B) ~~"Certified home and community-based services provider"~~	53352
~~means a person or government entity certified under section~~	53353
~~5123.16 of the Revised Code.~~	53354

~~(C)~~ "Certified supported living provider" means a person or	53355
government entity certified under section ~~5126.431~~5123.161 of the	53356
Revised Code.	53357

~~(D)~~(C) "Drug" has the same meaning as in section 4729.01 of	53358
the Revised Code.	53359

~~(E)~~(D) "Family support services" has the same meaning as in	53360
section 5126.01 of the Revised Code.	53361

~~(F)~~(E) "Health-related activities" means the following:

53362

(1) Taking vital signs;

53363

(2) Application of clean dressings that do not require health	53364
assessment;	53365

(3) Basic measurement of bodily intake and output;

53366

(4) Oral suctioning;

53367

(5) Use of glucometers;

53368

(6) External urinary catheter care;

53369

(7) Emptying and replacing colostomy bags;

53370

(8) Collection of specimens by noninvasive means.

53371

~~(G)~~(F) "Licensed health professional authorized to prescribe	53372
drugs" has the same meaning as in section 4729.01 of the Revised	53373
Code.	53374

~~(H) "Medicaid" has the same meaning as in section 5111.01 of~~	53375
~~the Revised Code.~~	53376

~~(I)~~(G) "MR/DD personnel" means the employees and the workers	53377
under contract who provide specialized services to individuals	53378
with mental retardation and developmental disabilities. "MR/DD	53379
personnel" includes those who provide the services as follows:	53380

(1) Through direct employment with the department of mental	53381
retardation and developmental disabilities or a county board of	53382
mental retardation and developmental disabilities;	53383

(2) Through an entity under contract with the department of	53384
mental retardation and developmental disabilities or a county	53385
board of mental retardation and developmental disabilities;	53386

(3) Through direct employment or by being under contract with	53387
private entities, including private entities that operate	53388
residential facilities.	53389

~~(J)~~(H) "Nursing delegation" means the process established in	53390
rules adopted by the board of nursing pursuant to Chapter 4723. of	53391
the Revised Code under which a registered nurse or licensed	53392
practical nurse acting at the direction of a registered nurse	53393
transfers the performance of a particular nursing activity or task	53394
to another person who is not otherwise authorized to perform the	53395
activity or task.	53396

~~(K)~~(I) "Prescribed medication" means a drug that is to be	53397
administered according to the instructions of a licensed health	53398
professional authorized to prescribe drugs.	53399

~~(L)~~(J) "Residential facility" means a facility licensed under	53400
section 5123.19 of the Revised Code or subject to section 5123.192	53401
of the Revised Code.	53402

~~(M)~~(K) "Specialized services" has the same meaning as in	53403
section 5123.50 of the Revised Code.	53404

~~(N)~~(L) "Tube feeding" means the provision of nutrition to an	53405
individual through a gastrostomy tube or a jejunostomy tube.	53406

Sec. 5123.51. (A) In addition to any other action required	53407
by sections 5123.61 and 5126.31 of the Revised Code, the	53408
department of mental retardation and developmental disabilities	53409
shall review each report the department receives of abuse or	53410
neglect of an individual with mental retardation or a	53411
developmental disability or misappropriation of an individual's	53412
property that includes an allegation that an MR/DD employee	53413
committed or was responsible for the abuse, neglect, or	53414
misappropriation. The department shall review a report it receives	53415
from a public children services agency only after the agency	53416
completes its investigation pursuant to section 2151.421 of the	53417
Revised Code. On receipt of a notice under section 2930.061 or	53418
5123.541 of the Revised Code, the department shall review the	53419
notice.	53420

(B) The department shall do both of the following:

53421

(1) Investigate the allegation or adopt the findings of an	53422
investigation or review of the allegation conducted by another	53423
person or government entity and determine whether there is a	53424
reasonable basis for the allegation;	53425

(2) If the department determines that there is a reasonable	53426
basis for the allegation, conduct an adjudication pursuant to	53427
Chapter 119. of the Revised Code.	53428

(C)(1) The department shall appoint an independent hearing	53429
officer to conduct any hearing conducted pursuant to division	53430
(B)(2) of this section, except that, if the hearing is regarding	53431
an employee of the department who is represented by a union, the	53432
department and a representative of the union shall jointly select	53433
the hearing officer.	53434

(2)(a) Except as provided in division (C)(2)(b) of this	53435
section, no hearing shall be conducted under division (B)(2) of	53436
this section until any criminal proceeding or collective	53437
bargaining arbitration concerning the same allegation has	53438
concluded.	53439

(b) The department may conduct a hearing pursuant to division	53440
(B)(2) of this section before a criminal proceeding concerning the	53441
same allegation is concluded if both of the following are the	53442
case:	53443

(i) The department notifies the prosecutor responsible for	53444
the criminal proceeding that the department proposes to conduct a	53445
hearing.	53446

(ii) The prosecutor consents to the hearing.

53447

(3) In conducting a hearing pursuant to division (B)(2) of	53448
this section, the hearing officer shall do all of the following:	53449

(a) Determine whether there is clear and convincing evidence	53450
that the MR/DD employee has done any of the following:	53451

(i) Misappropriated property of one or more individuals with	53452
mental retardation or a developmental disability that has a value,	53453
either separately or taken together, of one hundred dollars or	53454
more;	53455

(ii) Misappropriated property of an individual with mental	53456
retardation or a developmental disability that is designed to be	53457
used as a check, draft, negotiable instrument, credit card, charge	53458
card, or device for initiating an electronic fund transfer at a	53459
point of sale terminal, automated teller machine, or cash	53460
dispensing machine;	53461

(iii) Knowingly abused such an individual;

53462

(iv) Recklessly abused or neglected such an individual, with	53463
resulting physical harm;	53464

(v) Negligently abused or neglected such an individual, with	53465
resulting serious physical harm;	53466

(vi) Recklessly neglected such an individual, creating a	53467
substantial risk of serious physical harm;	53468

(vii) Engaged in sexual conduct or had sexual contact with an	53469
individual with mental retardation or another developmental	53470
disability who was not the MR/DD employee's spouse and for whom	53471
the MR/DD employee was employed or under a contract to provide	53472
care;	53473

(viii) Unreasonably failed to make a report pursuant to	53474
division (C) of section 5123.61 of the Revised Code when the	53475
employee knew or should have known that the failure would result	53476
in a substantial risk of harm to an individual with mental	53477
retardation or a developmental disability.	53478

(b) Give weight to the decision in any collective bargaining	53479
arbitration regarding the same allegation;	53480

(c) Give weight to any relevant facts presented at the	53481
hearing.	53482

(D)(1) Unless the director of mental retardation and	53483
developmental disabilities determines that there are extenuating	53484
circumstances and except as provided in division (E) of this	53485
section, if the director, after considering all of the factors	53486
listed in division (C)(3) of this section, finds that there is	53487
clear and convincing evidence that an MR/DD employee has done one	53488
or more of the things described in division (C)(3)(a) of this	53489
section the director shall include the name of the employee in the	53490
registry established under section 5123.52 of the Revised Code.	53491

(2) Extenuating circumstances the director must consider	53492
include the use of physical force by an MR/DD employee that was	53493
necessary as self-defense.	53494

(3) If the director includes an MR/DD employee in the	53495
registry established under section 5123.52 of the Revised Code,	53496
the director shall notify the employee, the person or government	53497
entity that employs or contracts with the employee, the individual	53498
with mental retardation or a developmental disability who was the	53499
subject of the report and that individual's legal guardian, if	53500
any, the attorney general, and the prosecuting attorney or other	53501
law enforcement agency. If the MR/DD employee holds a license,	53502
certificate, registration, or other authorization to engage in a	53503
profession issued pursuant to Title XLVII of the Revised Code, the	53504
director shall notify the appropriate agency, board, department,	53505
or other entity responsible for regulating the employee's	53506
professional practice.	53507

(4) If an individual whose name appears on the registry is	53508
involved in a court proceeding or arbitration arising from the	53509
same facts as the allegation resulting in the individual's	53510
placement on the registry, the disposition of the proceeding or	53511
arbitration shall be noted in the registry next to the	53512
individual's name.	53513

(E) In the case of an allegation concerning an employee of	53514
the department, after the hearing conducted pursuant to division	53515
(B)(2) of this section, the director of health or that director's	53516
designee shall review the decision of the hearing officer to	53517
determine whether the standard described in division (C)(3) of	53518
this section has been met. If the director or designee determines	53519
that the standard has been met and that no extenuating	53520
circumstances exist, the director or designee shall notify the	53521
director of mental retardation and developmental disabilities that	53522
the MR/DD employee is to be included in the registry established	53523
under section 5123.52 of the Revised Code. If the director of	53524
mental retardation and developmental disabilities receives such	53525
notification, the director shall include the MR/DD employee in the	53526
registry and shall provide the notification described in division	53527
(D)(3) of this section.	53528

(F) If the department is required by Chapter 119. of the	53529
Revised Code to give notice of an opportunity for a hearing and	53530
the MR/DD employee subject to the notice does not timely request a	53531
hearing in accordance with section 119.07 or 5123.0414 of the	53532
Revised Code, the department is not required to hold a hearing.	53533

(G) Files and records of investigations conducted pursuant to	53534
this section are not public records as defined in section 149.43	53535
of the Revised Code, but, on request, the department shall provide	53536
copies of those files and records to the attorney general, a	53537
prosecuting attorney, or a law enforcement agency.	53538

Sec. 5123.60. (A) A legal rights service is hereby created	53539
and established to protect and advocate the rights of mentally ill	53540
persons, mentally retarded persons, developmentally disabled	53541
persons, and other disabled persons who may be represented by the	53542
service pursuant to division (L) of this section; to receive and	53543
act upon complaints concerning institutional and hospital	53544
practices and conditions of institutions for mentally retarded or	53545
developmentally disabled persons and hospitals for the mentally	53546
ill; and to assure that all persons detained, hospitalized,	53547
discharged, or institutionalized, and all persons whose detention,	53548
hospitalization, discharge, or institutionalization is sought or	53549
has been sought under this chapter or Chapter 5122. of the Revised	53550
Code are fully informed of their rights and adequately represented	53551
by counsel in proceedings under this chapter or Chapter 5122. of	53552
the Revised Code and in any proceedings to secure the rights of	53553
those persons. Notwithstanding the definitions of "mentally	53554
retarded person" and "developmentally disabled person" in section	53555
5123.01 of the Revised Code, the legal rights service shall	53556
determine who is a mentally retarded or developmentally disabled	53557
person for purposes of this section and sections 5123.601 to	53558
5123.604 of the Revised Code.	53559

(B)(1) In regard to those persons detained, hospitalized, or	53560
institutionalized under Chapter 5122. of the Revised Code, the	53561
legal rights service shall undertake formal representation only of	53562
those persons who are involuntarily detained, hospitalized, or	53563
institutionalized pursuant to sections 5122.10 to 5122.15 of the	53564
Revised Code, and those voluntarily detained, hospitalized, or	53565
institutionalized who are minors, who have been adjudicated	53566
incompetent, who have been detained, hospitalized, or	53567
institutionalized in a public hospital, or who have requested	53568
representation by the legal rights service. If	53569

(2) If a person referred to in division (A) of this section	53570
voluntarily requests in writing that the legal rights service	53571
terminate participation in the person's case, such involvement	53572
shall cease.	53573

(3) Persons described in divisions (A) and (B)(1) of this	53574
section who are represented by the legal rights service are	53575
clients of the legal rights service.	53576

(C) Any person voluntarily hospitalized or institutionalized	53577
in a public hospital under division (A) of section 5122.02 of the	53578
Revised Code, after being fully informed of the person's rights	53579
under division (A) of this section, may, by written request, waive	53580
assistance by the legal rights service if the waiver is knowingly	53581
and intelligently made, without duress or coercion.	53582

The waiver may be rescinded at any time by the voluntary	53583
patient or resident, or by the voluntary patient's or resident's	53584
legal guardian.	53585

(D)(1) The legal rights service commission is hereby created	53586
for the purposes of appointing an administrator of the legal	53587
rights service, advising the administrator, assisting the	53588
administrator in developing a budget, advising the administrator	53589
in establishing and annually reviewing a strategic plan, creating	53590
a procedure for filing and determination of grievances against the	53591
legal rights service, and establishing general policy guidelines,	53592
including guidelines for the commencement of litigation, for the	53593
legal rights service. The commission may adopt rules to carry	53594
these purposes into effect and may receive and act upon appeals of	53595
personnel decisions by the administrator.	53596

(2) The commission shall consist of seven members. One	53597
member, who shall serve as chairperson, shall be appointed by the	53598
chief justice of the supreme court, three members shall be	53599
appointed by the speaker of the house of representatives, and	53600
three members shall be appointed by the president of the senate.	53601
At least two members shall have experience in the field of	53602
developmental disabilities, and at least two members shall have	53603
experience in the field of mental health. No member shall be a	53604
provider or related to a provider of services to mentally	53605
retarded, developmentally disabled, or mentally ill persons.	53606

(3) Terms of office of the members of the commission shall be	53607
for three years, each term ending on the same day of the month of	53608
the year as did the term which it succeeds. Each member shall	53609
serve subsequent to the expiration of the member's term until a	53610
successor is appointed and qualifies, or until sixty days has	53611
elapsed, whichever occurs first. No member shall serve more than	53612
two consecutive terms.	53613

All vacancies in the membership of the commission shall be	53614
filled in the manner prescribed for regular appointments to the	53615
commission and shall be limited to the unexpired terms.	53616

(4) The commission shall meet at least four times each year.	53617
Members shall be reimbursed for their necessary and actual	53618
expenses incurred in the performance of their official duties.	53619

(5) The administrator of the legal rights service shall serve	53620
at the pleasure of the commission.	53621

The administrator shall be ~~a person who has had special~~	53622
~~training and experience in the type of work with which the legal~~	53623
~~rights service is charged. If the administrator is not an~~	53624
~~attorney, the administrator shall seek legal counsel when~~	53625
~~appropriate~~an attorney admitted to practice law in this state.	53626
The salary of the administrator shall be established in accordance	53627
with section 124.14 of the Revised Code.	53628

(E) The legal rights service shall be completely independent	53629
of the department of mental health and the department of mental	53630
retardation and developmental disabilities and, notwithstanding	53631
section 109.02 of the Revised Code, shall also be independent of	53632
the office of the attorney general. The administrator of the legal	53633
rights service, staff, and attorneys designated by the	53634
administrator to represent persons detained, hospitalized, or	53635
institutionalized under this chapter or Chapter 5122. of the	53636
Revised Code shall have ready access to the following:	53637

(1) During normal business hours and at other reasonable	53638
times, all records, except records of community residential	53639
facilities and records of contract agencies of county boards of	53640
mental retardation and developmental disabilities and boards of	53641
alcohol, drug addiction and mental health services, relating to	53642
expenditures of state and federal funds or to the commitment,	53643
care, treatment, and habilitation of all persons represented by	53644
the legal rights service, including those who may be represented	53645
pursuant to division (L) of this section, or persons detained,	53646
hospitalized, institutionalized, or receiving services under this	53647
chapter or Chapter 340., 5119., 5122., or 5126. of the Revised	53648
Code that are records maintained by the following entities	53649
providing services for those persons: departments; institutions;	53650
hospitals; ~~community residential facilities;~~ boards of alcohol,	53651
drug addiction, and mental health services; county boards of	53652
mental retardation and developmental disabilities; ~~contract~~	53653
~~agencies of those boards;~~ and any other entity providing services	53654
to persons who may be represented by the service pursuant to	53655
division (L) of this section;	53656

(2) Any records maintained in computerized data banks of the	53657
departments or boards or, in the case of persons who may be	53658
represented by the service pursuant to division (L) of this	53659
section, any other entity that provides services to those persons;	53660

(3) During their normal working hours, personnel of the	53661
departments, facilities, boards, agencies, institutions,	53662
hospitals, and other service-providing entities;	53663

(4) At any time, all persons detained, hospitalized, or	53664
institutionalized; persons receiving services under this chapter	53665
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	53666
persons who may be represented by the service pursuant to division	53667
(L) of this section.	53668

(5) Records of a community residential facility, a contract	53669
agency of a board of alcohol, drug addiction, and mental health	53670
services, or a contract agency of a county board of mental	53671
retardation and developmental disabilities with one of the	53672
following consents:	53673

(a) The consent of the person, including when the person is a	53674
minor or has been adjudicated incompetent;	53675

(b) The consent of the person's guardian of the person, if	53676
any, or the parent if the person is a minor;	53677

(c) No consent, if the person is unable to consent for any	53678
reason, and the guardian of the person, if any, or the parent of	53679
the minor, has refused to consent or has not responded to a	53680
request for consent and either of the following has occurred:	53681

(i) A complaint regarding the person has been received by the	53682
legal rights service;	53683

(ii) The legal rights service has determined that there is	53684
probable cause to believe that such person has been subjected to	53685
abuse or neglect.	53686

(F) The administrator of the legal rights service shall do	53687
the following:	53688

(1) Administer and organize the work of the legal rights	53689
service and establish administrative or geographic divisions as	53690
the administrator considers necessary, proper, and expedient;	53691

(2) Adopt and promulgate rules that are not in conflict with	53692
rules adopted by the commission and prescribe duties for the	53693
efficient conduct of the business and general administration of	53694
the legal rights service;	53695

(3) Appoint and discharge employees, and hire experts,	53696
consultants, advisors, or other professionally qualified persons	53697
as the administrator considers necessary to carry out the duties	53698
of the legal rights service;	53699

(4) Apply for and accept grants of funds, and accept	53700
charitable gifts and bequests;	53701

(5) Prepare and submit a budget to the general assembly for	53702
the operation of the legal rights service. At least thirty days	53703
prior to submitting the budget to the general assembly, the	53704
administrator shall provide a copy of the budget to the commission	53705
for review and comment. When submitting the budget to the general	53706
assembly, the administrator shall include a copy of any written	53707
comments returned by the commission to the administrator.	53708

(6) Enter into contracts and make expenditures necessary for	53709
the efficient operation of the legal rights service;	53710

(7) Annually prepare a report of activities and submit copies	53711
of the report to the governor, the chief justice of the supreme	53712
court, the president of the senate, the speaker of the house of	53713
representatives, the director of mental health, and the director	53714
of mental retardation and developmental disabilities, and make the	53715
report available to the public;	53716

(8) Upon request of the commission or of the chairperson of	53717
the commission, report to the commission on specific litigation	53718
issues or activities.	53719

(G)(1) The legal rights service may act directly or contract	53720
with other organizations or individuals for the provision of the	53721
services envisioned under this section.	53722

(2) Whenever possible, the administrator shall attempt to	53723
facilitate the resolution of complaints through administrative	53724
channels. Subject to division (G)(3) of this section, if attempts	53725
at administrative resolution prove unsatisfactory, the	53726
administrator may pursue any legal, administrative, and other	53727
appropriate remedies or approaches that may be necessary to	53728
accomplish the purposes of this section.	53729

(3) The administrator may not pursue a class action lawsuit	53730
under division (G)(2) of this section when attempts at	53731
administrative resolution of a complaint prove unsatisfactory	53732
under that division unless both of the following have first	53733
occurred:	53734

(a) At least four members of the commission, by their	53735
affirmative vote, have consented to the pursuit of the class	53736
action lawsuit;	53737

(b) At least five members of the commission are present at	53738
the meeting of the commission at which that consent is obtained.	53739

(4) All records received or maintained by the legal rights	53740
service in connection with any investigation, representation, or	53741
other activity under this section shall be confidential and shall	53742
not be disclosed except as authorized by the person represented by	53743
the legal rights service or, subject to any privilege, a guardian	53744
of the person or parent of the minor. Subject to division (G)(5)	53745
of this section, relationships between personnel and the agents of	53746
the legal rights service and its clients shall be fiduciary	53747
relationships, and all communications shall be ~~confidential,~~	53748
privileged as if between attorney and client.	53749

(5) Any person who has been represented by the legal rights	53750
service or who has applied for and been denied representation and	53751
who files a grievance with the service concerning the	53752
representation or application may appeal the decision of the	53753
service on the grievance to the commission. The person may appeal	53754
notwithstanding any objections of the person's legal guardian. The	53755
commission may examine any records relevant to the appeal and	53756
shall maintain the confidentiality of any records that are	53757
required to be kept confidential.	53758

(H) The legal rights service, on the order of the	53759
administrator, with the approval by an affirmative vote of at	53760
least four members of the commission, may compel by subpoena the	53761
appearance and sworn testimony of any person the administrator	53762
reasonably believes may be able to provide information or to	53763
produce any documents, books, records, papers, or other	53764
information necessary to carry out its duties. On the refusal of	53765
any person to produce or authenticate any requested documents, the	53766
legal rights service may apply to the Franklin county court of	53767
common pleas to compel the production or authentication of	53768
requested documents. If the court finds that failure to produce or	53769
authenticate any requested documents was improper, the court may	53770
hold the person in contempt as in the case of disobedience of the	53771
requirements of a subpoena issued from the court, or a refusal to	53772
testify in the court.	53773

(I) The legal rights service may conduct public hearings.

53774

(J) The legal rights service may request from any	53775
governmental agency any cooperation, assistance, services, or data	53776
that will enable it to perform its duties.	53777

(K) In any malpractice action filed against the administrator	53778
of the legal rights service, a member of the staff of the legal	53779
rights service, or an attorney designated by the administrator to	53780
perform legal services under division (E) of this section, the	53781
state shall, when the administrator, member, or attorney has acted	53782
in good faith and in the scope of employment, indemnify the	53783
administrator, member, or attorney for any judgment awarded or	53784
amount negotiated in settlement, and for any court costs or legal	53785
fees incurred in defense of the claim.	53786

This division does not limit or waive, and shall not be	53787
construed to limit or waive, any defense that is available to the	53788
legal rights service, its administrator or employees, persons	53789
under a personal services contract with it, or persons designated	53790
under division (E) of this section, including, but not limited to,	53791
any defense available under section 9.86 of the Revised Code.	53792

(L) In addition to providing services to mentally ill,	53793
mentally retarded, or developmentally disabled persons, when a	53794
grant authorizing the provision of services to other individuals	53795
is accepted pursuant to division (F)(4) of this section, the legal	53796
rights service and its ombudsperson section may provide advocacy	53797
or ombudsperson services to those other individuals and exercise	53798
any other authority granted by this section or sections 5123.601	53799
to 5123.604 of the Revised Code on behalf of those individuals.	53800
Determinations of whether an individual is eligible for services	53801
under this division shall be made by the legal rights service.	53802

Sec. 5123.602. ~~The ombudsman~~(A) Except as provided in	53803
division (B) of this section, the ombudsperson section of the	53804
legal rights service may, in order to carry out its duties under	53805
this chapter, make necessary inquiries and obtain information it	53806
considers necessary. ~~For those purposes~~Upon receiving a complaint	53807
and in the course of conducting an investigation in accordance	53808
with division (B) of section 5123.601 of the Revised Code, the	53809
section shall have ready access to the premises and records of all	53810
providers of services to mentally retarded, developmentally	53811
disabled, or mentally ill persons and shall have the right to	53812
communicate in a private and confidential setting with any	53813
mentally retarded, developmentally disabled, or mentally ill	53814
persons, with their parents, guardians, or advocates, and with	53815
employees of any provider.	53816

(B) Records held by community residential facilities,	53817
contract agencies of boards of alcohol, drug addiction, and mental	53818
health services, and contract agencies of county boards of mental	53819
retardation and developmental disabilities shall only be	53820
accessible by the ombudsperson section of the legal rights service	53821
in a situation as described in division (E)(5) of section 5123.60	53822
of the Revised Code.	53823

Sec. 5123.605. There is hereby created in the state treasury	53824
the program income fund. Revenue generated from settlements,	53825
gifts, donations, and other sources of legal rights service	53826
program income shall be credited to the fund. The program income	53827
fund shall be used to support legal rights service programs for	53828
purposes from which the income was derived and for the general	53829
support of legal rights service programs.	53830

Sec. 5123.99. (A) Whoever violates section 5123.16 or	53831
5123.20 of the Revised Code is guilty of a misdemeanor of the	53832
first degree.	53833

(B) Whoever violates division (C), (E), or (G)(3) of section	53834
5123.61 of the Revised Code is guilty of a misdemeanor of the	53835
fourth degree or, if the abuse or neglect constitutes a felony, a	53836
misdemeanor of the second degree. In addition to any other	53837
sanction or penalty authorized or required by law, if a person who	53838
is convicted of or pleads guilty to a violation of division (C),	53839
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	53840
employee, as defined in section 5123.50 of the Revised Code, the	53841
offender shall be eligible to be included in the registry	53842
regarding misappropriation, abuse, neglect, or other specified	53843
misconduct by MR/DD employees established under section 5123.52 of	53844
the Revised Code.	53845

(C) Whoever violates division (A) of section 5123.604 of the	53846
Revised Code is guilty of a misdemeanor of the second degree.	53847

(D) Whoever violates division (B) of section 5123.604 of the	53848
Revised Code shall be fined not more than one thousand dollars.	53849
Each violation constitutes a separate offense.	53850

Sec. 5126.038. (A)~~(1)~~ As used in this section, "professional	53851
services" means all of the following services provided on behalf	53852
of a county board of mental retardation and developmental	53853
disabilities, members or employees of a county board, or both:	53854

~~(a)~~(1) Lobbying and other governmental affairs services;

53855

~~(b)~~(2) Legal services other than the legal services provided	53856
by a county prosecutor or provided for the purpose of collective	53857
bargaining;	53858

~~(c)~~(3) Public relation services;

53859

~~(d)~~(4) Consulting services;

53860

~~(e)~~(5) Personnel training services, not including tuition or	53861
professional growth reimbursement programs for county board	53862
members or employees.	53863

~~(2) "Professional services" does not mean services provided~~	53864
~~pursuant to a service contract as defined in section 5126.035 of~~	53865
~~the Revised Code.~~	53866

(B) Each county board of mental retardation and developmental	53867
disabilities shall submit to the board of county commissioners of	53868
each county that is served by the county board, in accordance with	53869
the normal budget process and as part of its budget request, a	53870
list identifying the total expenditures projected for any of the	53871
following:	53872

(1) Any membership dues of the members or employees of the	53873
county board, in any organization, association, or other entity;	53874

(2) Any professional services of the county board, its	53875
members or employees, or both;	53876

(3) Any training of the members or employees of the county	53877
board.	53878

Sec. 5126.04. (A) Each county board of mental retardation	53879
and developmental disabilities shall plan and set priorities based	53880
on available resources for the provision of facilities, programs,	53881
and other services to meet the needs of county residents who are	53882
individuals with mental retardation and other developmental	53883
disabilities, former residents of the county residing in state	53884
institutions or placed under purchase of service agreements under	53885
section 5123.18 of the Revised Code, and children subject to a	53886
determination made pursuant to section 121.38 of the Revised Code.	53887

Each county board shall assess the facility and service needs	53888
of the individuals with mental retardation and other developmental	53889
disabilities who are residents of the county or former residents	53890
of the county residing in state institutions or placed under	53891
purchase of service agreements under section 5123.18 of the	53892
Revised Code.	53893

Each county board shall require individual habilitation or	53894
service plans for individuals with mental retardation and other	53895
developmental disabilities who are being served or who have been	53896
determined eligible for services and are awaiting the provision of	53897
services. Each board shall ensure that methods of having their	53898
service needs evaluated are available.	53899

(B) The department of mental retardation and developmental	53900
disabilities may adopt rules in accordance with Chapter 119. of	53901
the Revised Code as necessary to implement this section. To the	53902
extent that rules adopted under this section apply to the	53903
identification and placement of ~~handicapped~~ children with	53904
disabilities under Chapter 3323. of the Revised Code, the rules	53905
shall be consistent with the standards and procedures established	53906
under sections 3323.03 to 3323.05 of the Revised Code.	53907

(C) The responsibility or authority of a county board to	53908
provide services under this chapter does not affect the	53909
responsibility of any other entity of state or local government to	53910
provide services to individuals with mental retardation and	53911
developmental disabilities.	53912

(D) On or before the first day of February prior to a school	53913
year, a county board of mental retardation and developmental	53914
disabilities may elect not to participate during that school year	53915
in the provision of or contracting for educational services for	53916
children ages six through twenty-one years of age, provided that	53917
on or before that date the board gives notice of this election to	53918
the superintendent of public instruction, each school district in	53919
the county, and the educational service center serving the county.	53920
If a board makes this election, it shall not have any	53921
responsibility for or authority to provide educational services	53922
that school year for children ages six through twenty-one years of	53923
age. If a board does not make an election for a school year in	53924
accordance with this division, the board shall be deemed to have	53925
elected to participate during that school year in the provision of	53926
or contracting for educational services for children ages six	53927
through twenty-one years of age.	53928

(E) If a county board of mental retardation and developmental	53929
disabilities elects to provide educational services during a	53930
school year to individuals six through twenty-one years of age who	53931
~~are multiply handicapped~~have multiple disabilities, the board may	53932
provide these services to individuals who are appropriately	53933
identified and determined eligible pursuant to Chapter 3323. of	53934
the Revised Code, and in accordance with applicable rules of the	53935
state board of education. The county board may also provide	53936
related services to individuals six through twenty-one years of	53937
age who have one or more disabling conditions, in accordance with	53938
section 3317.20 and Chapter 3323. of the Revised Code and	53939
applicable rules of the state board of education.	53940

Sec. 5126.041. (A) As used in this section:

53941

(1) "Biological risk" and "environmental risk" have the	53942
meanings established pursuant to section 5123.011 of the Revised	53943
Code.	53944

(2) "~~Handicapped preschool~~Preschool child with a disability"	53945
has the same meaning as in section 3323.01 of the Revised Code.	53946

(3) "State institution" means all or part of an institution	53947
under the control of the department of mental retardation and	53948
developmental disabilities pursuant to section 5123.03 of the	53949
Revised Code and maintained for the care, treatment, and training	53950
of the mentally retarded.	53951

(B) Except as provided in division (C) of this section, each	53952
county board of mental retardation and developmental disabilities	53953
shall make eligibility determinations in accordance with the	53954
definition of "developmental disability" in section 5126.01 of the	53955
Revised Code. Pursuant to rules the department of mental	53956
retardation and developmental disabilities shall adopt in	53957
accordance with Chapter 119. of the Revised Code, a county board	53958
may establish eligibility for programs and services for either of	53959
the following:	53960

(1) Individuals under age six who have a biological risk or	53961
environmental risk of a developmental delay;	53962

(2) Any ~~handicapped~~ preschool child with a disability	53963
eligible for services under section 3323.02 of the Revised Code	53964
whose ~~handicap~~disability is not attributable solely to mental	53965
illness as defined in section 5122.01 of the Revised Code.	53966

(C)(1) A county board shall make determinations of	53967
eligibility for service and support administration in accordance	53968
with rules adopted under section 5126.08 of the Revised Code.	53969

(2) All persons who were eligible for services and enrolled	53970
in programs offered by a county board of mental retardation and	53971
developmental disabilities pursuant to this chapter on July 1,	53972
1991, shall continue to be eligible for those services and to be	53973
enrolled in those programs as long as they are in need of	53974
services.	53975

(3) A person who resided in a state institution on or before	53976
October 29, 1993, is eligible for programs and services offered by	53977
a county board of mental retardation and developmental	53978
disabilities, unless the person is determined by the county board	53979
not to be in need of those programs and services.	53980

(D) A county board shall refer a person who requests but is	53981
not eligible for programs and services offered by the board to	53982
other entities of state and local government or appropriate	53983
private entities that provide services.	53984

(E) Membership of a person on, or employment of a person by,	53985
a county board of mental retardation and developmental	53986
disabilities does not affect the eligibility of any member of that	53987
person's family for services provided by the board or by any	53988
entity under contract with the board.	53989

Sec. 5126.042. (A) As used in this section, "emergency"	53990
means any situation that creates for an individual with mental	53991
retardation or developmental disabilities a risk of substantial	53992
self-harm or substantial harm to others if action is not taken	53993
within thirty days. An "emergency" may include one or more of the	53994
following situations:	53995

(1) Loss of present residence for any reason, including legal	53996
action;	53997

(2) Loss of present caretaker for any reason, including	53998
serious illness of the caretaker, change in the caretaker's	53999
status, or inability of the caretaker to perform effectively for	54000
the individual;	54001

(3) Abuse, neglect, or exploitation of the individual;

54002

(4) Health and safety conditions that pose a serious risk to	54003
the individual or others of immediate harm or death;	54004

(5) Change in the emotional or physical condition of the	54005
individual that necessitates substantial accommodation that cannot	54006
be reasonably provided by the individual's existing caretaker.	54007

(B) If a county board of mental retardation and developmental	54008
disabilities determines that available resources are not	54009
sufficient to meet the needs of all individuals who request	54010
programs and services and may be offered the programs and	54011
services, it shall establish waiting lists for services. The board	54012
may establish priorities for making placements on its waiting	54013
lists according to an individual's emergency status and shall	54014
establish priorities in accordance with divisions (D) and (E) of	54015
this section.	54016

The individuals who may be placed on a waiting list include	54017
individuals with a need for services on an emergency basis and	54018
individuals who have requested services for which resources are	54019
not available.	54020

Except for an individual who is to receive priority for	54021
services pursuant to division (D)(3) of this section, an	54022
individual who currently receives a service but would like to	54023
change to another service shall not be placed on a waiting list	54024
but shall be placed on a service substitution list. The board	54025
shall work with the individual, service providers, and all	54026
appropriate entities to facilitate the change in service as	54027
expeditiously as possible. The board may establish priorities for	54028
making placements on its service substitution lists according to	54029
an individual's emergency status.	54030

In addition to maintaining waiting lists and service	54031
substitution lists, a board shall maintain a long-term service	54032
planning registry for individuals who wish to record their	54033
intention to request in the future a service they are not	54034
currently receiving. The purpose of the registry is to enable the	54035
board to document requests and to plan appropriately. The board	54036
may not place an individual on the registry who meets the	54037
conditions for receipt of services on an emergency basis.	54038

(C) A county board shall establish a separate waiting list	54039
for each of the following categories of services, and may	54040
establish separate waiting lists within the waiting lists:	54041

(1) Early childhood services;

54042

(2) Educational programs for preschool and school age	54043
children;	54044

(3) Adult services;

54045

(4) Service and support administration;

54046

(5) Residential services and supported living;

54047

(6) Transportation services;

54048

(7) Other services determined necessary and appropriate for	54049
persons with mental retardation or a developmental disability	54050
according to their individual habilitation or service plans;	54051

(8) Family support services provided under section 5126.11 of	54052
the Revised Code.	54053

(D) Except as provided in division (G) of this section, a	54054
county board shall do, as priorities, all of the following in	54055
accordance with the assessment component, approved under section	54056
5123.046 of the Revised Code, of the county board's plan developed	54057
under section 5126.054 of the Revised Code:	54058

(1) For the purpose of obtaining additional federal medicaid	54059
funds for home and community-based services and medicaid case	54060
management services, do both of the following:	54061

(a) Give an individual who is eligible for home and	54062
community-based services and meets both of the following	54063
requirements priority over any other individual on a waiting list	54064
established under division (C) of this section for home and	54065
community-based services that include supported living,	54066
residential services, or family support services:	54067

(i) Is twenty-two years of age or older;

54068

(ii) Receives supported living or family support services.

54069

(b) Give an individual who is eligible for home and	54070
community-based services and meets both of the following	54071
requirements priority over any other individual on a waiting list	54072
established under division (C) of this section for home and	54073
community-based services that include adult services:	54074

(i) Resides in the individual's own home or the home of the	54075
individual's family and will continue to reside in that home after	54076
enrollment in home and community-based services;	54077

(ii) Receives adult services from the county board.

54078

(2) As federal medicaid funds become available pursuant to	54079
division (D)(1) of this section, give an individual who is	54080
eligible for home and community-based services and meets any of	54081
the following requirements priority for such services over any	54082
other individual on a waiting list established under division (C)	54083
of this section:	54084

(a) Does not receive residential services or supported	54085
living, either needs services in the individual's current living	54086
arrangement or will need services in a new living arrangement, and	54087
has a primary caregiver who is sixty years of age or older;	54088

(b) Is less than twenty-two years of age and has at least one	54089
of the following service needs that are unusual in scope or	54090
intensity:	54091

(i) Severe behavior problems for which a behavior support	54092
plan is needed;	54093

(ii) An emotional disorder for which anti-psychotic	54094
medication is needed;	54095

(iii) A medical condition that leaves the individual	54096
dependent on life-support medical technology;	54097

(iv) A condition affecting multiple body systems for which a	54098
combination of specialized medical, psychological, educational, or	54099
habilitation services are needed;	54100

(v) A condition the county board determines to be comparable	54101
in severity to any condition described in ~~division~~divisions	54102
(D)(2)(b)(i) to (iv) of this section and places the individual at	54103
significant risk of institutionalization.	54104

(c) Is twenty-two years of age or older, does not receive	54105
residential services or supported living, and is determined by the	54106
county board to have intensive needs for home and community-based	54107
services on an in-home or out-of-home basis.	54108

(3) In fiscal years 2002 and 2003, give an individual who is	54109
eligible for home and community-based services, resides in an	54110
intermediate care facility for the mentally retarded or nursing	54111
facility, chooses to move to another setting with the help of home	54112
and community-based services, and has been determined by the	54113
department of mental retardation and developmental disabilities to	54114
be capable of residing in the other setting, priority over any	54115
other individual on a waiting list established under division (C)	54116
of this section for home and community-based services who does not	54117
meet these criteria. The department of mental retardation and	54118
developmental disabilities shall identify the individuals to	54119
receive priority under division (D)(3) of this section, assess the	54120
needs of the individuals, and notify the county boards that are to	54121
provide the individuals priority under division (D)(3) of this	54122
section of the individuals identified by the department and the	54123
individuals' assessed needs.	54124

(E) Except as provided in division (G) of this section and	54125
for a number of years and beginning on a date specified in rules	54126
adopted under division (K) of this section, a county board shall	54127
give an individual who is eligible for home and community-based	54128
services, resides in a nursing facility, and chooses to move to	54129
another setting with the help of home and community-based	54130
services, priority over any other individual on a waiting list	54131
established under division (C) of this section for home and	54132
community-based services who does not meet these criteria.	54133

(F) If two or more individuals on a waiting list established	54134
under division (C) of this section for home and community-based	54135
services have priority for the services pursuant to division	54136
(D)(1) or (2) or (E) of this section, a county board may use,	54137
until December 31, ~~2007~~2009, criteria specified in rules adopted	54138
under division (K)(2) of this section in determining the order in	54139
which the individuals with priority will be offered the services.	54140
Otherwise, the county board shall offer the home and	54141
community-based services to such individuals in the order they are	54142
placed on the waiting list.	54143

(G)(1) No individual may receive priority for services	54144
pursuant to division (D) or (E) of this section over an individual	54145
placed on a waiting list established under division (C) of this	54146
section on an emergency status.	54147

(2) No more than four hundred individuals in the state may	54148
receive priority for services during the ~~2006~~2008 and ~~2007~~2009	54149
biennium pursuant to division (D)(2)(b) of this section.	54150

(3) No more than a total of seventy-five individuals in the	54151
state may receive priority for services during state fiscal years	54152
2002 and 2003 pursuant to division (D)(3) of this section.	54153

(4) No more than forty individuals in the state may receive	54154
priority for services pursuant to division (E) of this section for	54155
each year that priority category is in effect as specified in	54156
rules adopted under division (K) of this section.	54157

(H) Prior to establishing any waiting list under this	54158
section, a county board shall develop and implement a policy for	54159
waiting lists that complies with this section and rules adopted	54160
under division (K) of this section.	54161

Prior to placing an individual on a waiting list, the county	54162
board shall assess the service needs of the individual in	54163
accordance with all applicable state and federal laws. The county	54164
board shall place the individual on the appropriate waiting list	54165
and may place the individual on more than one waiting list. The	54166
county board shall notify the individual of the individual's	54167
placement and position on each waiting list on which the	54168
individual is placed.	54169

At least annually, the county board shall reassess the	54170
service needs of each individual on a waiting list. If it	54171
determines that an individual no longer needs a program or	54172
service, the county board shall remove the individual from the	54173
waiting list. If it determines that an individual needs a program	54174
or service other than the one for which the individual is on the	54175
waiting list, the county board shall provide the program or	54176
service to the individual or place the individual on a waiting	54177
list for the program or service in accordance with the board's	54178
policy for waiting lists.	54179

When a program or service for which there is a waiting list	54180
becomes available, the county board shall reassess the service	54181
needs of the individual next scheduled on the waiting list to	54182
receive that program or service. If the reassessment demonstrates	54183
that the individual continues to need the program or service, the	54184
board shall offer the program or service to the individual. If it	54185
determines that an individual no longer needs a program or	54186
service, the county board shall remove the individual from the	54187
waiting list. If it determines that an individual needs a program	54188
or service other than the one for which the individual is on the	54189
waiting list, the county board shall provide the program or	54190
service to the individual or place the individual on a waiting	54191
list for the program or service in accordance with the board's	54192
policy for waiting lists. The county board shall notify the	54193
individual of the individual's placement and position on the	54194
waiting list on which the individual is placed.	54195

(I) A child subject to a determination made pursuant to	54196
section 121.38 of the Revised Code who requires the home and	54197
community-based services provided through a medicaid component	54198
that the department of mental retardation and developmental	54199
disabilities administers under section 5111.871 of the Revised	54200
Code shall receive services through that medicaid component. For	54201
all other services, a child subject to a determination made	54202
pursuant to section 121.38 of the Revised Code shall be treated as	54203
an emergency by the county boards and shall not be subject to a	54204
waiting list.	54205

(J) Not later than the fifteenth day of March of each	54206
even-numbered year, each county board shall prepare and submit to	54207
the director of mental retardation and developmental disabilities	54208
its recommendations for the funding of services for individuals	54209
with mental retardation and developmental disabilities and its	54210
proposals for reducing the waiting lists for services.	54211

(K)(1) The department of mental retardation and developmental	54212
disabilities shall adopt rules in accordance with Chapter 119. of	54213
the Revised Code governing waiting lists established under this	54214
section. The rules shall include procedures to be followed to	54215
ensure that the due process rights of individuals placed on	54216
waiting lists are not violated.	54217

(2) As part of the rules adopted under this division, the	54218
department shall adopt rules establishing criteria a county board	54219
may use under division (F) of this section in determining the	54220
order in which individuals with priority for home and	54221
community-based services will be offered the services. The rules	54222
shall also specify conditions under which a county board, when	54223
there is no individual with priority for home and community-based	54224
services pursuant to division (D)(1) or (2) or (E) of this section	54225
available and appropriate for the services, may offer the services	54226
to an individual on a waiting list for the services but not given	54227
such priority for the services. The rules adopted under division	54228
(K)(2) of this section shall cease to have effect December 31,	54229
~~2007~~2009.	54230

(3) As part of the rules adopted under this division, the	54231
department shall adopt rules specifying both of the following for	54232
the priority category established under division (E) of this	54233
section:	54234

(a) The number of years, which shall not exceed five, that	54235
the priority category will be in effect;	54236

(b) The date that the priority category is to go into effect.

54237

(L) The following shall take precedence over the applicable	54238
provisions of this section:	54239

(1) Medicaid rules and regulations;

54240

(2) Any specific requirements that may be contained within a	54241
medicaid state plan amendment or waiver program that a county	54242
board has authority to administer or with respect to which it has	54243
authority to provide services, programs, or supports.	54244

Sec. 5126.046. (A) Each county board of mental retardation	54245
and developmental disabilities that has medicaid local	54246
administrative authority under division (A) of section 5126.055 of	54247
the Revised Code for habilitation, vocational, or community	54248
employment services provided as part of home and community-based	54249
services shall create a list of all persons and government	54250
entities eligible to provide such habilitation, vocational, or	54251
community employment services. If the county board chooses and is	54252
eligible to provide such habilitation, vocational, or community	54253
employment services, the county board shall include itself on the	54254
list. The county board shall make the list available to each	54255
individual with mental retardation or other developmental	54256
disability who resides in the county and is eligible for such	54257
habilitation, vocational, or community employment services. The	54258
county board shall also make the list available to such	54259
individuals' families.	54260

An individual with mental retardation or other developmental	54261
disability who is eligible for habilitation, vocational, or	54262
community employment services may choose the provider of the	54263
services.	54264

~~A county board that has medicaid local administrative~~	54265
~~authority under division (A) of section 5126.055 of the Revised~~	54266
~~Code for habilitation, vocational, and community employment~~	54267
~~services provided as part of home and community-based services~~	54268
~~shall pay the nonfederal share of the habilitation, vocational,~~	54269
~~and community employment services when required by section~~	54270
~~5126.057 of the Revised Code. The department of mental retardation~~	54271
~~and developmental disabilities shall pay the nonfederal share of~~	54272
~~such habilitation, vocational, and community employment services~~	54273
~~when required by section 5123.047 of the Revised Code.~~	54274

(B) Each month, the department of mental retardation and	54275
developmental disabilities shall create a list of all persons and	54276
government entities eligible to provide residential services and	54277
supported living. The department shall include on the list all	54278
residential facilities licensed under section 5123.19 of the	54279
Revised Code and all supported living providers certified under	54280
section ~~5126.431~~5123.161 of the Revised Code. The department	54281
shall distribute the monthly lists to county boards that have	54282
local administrative authority under division (A) of section	54283
5126.055 of the Revised Code for residential services and	54284
supported living provided as part of home and community-based	54285
services. A county board that receives a list shall make it	54286
available to each individual with mental retardation or other	54287
developmental disability who resides in the county and is eligible	54288
for such residential services or supported living. The county	54289
board shall also make the list available to the families of those	54290
individuals.	54291

An individual who is eligible for residential services or	54292
supported living may choose the provider of the residential	54293
services or supported living.	54294

~~A county board that has medicaid local administrative~~	54295
~~authority under division (A) of section 5126.055 of the Revised~~	54296
~~Code for residential services and supported living provided as~~	54297
~~part of home and community-based services shall pay the nonfederal~~	54298
~~share of the residential services and supported living when~~	54299
~~required by section 5126.057 of the Revised Code. The department~~	54300
~~shall pay the nonfederal share of the residential services and~~	54301
~~supported living when required by section 5123.047 of the Revised~~	54302
~~Code.~~	54303

(C) If a county board that has medicaid local administrative	54304
authority under division (A) of section 5126.055 of the Revised	54305
Code for home and community-based services violates the right	54306
established by this section of an individual to choose a provider	54307
that is qualified and willing to provide services to the	54308
individual, the individual shall receive timely notice that the	54309
individual may request a hearing under section 5101.35 of the	54310
Revised Code.	54311

(D) The departments of mental retardation and developmental	54312
disabilities and job and family services shall adopt rules in	54313
accordance with Chapter 119. of the Revised Code governing the	54314
implementation of this section. The rules shall include procedures	54315
for individuals to choose their service providers. The rules shall	54316
not be limited by a provider selection system established under	54317
section 5126.42 of the Revised Code, including any pool of	54318
providers created pursuant to a provider selection system.	54319

Sec. 5126.05. (A) Subject to the rules established by the	54320
director of mental retardation and developmental disabilities	54321
pursuant to Chapter 119. of the Revised Code for programs and	54322
services offered pursuant to this chapter, and subject to the	54323
rules established by the state board of education pursuant to	54324
Chapter 119. of the Revised Code for programs and services offered	54325
pursuant to Chapter 3323. of the Revised Code, the county board of	54326
mental retardation and developmental disabilities shall:	54327

(1) Administer and operate facilities, programs, and services	54328
as provided by this chapter and Chapter 3323. of the Revised Code	54329
and establish policies for their administration and operation;	54330

(2) Coordinate, monitor, and evaluate existing services and	54331
facilities available to individuals with mental retardation and	54332
developmental disabilities;	54333

(3) Provide early childhood services, supportive home	54334
services, and adult services, according to the plan and priorities	54335
developed under section 5126.04 of the Revised Code;	54336

(4) Provide or contract for special education services	54337
pursuant to Chapters 3317. and 3323. of the Revised Code and	54338
ensure that related services, as defined in section 3323.01 of the	54339
Revised Code, are available according to the plan and priorities	54340
developed under section 5126.04 of the Revised Code;	54341

(5) Adopt a budget, authorize expenditures for the purposes	54342
specified in this chapter and do so in accordance with section	54343
319.16 of the Revised Code, approve attendance of board members	54344
and employees at professional meetings and approve expenditures	54345
for attendance, and exercise such powers and duties as are	54346
prescribed by the director;	54347

(6) Submit annual reports of its work and expenditures,	54348
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	54349
the director, the superintendent of public instruction, and the	54350
board of county commissioners at the close of the fiscal year and	54351
at such other times as may reasonably be requested;	54352

(7) Authorize all positions of employment, establish	54353
compensation, including but not limited to salary schedules and	54354
fringe benefits for all board employees, approve contracts of	54355
employment for management employees that are for a term of more	54356
than one year, employ legal counsel under section 309.10 of the	54357
Revised Code, and contract for employee benefits;	54358

(8) Provide service and support administration in accordance	54359
with section 5126.15 of the Revised Code;	54360

(9) Certify respite care homes pursuant to rules adopted	54361
under section 5123.171 of the Revised Code by the director of	54362
mental retardation and developmental disabilities.	54363

(B) To the extent that rules adopted under this section apply	54364
to the identification and placement of ~~handicapped~~ children with	54365
disabilities under Chapter 3323. of the Revised Code, they shall	54366
be consistent with the standards and procedures established under	54367
sections 3323.03 to 3323.05 of the Revised Code.	54368

(C) Any county board may enter into contracts with other such	54369
boards and with public or private, nonprofit, or profit-making	54370
agencies or organizations of the same or another county, to	54371
provide the facilities, programs, and services authorized or	54372
required, upon such terms as may be agreeable, and in accordance	54373
with this chapter and Chapter 3323. of the Revised Code and rules	54374
adopted thereunder and in accordance with sections 307.86 and	54375
5126.071 of the Revised Code.	54376

(D) A county board may combine transportation for children	54377
and adults enrolled in programs and services offered under section	54378
5126.12 with transportation for children enrolled in classes	54379
funded under section 3317.20 or units approved under section	54380
3317.05 of the Revised Code.	54381

(E) A county board may purchase all necessary insurance	54382
policies, may purchase equipment and supplies through the	54383
department of administrative services or from other sources, and	54384
may enter into agreements with public agencies or nonprofit	54385
organizations for cooperative purchasing arrangements.	54386

(F) A county board may receive by gift, grant, devise, or	54387
bequest any moneys, lands, or property for the benefit of the	54388
purposes for which the board is established and hold, apply, and	54389
dispose of the moneys, lands, and property according to the terms	54390
of the gift, grant, devise, or bequest. All money received by	54391
gift, grant, bequest, or disposition of lands or property received	54392
by gift, grant, devise, or bequest shall be deposited in the	54393
county treasury to the credit of such board and shall be available	54394
for use by the board for purposes determined or stated by the	54395
donor or grantor, but may not be used for personal expenses of the	54396
board members. Any interest or earnings accruing from such gift,	54397
grant, devise, or bequest shall be treated in the same manner and	54398
subject to the same provisions as such gift, grant, devise, or	54399
bequest.	54400

(G) The board of county commissioners shall levy taxes and	54401
make appropriations sufficient to enable the county board of	54402
mental retardation and developmental disabilities to perform its	54403
functions and duties, and may utilize any available local, state,	54404
and federal funds for such purpose.	54405

Sec. 5126.054. (A) Each county board of mental retardation	54406
and developmental disabilities shall, by resolution, develop a	54407
three-calendar year plan that includes the following ~~four~~three	54408
components:	54409

(1) An assessment component that includes all of the	54410
following:	54411

(a) The number of individuals with mental retardation or	54412
other developmental disability residing in the county who need the	54413
level of care provided by an intermediate care facility for the	54414
mentally retarded, may seek home and community-based services, are	54415
given priority for the services pursuant to division (D) of	54416
section 5126.042 of the Revised Code; the service needs of those	54417
individuals; and the projected annualized cost for services;	54418

(b) The source of funds available to the county board to pay	54419
the nonfederal share of medicaid expenditures that the county	54420
board is required by ~~division (A) of section 5126.057~~sections	54421
5126.059 and 5126.0510 of the Revised Code to pay;	54422

(c) Any other applicable information or conditions that the	54423
department of mental retardation and developmental disabilities	54424
requires as a condition of approving the component under section	54425
5123.046 of the Revised Code.	54426

(2) ~~A component that provides for the recruitment, training,~~	54427
~~and retention of existing and new direct care staff necessary to~~	54428
~~implement services included in individualized service plans,~~	54429
~~including behavior management services and health management~~	54430
~~services such as delegated nursing and other habilitation~~	54431
~~services, and protect the health and welfare of individuals~~	54432
~~receiving services included in the individual's individualized~~	54433
~~service plan by complying with safeguards for unusual and major~~	54434
~~unusual incidents, day-to-day program management, and other~~	54435
~~requirements the department shall identify. A county board shall~~	54436
~~develop this component in collaboration with providers of~~	54437
~~medicaid-funded services with which the county board contracts. A~~	54438
~~county board shall include all of the following in the component:~~	54439

~~(a) The source and amount of funds available for the~~	54440
~~component;~~	54441

~~(b) A plan and timeline for implementing the component with~~	54442
~~the medicaid providers under contract with the county board;~~	54443

(~~c) The mechanisms the county board shall use to ensure the~~	54444
~~financial and program accountability of the medicaid provider's~~	54445
~~implementation of the component.~~	54446

~~(3)~~ A preliminary implementation component that specifies the	54447
number of individuals to be provided, during the first year that	54448
the plan is in effect, home and community-based services pursuant	54449
to the priority given to them under divisions (D)(1) and (2) of	54450
section 5126.042 of the Revised Code and the types of home and	54451
community-based services the individuals are to receive;	54452

~~(4)~~(3) A component that provides for the implementation of	54453
medicaid case management services and home and community-based	54454
services for individuals who begin to receive the services on or	54455
after the date the plan is approved under section 5123.046 of the	54456
Revised Code. A county board shall include all of the following in	54457
the component:	54458

(a) If the department of mental retardation and developmental	54459
disabilities or department of job and family services requires, an	54460
agreement to pay the nonfederal share of medicaid expenditures	54461
that the county board is required by ~~division (A) of section~~	54462
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code to	54463
pay;	54464

(b) How the services are to be phased in over the period the	54465
plan covers, including how the county board will serve individuals	54466
on a waiting list established under division (C) of section	54467
5126.042 who are given priority status under division (D)(1) of	54468
that section;	54469

(c) Any agreement or commitment regarding the county board's	54470
funding of home and community-based services that the county board	54471
has with the department at the time the county board develops the	54472
component;	54473

(d) Assurances adequate to the department that the county	54474
board will comply with all of the following requirements:	54475

(i) To provide the types of home and community-based services	54476
specified in the preliminary implementation component required by	54477
division (A)~~(3)~~(2) of this section to at least the number of	54478
individuals specified in that component;	54479

(ii) To use any additional funds the county board receives	54480
for the services to improve the county board's resource	54481
capabilities for supporting such services available in the county	54482
at the time the component is developed and to expand the services	54483
to accommodate the unmet need for those services in the county;	54484

(iii) To employ a business manager who is either a new	54485
employee who has earned at least a bachelor's degree in business	54486
administration or a current employee who has the equivalent	54487
experience of a bachelor's degree in business administration. If	54488
the county board will employ a new employee, the county board	54489
shall include in the component a timeline for employing the	54490
employee.	54491

(iv) To employ or contract with a medicaid services manager	54492
who is either a new employee who has earned at least a bachelor's	54493
degree or a current employee who has the equivalent experience of	54494
a bachelor's degree. If the county board will employ a new	54495
employee, the county board shall include in the component a	54496
timeline for employing the employee. Two or three county boards	54497
that have a combined total enrollment in county board services not	54498
exceeding one thousand individuals as determined pursuant to	54499
certifications made under division (B) of section 5126.12 of the	54500
Revised Code may satisfy this requirement by sharing the services	54501
of a medicaid services manager or using the services of a medicaid	54502
services manager employed by or under contract with a regional	54503
council that the county boards establish under section 5126.13 of	54504
the Revised Code.	54505

(e) ~~An agreement to comply with the method, developed by~~	54506
~~rules adopted under section 5123.0413 of the Revised Code, of~~	54507
~~paying for extraordinary costs, including extraordinary costs for~~	54508
~~services to individuals with mental retardation or other~~	54509
~~developmental disability, and ensuring the availability of~~	54510
~~adequate funds in the event a county property tax levy for~~	54511
~~services for individuals with mental retardation or other~~	54512
~~developmental disability fails;~~	54513

~~(f)~~ Programmatic and financial accountability measures and	54514
projected outcomes expected from the implementation of the plan;	54515

~~(g)~~(f) Any other applicable information or conditions that	54516
the department requires as a condition of approving the component	54517
under section 5123.046 of the Revised Code.	54518

(B) ~~For the purpose of obtaining the department's approval~~	54519
~~under section 5123.046 of the Revised Code of the plan the county~~	54520
~~board develops under division (A) of this section, a county board~~	54521
~~shall do all of the following:~~	54522

~~(1) Submit the components required by divisions (A)(1) and~~	54523
~~(2) of this section to the department not later than August 1,~~	54524
~~2001;~~	54525

~~(2) Submit the component required by division (A)(3) of this~~	54526
~~section to the department not later than January 31, 2002;~~	54527

~~(3) Submit the component required by division (A)(4) of this~~	54528
~~section to the department not later than July 1, 2002.~~	54529

~~(C)~~ A county board whose plan developed under division (A) of	54530
this section is approved by the department under section 5123.046	54531
of the Revised Code shall update and renew the plan in accordance	54532
with a schedule the department shall develop.	54533

Sec. 5126.055. (A) Except as provided in section 5126.056	54534
of the Revised Code, a county board of mental retardation and	54535
developmental disabilities has medicaid local administrative	54536
authority to, and shall, do all of the following for an individual	54537
with mental retardation or other developmental disability who	54538
resides in the county that the county board serves and seeks or	54539
receives home and community-based services:	54540

(1) Perform assessments and evaluations of the individual. As	54541
part of the assessment and evaluation process, the county board	54542
shall do all of the following:	54543

(a) Make a recommendation to the department of mental	54544
retardation and developmental disabilities on whether the	54545
department should approve or deny the individual's application for	54546
the services, including on the basis of whether the individual	54547
needs the level of care an intermediate care facility for the	54548
mentally retarded provides;	54549

(b) If the individual's application is denied because of the	54550
county board's recommendation and the individual requests a	54551
hearing under section 5101.35 of the Revised Code, present, with	54552
the department of mental retardation and developmental	54553
disabilities or department of job and family services, whichever	54554
denies the application, the reasons for the recommendation and	54555
denial at the hearing;	54556

(c) If the individual's application is approved, recommend to	54557
the departments of mental retardation and developmental	54558
disabilities and job and family services the services that should	54559
be included in the individual's individualized service plan and,	54560
if either department approves, reduces, denies, or terminates a	54561
service included in the individual's individualized service plan	54562
under section 5111.871 of the Revised Code because of the county	54563
board's recommendation, present, with the department that made the	54564
approval, reduction, denial, or termination, the reasons for the	54565
recommendation and approval, reduction, denial, or termination at	54566
a hearing under section 5101.35 of the Revised Code.	54567

(2) If the individual has been identified by the department	54568
of mental retardation and developmental disabilities as an	54569
individual to receive priority for home and community-based	54570
services pursuant to division (D)(3) of section 5126.042 of the	54571
Revised Code, assist the department in expediting the transfer of	54572
the individual from an intermediate care facility for the mentally	54573
retarded or nursing facility to the home and community-based	54574
services;	54575

(3) In accordance with the rules adopted under section	54576
5126.046 of the Revised Code, perform the county board's duties	54577
under that section regarding assisting the individual's right to	54578
choose a qualified and willing provider of the services and, at a	54579
hearing under section 5101.35 of the Revised Code, present	54580
evidence of the process for appropriate assistance in choosing	54581
providers;	54582

(4) ~~Unless the county board provides the services under~~	54583
~~division (A)(5) of this section, contract with the person or~~	54584
~~government entity the individual chooses in accordance with~~	54585
~~section 5126.046 of the Revised Code to provide the services if~~	54586
~~the person or government entity is qualified and agrees to provide~~	54587
~~the services. The contract shall contain all the provisions~~	54588
~~required by section 5126.035 of the Revised Code and require the~~	54589
~~provider to agree to furnish, in accordance with the provider's~~	54590
~~medicaid provider agreement and for the authorized reimbursement~~	54591
~~rate, the services the individual requires.~~	54592

~~(5)~~ If the county board is certified under section ~~5123.16~~	54593
5123.161 of the Revised Code to provide the services and agrees to	54594
provide the services to the individual and the individual chooses	54595
the county board to provide the services, furnish, in accordance	54596
with the county board's medicaid provider agreement and for the	54597
authorized reimbursement rate, the services the individual	54598
requires;	54599

~~(6)~~(5) Monitor the services provided to the individual and	54600
ensure the individual's health, safety, and welfare. The	54601
monitoring shall include quality assurance activities. If the	54602
county board provides the services, the department of mental	54603
retardation and developmental disabilities shall also monitor the	54604
services.	54605

~~(7)~~(6) Develop, with the individual and the provider of the	54606
individual's services, an effective individualized service plan	54607
that includes coordination of services, recommend that the	54608
departments of mental retardation and developmental disabilities	54609
and job and family services approve the plan, and implement the	54610
plan unless either department disapproves it;	54611

~~(8)~~(7) Have an investigative agent conduct investigations	54612
under section 5126.313 of the Revised Code that concern the	54613
individual;	54614

~~(9)~~(8) Have a service and support administrator perform the	54615
duties under division (B)(9) of section 5126.15 of the Revised	54616
Code that concern the individual.	54617

(B) A county board shall perform its medicaid local	54618
administrative authority under this section in accordance with all	54619
of the following:	54620

(1) The county board's plan that the department of mental	54621
retardation and developmental disabilities approves under section	54622
5123.046 of the Revised Code;	54623

(2) All applicable federal and state laws;

54624

(3) All applicable policies of the departments of mental	54625
retardation and developmental disabilities and job and family	54626
services and the United States department of health and human	54627
services;	54628

(4) The department of job and family services' supervision	54629
under its authority under section 5111.01 of the Revised Code to	54630
act as the single state medicaid agency;	54631

(5) The department of mental retardation and developmental	54632
disabilities' oversight.	54633

(C) The departments of mental retardation and developmental	54634
disabilities and job and family services shall communicate with	54635
and provide training to county boards regarding medicaid local	54636
administrative authority granted by this section. The	54637
communication and training shall include issues regarding audit	54638
protocols and other standards established by the United States	54639
department of health and human services that the departments	54640
determine appropriate for communication and training. County	54641
boards shall participate in the training. The departments shall	54642
assess the county board's compliance against uniform standards	54643
that the departments shall establish.	54644

(D) A county board may not delegate its medicaid local	54645
administrative authority granted under this section but may	54646
contract with a person or government entity, including a council	54647
of governments, for assistance with its medicaid local	54648
administrative authority. A county board that enters into such a	54649
contract shall notify the director of mental retardation and	54650
developmental disabilities. The notice shall include the tasks and	54651
responsibilities that the contract gives to the person or	54652
government entity. The person or government entity shall comply in	54653
full with all requirements to which the county board is subject	54654
regarding the person or government entity's tasks and	54655
responsibilities under the contract. The county board remains	54656
ultimately responsible for the tasks and responsibilities.	54657

(E) A county board that has medicaid local administrative	54658
authority under this section shall, through the departments of	54659
mental retardation and developmental disabilities and job and	54660
family services, reply to, and cooperate in arranging compliance	54661
with, a program or fiscal audit or program violation exception	54662
that a state or federal audit or review discovers. The department	54663
of job and family services shall timely notify the department of	54664
mental retardation and developmental disabilities and the county	54665
board of any adverse findings. After receiving the notice, the	54666
county board, in conjunction with the department of mental	54667
retardation and developmental disabilities, shall cooperate fully	54668
with the department of job and family services and timely prepare	54669
and send to the department a written plan of correction or	54670
response to the adverse findings. The county board is liable for	54671
any adverse findings that result from an action it takes or fails	54672
to take in its implementation of medicaid local administrative	54673
authority.	54674

(F) If the department of mental retardation and developmental	54675
disabilities or department of job and family services determines	54676
that a county board's implementation of its medicaid local	54677
administrative authority under this section is deficient, the	54678
department that makes the determination shall require that county	54679
board do the following:	54680

(1) If the deficiency affects the health, safety, or welfare	54681
of an individual with mental retardation or other developmental	54682
disability, correct the deficiency within twenty-four hours;	54683

(2) If the deficiency does not affect the health, safety, or	54684
welfare of an individual with mental retardation or other	54685
developmental disability, receive technical assistance from the	54686
department or submit a plan of correction to the department that	54687
is acceptable to the department within sixty days and correct the	54688
deficiency within the time required by the plan of correction.	54689

Sec. 5126.056. (A) The department of mental retardation and	54690
developmental disabilities shall take action under division (B) of	54691
this section against a county board of mental retardation and	54692
developmental disabilities if any of the following are the case:	54693

(1) The county board fails to submit to the department all	54694
the components of its three-year plan required by section 5126.054	54695
of the Revised Code ~~within the time required by division (B) of~~	54696
~~that section~~.	54697

(2) The department disapproves the county board's three-year	54698
plan under section 5123.046 of the Revised Code.	54699

(3) The county board fails, as required by division ~~(C)~~(B) of	54700
section 5126.054 of the Revised Code, to update and renew its	54701
three-year plan in accordance with a schedule the department	54702
develops under that section.	54703

(4) The county board fails to implement its initial or	54704
renewed three-year plan approved by the department.	54705

(5) The county board fails to correct a deficiency within the	54706
time required by division (F) of section 5126.055 of the Revised	54707
Code to the satisfaction of the department.	54708

(6) The county board fails to submit an acceptable plan of	54709
correction to the department within the time required by division	54710
(F)(2) of section 5126.055 of the Revised Code.	54711

(B) If required by division (A) of this section to take	54712
action against a county board, the department shall issue an order	54713
terminating the county board's medicaid local administrative	54714
authority over all or part of home and community-based services,	54715
medicaid case management services, or all or part of both of those	54716
services. The department shall provide a copy of the order to the	54717
board of county commissioners, senior probate judge, county	54718
auditor, and president and superintendent of the county board. The	54719
department shall specify in the order the medicaid local	54720
administrative authority that the department is terminating, the	54721
reason for the termination, and the county board's option and	54722
responsibilities under this division.	54723

A county board whose medicaid local administrative authority	54724
is terminated may, not later than thirty days after the department	54725
issues the termination order, recommend to the department that	54726
another county board that has not had any of its medicaid local	54727
administrative authority terminated or another entity the	54728
department approves administer the services for which the county	54729
board's medicaid local administrative authority is terminated. The	54730
department may contract with the other county board or entity to	54731
administer the services. If the department enters into such a	54732
contract, the county board shall adopt a resolution giving the	54733
other county board or entity full medicaid local administrative	54734
authority over the services that the other county board or entity	54735
is to administer. The other county board or entity shall be known	54736
as the contracting authority.	54737

If the department rejects the county board's recommendation	54738
regarding a contracting authority, the county board may appeal the	54739
rejection under section 5123.043 of the Revised Code.	54740

If the county board does not submit a recommendation to the	54741
department regarding a contracting authority within the required	54742
time or the department rejects the county board's recommendation	54743
and the rejection is upheld pursuant to an appeal, if any, under	54744
section 5123.043 of the Revised Code, the department shall appoint	54745
an administrative receiver to administer the services for which	54746
the county board's medicaid local administrative authority is	54747
terminated. To the extent necessary for the department to appoint	54748
an administrative receiver, the department may utilize employees	54749
of the department, management personnel from another county board,	54750
or other individuals who are not employed by or affiliated with in	54751
any manner a person that provides home and community-based	54752
services or medicaid case management services pursuant to a	54753
contract with any county board. The administrative receiver shall	54754
assume full administrative responsibility for the county board's	54755
services for which the county board's medicaid local	54756
administrative authority is terminated.	54757

The contracting authority or administrative receiver shall	54758
develop and submit to the department a plan of correction to	54759
remediate the problems that caused the department to issue the	54760
termination order. If, after reviewing the plan, the department	54761
approves it, the contracting authority or administrative receiver	54762
shall implement the plan.	54763

The county board shall transfer control of state and federal	54764
funds it is otherwise eligible to receive for the services for	54765
which the county board's medicaid local administrative authority	54766
is terminated and funds the county board may use under division	54767
~~(B)~~(A) of section ~~5126.057~~5126.0511 of the Revised Code to pay	54768
the nonfederal share of the services that the county board is	54769
required by ~~division (A) of that section~~sections 5126.059 and	54770
5126.0510 of the Revised Code to pay. The county board shall	54771
transfer control of the funds to the contracting authority or	54772
administrative receiver administering the services. The amount the	54773
county board shall transfer shall be the amount necessary for the	54774
contracting authority or administrative receiver to fulfill its	54775
duties in administering the services, including its duties to pay	54776
its personnel for time worked, travel, and related matters. If the	54777
county board fails to make the transfer, the department may	54778
withhold the state and federal funds from the county board and	54779
bring a mandamus action against the county board in the court of	54780
common pleas of the county served by the county board or in the	54781
Franklin county court of common pleas. The mandamus action may not	54782
require that the county board transfer any funds other than the	54783
funds the county board is required by division (B) of this section	54784
to transfer.	54785

The contracting authority or administrative receiver has the	54786
right to authorize the payment of bills in the same manner that	54787
the county board may authorize payment of bills under this chapter	54788
and section 319.16 of the Revised Code.	54789

Sec. 5126.059. A county board of mental retardation and	54790
developmental disabilities shall pay the nonfederal share of	54791
medicaid expenditures for medicaid case management services the	54792
county board provides to an individual with mental retardation or	54793
other developmental disability who the county board determines	54794
under section 5126.041 of the Revised Code is eligible for county	54795
board services.	54796

Sec. 5126.0510. (A) Except as otherwise provided in an	54797
agreement entered into under section 5123.048 of the Revised Code	54798
and subject to divisions (B), (C), and (D) of this section, a	54799
county board of mental retardation and developmental disabilities	54800
shall pay the nonfederal share of medicaid expenditures for the	54801
following home and community-based services provided to an	54802
individual with mental retardation or other developmental	54803
disability who the county board determines under section 5126.041	54804
of the Revised Code is eligible for county board services:	54805

(1) Home and community-based services provided by the county	54806
board to such an individual;	54807

(2) Home and community-based services provided by a provider	54808
other than the county board to such an individual who is enrolled	54809
as of June 30, 2007, in the medicaid waiver component under which	54810
the services are provided;	54811

(3) Home and community-based services provided by a provider	54812
other than the county board to such an individual who, pursuant to	54813
a request the county board makes, enrolls in the medicaid waiver	54814
component under which the services are provided after June 30,	54815
2007;	54816

(4) Home and community-based services provided by a provider	54817
other than the county board to such an individual for whom there	54818
is in effect an agreement entered into under division (E) of this	54819
section between the county board and director of mental	54820
retardation and developmental disabilities.	54821

(B) In the case of medicaid expenditures for home and	54822
community-based services for which division (A)(2) of this section	54823
requires a county board to pay the nonfederal share, the following	54824
shall apply to such services provided during fiscal year 2008	54825
under the individual options medicaid waiver component:	54826

(1) The county board shall pay no less than the total amount	54827
the county board paid as the nonfederal share for home and	54828
community-based services provided in fiscal year 2007 under the	54829
individual options medicaid waiver component;	54830

(2) The county board shall pay no more than the sum of the	54831
following:	54832

(a) The total amount the county board paid as the nonfederal	54833
share for home and community-based services provided in fiscal	54834
year 2007 under the individual options medicaid waiver component;	54835

(b) An amount equal to one per cent of the total amount the	54836
department of mental retardation and developmental disabilities	54837
and county board paid as the nonfederal share for home and	54838
community-based services provided in fiscal year 2007 under the	54839
individual options medicaid waiver component to individuals the	54840
county board determined under section 5126.041 of the Revised Code	54841
are eligible for county board services.	54842

(C) A county board is not required to pay the nonfederal	54843
share of home and community-based services provided after June 30,	54844
2008, that the county board is otherwise required by division	54845
(A)(2) of this section to pay if the department of mental	54846
retardation and developmental disabilities fails to comply with	54847
division (A) of section 5123.0416 of the Revised Code.	54848

(D) A county board is not required to pay the nonfederal	54849
share of home and community-based services that the county board	54850
is otherwise required by division (A)(3) of this section to pay if	54851
both of the following apply:	54852

(1) The services are provided to an individual who enrolls in	54853
the medicaid waiver component under which the services are	54854
provided as the result of an order issued following a state	54855
hearing, administrative appeal, or appeal to a court of common	54856
pleas made under section 5101.35 of the Revised Code;	54857

(2) There are more individuals who are eligible for services	54858
from the county board enrolled in the medicaid waiver component	54859
than is required by section 5126.0512 of the Revised Code.	54860

(E) A county board may enter into an agreement with the	54861
director of mental retardation and developmental disabilities	54862
under which the county board agrees to pay the nonfederal share of	54863
medicaid expenditures for one or more home and community-based	54864
services that the county board is not otherwise required by	54865
division (A)(1), (2), or (3) of this section to pay and that are	54866
provided to an individual the county board determines under	54867
section 5126.041 of the Revised Code is eligible for county board	54868
services. The agreement shall specify which home and	54869
community-based services the agreement covers. The county board	54870
shall pay the nonfederal share of medicaid expenditures for the	54871
home and community-based services that the agreement covers as	54872
long as the agreement is in effect.	54873

~~Sec. 5126.057.~~ Sec. 5126.0511. (A) ~~A county board of mental~~	54874
~~retardation and developmental disabilities that has medicaid local~~	54875
~~administrative authority under division (A) of section 5126.055 of~~	54876
~~the Revised Code for home and community-based services shall pay~~	54877
~~the nonfederal share of medicaid expenditures for such services~~	54878
~~provided to an individual with mental retardation or other~~	54879
~~developmental disability who the county board determines under~~	54880
~~section 5126.041 of the Revised Code is eligible for county board~~	54881
~~services unless division (B)(2) or (3) of section 5123.047 of the~~	54882
~~Revised Code requires the department of mental retardation and~~	54883
~~developmental disabilities to pay the nonfederal share.~~	54884

~~A county board that provides medicaid case management~~	54885
~~services shall pay the nonfederal share of medicaid expenditures~~	54886
~~for such services provided to an individual with mental~~	54887
~~retardation or other developmental disability who the county board~~	54888
~~determines under section 5126.041 of the Revised Code is eligible~~	54889
~~for county board services.~~	54890

~~(B)~~ A county board of mental retardation and developmental	54891
disabilities may use the following funds to pay the nonfederal	54892
share of the ~~services~~medicaid expenditures that the county board	54893
is required by ~~division (A)~~sections 5126.059 and 5126.0510 of	54894
~~this section~~the Revised Code to pay:	54895

(1) To the extent consistent with the levy that generated the	54896
taxes, the following taxes:	54897

(a) Taxes levied pursuant to division (L) of section 5705.19	54898
of the Revised Code and section 5705.222 of the Revised Code;	54899

(b) Taxes levied under section 5705.191 of the Revised Code	54900
that the board of county commissioners allocates to the county	54901
board ~~to pay the nonfederal share of the services~~.	54902

(2) Funds that the department of mental retardation and	54903
developmental disabilities distributes to the county board under	54904
sections 5126.11~~, 5126.12, 5126.15,~~and 5126.18~~, and 5126.44~~ of	54905
the Revised Code;	54906

(3) Earned federal revenue funds the county board receives	54907
for medicaid services the county board provides pursuant to the	54908
county board's valid medicaid provider agreement;	54909

(4) Funds that the department of mental retardation and	54910
developmental disabilities distributes to the county board as	54911
subsidy payments;	54912

(5) In the case of medicaid expenditures for home and	54913
community-based services, funds allocated to or otherwise made	54914
available for the county board under section 5123.0416 of the	54915
Revised Code to pay the nonfederal share of such medicaid	54916
expenditures.	54917

~~(C) If by December 31, 2001, the United States secretary of~~	54918
~~health and human services approves at least five hundred more~~	54919
~~slots for home and community-based services for calendar year 2002~~	54920
~~than were available for calendar year 2001, each county board~~	54921
~~shall provide, by the last day of calendar year 2001, assurances~~	54922
~~to the department of mental retardation and developmental~~	54923
~~disabilities that the county board will have for calendar year~~	54924
~~2002 at least one-third of the value of one-half, effective mill~~	54925
~~levied in the county the preceding year available to pay the~~	54926
~~nonfederal share of the services that the county board is required~~	54927
~~by division (A) of this section to pay.~~	54928

~~If by December 31, 2002, the United States secretary approves~~	54929
~~at least five hundred more slots for home and community-based~~	54930
~~services for calendar year 2003 than were available for calendar~~	54931
~~year 2002, each county board shall provide, by the last day of~~	54932
~~calendar year 2002, assurances to the department that the county~~	54933
~~board will have for calendar year 2003 at least two-thirds of the~~	54934
~~value of one-half, effective mill levied in the county the~~	54935
~~preceding year available to pay the nonfederal share of the~~	54936
~~services that the county board is required by division (A) of this~~	54937
~~section to pay.~~	54938

~~If by December 31, 2003, the United States secretary approves~~	54939
~~at least five hundred more slots for home and community-based~~	54940
~~services for calendar year 2004 than were available for calendar~~	54941
~~year 2003, each county board shall provide, by the last day of~~	54942
~~calendar year 2003 and each calendar year thereafter, assurances~~	54943
~~to the department that the county board will have for calendar~~	54944
~~year 2004 and each calendar year thereafter at least the value of~~	54945
~~one-half, effective mill levied in the county the preceding year~~	54946
~~available to pay the nonfederal share of the services that the~~	54947
~~county board is required by division (A) of this section to pay.~~	54948

~~(D)~~ Each year, each county board shall adopt a resolution	54949
specifying the amount of funds it will use in the next year to pay	54950
the nonfederal share of the ~~services~~medicaid expenditures that	54951
the county board is required by ~~division (A) of this section~~	54952
sections 5126.059 and 5126.0510 of the Revised Code to pay. The	54953
amount specified shall be adequate to assure that the services for	54954
which the medicaid expenditures are made will be available in the	54955
county in a manner that conforms to all applicable state and	54956
federal laws. A county board shall state in its resolution that	54957
the payment of the nonfederal share represents an ongoing	54958
financial commitment of the county board. A county board shall	54959
adopt the resolution in time for the county auditor to make the	54960
determination required by division ~~(E)~~(C) of this section.	54961

~~(E)~~(C) Each year, a county auditor shall determine whether	54962
the amount of funds a county board specifies in the resolution it	54963
adopts under division ~~(D)~~(B) of this section will be available in	54964
the following year for the county board to pay the nonfederal	54965
share of the ~~services~~medicaid expenditures that the county board	54966
is required by ~~division (A) of this section~~sections 5126.059 and	54967
5126.0510 of the Revised Code to pay. The county auditor shall	54968
make the determination not later than the last day of the year	54969
before the year in which the funds are to be used.	54970

Sec. 5126.0512. (A) As used in this section, "medicaid	54971
waiver component" means a medicaid waiver component as defined in	54972
section 5111.85 of the Revised Code under which home and	54973
community-based services are provided.	54974

(B) Effective July 1, 2007, each county board of mental	54975
retardation and developmental disabilities shall ensure, for each	54976
medicaid waiver component, that the number of individuals eligible	54977
under section 5126.041 of the Revised Code for services from the	54978
county board who are enrolled in a medicaid waiver component is no	54979
less than the sum of the following:	54980

(1) The number of individuals eligible for services from the	54981
county board who are enrolled in the medicaid waiver component on	54982
June 30, 2007;	54983

(2) The number of medicaid waiver component slots the county	54984
board requested before July 1, 2007, that were assigned to the	54985
county board before that date but in which no individual was	54986
enrolled before that date.	54987

(C) An individual enrolled in a medicaid waiver component	54988
after March 1, 2007, due to an emergency reserve capacity waiver	54989
assignment shall not be counted in determining the number of	54990
individuals a county board must ensure under division (B) of this	54991
section are enrolled in a medicaid waiver component.	54992

(D) An individual who is enrolled in a medicaid waiver	54993
component to comply with the terms of the consent order filed	54994
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in	54995
the United States district court for the southern district of	54996
Ohio, eastern division, shall be excluded in determining whether a	54997
county board has complied with division (B) of this section.	54998

(E) A county board shall make as many requests for	54999
individuals to be enrolled in a medicaid waiver component as	55000
necessary for the county board to comply with division (B) of this	55001
section.	55002

Sec. 5126.06. (A) Except as provided in division (B) of this	55003
section ~~and section 5126.036 of the Revised Code~~, any person who	55004
has a complaint involving any of the programs, services, policies,	55005
or administrative practices of a county board of mental	55006
retardation and developmental disabilities or any of the entities	55007
under contract with the county board, may file a complaint with	55008
the board. Prior to commencing a civil action regarding the	55009
complaint, a person shall attempt to have the complaint resolved	55010
through the administrative resolution process established in the	55011
rules adopted under section 5123.043 of the Revised Code. After	55012
exhausting the administrative resolution process, the person may	55013
commence a civil action if the complaint is not settled to the	55014
person's satisfaction.	55015

(B) An employee of a county board may not file under this	55016
section a complaint related to the terms and conditions of	55017
employment of the employee.	55018

Sec. 5126.12. (A) As used in this section:

55019

(1) "Approved school age class" means a class operated by a	55020
county board of mental retardation and developmental disabilities	55021
and funded by the department of education under section 3317.20 of	55022
the Revised Code.	55023

(2) "Approved preschool unit" means a class or unit operated	55024
by a county board of mental retardation and developmental	55025
disabilities and approved under division (B) of section 3317.05 of	55026
the Revised Code.	55027

(3) "Active treatment" means a continuous treatment program,	55028
which includes aggressive, consistent implementation of a program	55029
of specialized and generic training, treatment, health services,	55030
and related services, that is directed toward the acquisition of	55031
behaviors necessary for an individual with mental retardation or	55032
other developmental disability to function with as much	55033
self-determination and independence as possible and toward the	55034
prevention of deceleration, regression, or loss of current optimal	55035
functional status.	55036

(4) "Eligible for active treatment" means that an individual	55037
with mental retardation or other developmental disability resides	55038
in an intermediate care facility for the mentally retarded	55039
certified under Title XIX of the "Social Security Act," 79 Stat.	55040
286 (1965), 42 U.S.C. 1396, as amended; resides in a state	55041
institution operated by the department of mental retardation and	55042
developmental disabilities; or is enrolled in home and	55043
community-based services.	55044

(5) "Traditional adult services" means vocational and	55045
nonvocational activities conducted within a sheltered workshop or	55046
adult activity center or supportive home services.	55047

(B) Each county board of mental retardation and developmental	55048
disabilities shall certify to the director of mental retardation	55049
and developmental disabilities all of the following:	55050

(1) On or before the fifteenth day of October, the average	55051
daily membership for the first full week of programs and services	55052
during October receiving:	55053

(a) Early childhood services provided pursuant to section	55054
5126.05 of the Revised Code for children who are less than three	55055
years of age on the thirtieth day of September of the academic	55056
year;	55057

(b) Special education for ~~handicapped~~ children with	55058
disabilities in approved school age classes;	55059

(c) Adult services for persons sixteen years of age and older	55060
operated pursuant to section 5126.05 and division (B) of section	55061
5126.051 of the Revised Code. Separate counts shall be made for	55062
the following:	55063

(i) Persons enrolled in traditional adult services who are	55064
eligible for but not enrolled in active treatment;	55065

(ii) Persons enrolled in traditional adult services who are	55066
eligible for and enrolled in active treatment;	55067

(iii) Persons enrolled in traditional adult services but who	55068
are not eligible for active treatment;	55069

(iv) Persons participating in community employment services.	55070
To be counted as participating in community employment services, a	55071
person must have spent an average of no less than ten hours per	55072
week in that employment during the preceding six months.	55073

(d) Other programs in the county for individuals with mental	55074
retardation and developmental disabilities that have been approved	55075
for payment of subsidy by the department of mental retardation and	55076
developmental disabilities.	55077

The membership in each such program and service in the county	55078
shall be reported on forms prescribed by the department of mental	55079
retardation and developmental disabilities.	55080

The department of mental retardation and developmental	55081
disabilities shall adopt rules defining full-time equivalent	55082
enrollees and for determining the average daily membership	55083
therefrom, except that certification of average daily membership	55084
in approved school age classes shall be in accordance with rules	55085
adopted by the state board of education. The average daily	55086
membership figure shall be determined by dividing the amount	55087
representing the sum of the number of enrollees in each program or	55088
service in the week for which the certification is made by the	55089
number of days the program or service was offered in that week. No	55090
enrollee may be counted in average daily membership for more than	55091
one program or service.	55092

(2) By the fifteenth day of December, the number of children	55093
enrolled in approved preschool units on the first day of December;	55094

(3) On or before the thirtieth day of ~~March~~April, an	55095
itemized report of all income and operating expenditures for the	55096
immediately preceding calendar year, in the format specified by	55097
the department of mental retardation and developmental	55098
disabilities;	55099

(4) ~~By the fifteenth day of February, a report of the total~~	55100
~~annual cost per enrollee for operation of programs and services in~~	55101
~~the preceding calendar year. The report shall include a grand~~	55102
~~total of all programs operated, the cost of the individual~~	55103
~~programs, and the sources of funds applied to each program.~~	55104

~~(5)~~ That each required certification and report is in	55105
accordance with rules established by the department of mental	55106
retardation and developmental disabilities and the state board of	55107
education for the operation and subsidization of the programs and	55108
services.	55109

~~(C) To compute payments under this section to the board for~~	55110
~~the fiscal year, the department of mental retardation and~~	55111
~~developmental disabilities shall use the certification of average~~	55112
~~daily membership required by division (B)(1) of this section~~	55113
~~exclusive of the average daily membership in any approved school~~	55114
~~age class and the number in any approved preschool unit.~~	55115

~~(D) The department shall pay each county board for each~~	55116
~~fiscal year an amount equal to nine hundred fifty dollars times~~	55117
~~the certified number of persons who on the first day of December~~	55118
~~of the academic year are under three years of age and are not in~~	55119
~~an approved preschool unit. For persons who are at least age~~	55120
~~sixteen and are not in an approved school age class, the~~	55121
~~department shall pay each county board for each fiscal year the~~	55122
~~following amounts:~~	55123

~~(1) One thousand dollars times the certified average daily~~	55124
~~membership of persons enrolled in traditional adult services who~~	55125
~~are eligible for but not enrolled in active treatment;~~	55126

~~(2) One thousand two hundred dollars times the certified~~	55127
~~average daily membership of persons enrolled in traditional adult~~	55128
~~services who are eligible for and enrolled in active treatment;~~	55129

~~(3) No less than one thousand five hundred dollars times the~~	55130
~~certified average daily membership of persons enrolled in~~	55131
~~traditional adult services but who are not eligible for active~~	55132
~~treatment;~~	55133

~~(4) No less than one thousand five hundred dollars times the~~	55134
~~certified average daily membership of persons participating in~~	55135
~~community employment services.~~	55136

~~(E) The department shall distribute this subsidy to county~~	55137
~~boards in quarterly installments of equal amounts. The~~	55138
~~installments shall be made not later than the thirtieth day of~~	55139
~~September, the thirty-first day of December, the thirty-first day~~	55140
~~of March, and the thirtieth day of June.~~	55141

~~(F) The director of mental retardation and developmental~~	55142
~~disabilities shall make efforts to obtain increases in the~~	55143
~~subsidies for early childhood services and adult services so that~~	55144
~~the amount of the subsidies is equal to at least fifty per cent of~~	55145
~~the statewide average cost of those services minus any applicable~~	55146
~~federal reimbursements for those services. The director shall~~	55147
~~advise the director of budget and management of the need for any~~	55148
~~such increases when submitting the biennial appropriations request~~	55149
~~for the department.~~	55150

~~(G) In determining the reimbursement of a county board for~~	55151
~~the provision of service and support administration, family~~	55152
~~support services, and other services required or approved by the~~	55153
~~director for which children three through twenty-one years of age~~	55154
~~are eligible, the department shall include the average daily~~	55155
~~membership in approved school age or preschool units. The~~	55156
~~department, in accordance with this section and upon receipt and~~	55157
~~approval of the certification required by this section and any~~	55158
~~other information it requires to enable it to determine a board's~~	55159
~~payments, shall pay the agency providing the specialized training~~	55160
~~the amounts payable under this section.~~	55161

Sec. 5126.15. (A) A county board of mental retardation and	55163
developmental disabilities shall provide service and support	55164
administration to each individual three years of age or older who	55165
is eligible for service and support administration if the	55166
individual requests, or a person on the individual's behalf	55167
requests, service and support administration. A board shall	55168
provide service and support administration to each individual	55169
receiving home and community-based services. A board may provide,	55170
in accordance with the service coordination requirements of 34	55171
C.F.R. 303.23, service and support administration to an individual	55172
under three years of age eligible for early intervention services	55173
under 34 C.F.R. part 303. A board may provide service and support	55174
administration to an individual who is not eligible for other	55175
services of the board. Service and support administration shall be	55176
provided in accordance with rules adopted under section 5126.08 of	55177
the Revised Code.	55178

A board may provide service and support administration by	55179
directly employing service and support administrators or by	55180
contracting with entities for the performance of service and	55181
support administration. Individuals employed or under contract as	55182
service and support administrators shall not be in the same	55183
collective bargaining unit as employees who perform duties that	55184
are not administrative.	55185

Individuals employed by a board as service and support	55186
administrators shall not be assigned responsibilities for	55187
implementing other services for individuals and shall not be	55188
employed by or serve in a decision-making or policy-making	55189
capacity for any other entity that provides programs or services	55190
to individuals with mental retardation or developmental	55191
disabilities. An individual employed as a conditional status	55192
service and support administrator shall perform the duties of	55193
service and support administration only under the supervision of a	55194
management employee who is a service and support administration	55195
supervisor.	55196

(B) The individuals employed by or under contract with a	55197
board to provide service and support administration shall do all	55198
of the following:	55199

(1) Establish an individual's eligibility for the services of	55200
the county board of mental retardation and developmental	55201
disabilities;	55202

(2) Assess individual needs for services;

55203

(3) Develop individual service plans with the active	55204
participation of the individual to be served, other persons	55205
selected by the individual, and, when applicable, the provider	55206
selected by the individual, and recommend the plans for approval	55207
by the department of mental retardation and developmental	55208
disabilities when services included in the plans are funded	55209
through medicaid;	55210

(4) Establish budgets for services based on the individual's	55211
assessed needs and preferred ways of meeting those needs;	55212

(5) Assist individuals in making selections from among the	55213
providers they have chosen;	55214

(6) Ensure that services are effectively coordinated and	55215
provided by appropriate providers;	55216

(7) Establish and implement an ongoing system of monitoring	55217
the implementation of individual service plans to achieve	55218
consistent implementation and the desired outcomes for the	55219
individual;	55220

(8) Perform quality assurance reviews as a distinct function	55221
of service and support administration;	55222

(9) Incorporate the results of quality assurance reviews and	55223
identified trends and patterns of unusual incidents and major	55224
unusual incidents into amendments of an individual's service plan	55225
for the purpose of improving and enhancing the quality and	55226
appropriateness of services rendered to the individual;	55227

(10) Ensure that each individual receiving services has a	55228
designated person who is responsible on a continuing basis for	55229
providing the individual with representation, advocacy, advice,	55230
and assistance related to the day-to-day coordination of services	55231
in accordance with the individual's service plan. The service and	55232
support administrator shall give the individual receiving services	55233
an opportunity to designate the person to provide daily	55234
representation. If the individual declines to make a designation,	55235
the administrator shall make the designation. In either case, the	55236
individual receiving services may change at any time the person	55237
designated to provide daily representation.	55238

~~(C) Subject to available funds, the department of mental~~	55239
~~retardation and developmental disabilities shall pay a county~~	55240
~~board an annual subsidy for service and support administration.~~	55241
~~The amount of the subsidy shall be equal to the greater of twenty~~	55242
~~thousand dollars or two hundred dollars times the board's~~	55243
~~certified average daily membership. The payments shall be made in~~	55244
~~quarterly installments of equal amounts, which shall be made no~~	55245
~~later than the thirtieth day of September, the thirty-first day of~~	55246
~~December, the thirty-first day of March, and the thirtieth day of~~	55247
~~June. Funds received shall be used solely for service and support~~	55248
~~administration.~~	55249

Sec. 5126.18. (A) As used in this section:

55251

(1) "County board" means a county board of mental retardation	55252
and developmental disabilities.	55253

(2) Notwithstanding section 5126.01 of the Revised Code,	55254
"adult services" means the following services, as they are	55255
identified on individual information forms submitted by county	55256
boards to the department of mental retardation and developmental	55257
disabilities ~~for the purpose of subsidies paid to county boards~~	55258
~~under section 5126.12 of the Revised Code~~, provided to an	55259
individual with mental retardation or other developmental	55260
disability who is at least twenty-two years of age:	55261

(a) Assessment;

55262

(b) Home service;

55263

55264

(d) Community employment services;

55265

(e) Retirement.

55266

(3) "Adult services enrollment" means a county board's	55267
average daily membership in adult services, exclusive of such	55268
services provided to individuals served solely through service and	55269
support administration provided pursuant to section 5126.15 of the	55270
Revised Code or family support services provided pursuant to	55271
section 5126.11 of the Revised Code.	55272

(4) "Taxable value" means the taxable value of a county board	55273
certified under division (B)(1) of this section.	55274

(5) "Per-mill yield" of a county board means the quotient	55275
obtained by dividing (a) the taxable value of the county board by	55276
(b) one thousand.	55277

(6) "Local adult services cost" means a county board's	55278
expenditures for adult services, excluding all federal and state	55279
reimbursements and subsidy allocations received by such boards and	55280
expended for such services, as certified under section 5126.12 of	55281
the Revised Code.	55282

(7) "Statewide average millage" means one thousand multiplied	55283
by the quotient obtained by dividing (a) the total of the local	55284
adult services costs of all county boards by (b) the total of the	55285
taxable values of all county boards.	55286

(8) "County yield" of a county board means the product	55287
obtained by multiplying (a) the statewide average millage by (b)	55288
the per-mill yield of the county board.	55289

(9) "County yield per enrollee" of a county board means the	55290
quotient obtained by dividing (a) the county yield of the county	55291
board by (b) the adult enrollment of the county board.	55292

(10) "Statewide yield per enrollee" means the quotient	55293
obtained by dividing (a) the sum of the county yields of all	55294
county boards by (b) the sum of the adult enrollments of all	55295
county boards.	55296

(11) "Local tax effort for adult services" of a county board	55297
means one thousand multiplied by the quotient obtained by dividing	55298
(a) the local adult services cost of the county board by (b) the	55299
taxable value of the county board.	55300

(12) "Funding percentage" for a fiscal year means the	55301
percentage that the amount appropriated to the department for the	55302
purpose of making payments under this section in the fiscal year	55303
is of the amount computed under division (C)(3) of this section	55304
for the fiscal year.	55305

(13) "Funding-adjusted required millage" for a fiscal year	55306
means the statewide average millage multiplied by the funding	55307
percentage for that fiscal year.	55308

(B)(1) On the request of the director of mental retardation	55309
and developmental disabilities, the tax commissioner shall provide	55310
to the department of mental retardation and developmental	55311
disabilities information specifying the taxable value of property	55312
on each county's tax list of real and public utility property and	55313
tax list of personal property for the most recent tax year for	55314
which such information is available. The director may request any	55315
other tax information necessary for the purposes of this section.	55316

(2) On the request of the director, each county board shall	55317
report the county board's adult services enrollment and local	55318
adult services cost.	55319

(C) Each year, the department of mental retardation and	55320
developmental disabilities shall compute the following:	55321

(1) For each county board, the amount, if any, by which the	55322
statewide yield per enrollee exceeds the county yield per	55323
enrollee;	55324

(2) For each county board, the amount of any excess computed	55325
under division (C)(1) of this section multiplied by the adult	55326
services enrollment of the county board;	55327

(3) The sum of the amounts computed under division (C)(2) of	55328
this section for all county boards.	55329

(D) From money appropriated for the purpose, the department	55330
shall provide for payment to each county board of the amount	55331
computed for that county board under division (C)(2) of this	55332
section, subject to any reduction or adjustment under division	55333
(E), (F), or (G) of this section. The department shall make the	55334
payments in quarterly installments of equal amounts. The	55335
installments shall be made not later than the thirtieth day of	55336
September, thirty-first day of December, thirty-first day of	55337
March, and thirtieth day of June.	55338

(E) If a county board's local tax effort for adult services	55339
is less than the funding-adjusted required millage, the director	55340
shall reduce the amount of payment otherwise computed under	55341
division (C)(2) of this section so that the amount paid, after the	55342
reduction, is the same percentage of the amount computed under	55343
division (C)(2) of this section as the county board's local tax	55344
effort for adult services is of the funding-adjusted required	55345
millage.	55346

If the director reduces the amount of a county board's	55347
payment under this division, the department, not later than the	55348
fifteenth day of July, shall notify the county board of the	55349
reduction and the amount of the reduction. The notice shall	55350
include a statement that the county board may request to be	55351
exempted from the reduction by filing a request with the director,	55352
in the manner and form prescribed by the director, within	55353
twenty-one days after such notification is issued. The board may	55354
present evidence of its attempt to obtain passage of levies or any	55355
other extenuating circumstances the board considers relevant. If	55356
the county board requests a hearing before the director to present	55357
such evidence, the director shall conduct a hearing on the request	55358
unless the director exempts the board from the reduction on the	55359
basis of the evidence presented in the request filed by the board.	55360
Upon receiving a properly and timely filed request for exemption,	55361
but not later than the thirty-first day of August, the director	55362
shall determine whether the county board shall be exempted from	55363
all or a part of the reduction. The director may exempt the board	55364
from all or part of the reduction if the director finds that the	55365
board has made good faith efforts to obtain passage of tax levies	55366
or that there are extenuating circumstances.	55367

(F) If a payment is reduced under division (E) of this	55368
section and the director does not exempt the county board from the	55369
reduction, the amount of the reduction shall be apportioned among	55370
all county boards entitled to payments under this section for	55371
which payments were not so reduced. The amount apportioned to each	55372
county board shall be proportionate to the amount of the board's	55373
payment as computed under division (C)(2) of this section.	55374

(G) If, for any fiscal year, the amount appropriated to the	55375
department for the purpose of this section is less than the amount	55376
computed under division (C)(3) of this section for the fiscal	55377
year, the department shall adjust the amount of each payment as	55378
computed under divisions (C)(2), (E), and (F) of this section by	55379
multiplying that amount by the funding percentage.	55380

(H) The payments authorized by this section are supplemental	55381
to all other funds that may be received by a county board. A	55382
county board shall use the payments solely to pay the nonfederal	55383
share of medicaid expenditures that ~~division (A) of section~~	55384
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code	55385
~~requires~~require the county board to pay.	55386

Sec. 5126.19. (A) The director of mental retardation and	55387
developmental disabilities may grant temporary funding from the	55388
community mental retardation and developmental disabilities trust	55389
fund based on allocations to county boards of mental retardation	55390
and developmental disabilities. The director may distribute all or	55391
part of the funding directly to a county board, the persons who	55392
provide the services for which the funding is granted, or persons	55393
with mental retardation or developmental disabilities who are to	55394
receive those services.	55395

(B) Funding granted under division (A) of this section shall	55396
be granted according to the availability of moneys in the fund and	55397
priorities established by the director. Funding may be granted for	55398
any of the following purposes:	55399

(1) Behavioral or short-term interventions for persons with	55400
mental retardation or developmental disabilities that assist them	55401
in remaining in the community by preventing institutionalization;	55402

(2) Emergency respite care services, as defined in section	55403
5126.11 of the Revised Code;	55404

(3) Family support services provided under section 5126.11 of	55405
the Revised Code;	55406

(4) Supported living, as defined in section 5126.01 of the	55407
Revised Code;	55408

(5) Staff training for county board employees, employees of	55409
providers of residential services as defined in section 5126.01 of	55410
the Revised Code, and other personnel under contract with a county	55411
board, to provide the staff with necessary training in serving	55412
mentally retarded or developmentally disabled persons in the	55413
community;	55414

(6) Short-term provision of early childhood services provided	55415
under section 5126.05, adult services provided under sections	55416
5126.05 and 5126.051, and service and support administration	55417
provided under section 5126.15 of the Revised Code, when local	55418
moneys are insufficient to meet the need for such services due to	55419
the successive failure within a two-year period of three or more	55420
proposed levies for the services;	55421

(7) Contracts with providers of residential services to	55422
maintain persons with mental retardation and developmental	55423
disabilities in their programs and avoid institutionalization.	55424

(C) If the trust fund contains more than ten million dollars	55425
on the first day of July the director shall use ~~one million~~	55426
~~dollars for payments under section 5126.12 of the Revised Code,~~	55427
one million dollars for payments under section 5126.18 of the	55428
Revised Code, ~~and~~ two million dollars for ~~payments under section~~	55429
~~5126.44 of the Revised Code~~subsidies to county boards for	55430
supported living, and one million dollars for subsidies to county	55431
boards for early childhood services and adult services provided	55432
under section 5126.05 of the Revised Code. Distributions of funds	55433
under this division shall be made prior to August 31 of the state	55434
fiscal year in which the funds are available. The funds shall be	55435
allocated to a county board in an amount equal to the same	55436
percentage of the total amount allocated to the county board the	55437
immediately preceding state fiscal year.	55438

(D) In addition to making grants under division (A) of this	55439
section, the director may use money available in the trust fund	55440
for the same purposes that rules adopted under section 5123.0413	55441
of the Revised Code provide for money in the state MR/DD risk fund	55442
and the state insurance against MR/DD risk fund, both created	55443
under that section, to be used.	55444

Sec. 5126.25. (A) The director of mental retardation and	55445
developmental disabilities shall adopt rules in accordance with	55446
Chapter 119. of the Revised Code establishing uniform standards	55447
and procedures for the certification of persons for employment by	55448
county boards of mental retardation and developmental disabilities	55449
as superintendents, management employees, and professional	55450
employees and uniform standards and procedures for the	55451
registration of persons for employment by county boards as	55452
registered service employees. As part of the rules, the director	55453
may establish continuing education and professional training	55454
requirements for renewal of certificates and evidence of	55455
registration and shall establish such requirements for renewal of	55456
an investigative agent certificate. In the rules, the director	55457
shall establish certification standards for employment in the	55458
position of investigative agent that require an individual to have	55459
or obtain no less than an associate degree from an accredited	55460
college or university or have or obtain comparable experience or	55461
training. The director shall not adopt rules that require any	55462
service employee to have or obtain a bachelor's or higher degree.	55463

The director shall adopt the rules in a manner that provides	55464
for the issuance of certificates and evidence of registration	55465
according to categories, levels, and grades. The rules shall	55466
describe each category, level, and grade.	55467

The rules adopted under this division shall apply to persons	55468
employed or seeking employment in a position that includes	55469
directly providing, or supervising persons who directly provide,	55470
services or instruction to or on behalf of individuals with mental	55471
retardation or developmental disabilities, except that the rules	55472
shall not apply to persons who hold a valid license issued under	55473
Chapter 3319. of the Revised Code and perform no duties other than	55474
teaching or supervision of a teaching program or persons who hold	55475
a valid license or certificate issued under Title XLVII of the	55476
Revised Code and perform only those duties governed by the license	55477
or certificate. The rules shall specify the positions that require	55478
certification or registration. The rules shall specify that the	55479
position of investigative agent requires certification.	55480

(B) The director shall adopt rules in accordance with Chapter	55481
119. of the Revised Code establishing standards for approval of	55482
courses of study to prepare persons to meet certification	55483
requirements. The director shall approve courses of study meeting	55484
the standards and provide for the inspection of the courses to	55485
ensure the maintenance of satisfactory training procedures. The	55486
director shall approve courses of study only if given by a state	55487
university or college as defined in section 3345.32 of the Revised	55488
Code, a state university or college of another state, or an	55489
institution that has received a certificate of authorization to	55490
confer degrees from the board of regents pursuant to Chapter 1713.	55491
of the Revised Code or from a comparable agency of another state.	55492

(C) Each applicant for a certificate for employment or	55493
evidence of registration for employment by a county board shall	55494
apply to the department of mental retardation and developmental	55495
disabilities on forms that the director of the department shall	55496
prescribe and provide. The application shall be accompanied by the	55497
application fee established in rules adopted under this section.	55498

(D) The director shall issue a certificate for employment to	55499
each applicant who meets the standards for certification	55500
established under this section and shall issue evidence of	55501
registration for employment to each applicant who meets the	55502
standards for registration established under this section. Each	55503
certificate or evidence of registration shall state the category,	55504
level, and grade for which it is issued.	55505

The director shall issue, renew, deny, suspend, or revoke	55506
certificates and evidence of registration in accordance with rules	55507
adopted under this section. The director shall deny, suspend, or	55508
revoke a certificate or evidence of registration if the director	55509
finds, pursuant to an adjudication conducted in accordance with	55510
Chapter 119. of the Revised Code, that the applicant for or holder	55511
of the certificate or evidence of registration is guilty of	55512
intemperate, immoral, or other conduct unbecoming to the	55513
applicant's or holder's position, or is guilty of incompetence or	55514
negligence within the scope of the applicant's or holder's duties.	55515
The director shall deny or revoke a certificate or evidence of	55516
registration if the director finds, pursuant to an adjudication	55517
conducted in accordance with Chapter 119. of the Revised Code,	55518
that the applicant for or holder of the certificate or evidence of	55519
registration has been convicted of or pleaded guilty to any of the	55520
offenses described in division (E) of section 5126.28 of the	55521
Revised Code, unless the individual meets standards for	55522
rehabilitation that the director establishes in the rules adopted	55523
under that section. Evidence supporting such allegations shall be	55524
presented to the director in writing and the director shall	55525
provide prompt notice of the allegations to the person who is the	55526
subject of the allegations. A denial, suspension, or revocation	55527
may be appealed in accordance with procedures the director shall	55528
establish in the rules adopted under this section.	55529

(E)(1) A person holding a valid certificate under this	55530
section on the effective date of any rules adopted under this	55531
section that increase certification standards shall have such	55532
period as the rules prescribe, but not less than one year after	55533
the effective date of the rules, to meet the new certification	55534
standards.	55535

A person who is registered under this section on the	55536
effective date of any rule that changes the standards adopted	55537
under this section shall have such period as the rules prescribe,	55538
but not less than one year, to meet the new registration	55539
standards.	55540

(2) If an applicant for a certificate for employment has not	55541
completed the courses of instruction necessary to meet the	55542
department's standards for certification, the department shall	55543
inform the applicant of the courses the applicant must	55544
successfully complete to meet the standards and shall specify the	55545
time within which the applicant must complete the courses. The	55546
department shall grant the applicant at least one year to complete	55547
the courses and shall not require the applicant to complete more	55548
than four courses in any one year. The applicant is not subject to	55549
any changes regarding the courses required for certification that	55550
are made after the department informs the applicant of the courses	55551
the applicant must complete, unless the applicant does not	55552
successfully complete the courses within the time specified by the	55553
department.	55554

(F) A person who holds a certificate or evidence of	55555
registration, other than one designated as temporary, is qualified	55556
to be employed according to that certificate or evidence of	55557
registration by any county board.	55558

(G) The director shall monitor county boards to ensure that	55559
their employees who must be certified or registered are	55560
appropriately certified or registered and performing those	55561
functions they are authorized to perform under their certificate	55562
or evidence of registration.	55563

(H) A county board superintendent or the superintendent's	55564
designee may certify to the director that county board employees	55565
who are required to meet continuing education or professional	55566
training requirements as a condition of renewal of certificates or	55567
evidence of registration have met the requirements. The	55568
superintendent or the superintendent's designee shall maintain in	55569
appropriate personnel files evidence acceptable to the director	55570
that the employees have met the requirements and permit	55571
representatives of the department access to the evidence on	55572
request.	55573

(I) All fees collected pursuant to this section shall be	55574
deposited in the state treasury to the credit of the ~~employee~~	55575
~~certification and registration~~program fee fund~~, which is hereby~~	55576
created under section 5123.033 of the Revised Code. ~~Money credited~~	55577
~~to the fund shall be used solely for the operation of the~~	55578
~~certification and registration program established under this~~	55579
~~section and for providing continuing training to county board~~	55580
~~employees.~~	55581

(J) Employees of entities that contract with county boards of	55582
mental retardation and developmental disabilities to operate	55583
programs and services for individuals with mental retardation and	55584
developmental disabilities are subject to the certification and	55585
registration requirements established under section 5123.082 of	55586
the Revised Code.	55587

Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised	55588
Code do not apply to medicaid-funded supported living.	55589

(B) As used in ~~this section and~~ sections ~~5126.41~~5126.40 to	55590
5126.47 of the Revised Code, "provider" means a person or	55591
government entity certified by the ~~department~~director of mental	55592
retardation and developmental disabilities to provide supported	55593
living for individuals with mental retardation and developmental	55594
disabilities.	55595

~~(B) This division is in effect until July 1, 1995. By~~	55596
~~adoption of a resolution by affirmative vote of a majority of its~~	55597
~~members, a county board of mental retardation and developmental~~	55598
~~disabilities shall have authority to plan and develop supported~~	55599
~~living for individuals with mental retardation and developmental~~	55600
~~disabilities who are residents of the county and, as provided in~~	55601
~~sections 5126.41 to 5126.47 of the Revised Code, contract with~~	55602
~~providers and enter into shared funding arrangements. The board's~~	55603
~~authority under this division is effective on the department's~~	55604
~~receipt of the resolution.~~	55605

(C) On and after July 1, 1995, each county board shall plan	55606
and develop supported living for individuals with mental	55607
retardation and developmental disabilities who are residents of	55608
the county in accordance with sections 5126.41 to 5126.47 of the	55609
Revised Code.	55610

Sec. 5126.42. (A) A county board of mental retardation and	55611
developmental disabilities shall establish an advisory council	55612
composed of board members or employees of the board, providers,	55613
individuals receiving supported living, and advocates for	55614
individuals receiving supported living to provide on-going	55615
communication among all persons concerned with supported living.	55616

(B) The board shall develop procedures for the resolution of	55617
grievances between the board and providers or between the board	55618
and an entity with which it has a shared funding agreement.	55619

(C) The board shall develop and implement a provider	55620
selection system. Each system shall enable an individual to choose	55621
to continue receiving supported living from the same providers, to	55622
select additional providers, or to choose alternative providers.	55623
Annually, the board shall review its provider selection system to	55624
determine whether it has been implemented in a manner that allows	55625
individuals fair and equitable access to providers.	55626

In developing a provider selection system, the county board	55627
shall create a pool of providers for individuals to use in	55628
choosing their providers of supported living. The pool shall be	55629
created by placing in the pool all providers on record with the	55630
board or by placing in the pool all providers approved by the	55631
board through soliciting requests for proposals for supported	55632
living contracts. In either case, only providers that are	55633
certified by the ~~department~~director of mental retardation and	55634
developmental disabilities ~~and in compliance with the quality~~	55635
~~assurance standards established in rules adopted by the department~~	55636
may be placed in the pool.	55637

If the board places all providers on record in the pool, the	55638
board shall review the pool at least annually to determine whether	55639
each provider has continued interest in being a provider and has	55640
maintained its certification by the department. At any time, an	55641
interested and certified provider may make a request to the board	55642
that it be added to the pool, and the board shall add the provider	55643
to the pool not later than seven days after receiving the request.	55644

If the board solicits requests for proposals for inclusion of	55645
providers in the pool, the board shall develop standards for	55646
selecting the providers to be included. Requests for proposals	55647
shall be solicited at least annually. When requests are solicited,	55648
the board shall cause legal notices to be published at least once	55649
each week for two consecutive weeks in a newspaper with general	55650
circulation within the county. The board's formal request for	55651
proposals shall include a description of any applicable contract	55652
terms, the standards that are used to select providers for	55653
inclusion in the pool, and the process the board uses to resolve	55654
disputes arising from the selection process. The board shall	55655
accept requests from any entity interested in being a provider of	55656
supported living for individuals served by the board. Requests	55657
shall be approved or denied according to the standards developed	55658
by the board. Providers that previously have been placed in the	55659
pool are not required to resubmit a request for proposal to be	55660
included in the pool, unless the board's standards have been	55661
changed.	55662

In assisting an individual in choosing a provider, the county	55663
board shall provide the individual with uniform and consistent	55664
information pertaining to each provider in the pool~~, including the~~	55665
~~provider evaluations conducted under section 5126.431 of the~~	55666
~~Revised Code on and after July 1, 1995~~. An individual may choose	55667
to receive supported living from a provider that is not included	55668
in the pool, if the provider is certified by the ~~department~~	55669
director of mental retardation and developmental disabilities ~~and~~	55670
~~in compliance with the quality assurance standards established in~~	55671
~~rules adopted by the department~~.	55672

Sec. 5126.43. (A) After receiving notice from the department	55673
of mental retardation and developmental disabilities of the amount	55674
of state funds to be distributed to it ~~under section 5126.44 of~~	55675
~~the Revised Code~~for planning, developing, contracting for, and	55676
providing supported living, the county board of mental retardation	55677
and developmental disabilities shall arrange for supported living	55678
on behalf of and with the consent of individuals based on their	55679
individual service plans developed under section 5126.41 of the	55680
Revised Code. With the state distribution and any other money	55681
designated by the board for supported living, the board shall	55682
arrange for supported living in one or more of the following ways:	55683

(1) By contracting under section 5126.45 of the Revised Code	55684
with providers selected by the individual to be served;	55685

(2) By entering into shared funding agreements with state	55686
agencies, local public agencies, or political subdivisions at	55687
rates negotiated by the board;	55688

(3) By providing direct payment or vouchers to be used to	55689
purchase supported living, pursuant to a written contract in an	55690
amount determined by the board, to the individual or a person	55691
providing the individual with protective services as defined in	55692
section 5123.55 of the Revised Code.	55693

(B) ~~When the board contracts for supported living on behalf~~	55694
~~of an individual, the~~The board may ~~contract~~arrange for supported	55695
living only with providers that are certified by the ~~department~~	55696
director of mental retardation and developmental disabilities ~~and~~	55697
~~are in compliance with the quality assurance standards established~~	55698
~~in rules adopted by the department. The contract terms shall be as~~	55699
~~provided in section 5126.45 of the Revised Code~~.	55700

When no certified provider is willing and able to provide	55701
supported living for an individual in accordance with the terms of	55702
the individual service plan for that individual, a county board	55703
may provide supported living directly, if it ~~complies with~~	55704
~~certification and quality assurance standards established by the~~	55705
~~department~~is certified by the director of mental retardation and	55706
developmental disabilities to provide supported living.	55707

A county board may, for a period not to exceed ninety days,	55708
contract for or provide supported living without meeting the	55709
requirements of this section for an individual it determines to be	55710
in emergency need of supported living. Thereafter, the individual	55711
shall choose providers in accordance with sections 5126.41 and	55712
5126.42 of the Revised Code.	55713

Sec. 5126.45. (A) A contract between a county board of	55714
mental retardation and developmental disabilities and a provider	55715
of supported living shall be in writing and shall be based on the	55716
individual service plan developed by the individual under section	55717
5126.41 of the Revised Code. The plan may be submitted as an	55718
addendum to the contract. An individual receiving services	55719
pursuant to a contract shall be considered a third-party	55720
beneficiary to the contract.	55721

~~The board shall not contract with a provider to provide a~~	55722
~~residence to a person to whom the provider is providing other~~	55723
~~supported living services, unless one of the following applies:~~	55724

~~(1) The provider is under contract with the board for both~~	55725
~~residence and services on July 17, 1990, and the contract is being~~	55726
~~renewed.~~	55727

~~(2) The provider has a contract being transferred from the~~	55728
~~state to the county board under section 5126.451 of the Revised~~	55729
~~Code and the contract is being renewed.~~	55730

~~(3) The provider lives in the residence and provides services~~	55731
~~to not more than three persons who reside in the residence at any~~	55732
~~one time.~~	55733

~~(4) The provider is an association of family members related~~	55734
~~to two or more of the persons who reside in the residence and~~	55735
~~provides services to not more than four persons who reside in the~~	55736
~~residence at any one time.~~	55737

(B) The contract shall be negotiated between the provider and	55738
the county board. The terms of the contract shall include at least	55739
the following:	55740

(1) The contract period and conditions for renewal;

55741

(2) The services to be provided pursuant to the individual	55742
service plan;	55743

(3) The rights and responsibilities of all parties to the	55744
contract;	55745

(4) The methods that will be used to evaluate the services	55746
delivered by the provider;	55747

(5) Procedures for contract modification that ensure all	55748
parties affected by the modification are involved and agree;	55749

(6) A process for resolving conflicts between individuals	55750
receiving services, the county board, and the provider, as	55751
applicable;	55752

(7) Procedures for the retention of applicable records;

55753

(8) Provisions for contract termination by any party involved	55754
that include requirements for an appropriate notice of intent to	55755
terminate the contract;	55756

(9) Methods to be used to document services provided;

55757

(10) Procedures for submitting reports required by the county	55758
board as a condition of receiving payment under the contract;	55759

(11) The method and schedule the board will use to make	55760
payments to the provider and whether periodic payment adjustments	55761
will be made to the provider;	55762

(12) Provisions for conducting fiscal reconciliations for	55763
payments made through methods other than a fee-for-service	55764
arrangement.	55765

(C) Payments to the provider under a supported living	55766
contract must be determined by the board to be reasonable in	55767
accordance with policies and procedures developed by the board.	55768
Goods or services provided without charge to the provider shall	55769
not be included as expenditures of the provider.	55770

(D) The board shall establish procedures for reconciling	55771
expenditures and payments, other than those made under a	55772
fee-for-service arrangement, for the prior contract year when a	55773
contract is not renewed and shall reconcile expenditures and	55774
payments in accordance with these procedures.	55775

(E) A provider or an entity with which the board has entered	55776
into a shared funding agreement may appeal a negotiated contract	55777
or proposed shared funding rate to the county board using the	55778
procedures established by the board under section 5126.42 of the	55779
Revised Code.	55780

Sec. 5126.47. A county board of mental retardation and	55781
developmental disabilities ~~that has adopted a resolution under~~	55782
~~section 5126.40 of the Revised Code~~ may, pursuant to a resolution	55783
adopted by an affirmative vote of the majority of its members,	55784
establish, by agreement with one or more other county boards of	55785
mental retardation and developmental disabilities, a residential	55786
services consortium to jointly provide residential services and	55787
supported living. The agreement shall designate one board to	55788
assume the fiscal responsibilities for the consortium. The county	55789
auditor of the designated county shall establish a community	55790
mental retardation and developmental disabilities residential	55791
services fund for the consortium. Each board that is a member of	55792
the consortium shall cause to be deposited in the fund ~~all moneys~~	55793
~~distributed to it by the department of mental retardation and~~	55794
~~developmental disabilities under section 5126.44 of the Revised~~	55795
~~Code and~~ any ~~other~~ state or federal money received for community	55796
residential services the county board has agreed to contribute to	55797
the consortium.	55798

Sec. 5139.43. (A) The department of youth services shall	55799
operate a felony delinquent care and custody program that shall be	55800
operated in accordance with the formula developed pursuant to	55801
section 5139.41 of the Revised Code, subject to the conditions	55802
specified in this section.	55803

(B)(1) Each juvenile court shall use the moneys disbursed to	55804
it by the department of youth services pursuant to division (B) of	55805
section 5139.41 of the Revised Code in accordance with the	55806
applicable provisions of division (B)(2) of this section and shall	55807
transmit the moneys to the county treasurer for deposit in	55808
accordance with this division. The county treasurer shall create	55809
in the county treasury a fund that shall be known as the felony	55810
delinquent care and custody fund and shall deposit in that fund	55811
the moneys disbursed to the juvenile court pursuant to division	55812
(B) of section 5139.41 of the Revised Code. The county treasurer	55813
also shall deposit into that fund the state subsidy funds granted	55814
to the county pursuant to section 5139.34 of the Revised Code. The	55815
moneys disbursed to the juvenile court pursuant to division (B) of	55816
section 5139.41 of the Revised Code and deposited pursuant to this	55817
division in the felony delinquent care and custody fund shall not	55818
be commingled with any other county funds except state subsidy	55819
funds granted to the county pursuant to section 5139.34 of the	55820
Revised Code; shall not be used for any capital construction	55821
projects; upon an order of the juvenile court and subject to	55822
appropriation by the board of county commissioners, shall be	55823
disbursed to the juvenile court for use in accordance with the	55824
applicable provisions of division (B)(2) of this section; shall	55825
not revert to the county general fund at the end of any fiscal	55826
year; and shall carry over in the felony delinquent care and	55827
custody fund from the end of any fiscal year to the next fiscal	55828
year. At the end of each fiscal year, beginning June 30, 2008, the	55829
balance in the felony delinquent care and custody fund in any	55830
county shall not exceed the total moneys allocated to the county	55831
pursuant to sections 5139.34 and 5139.41 of the Revised Code	55832
during the previous fiscal year, unless that county has applied	55833
for and been granted an exemption by the director of youth	55834
services. The department shall withhold from future payments to a	55835
county an amount equal to any moneys in the felony delinquent care	55836
and custody fund of the county that exceed the total moneys	55837
allocated pursuant to those sections to the county during the	55838
preceding fiscal year and shall reallocate the withheld amount.	55839
The department shall adopt rules for the withholding and	55840
reallocation of moneys disbursed under sections 5139.34 and	55841
5139.41 of the Revised Code and for the criteria and process for a	55842
county to obtain an exemption from the withholding requirement.	55843
The moneys disbursed to the juvenile court pursuant to division	55844
(B) of section 5139.41 of the Revised Code and deposited pursuant	55845
to this division in the felony delinquent care and custody fund	55846
shall be in addition to, and shall not be used to reduce, any	55847
usual annual increase in county funding that the juvenile court is	55848
eligible to receive or the current level of county funding of the	55849
juvenile court and of any programs or services for delinquent	55850
children, unruly children, or juvenile traffic offenders.	55851

(2)(a) A county and the juvenile court that serves the county	55852
shall use the moneys in its felony delinquent care and custody	55853
fund in accordance with rules that the department of youth	55854
services adopts pursuant to division (D) of section 5139.04 of the	55855
Revised Code and as follows:	55856

(i) The moneys in the fund that represent state subsidy funds	55857
granted to the county pursuant to section 5139.34 of the Revised	55858
Code shall be used to aid in the support of prevention, early	55859
intervention, diversion, treatment, and rehabilitation programs	55860
that are provided for alleged or adjudicated unruly children or	55861
delinquent children or for children who are at risk of becoming	55862
unruly children or delinquent children. The county shall not use	55863
for capital improvements more than fifteen per cent of the moneys	55864
in the fund that represent the applicable annual grant of those	55865
state subsidy funds.	55866

(ii) The moneys in the fund that were disbursed to the	55867
juvenile court pursuant to division (B) of section 5139.41 of the	55868
Revised Code and deposited pursuant to division (B)(1) of this	55869
section in the fund shall be used to provide programs and services	55870
for the training, treatment, or rehabilitation of felony	55871
delinquents that are alternatives to their commitment to the	55872
department, including, but not limited to, community residential	55873
programs, day treatment centers, services within the home, and	55874
electronic monitoring, and shall be used in connection with	55875
training, treatment, rehabilitation, early intervention, or other	55876
programs or services for any delinquent child, unruly child, or	55877
juvenile traffic offender who is under the jurisdiction of the	55878
juvenile court.	55879

The fund also may be used for prevention, early intervention,	55880
diversion, treatment, and rehabilitation programs that are	55881
provided for alleged or adjudicated unruly children, delinquent	55882
children, or juvenile traffic offenders or for children who are at	55883
risk of becoming unruly children, delinquent children, or juvenile	55884
traffic offenders. Consistent with division (B)(1) of this	55885
section, a county and the juvenile court of a county shall not use	55886
any of those moneys for capital construction projects.	55887

(iii) The county and the juvenile court that serves the	55888
county may not use moneys in the fund for the provision of care	55889
and services for children, including, but not limited to, care and	55890
services in a detention facility, in another facility, or in	55891
out-of-home placement, unless the minimum standards that apply to	55892
the care and services and that the department prescribes in rules	55893
adopted pursuant to division (D) of section 5139.04 of the Revised	55894
Code have been satisfied.	55895

(b) Each juvenile court shall comply with division (B)(3)(d)	55896
of this section as implemented by the department.	55897

(3) In accordance with rules adopted by the department	55898
pursuant to division (D) of section 5139.04 of the Revised Code,	55899
each juvenile court and the county served by that juvenile court	55900
shall do all of the following that apply:	55901

(a) The juvenile court shall prepare an annual grant	55902
agreement and application for funding that satisfies the	55903
requirements of this section and section 5139.34 of the Revised	55904
Code and that pertains to the use, upon an order of the juvenile	55905
court and subject to appropriation by the board of county	55906
commissioners, of the moneys in its felony delinquent care and	55907
custody fund for specified programs, care, and services as	55908
described in division (B)(2)(a) of this section, shall submit that	55909
agreement and application to the county family and children first	55910
council, the regional family and children first council, or the	55911
local intersystem services to children cluster as described in	55912
sections 121.37 and 121.38 of the Revised Code, whichever is	55913
applicable, and shall file that agreement and application with the	55914
department for its approval. The annual grant agreement and	55915
application for funding shall include a method of ensuring equal	55916
access for minority youth to the programs, care, and services	55917
specified in it.	55918

The department may approve an annual grant agreement and	55919
application for funding only if the juvenile court involved has	55920
complied with the preparation, submission, and filing requirements	55921
described in division (B)(3)(a) of this section. If the juvenile	55922
court complies with those requirements and the department approves	55923
that agreement and application, the juvenile court and the county	55924
served by the juvenile court may expend the state subsidy funds	55925
granted to the county pursuant to section 5139.34 of the Revised	55926
Code only in accordance with division (B)(2)(a) of this section,	55927
the rules pertaining to state subsidy funds that the department	55928
adopts pursuant to division (D) of section 5139.04 of the Revised	55929
Code, and the approved agreement and application.	55930

(b) By the thirty-first day of August of each year, the	55931
juvenile court shall file with the department a report that	55932
contains all of the statistical and other information for each	55933
month of the prior state fiscal year. If the juvenile court fails	55934
to file the report required by division (B)(3)(b) of this section	55935
by the thirty-first day of August of any year, the department	55936
shall not disburse any payment of state subsidy funds to which the	55937
county otherwise is entitled pursuant to section 5139.34 of the	55938
Revised Code and shall not disburse pursuant to division (B) of	55939
section 5139.41 of the Revised Code the applicable allocation	55940
until the juvenile court fully complies with division (B)(3)(b) of	55941
this section.	55942

(c) If the department requires the juvenile court to prepare	55943
monthly statistical reports and to submit the reports on forms	55944
provided by the department, the juvenile court shall file those	55945
reports with the department on the forms so provided. If the	55946
juvenile court fails to prepare and submit those monthly	55947
statistical reports within the department's timelines, the	55948
department shall not disburse any payment of state subsidy funds	55949
to which the county otherwise is entitled pursuant to section	55950
5139.34 of the Revised Code and shall not disburse pursuant to	55951
division (B) of section 5139.41 of the Revised Code the applicable	55952
allocation until the juvenile court fully complies with division	55953
(B)(3)(c) of this section. If the juvenile court fails to prepare	55954
and submit those monthly statistical reports within one hundred	55955
eighty days of the date the department establishes for their	55956
submission, the department shall not disburse any payment of state	55957
subsidy funds to which the county otherwise is entitled pursuant	55958
to section 5139.34 of the Revised Code and shall not disburse	55959
pursuant to division (B) of section 5139.41 of the Revised Code	55960
the applicable allocation, and the state subsidy funds and the	55961
remainder of the applicable allocation shall revert to the	55962
department. If a juvenile court states in a monthly statistical	55963
report that the juvenile court adjudicated within a state fiscal	55964
year five hundred or more children to be delinquent children for	55965
committing acts that would be felonies if committed by adults and	55966
if the department determines that the data in the report may be	55967
inaccurate, the juvenile court shall have an independent auditor	55968
or other qualified entity certify the accuracy of the data on a	55969
date determined by the department.	55970

(d) If the department requires the juvenile court and the	55971
county to participate in a fiscal monitoring program or another	55972
monitoring program that is conducted by the department to ensure	55973
compliance by the juvenile court and the county with division (B)	55974
of this section, the juvenile court and the county shall	55975
participate in the program and fully comply with any guidelines	55976
for the performance of audits adopted by the department pursuant	55977
to that program and all requests made by the department pursuant	55978
to that program for information necessary to reconcile fiscal	55979
accounting. If an audit that is performed pursuant to a fiscal	55980
monitoring program or another monitoring program described in this	55981
division determines that the juvenile court or the county used	55982
moneys in the county's felony delinquent care and custody fund for	55983
expenses that are not authorized under division (B) of this	55984
section, within forty-five days after the department notifies the	55985
county of the unauthorized expenditures, the county either shall	55986
repay the amount of the unauthorized expenditures from the county	55987
general revenue fund to the state's general revenue fund or shall	55988
file a written appeal with the department. If an appeal is timely	55989
filed, the director of the department shall render a decision on	55990
the appeal and shall notify the appellant county or its juvenile	55991
court of that decision within forty-five days after the date that	55992
the appeal is filed. If the director denies an appeal, the	55993
county's fiscal agent shall repay the amount of the unauthorized	55994
expenditures from the county general revenue fund to the state's	55995
general revenue fund within thirty days after receiving the	55996
director's notification of the appeal decision. If the county	55997
fails to make the repayment within that thirty-day period and if	55998
the unauthorized expenditures pertain to moneys allocated under	55999
sections 5139.41 to 5139.43 of the Revised Code, the department	56000
shall deduct the amount of the unauthorized expenditures from the	56001
next allocation of those moneys to the county in accordance with	56002
this section or from the allocations that otherwise would be made	56003
under those sections to the county during the next state fiscal	56004
year in accordance with this section and shall return that	56005
deducted amount to the state's general revenue fund. If the county	56006
fails to make the repayment within that thirty-day period and if	56007
the unauthorized expenditures pertain to moneys granted pursuant	56008
to section 5139.34 of the Revised Code, the department shall	56009
deduct the amount of the unauthorized expenditures from the next	56010
annual grant to the county pursuant to that section and shall	56011
return that deducted amount to the state's general revenue fund.	56012

(C) The determination of which county a reduction of the	56013
care and custody allocation will be charged against for a	56014
particular youth shall be made as outlined below for all youths	56015
who do not qualify as public safety beds. The determination of	56016
which county a reduction of the care and custody allocation will	56017
be charged against shall be made as follows until each youth is	56018
released:	56019

(1) In the event of a commitment, the reduction shall be	56020
charged against the committing county.	56021

(2) In the event of a recommitment, the reduction shall be	56022
charged against the original committing county until the	56023
expiration of the minimum period of institutionalization under the	56024
original order of commitment or until the date on which the youth	56025
is admitted to the department of youth services pursuant to the	56026
order of recommitment, whichever is later. Reductions of the	56027
allocation shall be charged against the county that recommitted	56028
the youth after the minimum expiration date of the original	56029
commitment.	56030

(3) In the event of a revocation of a release on parole, the	56031
reduction shall be charged against the county that revokes the	56032
youth's parole.	56033

(D) A juvenile court is not precluded by its allocation	56034
amount for the care and custody of felony delinquents from	56035
committing a felony delinquent to the department of youth services	56036
for care and custody in an institution or a community corrections	56037
facility when the juvenile court determines that the commitment is	56038
appropriate.	56039

Sec. 5302.221. (A) As used in this section:

56040

"Estate" has the same meaning as in section 5111.11 of the	56041
Revised Code.	56042

"Medicaid estate recovery program" means the program	56043
instituted under section 5111.11 of the Revised Code.	56044

(B) The administrator of the medicaid estate recovery program	56045
shall prescribe a form on which a beneficiary of a transfer on	56046
death deed as provided in section 5302.22 of the Revised Code, who	56047
survives the deceased owner of the real property or an interest in	56048
the real property or that is in existence on the date of death of	56049
the deceased owner, or such a beneficiary's representative is to	56050
indicate both of the following:	56051

(1) Whether the deceased owner was either of the following:

56052

(a) A decedent subject to the medicaid estate recovery	56053
program;	56054

(b) The spouse of a decedent subject to the medicaid estate	56055
recovery program.	56056

(2) Whether the real property or interest in the real	56057
property was part of the estate of a decedent subject to the	56058
medicaid estate recovery program.	56059

(C) A county recorder shall obtain a properly completed form	56060
prescribed under division (B) of this section from the beneficiary	56061
of a transfer on death deed or the beneficiary's representative	56062
and send a copy of the form to the administrator of the medicaid	56063
estate recovery program before recording the transfer of the real	56064
property or interest in the real property under division (C) of	56065
section 5302.22 of the Revised Code.	56066

Sec. 5309.082. (A) As used in this section:

56067

"Estate" has the same meaning as in section 5111.11 of the	56068
Revised Code.	56069

"Medicaid estate recovery program" means the program	56070
instituted under section 5111.11 of the Revised Code.	56071

(B) The administrator of the medicaid estate recovery program	56072
shall prescribe a form on which a surviving tenant under a	56073
survivorship tenancy or such a surviving tenant's representative	56074
is to indicate both of the following:	56075

(1) Whether the deceased survivorship tenant was either of	56076
the following:	56077

(a) A decedent subject to the medicaid estate recovery	56078
program;	56079

(b) The spouse of a decedent subject to the medicaid estate	56080
recovery program.	56081

(2) Whether the registered land under a survivorship tenancy	56082
was part of the estate of a decedent subject to the medicaid	56083
estate recovery program.	56084

(C) A county recorder shall obtain a properly completed form	56085
prescribed under division (B) of this section from the surviving	56086
tenant under a survivorship tenancy or the surviving tenant's	56087
representative and send a copy of the form to the administrator of	56088
the medicaid estate recovery program before registering the title	56089
in the surviving tenants under section 5309.081 of the Revised	56090
Code.	56091

Sec. 5323.01. As used in this chapter:

56092

(A) "Hotel" has the same meaning as in section 3731.01 of the	56093
Revised Code.	56094

(B) "Manufactured home" has the same meaning as in section	56095
3781.06 of the Revised Code.	56096

(C) "Mobile home" and "recreational vehicle" have the same	56097
meanings as in section 4501.01 of the Revised Code.	56098

(D) "Political subdivision" means a county,that has a	56099
population of more than two hundred thousand according to the most	56100
recent decennial census or a township, municipal corporation, or	56101
other body corporate and politic that is located in a county that	56102
has a population of more than two hundred thousand according to	56103
the most recent decennial census and is responsible for government	56104
activities in a geographic area smaller than that of the state.	56105

(E) "Residential rental property" means real property that is	56106
located in a county that has a population of more than two hundred	56107
thousand according to the most recent decennial census and on	56108
which is located one or more dwelling units leased or otherwise	56109
rented to tenants solely for residential purposes, or a mobile	56110
home park or other permanent or semipermanent site at which lots	56111
are leased or otherwise rented to tenants for the parking of a	56112
manufactured home, mobile home, or recreational vehicle that is	56113
used solely for residential purposes. "Residential rental	56114
property" does not include a hotel or a college or university	56115
dormitory.	56116

Sec. 5323.02. (A) An owner of residential rental property	56117
shall file with the county auditor of the county in which the	56118
property is located the following information:	56119

(1) The name, address, and telephone number of the owner;

56120

(2) If the residential rental property is owned by a trust,	56121
business trust, estate, partnership, limited partnership, limited	56122
liability company, association, corporation, or any other business	56123
entity, the name, address, and telephone number of the following:	56124

(a) A trustee, in the case of a trust or business trust;

56125

(b) The executor or administrator, in the case of an estate;

56126

(c) A general partner, in the case of a partnership or a	56127
limited partnership;	56128

(d) A member, manager, or officer, in the case of a limited	56129
liability company;	56130

(e) An associate, in the case of an association;

56131

(f) An officer, in the case of a corporation;

56132

(g) A member, manager, or officer, in the case of any other	56133
business entity.	56134

(3) The street address and permanent parcel number of the	56135
residential rental property;	56136

~~(4) If the residential rental property has dwelling units~~	56137
~~that are leased or otherwise rented to tenants, the year the units~~	56138
~~were built~~.	56139

(B) The information required under division (A) of this	56140
section shall be filed and maintained ~~in a manner to be determined~~	56141
~~by the county auditor~~on the tax list or the real property record.	56142

(C) An owner of residential rental property shall update the	56143
information required under division (A) of this section within ~~ten~~	56144
sixty days after any change in the information occurs.	56145

(D) The county auditor shall provide an owner of residential	56146
rental property located in a county that has a population of more	56147
than two hundred thousand according to the most recent decennial	56148
census with notice pursuant to division (B) of section 323.131 of	56149
the Revised Code of the requirement to file the information	56150
required under division (A) of this section and the requirement to	56151
update that information under division (C) of this section.	56152

(E) The owner of residential real property shall comply with	56153
the requirements under divisions (A) and (C) of this section	56154
within sixty days after receiving the notice provided under	56155
division (D) of this section, division (D) of section 319.202, or	56156
division (B) of section 323.131 of the Revised Code.	56157

Sec. 5323.99. No owner of residential rental property shall	56158
fail to comply with the filing or updating of information	56159
requirements of section 5323.02 of the Revised Code or shall fail	56160
to satisfy the designation of agent requirement or the filing of	56161
the appropriate designation of agent document requirement of	56162
section 5323.03 of the Revised Code. ~~Whoever violates this section~~	56163
~~is guilty of a minor misdemeanor~~The county auditor may impose	56164
upon any person who violates this section a special assessment on	56165
the residential rental property that is the subject of the	56166
violation that is not less than fifty dollars or more than one	56167
hundred fifty dollars. Such special assessment may be appealed to	56168
the county board of revision.	56169

Sec. 5528.54. (A) The commissioners of the sinking fund are	56170
authorized to issue and sell, as provided in this section and in	56171
amounts from time to time authorized by the general assembly,	56172
general obligations of this state for the purpose of financing or	56173
assisting in the financing of the costs of projects. The full	56174
faith and credit, revenues, and taxing power of the state are and	56175
shall be pledged to the timely payment of bond service charges on	56176
outstanding obligations, all in accordance with Section 2m of	56177
Article VIII, Ohio Constitution, and sections 5528.51 to 5528.53	56178
of the Revised Code, and so long as such obligations are	56179
outstanding there shall be levied and collected excises, taxes,	56180
and other revenues in amounts sufficient to pay the bond service	56181
charges on such obligations and costs relating to credit	56182
enhancement facilities.	56183

(B) Not more than two hundred twenty million dollars	56184
principal amount of obligations, plus the principal amount of	56185
obligations that in any prior fiscal years could have been, but	56186
were not issued within that two-hundred-twenty-million-dollar	56187
fiscal year limit, may be issued in any fiscal year, and not more	56188
~~that~~than one billion two hundred million dollars principal amount	56189
of obligations may be outstanding at any one time, all determined	56190
as provided in sections 5528.51 to 5528.53 of the Revised Code.	56191

(C) The state may participate in financing projects by	56192
grants, loans, or contributions to local government entities.	56193

(D) Each issue of obligations shall be authorized by	56194
resolution of the commissioners. The bond proceedings shall	56195
provide for the principal amount or maximum principal amount of	56196
obligations of an issue, and shall provide for or authorize the	56197
manner for determining the principal maturity or maturities, not	56198
exceeding the earlier of thirty years from the date of issuance of	56199
the particular obligations or thirty years from the date the debt	56200
represented by the particular obligations was originally	56201
contracted, the interest rate or rates, the date of and the dates	56202
of payment of interest on the obligations, their denominations,	56203
and the establishment within or outside the state of a place or	56204
places of payment of bond service charges. Sections 9.96, 9.98,	56205
9.981, 9.982, and 9.983 of the Revised Code are applicable to the	56206
obligations. The purpose of the obligations may be stated in the	56207
bond proceedings as "financing or assisting in the financing of	56208
highway capital improvement projects as provided in Section 2m of	56209
Article VIII, Ohio Constitution."	56210

(E) The proceeds of the obligations, except for any portion	56211
to be deposited into special funds, or into escrow funds for the	56212
purpose of refunding outstanding obligations, all as may be	56213
provided in the bond proceedings, shall be deposited into the	56214
highway capital improvement fund established by section 5528.53 of	56215
the Revised Code.	56216

(F) The commissioners may appoint or provide for the	56217
appointment of paying agents, bond registrars, securities	56218
depositories, and transfer agents, and may retain the services of	56219
financial advisers and accounting experts, and retain or contract	56220
for the services of marketing, remarketing, indexing, and	56221
administrative agents, other consultants, and independent	56222
contractors, including printing services, as are necessary in the	56223
judgment of the commissioners to carry out sections 5528.51 to	56224
5528.53 of the Revised Code. Financing costs are payable, as	56225
provided in the bond proceedings, from the proceeds of the	56226
obligations, from special funds, or from other moneys available	56227
for the purpose.	56228

(G) The bond proceedings, including any trust agreement, may	56229
contain additional provisions customary or appropriate to the	56230
financing or to the obligations or to particular obligations	56231
including, but not limited to:	56232

(1) The redemption of obligations prior to maturity at the	56233
option of the state or of the holder or upon the occurrence of	56234
certain conditions at such price or prices and under such terms	56235
and conditions as are provided in the bond proceedings;	56236

(2) The form of and other terms of the obligations;

56237

(3) The establishment, deposit, investment, and application	56238
of special funds, and the safeguarding of moneys on hand or on	56239
deposit, in lieu of otherwise applicable provisions of Chapter	56240
131. or 135. of the Revised Code, but subject to any special	56241
provisions of this section with respect to particular funds or	56242
moneys, and provided that any bank or trust company that acts as a	56243
depository of any moneys in special funds may furnish such	56244
indemnifying bonds or may pledge such securities as required by	56245
the commissioners;	56246

(4) Any or every provision of the bond proceedings binding	56247
upon the commissioners and such state agency or local government	56248
entities, officer, board, commission, authority, agency,	56249
department, or other person or body as may from time to time have	56250
the authority under law to take such actions as may be necessary	56251
to perform all or any part of the duty required by such provision;	56252

(5) The maintenance of each pledge, any trust agreement, or	56253
other instrument composing part of the bond proceedings until the	56254
state has fully paid or provided for the payment of the bond	56255
service charges on the obligations or met other stated conditions;	56256

(6) In the event of default in any payments required to be	56257
made by the bond proceedings, or any other agreement of the	56258
commissioners made as part of a contract under which the	56259
obligations were issued or secured, the enforcement of such	56260
payments or agreements by mandamus, suit in equity, action at law,	56261
or any combination of the foregoing;	56262

(7) The rights and remedies of the holders of obligations and	56263
of the trustee under any trust agreement, and provisions for	56264
protecting and enforcing them, including limitations on rights of	56265
individual holders of obligations;	56266

(8) The replacement of any obligations that become mutilated	56267
or are destroyed, lost, or stolen;	56268

(9) Provision for the funding, refunding, or advance	56269
refunding or other provision for payment of obligations that will	56270
then no longer be outstanding for purposes of sections 5528.51 to	56271
5528.56 of the Revised Code or of the bond proceedings;	56272

(10) Any provision that may be made in bond proceedings or a	56273
trust agreement, including provision for amendment of the bond	56274
proceedings;	56275

(11) Any other or additional agreements with the holders of	56276
the obligations relating to any of the foregoing;	56277

(12) Such other provisions as the commissioners determine,	56278
including limitations, conditions, or qualifications relating to	56279
any of the foregoing.	56280

(H) The great seal of the state or a facsimile of that seal	56281
may be affixed to or printed on the obligations. The obligations	56282
requiring signatures by the commissioners shall be signed by or	56283
bear the facsimile signatures of two or more of the commissioners	56284
as provided in the bond proceedings. Any obligations may be signed	56285
by the person who, on the date of execution, is the authorized	56286
signer although on the date of such obligations such person was	56287
not a commissioner. In case the individual whose signature or a	56288
facsimile of whose signature appears on any obligation ceases to	56289
be a commissioner before delivery of the obligation, such	56290
signature or facsimile is nevertheless valid and sufficient for	56291
all purposes as if that individual had remained the member until	56292
such delivery, and in case the seal to be affixed to or printed on	56293
obligations has been changed after the seal has been affixed to or	56294
a facsimile of the seal has been printed on the obligations, that	56295
seal or facsimile seal shall continue to be sufficient as to those	56296
obligations and obligations issued in substitution or exchange	56297
therefor.	56298

(I) The obligations are negotiable instruments and securities	56299
under Chapter 1308. of the Revised Code, subject to the provisions	56300
of the bond proceedings as to registration. Obligations may be	56301
issued in coupon or in fully registered form, or both, as the	56302
commissioners determine. Provision may be made for the	56303
registration of any obligations with coupons attached as to	56304
principal alone or as to both principal and interest, their	56305
exchange for obligations so registered, and for the conversion or	56306
reconversion into obligations with coupons attached of any	56307
obligations registered as to both principal and interest, and for	56308
reasonable charges for such registration, exchange, conversion,	56309
and reconversion. Pending preparation of definitive obligations,	56310
the commissioners may issue interim receipts or certificates which	56311
shall be exchanged for such definitive obligations.	56312

(J) Obligations may be sold at public sale or at private	56313
sale, and at such price at, above, or below par, as determined by	56314
the commissioners in the bond proceedings.	56315

(K) In the discretion of the commissioners, obligations may	56316
be secured additionally by a trust agreement between the state and	56317
a corporate trustee which may be any trust company or bank having	56318
~~its principal~~a place of business within the state. Any trust	56319
agreement may contain the resolution authorizing the issuance of	56320
the obligations, any provisions that may be contained in the bond	56321
proceedings, and other provisions that are customary or	56322
appropriate in an agreement of the type.	56323

(L) Except to the extent that their rights are restricted by	56324
the bond proceedings, any holder of obligations, or a trustee	56325
under the bond proceedings may by any suitable form of legal	56326
proceedings protect and enforce any rights under the laws of this	56327
state or granted by the bond proceedings. Such rights include the	56328
right to compel the performance of all duties of the commissioners	56329
and the state. Each duty of the commissioners and its employees,	56330
and of each state agency and local government entity and its	56331
officers, members, or employees, undertaken pursuant to the bond	56332
proceedings, is hereby established as a duty of the commissioners,	56333
and of each such agency, local government entity, officer, member,	56334
or employee having authority to perform such duty, specifically	56335
enjoined by the law and resulting from an office, trust, or	56336
station within the meaning of section 2731.01 of the Revised Code.	56337
The persons who are at the time the commissioners of the sinking	56338
fund, or its employees, are not liable in their personal	56339
capacities on any obligations or any agreements of or with the	56340
commissioners relating to obligations or under the bond	56341
proceedings.	56342

(M) Obligations are lawful investments for banks, societies	56343
for savings, savings and loan associations, deposit guarantee	56344
associations, trust companies, trustees, fiduciaries, insurance	56345
companies, including domestic for life and domestic not for life,	56346
trustees or other officers having charge of sinking and bond	56347
retirement or other special funds of political subdivisions and	56348
taxing districts of this state, the commissioners of the sinking	56349
fund, the administrator of workers' compensation, subject to the	56350
approval of the workers' compensation board and the industrial	56351
commission, the state teachers retirement system, the public	56352
employees retirement system, the school employees retirement	56353
system, and the Ohio police and fire pension fund, notwithstanding	56354
any other provisions of the Revised Code or rules adopted pursuant	56355
thereto by any state agency with respect to investments by them,	56356
and are also acceptable as security for the deposit of public	56357
moneys.	56358

(N) Unless otherwise provided in any applicable bond	56359
proceedings, moneys to the credit of or in the special funds	56360
established by or pursuant to this section may be invested by or	56361
on behalf of the commissioners only in notes, bonds, or other	56362
direct obligations of the United States or of any agency or	56363
instrumentality thereof, in obligations of this state or any	56364
political subdivision of this state, in certificates of deposit of	56365
any national bank located in this state and any bank, as defined	56366
in section 1101.01 of the Revised Code, subject to inspection by	56367
the superintendent of financial institutions, in the Ohio	56368
subdivision's fund established pursuant to section 135.45 of the	56369
Revised Code, in no-front-end-load money market mutual funds	56370
consisting exclusively of direct obligations of the United States	56371
or of an agency or instrumentality thereof, and in repurchase	56372
agreements, including those issued by any fiduciary, secured by	56373
direct obligations of the United States or an agency or	56374
instrumentality thereof, and in common trust funds established in	56375
accordance with section 1109.20 of the Revised Code and consisting	56376
exclusively of direct obligations of the United States or of an	56377
agency or instrumentality thereof, notwithstanding division (A)(4)	56378
of that section. The income from investments shall be credited to	56379
such special funds or otherwise as the commissioners determine in	56380
the bond proceedings, and the investments may be sold or exchanged	56381
at such times as the commissioners determine or authorize.	56382

(O) Unless otherwise provided in any applicable bond	56383
proceedings, moneys to the credit of or in a special fund shall be	56384
disbursed on the order of the commissioners, provided that no such	56385
order is required for the payment from the bond service fund or	56386
other special fund when due of bond service charges or required	56387
payments under credit enhancement facilities.	56388

(P) The commissioners may covenant in the bond proceedings,	56389
and any such covenants shall be controlling notwithstanding any	56390
other provision of law, that the state and the applicable officers	56391
and agencies of the state, including the general assembly, shall,	56392
so long as any obligations are outstanding in accordance with	56393
their terms, maintain statutory authority for and cause to be	56394
charged and collected taxes, excises, and other receipts of the	56395
state so that the receipts to the bond service fund shall be	56396
sufficient in amounts to meet bond service charges and for the	56397
establishment and maintenance of any reserves and other	56398
requirements, including payment of financing costs, provided for	56399
in the bond proceedings.	56400

(Q) The obligations, and the transfer of, and the interest,	56401
interest equivalent, and other income and accreted amounts from,	56402
including any profit made on the sale, exchange, or other	56403
disposition of, the obligations shall at all times be free from	56404
taxation, direct or indirect, within the state.	56405

(R) This section applies only with respect to obligations	56406
issued and delivered prior to September 30, 2000.	56407

Sec. 5531.10. (A) As used in this chapter:

56408

(1) "Bond proceedings" means the resolution, order, trust	56409
agreement, indenture, lease, lease-purchase agreements, and other	56410
agreements, amendments and supplements to the foregoing, or any	56411
one or more or combination thereof, authorizing or providing for	56412
the terms and conditions applicable to, or providing for the	56413
security or liquidity of, obligations issued pursuant to this	56414
section, and the provisions contained in such obligations.	56415

(2) "Bond service charges" means principal, including	56416
mandatory sinking fund requirements for retirement of obligations,	56417
and interest, and redemption premium, if any, required to be paid	56418
by the state on obligations.	56419

(3) "Bond service fund" means the applicable fund and	56420
accounts therein created for and pledged to the payment of bond	56421
service charges, which may be, or may be part of, the state	56422
infrastructure bank revenue bond service fund created by division	56423
(R) of this section including all moneys and investments, and	56424
earnings from investments, credited and to be credited thereto.	56425

(4) "Issuing authority" means the treasurer of state, or the	56426
officer who by law performs the functions of the treasurer of	56427
state.	56428

(5) "Obligations" means bonds, notes, or other evidence of	56429
obligation including interest coupons pertaining thereto, issued	56430
pursuant to this section.	56431

(6) "Pledged receipts" means moneys accruing to the state	56432
from the lease, lease-purchase, sale, or other disposition, or	56433
use, of qualified projects, and from the repayment, including	56434
interest, of loans made from proceeds received from the sale of	56435
obligations; accrued interest received from the sale of	56436
obligations; income from the investment of the special funds; any	56437
gifts, grants, donations, and pledges, and receipts therefrom,	56438
available for the payment of bond service charges; and any amounts	56439
in the state infrastructure bank pledged to the payment of such	56440
charges. If the amounts in the state infrastructure bank are	56441
insufficient for the payment of such charges, "pledged receipts"	56442
also means moneys that are apportioned by the United States	56443
secretary of transportation under United States Code, Title XXIII,	56444
as amended, or any successor legislation, or under any other	56445
federal law relating to aid for highways, and that are to be	56446
received as a grant by the state, to the extent the state is not	56447
prohibited by state or federal law from using such moneys and the	56448
moneys are pledged to the payment of such bond service charges.	56449

(7) "Special funds" or "funds" means, except where the	56450
context does not permit, the bond service fund, and any other	56451
funds, including reserve funds, created under the bond	56452
proceedings, and the state infrastructure bank revenue bond	56453
service fund created by division (R) of this section to the extent	56454
provided in the bond proceedings, including all moneys and	56455
investments, and earnings from investment, credited and to be	56456
credited thereto.	56457

(8) "State infrastructure project" means any public	56458
transportation project undertaken by the state, including, but not	56459
limited to, all components of any such project, as described in	56460
division (D) of section 5531.09 of the Revised Code.	56461

(9) "District obligations" means bonds, notes, or other	56462
evidence of obligation including interest coupons pertaining	56463
thereto, issued to finance a qualified project by a transportation	56464
improvement district created pursuant to section 5540.02 of the	56465
Revised Code, of which the principal, including mandatory sinking	56466
fund requirements for retirement of such obligations, and interest	56467
and redemption premium, if any, are payable by the department of	56468
transportation.	56469

(B) The issuing authority, after giving written notice to the	56470
director of budget and management and upon the certification by	56471
the director of transportation to the issuing authority of the	56472
amount of moneys or additional moneys needed either for state	56473
infrastructure projects or to provide financial assistance for any	56474
of the purposes for which the state infrastructure bank may be	56475
used under section 5531.09 of the Revised Code, or needed for	56476
capitalized interest, funding reserves, and paying costs and	56477
expenses incurred in connection with the issuance, carrying,	56478
securing, paying, redeeming, or retirement of the obligations or	56479
any obligations refunded thereby, including payment of costs and	56480
expenses relating to letters of credit, lines of credit,	56481
insurance, put agreements, standby purchase agreements, indexing,	56482
marketing, remarketing and administrative arrangements, interest	56483
swap or hedging agreements, and any other credit enhancement,	56484
liquidity, remarketing, renewal, or refunding arrangements, all of	56485
which are authorized by this section, shall issue obligations of	56486
the state under this section in the required amount. The proceeds	56487
of such obligations, except for the portion to be deposited in	56488
special funds, including reserve funds, as may be provided in the	56489
bond proceedings, shall as provided in the bond proceedings be	56490
credited to the infrastructure bank obligations fund of the state	56491
infrastructure bank created by section 5531.09 of the Revised Code	56492
and disbursed as provided in the bond proceedings for such	56493
obligations. The issuing authority may appoint trustees, paying	56494
agents, transfer agents, and authenticating agents, and may retain	56495
the services of financial advisors, accounting experts, and	56496
attorneys, and retain or contract for the services of marketing,	56497
remarketing, indexing, and administrative agents, other	56498
consultants, and independent contractors, including printing	56499
services, as are necessary in the issuing authority's judgment to	56500
carry out this section. The costs of such services are payable	56501
from funds of the state infrastructure bank.	56502

(C) The holders or owners of such obligations shall have no	56503
right to have moneys raised by taxation by the state of Ohio	56504
obligated or pledged, and moneys so raised shall not be obligated	56505
or pledged, for the payment of bond service charges. The right of	56506
such holders and owners to the payment of bond service charges is	56507
limited to all or that portion of the pledged receipts and those	56508
special funds pledged thereto pursuant to the bond proceedings for	56509
such obligations in accordance with this section, and each such	56510
obligation shall bear on its face a statement to that effect.	56511
Moneys received as repayment of loans made by the state	56512
infrastructure bank pursuant to section 5531.09 of the Revised	56513
Code shall not be considered moneys raised by taxation by the	56514
state of Ohio regardless of the source of the moneys.	56515

(D) Obligations shall be authorized by order of the issuing	56516
authority and the bond proceedings shall provide for the purpose	56517
thereof and the principal amount or amounts, and shall provide for	56518
or authorize the manner or agency for determining the principal	56519
maturity or maturities, not exceeding twenty-five years from the	56520
date of issuance, the interest rate or rates or the maximum	56521
interest rate, the date of the obligations and the dates of	56522
payment of interest thereon, their denomination, and the	56523
establishment within or without the state of a place or places of	56524
payment of bond service charges. Sections 9.98 to 9.983 of the	56525
Revised Code are applicable to obligations issued under this	56526
section. The purpose of such obligations may be stated in the bond	56527
proceedings in terms describing the general purpose or purposes to	56528
be served. The bond proceedings also shall provide, subject to the	56529
provisions of any other applicable bond proceedings, for the	56530
pledge of all, or such part as the issuing authority may	56531
determine, of the pledged receipts and the applicable special fund	56532
or funds to the payment of bond service charges, which pledges may	56533
be made either prior or subordinate to other expenses, claims, or	56534
payments, and may be made to secure the obligations on a parity	56535
with obligations theretofore or thereafter issued, if and to the	56536
extent provided in the bond proceedings. The pledged receipts and	56537
special funds so pledged and thereafter received by the state	56538
immediately are subject to the lien of such pledge without any	56539
physical delivery thereof or further act, and the lien of any such	56540
pledges is valid and binding against all parties having claims of	56541
any kind against the state or any governmental agency of the	56542
state, irrespective of whether such parties have notice thereof,	56543
and shall create a perfected security interest for all purposes of	56544
Chapter 1309. of the Revised Code, without the necessity for	56545
separation or delivery of funds or for the filing or recording of	56546
the bond proceedings by which such pledge is created or any	56547
certificate, statement, or other document with respect thereto;	56548
and the pledge of such pledged receipts and special funds is	56549
effective and the money therefrom and thereof may be applied to	56550
the purposes for which pledged without necessity for any act of	56551
appropriation. Every pledge, and every covenant and agreement	56552
made with respect thereto, made in the bond proceedings may	56553
therein be extended to the benefit of the owners and holders of	56554
obligations authorized by this section, and to any trustee	56555
therefor, for the further security of the payment of the bond	56556
service charges.	56557

(E) The bond proceedings may contain additional provisions as	56558
to:	56559

(1) The redemption of obligations prior to maturity at the	56560
option of the issuing authority at such price or prices and under	56561
such terms and conditions as are provided in the bond proceedings;	56562

(2) Other terms of the obligations;

56563

(3) Limitations on the issuance of additional obligations;

56564

(4) The terms of any trust agreement or indenture securing	56565
the obligations or under which the same may be issued;	56566

(5) The deposit, investment, and application of special	56567
funds, and the safeguarding of moneys on hand or on deposit,	56568
without regard to Chapter 131. or 135. of the Revised Code, but	56569
subject to any special provisions of this section with respect to	56570
particular funds or moneys, provided that any bank or trust	56571
company which acts as depository of any moneys in the special	56572
funds may furnish such indemnifying bonds or may pledge such	56573
securities as required by the issuing authority;	56574

(6) Any or every provision of the bond proceedings being	56575
binding upon such officer, board, commission, authority, agency,	56576
department, or other person or body as may from time to time have	56577
the authority under law to take such actions as may be necessary	56578
to perform all or any part of the duty required by such provision;	56579

(7) Any provision that may be made in a trust agreement or	56580
indenture;	56581

(8) Any other or additional agreements with the holders of	56582
the obligations, or the trustee therefor, relating to the	56583
obligations or the security therefor, including the assignment of	56584
mortgages or other security relating to financial assistance for	56585
qualified projects under section 5531.09 of the Revised Code.	56586

(F) The obligations may have the great seal of the state or a	56587
facsimile thereof affixed thereto or printed thereon. The	56588
obligations and any coupons pertaining to obligations shall be	56589
signed or bear the facsimile signature of the issuing authority.	56590
Any obligations or coupons may be executed by the person who, on	56591
the date of execution, is the proper issuing authority although on	56592
the date of such bonds or coupons such person was not the issuing	56593
authority. In case the issuing authority whose signature or a	56594
facsimile of whose signature appears on any such obligation or	56595
coupon ceases to be the issuing authority before delivery thereof,	56596
such signature or facsimile nevertheless is valid and sufficient	56597
for all purposes as if the former issuing authority had remained	56598
the issuing authority until such delivery; and in case the seal to	56599
be affixed to obligations has been changed after a facsimile of	56600
the seal has been imprinted on such obligations, such facsimile	56601
seal shall continue to be sufficient as to such obligations and	56602
obligations issued in substitution or exchange therefor.	56603

(G) All obligations are negotiable instruments and securities	56604
under Chapter 1308. of the Revised Code, subject to the provisions	56605
of the bond proceedings as to registration. The obligations may be	56606
issued in coupon or in registered form, or both, as the issuing	56607
authority determines. Provision may be made for the registration	56608
of any obligations with coupons attached thereto as to principal	56609
alone or as to both principal and interest, their exchange for	56610
obligations so registered, and for the conversion or reconversion	56611
into obligations with coupons attached thereto of any obligations	56612
registered as to both principal and interest, and for reasonable	56613
charges for such registration, exchange, conversion, and	56614
reconversion.	56615

(H) Obligations may be sold at public sale or at private	56616
sale, as determined in the bond proceedings.	56617

(I) Pending preparation of definitive obligations, the	56618
issuing authority may issue interim receipts or certificates which	56619
shall be exchanged for such definitive obligations.	56620

(J) In the discretion of the issuing authority, obligations	56621
may be secured additionally by a trust agreement or indenture	56622
between the issuing authority and a corporate trustee which may be	56623
any trust company or bank having ~~its principal~~a place of business	56624
within the state. Any such agreement or indenture may contain the	56625
order authorizing the issuance of the obligations, any provisions	56626
that may be contained in any bond proceedings, and other	56627
provisions which are customary or appropriate in an agreement or	56628
indenture of such type, including, but not limited to:	56629

(1) Maintenance of each pledge, trust agreement, indenture,	56630
or other instrument comprising part of the bond proceedings until	56631
the state has fully paid the bond service charges on the	56632
obligations secured thereby, or provision therefor has been made;	56633

(2) In the event of default in any payments required to be	56634
made by the bond proceedings, or any other agreement of the	56635
issuing authority made as a part of the contract under which the	56636
obligations were issued, enforcement of such payments or agreement	56637
by mandamus, the appointment of a receiver, suit in equity, action	56638
at law, or any combination of the foregoing;	56639

(3) The rights and remedies of the holders of obligations and	56640
of the trustee, and provisions for protecting and enforcing them,	56641
including limitations on the rights of individual holders of	56642
obligations;	56643

(4) The replacement of any obligations that become mutilated	56644
or are destroyed, lost, or stolen;	56645

(5) Such other provisions as the trustee and the issuing	56646
authority agree upon, including limitations, conditions, or	56647
qualifications relating to any of the foregoing.	56648

(K) Any holder of obligations or a trustee under the bond	56649
proceedings, except to the extent that the holder's or trustee's	56650
rights are restricted by the bond proceedings, may by any suitable	56651
form of legal proceedings, protect and enforce any rights under	56652
the laws of this state or granted by such bond proceedings. Such	56653
rights include the right to compel the performance of all duties	56654
of the issuing authority and the director of transportation	56655
required by the bond proceedings or sections 5531.09 and 5531.10	56656
of the Revised Code; to enjoin unlawful activities; and in the	56657
event of default with respect to the payment of any bond service	56658
charges on any obligations or in the performance of any covenant	56659
or agreement on the part of the issuing authority or the director	56660
of transportation in the bond proceedings, to apply to a court	56661
having jurisdiction of the cause to appoint a receiver to receive	56662
and administer the pledged receipts and special funds, other than	56663
those in the custody of the treasurer of state, which are pledged	56664
to the payment of the bond service charges on such obligations or	56665
which are the subject of the covenant or agreement, with full	56666
power to pay, and to provide for payment of bond service charges	56667
on, such obligations, and with such powers, subject to the	56668
direction of the court, as are accorded receivers in general	56669
equity cases, excluding any power to pledge additional revenues or	56670
receipts or other income or moneys of the state or local	56671
governmental entities, or agencies thereof, to the payment of such	56672
principal and interest and excluding the power to take possession	56673
of, mortgage, or cause the sale or otherwise dispose of any	56674
project facilities.	56675

Each duty of the issuing authority and the issuing	56676
authority's officers and employees, and of each state or local	56677
governmental agency and its officers, members, or employees,	56678
undertaken pursuant to the bond proceedings or any loan, loan	56679
guarantee, lease, lease-purchase agreement, or other agreement	56680
made under authority of section 5531.09 of the Revised Code, and	56681
in every agreement by or with the issuing authority, is hereby	56682
established as a duty of the issuing authority, and of each such	56683
officer, member, or employee having authority to perform such	56684
duty, specifically enjoined by the law resulting from an office,	56685
trust, or station within the meaning of section 2731.01 of the	56686
Revised Code.	56687

The person who is at the time the issuing authority, or the	56688
issuing authority's officers or employees, are not liable in their	56689
personal capacities on any obligations issued by the issuing	56690
authority or any agreements of or with the issuing authority.	56691

(L) The issuing authority may authorize and issue obligations	56692
for the refunding, including funding and retirement, and advance	56693
refunding with or without payment or redemption prior to maturity,	56694
of any obligations previously issued by the issuing authority or	56695
district obligations. Such refunding obligations may be issued in	56696
amounts sufficient for payment of the principal amount of the	56697
prior obligations or district obligations, any redemption premiums	56698
thereon, principal maturities of any such obligations or district	56699
obligations maturing prior to the redemption of the remaining	56700
obligations or district obligations on a parity therewith,	56701
interest accrued or to accrue to the maturity dates or dates of	56702
redemption of such obligations or district obligations, and any	56703
expenses incurred or to be incurred in connection with such	56704
issuance and such refunding, funding, and retirement. Subject to	56705
the bond proceedings therefor, the portion of proceeds of the sale	56706
of refunding obligations issued under this division to be applied	56707
to bond service charges on the prior obligations or district	56708
obligations shall be credited to an appropriate account held by	56709
the trustee for such prior or new obligations or to the	56710
appropriate account in the bond service fund for such obligations	56711
or district obligations. Obligations authorized under this	56712
division shall be deemed to be issued for those purposes for which	56713
such prior obligations or district obligations were issued and are	56714
subject to the provisions of this section pertaining to other	56715
obligations, except as otherwise provided in this section. The	56716
last maturity of obligations authorized under this division shall	56717
not be later than twenty-five years from the date of issuance of	56718
the original securities issued for the original purpose.	56719

(M) The authority to issue obligations under this section	56720
includes authority to issue obligations in the form of bond	56721
anticipation notes and to renew the same from time to time by the	56722
issuance of new notes. The holders of such notes or interest	56723
coupons pertaining thereto shall have a right to be paid solely	56724
from the pledged receipts and special funds that may be pledged to	56725
the payment of the bonds anticipated, or from the proceeds of such	56726
bonds or renewal notes, or both, as the issuing authority provides	56727
in the order authorizing such notes. Such notes may be	56728
additionally secured by covenants of the issuing authority to the	56729
effect that the issuing authority and the state will do such or	56730
all things necessary for the issuance of such bonds or renewal	56731
notes in the appropriate amount, and apply the proceeds thereof to	56732
the extent necessary, to make full payment of the principal of and	56733
interest on such notes at the time or times contemplated, as	56734
provided in such order. For such purpose, the issuing authority	56735
may issue bonds or renewal notes in such principal amount and upon	56736
such terms as may be necessary to provide funds to pay when	56737
required the principal of and interest on such notes,	56738
notwithstanding any limitations prescribed by or for purposes of	56739
this section. Subject to this division, all provisions for and	56740
references to obligations in this section are applicable to notes	56741
authorized under this division.	56742

The issuing authority in the bond proceedings authorizing the	56743
issuance of bond anticipation notes shall set forth for such bonds	56744
an estimated interest rate and a schedule of principal payments	56745
for such bonds and the annual maturity dates thereof.	56746

(N) Obligations issued under this section are lawful	56747
investments for banks, societies for savings, savings and loan	56748
associations, deposit guarantee associations, trust companies,	56749
trustees, fiduciaries, insurance companies, including domestic for	56750
life and domestic not for life, trustees or other officers having	56751
charge of sinking and bond retirement or other special funds of	56752
political subdivisions and taxing districts of this state, the	56753
commissioners of the sinking fund of the state, the administrator	56754
of workers' compensation, the state teachers retirement system,	56755
the public employees retirement system, the school employees	56756
retirement system, and the Ohio police and fire pension fund,	56757
notwithstanding any other provisions of the Revised Code or rules	56758
adopted pursuant thereto by any agency of the state with respect	56759
to investments by them, and are also acceptable as security for	56760
the deposit of public moneys.	56761

(O) Unless otherwise provided in any applicable bond	56762
proceedings, moneys to the credit of or in the special funds	56763
established by or pursuant to this section may be invested by or	56764
on behalf of the issuing authority only in notes, bonds, or other	56765
obligations of the United States, or of any agency or	56766
instrumentality of the United States, obligations guaranteed as to	56767
principal and interest by the United States, obligations of this	56768
state or any political subdivision of this state, and certificates	56769
of deposit of any national bank located in this state and any	56770
bank, as defined in section 1101.01 of the Revised Code, subject	56771
to inspection by the superintendent of financial institutions. If	56772
the law or the instrument creating a trust pursuant to division	56773
(J) of this section expressly permits investment in direct	56774
obligations of the United States or an agency of the United	56775
States, unless expressly prohibited by the instrument, such moneys	56776
also may be invested in no-front-end-load money market mutual	56777
funds consisting exclusively of obligations of the United States	56778
or an agency of the United States and in repurchase agreements,	56779
including those issued by the fiduciary itself, secured by	56780
obligations of the United States or an agency of the United	56781
States; and in collective investment funds as defined in division	56782
(A) of section 1111.01 of the Revised Code and consisting	56783
exclusively of any such securities. The income from such	56784
investments shall be credited to such funds as the issuing	56785
authority determines, and such investments may be sold at such	56786
times as the issuing authority determines or authorizes.	56787

(P) Provision may be made in the applicable bond proceedings	56788
for the establishment of separate accounts in the bond service	56789
fund and for the application of such accounts only to the	56790
specified bond service charges on obligations pertinent to such	56791
accounts and bond service fund and for other accounts therein	56792
within the general purposes of such fund. Unless otherwise	56793
provided in any applicable bond proceedings, moneys to the credit	56794
of or in the several special funds established pursuant to this	56795
section shall be disbursed on the order of the treasurer of state,	56796
provided that no such order is required for the payment from the	56797
bond service fund when due of bond service charges on obligations.	56798

(Q)(1) The issuing authority may pledge all, or such portion	56799
as the issuing authority determines, of the pledged receipts to	56800
the payment of bond service charges on obligations issued under	56801
this section, and for the establishment and maintenance of any	56802
reserves, as provided in the bond proceedings, and make other	56803
provisions therein with respect to pledged receipts as authorized	56804
by this chapter, which provisions are controlling notwithstanding	56805
any other provisions of law pertaining thereto.	56806

(2) An action taken under division (Q)(2) of this section	56807
does not limit the generality of division (Q)(1) of this section,	56808
and is subject to division (C) of this section and, if and to the	56809
extent otherwise applicable, Section 13 of Article VIII, Ohio	56810
Constitution. The bond proceedings may contain a covenant that, in	56811
the event the pledged receipts primarily pledged and required to	56812
be used for the payment of bond service charges on obligations	56813
issued under this section, and for the establishment and	56814
maintenance of any reserves, as provided in the bond proceedings,	56815
are insufficient to make any such payment in full when due, or to	56816
maintain any such reserve, the director of transportation shall so	56817
notify the governor, and shall determine to what extent, if any,	56818
the payment may be made or moneys may be restored to the reserves	56819
from lawfully available moneys previously appropriated for that	56820
purpose to the department of transportation. The covenant also	56821
may provide that if the payments are not made or the moneys are	56822
not immediately and fully restored to the reserves from such	56823
moneys, the director shall promptly submit to the governor and to	56824
the director of budget and management a written request for either	56825
or both of the following:	56826

(a) That the next biennial budget submitted by the governor	56827
to the general assembly include an amount to be appropriated from	56828
lawfully available moneys to the department for the purpose of and	56829
sufficient for the payment in full of bond service charges	56830
previously due and for the full replenishment of the reserves;	56831

(b) That the general assembly be requested to increase	56832
appropriations from lawfully available moneys for the department	56833
in the current biennium sufficient for the purpose of and for the	56834
payment in full of bond service charges previously due and to come	56835
due in the biennium and for the full replenishment of the	56836
reserves.	56837

The director of transportation shall include with such	56838
requests a recommendation that the payment of the bond service	56839
charges and the replenishment of the reserves be made in the	56840
interest of maximizing the benefits of the state infrastructure	56841
bank. Any such covenant shall not obligate or purport to obligate	56842
the state to pay the bond service charges on such bonds or notes	56843
or to deposit moneys in a reserve established for such payments	56844
other than from moneys that may be lawfully available and	56845
appropriated for that purpose during the then-current biennium.	56846

(R) There is hereby created the state infrastructure bank	56847
revenue bond service fund, which shall be in the custody of the	56848
treasurer of state but shall not be a part of the state treasury.	56849
All moneys received by or on account of the issuing authority or	56850
state agencies and required by the applicable bond proceedings,	56851
consistent with this section, to be deposited, transferred, or	56852
credited to the bond service fund, and all other moneys	56853
transferred or allocated to or received for the purposes of the	56854
fund, shall be deposited and credited to such fund and to any	56855
separate accounts therein, subject to applicable provisions of the	56856
bond proceedings, but without necessity for any act of	56857
appropriation. The state infrastructure bank revenue bond service	56858
fund is a trust fund and is hereby pledged to the payment of bond	56859
service charges to the extent provided in the applicable bond	56860
proceedings, and payment thereof from such fund shall be made or	56861
provided for by the treasurer of state in accordance with such	56862
bond proceedings without necessity for any act of appropriation.	56863

(S) The obligations issued pursuant to this section, the	56864
transfer thereof, and the income therefrom, including any profit	56865
made on the sale thereof, shall at all times be free from taxation	56866
within this state.	56867

Sec. 5533.531. The road known as state route one hundred	56868
eighteen, commencing at the southernmost boundary of the municipal	56869
corporation of St. Henry and extending southward to the	56870
intersection of that state route and state route forty-seven,	56871
shall be known as "Earl Baltes Highway."	56872

The director of transportation may erect suitable markers	56873
along the highway indicating its name.	56874

Sec. 5533.632. The road known as state route number two,	56875
running in an easterly and westerly direction, within the	56876
municipal corporation of Willoughby only, shall be known as the	56877
"Brian Montgomery Memorial Highway."	56878

The director of transportation may erect suitable markers	56879
along the highway indicating its name.	56880

Sec. 5533.91. That part of the road known as state route	56881
number forty-four, located within Lake county and commencing at	56882
the intersection of that state route and state route number two	56883
and extending in a northerly direction and ending at headlands	56884
beach state park, shall be known as the "LCpl Andy Nowacki	56885
Memorial Highway."	56886

The director of transportation may erect suitable markers	56887
along the highway indicating its name.	56888

Sec. 5537.04. (A) The Ohio turnpike commission may do any of	56889
the following:	56890

(1) Adopt bylaws for the regulation of its affairs and the	56891
conduct of its business;	56892

(2) Adopt an official seal, which shall not be the great seal	56893
of the state and which need not be in compliance with section 5.10	56894
of the Revised Code;	56895

(3) Maintain a principal office and suboffices at such places	56896
within the state as it designates;	56897

(4) Sue and be sued in its own name, plead and be impleaded,	56898
provided any actions against the commission shall be brought in	56899
the court of common pleas of the county in which the principal	56900
office of the commission is located, or in the court of common	56901
pleas of the county in which the cause of action arose if that	56902
county is located within this state, and all summonses,	56903
exceptions, and notices of every kind shall be served on the	56904
commission by leaving a copy thereof at its principal office with	56905
the secretary-treasurer or executive director of the commission;	56906

(5) Construct, maintain, repair, police, and operate the	56907
turnpike system, and establish rules for the use of any turnpike	56908
project;	56909

(6) Issue revenue bonds of the state, payable solely from	56910
pledged revenues, as provided in this chapter, for the purpose of	56911
paying any part of the cost of constructing any one or more	56912
turnpike projects;	56913

(7) Fix, and revise from time to time, and charge and collect	56914
tolls;	56915

(8) Acquire, hold, and dispose of property in the exercise of	56916
its powers and the performance of its duties under this chapter;	56917

(9) Designate the locations and establish, limit, and control	56918
such points of ingress to and egress from each turnpike project as	56919
are necessary or desirable in the judgment of the commission and	56920
of the director of transportation to ensure the proper operation	56921
and maintenance of that project, and prohibit entrance to such a	56922
project from any point not so designated;	56923

(10) Make and enter into all contracts and agreements	56924
necessary or incidental to the performance of its duties and the	56925
execution of its powers under this chapter, including	56926
participation in a multi-jurisdiction electronic toll collection	56927
agreement and collection or remittance of tolls, fees, or other	56928
charges to or from entities or agencies that participate in such	56929
an agreement;	56930

(11) Employ or retain or contract for the services of	56931
consulting engineers, superintendents, managers, and any other	56932
engineers, construction and accounting experts, financial	56933
advisers, trustees, marketing, remarketing, and administrative	56934
agents, attorneys, and other employees, independent contractors,	56935
or agents that are necessary in its judgment and fix their	56936
compensation, provided all such expenses shall be payable solely	56937
from the proceeds of bonds or from revenues of the Ohio turnpike	56938
system;	56939

(12) Receive and accept from any federal agency, subject to	56940
the approval of the governor, and from any other governmental	56941
agency grants for or in aid of the construction, reconstruction,	56942
repair, renovation, maintenance, or operation of any turnpike	56943
project, and receive and accept aid or contributions from any	56944
source or person of money, property, labor, or other things of	56945
value, to be held, used, and applied only for the purposes for	56946
which such grants and contributions are made;	56947

(13) Provide coverage for its employees under Chapters 4123.	56948
and 4141. of the Revised Code;	56949

(14) Fix and revise by rule, from time to time, such permit	56950
fees, processing fees, or administrative charges for the	56951
prepayment, deferred payment, or nonpayment of tolls and use of	56952
electronic tolling equipment or other commission property.	56953

(B) The commission may do all acts necessary or proper to	56954
carry out the powers expressly granted in this chapter.	56955

Sec. 5537.16. (A) The Ohio turnpike commission may adopt	56956
such bylaws and rules as it considers advisable for the control	56957
and regulation of traffic on any turnpike project, for the	56958
protection and preservation of property under its jurisdiction and	56959
control, ~~and~~ for the maintenance and preservation of good order	56960
within the property under its control, and for the purpose of	56961
establishing owner or operator liability for failure to comply	56962
with toll collection rules. The rules of the commission with	56963
respect to the speed, use of special engine brakes, axle loads,	56964
vehicle loads, and vehicle dimensions of vehicles on turnpike	56965
projects, including the issuance of a special permit by the	56966
commission to allow the operation on any turnpike project of a	56967
motor vehicle transporting two or fewer steel coils, shall apply	56968
notwithstanding sections 4511.21 to 4511.24, 4513.34, and Chapter	56969
5577. of the Revised Code. Such bylaws and rules shall be	56970
published in a newspaper of general circulation in Franklin	56971
county, and in such other manner as the commission prescribes.	56972

(B) Such rules shall provide that public police officers	56973
shall be afforded ready access, while in the performance of their	56974
official duty, to all property under the jurisdiction of the	56975
commission and without the payment of tolls.	56976

(C) No person shall violate any such bylaws or rules of the	56977
commission. ~~All~~	56978

(D)(1) All fines collected for the violation of applicable	56979
laws of the state and the bylaws and rules of the commission or	56980
moneys arising from bonds forfeited for such violation shall be	56981
disposed of in accordance with section 5503.04 of the Revised	56982
Code.	56983

(2) All fees or charges assessed by the commission against an	56984
owner or operator of a vehicle as a civil violation for failure to	56985
comply with toll collection rules shall be revenues of the	56986
commission.	56987

Sec. 5537.99. ~~Whoever~~(A) Except as provided in division (B)	56988
of this section, whoever violates division (C) of section 5537.16	56989
of the Revised Code is guilty of a minor misdemeanor on a first	56990
offense; on each subsequent offense such person is guilty of a	56991
misdemeanor of the fourth degree.	56992

(B) Whoever violates division (C) of section 5537.16 of the	56993
Revised Code when the violation is a civil violation for failure	56994
to comply with toll collection rules is subject to a fee or charge	56995
established by the commission by rule.	56996

Sec. 5703.058. Before January 1, 2008, the tax commissioner	56997
and the treasurer of state shall consult and jointly adopt	56998
policies and procedures for the processing of payments of taxes	56999
administered by the tax commissioner such that payments are	57000
deposited in or credited to the appropriate account or fund within	57001
thirty days after receipt by the commissioner or treasurer. The	57002
policies and procedures shall apply to all such payments received	57003
on or after January 1, 2008. The policies and procedures are	57004
supplemental to rules adopted by the treasurer of state under	57005
section 113.08 of the Revised Code.	57006

Sec. 5703.80. There is hereby created in the state treasury	57007
the property tax administration fund. All money to the credit of	57008
the fund shall be used to defray the costs incurred by the	57009
department of taxation in administering the taxation of property	57010
and the equalization of real property valuation.	57011

Each fiscal year between the first and fifteenth days of	57012
July, the tax commissioner shall compute the following amounts for	57013
the property in each taxing district in each county, and certify	57014
to the director of budget and management the sum of those amounts	57015
for all taxing districts in all counties:	57016

(A) For fiscal year 2006, thirty-three hundredths of one per	57017
cent of the total amount by which taxes charged against real	57018
property on the general tax list of real and public utility	57019
property were reduced under section 319.302 of the Revised Code	57020
for the preceding tax year;	57021

(B) For fiscal year 2007 and thereafter, thirty-five	57022
hundredths of one per cent of the total amount by which taxes	57023
charged against real property on the general tax list of real and	57024
public utility property were reduced under section 319.302 of the	57025
Revised Code for the preceding tax year;	57026

(C) For fiscal year 2006, one-half of one per cent of the	57027
total amount of taxes charged and payable against public utility	57028
personal property on the general tax list of real and public	57029
utility property for the preceding tax year and of the total	57030
amount of taxes charged and payable against tangible personal	57031
property on the general tax list of personal property of the	57032
preceding tax year and for which returns were filed with the tax	57033
commissioner under section 5711.13 of the Revised Code;	57034

(D) For fiscal year 2007, fifty-six hundredths of one per	57035
cent of the total amount of taxes charged and payable against	57036
public utility personal property on the general tax list of real	57037
and public utility property for the preceding tax year and of the	57038
total amount of taxes charged and payable against tangible	57039
personal property on the general tax list of personal property of	57040
the preceding tax year and for which returns were filed with the	57041
tax commissioner under section 5711.13 of the Revised Code;	57042

(E) For fiscal year 2008 ~~and thereafter~~, six-tenths of one	57043
per cent of the total amount of taxes charged and payable against	57044
public utility personal property on the general tax list of real	57045
and public utility property for the preceding tax year and of the	57046
total amount of taxes charged and payable against tangible	57047
personal property on the general tax list of personal property of	57048
the preceding tax year and for which returns were filed with the	57049
tax commissioner under section 5711.13 of the Revised Code;	57050

(F) For fiscal year 2009 and thereafter, seven hundred	57051
twenty-five one-thousandths of one per cent of the total amount of	57052
taxes charged and payable against public utility personal property	57053
on the general tax list of real and public utility property for	57054
the preceding tax year and of the total amount of taxes charged	57055
and payable against tangible personal property on the general tax	57056
list of personal property of the preceding tax year and for which	57057
returns were filed with the tax commissioner under section 5711.13	57058
of the Revised Code.	57059

After receiving the tax commissioner's certification, the	57060
director of budget and management shall transfer from the general	57061
revenue fund to the property tax administration fund one-fourth of	57062
the amount certified on or before each of the following days: the	57063
first days of August, November, February, and May.	57064

On or before the thirtieth day of June of the fiscal year,	57065
the tax commissioner shall certify to the director of budget and	57066
management the sum of the amounts by which the amounts computed	57067
for a taxing district under this section exceeded the	57068
distributions to the taxing district under division (F) of section	57069
321.24 of the Revised Code, and the director shall transfer that	57070
sum from the property tax administration fund to the general	57071
revenue fund.	57072

Sec. 5705.01. As used in this chapter:

57073

(A) "Subdivision" means any county; municipal corporation;	57074
township; township police district; township fire district; joint	57075
fire district; joint ambulance district; joint emergency medical	57076
services district; fire and ambulance district; joint recreation	57077
district; township waste disposal district; township road	57078
district; community college district; technical college district;	57079
detention facility district; a district organized under section	57080
2151.65 of the Revised Code; a combined district organized under	57081
sections 2152.41 and 2151.65 of the Revised Code; a joint-county	57082
alcohol, drug addiction, and mental health service district; a	57083
drainage improvement district created under section 6131.52 of the	57084
Revised Code; a union cemetery district; a county school financing	57085
district; or a city, local, exempted village, cooperative	57086
education, or joint vocational school district; or a student	57087
special services district created under section 3313.82 of the	57088
Revised Code.	57089

(B) "Municipal corporation" means all municipal corporations,	57090
including those that have adopted a charter under Article XVIII,	57091
Ohio Constitution.	57092

(C) "Taxing authority" or "bond issuing authority" means, in	57093
the case of any county, the board of county commissioners; in the	57094
case of a municipal corporation, the council or other legislative	57095
authority of the municipal corporation; in the case of a city,	57096
local, exempted village, cooperative education, or joint	57097
vocational school district, the board of education; in the case of	57098
a community college district, the board of trustees of the	57099
district; in the case of a technical college district, the board	57100
of trustees of the district; in the case of a detention facility	57101
district, a district organized under section 2151.65 of the	57102
Revised Code, or a combined district organized under sections	57103
2152.41 and 2151.65 of the Revised Code, the joint board of county	57104
commissioners of the district; in the case of a township, the	57105
board of township trustees; in the case of a joint fire district,	57106
the board of fire district trustees; in the case of a joint	57107
recreation district, the joint recreation district board of	57108
trustees; in the case of a joint-county alcohol, drug addiction,	57109
and mental health service district, the district's board of	57110
alcohol, drug addiction, and mental health services; in the case	57111
of a joint ambulance district or a fire and ambulance district,	57112
the board of trustees of the district; in the case of a union	57113
cemetery district, the legislative authority of the municipal	57114
corporation and the board of township trustees, acting jointly as	57115
described in section 759.341 of the Revised Code; in the case of a	57116
drainage improvement district, the board of county commissioners	57117
of the county in which the drainage district is located; in the	57118
case of a joint emergency medical services district, the joint	57119
board of county commissioners of all counties in which all or any	57120
part of the district lies; and in the case of a township police	57121
district, a township fire district, a township road district, or a	57122
township waste disposal district, the board of township trustees	57123
of the township in which the district is located. "Taxing	57124
authority" also means the educational service center governing	57125
board that serves as the taxing authority of a county school	57126
financing district as provided in section 3311.50 of the Revised	57127
Code, and the board of directors of a student special services	57128
district created under section 3313.82 of the Revised Code.	57129

(D) "Fiscal officer" in the case of a county, means the	57130
county auditor; in the case of a municipal corporation, the city	57131
auditor or village clerk, or an officer who, by virtue of the	57132
charter, has the duties and functions of the city auditor or	57133
village clerk, except that in the case of a municipal university	57134
the board of directors of which have assumed, in the manner	57135
provided by law, the custody and control of the funds of the	57136
university, the chief accounting officer of the university shall	57137
perform, with respect to the funds, the duties vested in the	57138
fiscal officer of the subdivision by sections 5705.41 and 5705.44	57139
of the Revised Code; in the case of a school district, the	57140
treasurer of the board of education; in the case of a county	57141
school financing district, the treasurer of the educational	57142
service center governing board that serves as the taxing	57143
authority; in the case of a township, the township fiscal officer;	57144
in the case of a joint fire district, the clerk of the board of	57145
fire district trustees; in the case of a joint ambulance district,	57146
the clerk of the board of trustees of the district; in the case of	57147
a joint emergency medical services district, the person appointed	57148
as fiscal officer pursuant to division (D) of section 307.053 of	57149
the Revised Code; in the case of a fire and ambulance district,	57150
the person appointed as fiscal officer pursuant to division (B) of	57151
section 505.375 of the Revised Code; in the case of a joint	57152
recreation district, the person designated pursuant to section	57153
755.15 of the Revised Code; in the case of a union cemetery	57154
district, the clerk of the municipal corporation designated in	57155
section 759.34 of the Revised Code; in the case of a children's	57156
home district, educational service center, general health	57157
district, joint-county alcohol, drug addiction, and mental health	57158
service district, county library district, detention facility	57159
district, district organized under section 2151.65 of the Revised	57160
Code, a combined district organized under sections 2152.41 and	57161
2151.65 of the Revised Code, or a metropolitan park district for	57162
which no treasurer has been appointed pursuant to section 1545.07	57163
of the Revised Code, the county auditor of the county designated	57164
by law to act as the auditor of the district; in the case of a	57165
metropolitan park district which has appointed a treasurer	57166
pursuant to section 1545.07 of the Revised Code, that treasurer;	57167
in the case of a drainage improvement district, the auditor of the	57168
county in which the drainage improvement district is located; in	57169
the case of a student special services district, the fiscal	57170
officer appointed pursuant to section 3313.82 of the Revised Code;	57171
and in all other cases, the officer responsible for keeping the	57172
appropriation accounts and drawing warrants for the expenditure of	57173
the moneys of the district or taxing unit.	57174

(E) "Permanent improvement" or "improvement" means any	57175
property, asset, or improvement with an estimated life or	57176
usefulness of five years or more, including land and interests	57177
therein, and reconstructions, enlargements, and extensions thereof	57178
having an estimated life or usefulness of five years or more.	57179

(F) "Current operating expenses" and "current expenses" mean	57180
the lawful expenditures of a subdivision, except those for	57181
permanent improvements, and except payments for interest, sinking	57182
fund, and retirement of bonds, notes, and certificates of	57183
indebtedness of the subdivision.	57184

(G) "Debt charges" means interest, sinking fund, and	57185
retirement charges on bonds, notes, or certificates of	57186
indebtedness.	57187

(H) "Taxing unit" means any subdivision or other governmental	57188
district having authority to levy taxes on the property in the	57189
district or issue bonds that constitute a charge against the	57190
property of the district, including conservancy districts,	57191
metropolitan park districts, sanitary districts, road districts,	57192
and other districts.	57193

(I) "District authority" means any board of directors,	57194
trustees, commissioners, or other officers controlling a district	57195
institution or activity that derives its income or funds from two	57196
or more subdivisions, such as the educational service center, the	57197
trustees of district children's homes, the district board of	57198
health, a joint-county alcohol, drug addiction, and mental health	57199
service district's board of alcohol, drug addiction, and mental	57200
health services, detention facility districts, a joint recreation	57201
district board of trustees, districts organized under section	57202
2151.65 of the Revised Code, combined districts organized under	57203
sections 2152.41 and 2151.65 of the Revised Code, and other such	57204
boards.	57205

(J) "Tax list" and "tax duplicate" mean the general tax lists	57206
and duplicates prescribed by sections 319.28 and 319.29 of the	57207
Revised Code.	57208

(K) "Property" as applied to a tax levy means taxable	57209
property listed on general tax lists and duplicates.	57210

(L) "School library district" means a school district in	57211
which a free public library has been established that is under the	57212
control and management of a board of library trustees as provided	57213
in section 3375.15 of the Revised Code.	57214

Sec. 5705.219. (A) If the board of directors of a student	57215
special services district created under section 3313.82 of the	57216
Revised Code desires to levy a tax in excess of the ten-mill	57217
limitation throughout the district for the purpose of funding the	57218
services to be provided by the district to students enrolled in	57219
the school districts of which the district is composed and their	57220
immediate family members, the board shall propose the levy to each	57221
of the boards of education of those school districts. The proposal	57222
shall specify the rate or amount of the tax, the number of years	57223
the tax will be levied or that it will be levied for a continuing	57224
period of time, and that the aggregate rate of the tax shall not	57225
exceed three mills per dollar of taxable value in the student	57226
special services district.	57227

(B)(1) If a majority of the boards of education of the school	57228
districts of which the student special services district is	57229
composed approves the proposal for the tax levy, the board of	57230
directors of the student special services district may adopt a	57231
resolution approved by a majority of the board's full membership	57232
declaring the necessity of levying the proposed tax in excess of	57233
the ten-mill limitation throughout the district for the purpose of	57234
funding the services to be provided by the district to students	57235
enrolled in the school districts of which the district is composed	57236
and their immediate family members. The resolution shall provide	57237
for the question of the tax to be submitted to the electors of the	57238
district at a general, primary, or special election on a day to be	57239
specified in the resolution that is consistent with the	57240
requirements of section 3501.01 of the Revised Code and that	57241
occurs at least seventy-five days after the resolution is	57242
certified to the board of elections. The resolution shall specify	57243
the rate or amount of the tax and the number of years the tax will	57244
be levied or that the tax will be levied for a continuing period	57245
of time. The aggregate rate of tax levied by a student special	57246
services district under this section at any time shall not exceed	57247
three mills per dollar of taxable value in the district. A tax	57248
levied under this section may be renewed, subject to section	57249
5705.25 of the Revised Code, or replaced as provided in section	57250
5705.192 of the Revised Code.	57251

(2) The resolution shall take effect immediately upon	57252
passage, and no publication of the resolution is necessary other	57253
than that provided in the notice of election. The resolution shall	57254
be certified and submitted in the manner provided under section	57255
5705.25 of the Revised Code, and that section governs the	57256
arrangements governing submission of the question and other	57257
matters concerning the election.	57258

Sec. 5705.25. (A) A copy of any resolution adopted as	57259
provided in section 5705.19 or 5705.219 of the Revised Code shall	57260
be certified by the taxing authority to the board of elections of	57261
the proper county not less than seventy-five days before the	57262
general election in any year, and the board shall submit the	57263
proposal to the electors of the subdivision at the succeeding	57264
November election. Except as otherwise provided in this division,	57265
a resolution to renew an existing levy, regardless of the section	57266
of the Revised Code under which the tax was imposed, shall not be	57267
placed on the ballot unless the question is submitted at the	57268
general election held during the last year the tax to be renewed	57269
or replaced may be extended on the real and public utility	57270
property tax list and duplicate, or at any election held in the	57271
ensuing year. The limitation of the foregoing sentence does not	57272
apply to a resolution to renew and increase or to renew part of an	57273
existing levy that was imposed under section 5705.191 of the	57274
Revised Code to supplement the general fund for the purpose of	57275
making appropriations for one or more of the following purposes:	57276
for public assistance, human or social services, relief, welfare,	57277
hospitalization, health, and support of general hospitals. The	57278
limitation of the second preceding sentence also does not apply to	57279
a resolution that proposes to renew two or more existing levies	57280
imposed under section 5705.21 of the Revised Code, in which case	57281
the question shall be submitted on the date of the general or	57282
primary election held during the last year at least one of the	57283
levies to be renewed may be extended on the real and public	57284
utility property tax list and duplicate, or at any election held	57285
during the ensuing year. For purposes of this section, a levy	57286
shall be considered to be an "existing levy" through the year	57287
following the last year it can be placed on that tax list and	57288
duplicate.	57289

The board shall make the necessary arrangements for the	57290
submission of such questions to the electors of such subdivision,	57291
and the election shall be conducted, canvassed, and certified in	57292
the same manner as regular elections in such subdivision for the	57293
election of county officers. Notice of the election shall be	57294
published in a newspaper of general circulation in the subdivision	57295
once a week for two consecutive weeks prior to the election, and,	57296
if the board of elections operates and maintains a web site, the	57297
board of elections shall post notice of the election on its web	57298
site for thirty days prior to the election. The notice shall state	57299
the purpose, the proposed increase in rate expressed in dollars	57300
and cents for each one hundred dollars of valuation as well as in	57301
mills for each one dollar of valuation, the number of years during	57302
which the increase will be in effect, the first month and year in	57303
which the tax will be levied, and the time and place of the	57304
election.	57305

(B) The form of the ballots cast at an election held pursuant	57306
to division (A) of this section shall be as follows:	57307

"An additional tax for the benefit of (name of subdivision or	57308
public library) .......... for the purpose of (purpose stated in	57309
the resolution) .......... at a rate not exceeding ...... mills	57310
for each one dollar of valuation, which amounts to (rate expressed	57311
in dollars and cents) ............ for each one hundred dollars of	57312
valuation, for ...... (life of indebtedness or number of years the	57313
levy is to run).	57314

57315

		For the Tax Levy			57316
		Against the Tax Levy	"		57317

57318

(C) If the levy is to be in effect for a continuing period of	57319
time, the notice of election and the form of ballot shall so state	57320
instead of setting forth a specified number of years for the levy.	57321

If the tax is to be placed on the current tax list, the form	57322
of the ballot shall be modified by adding, after the statement of	57323
the number of years the levy is to run, the phrase ", commencing	57324
in .......... (first year the tax is to be levied), first due in	57325
calendar year .......... (first calendar year in which the tax	57326
shall be due)."	57327

If the levy submitted is a proposal to renew, increase, or	57328
decrease an existing levy, the form of the ballot specified in	57329
division (B) of this section may be changed by substituting for	57330
the words "An additional" at the beginning of the form, the words	57331
"A renewal of a" in case of a proposal to renew an existing levy	57332
in the same amount; the words "A renewal of ........ mills and an	57333
increase of ...... mills to constitute a" in the case of an	57334
increase; or the words "A renewal of part of an existing levy,	57335
being a reduction of ...... mills, to constitute a" in the case of	57336
a decrease in the proposed levy.	57337

If the levy submitted is a proposal to renew two or more	57338
existing levies imposed under section 5705.21 of the Revised Code,	57339
the form of the ballot specified in division (B) of this section	57340
shall be modified by substituting for the words "an additional	57341
tax" the words "a renewal of ....(insert the number of levies to	57342
be renewed) existing taxes."	57343

The question covered by such resolution shall be submitted as	57344
a separate proposition but may be printed on the same ballot with	57345
any other proposition submitted at the same election, other than	57346
the election of officers. More than one such question may be	57347
submitted at the same election.	57348

(D) A levy voted in excess of the ten-mill limitation under	57349
this section shall be certified to the tax commissioner. In the	57350
first year of the levy, it shall be extended on the tax lists	57351
after the February settlement succeeding the election. If the	57352
additional tax is to be placed upon the tax list of the current	57353
year, as specified in the resolution providing for its submission,	57354
the result of the election shall be certified immediately after	57355
the canvass by the board of elections to the taxing authority, who	57356
shall make the necessary levy and certify it to the county	57357
auditor, who shall extend it on the tax lists for collection.	57358
After the first year, the tax levy shall be included in the annual	57359
tax budget that is certified to the county budget commission.	57360

Sec. 5705.29. This section does not apply to a subdivision or	57361
taxing unit for which the county budget commission has waived the	57362
requirement to adopt a tax budget pursuant to section 5705.281 of	57363
the Revised Code. The tax budget shall present the following	57364
information in such detail as is prescribed by the auditor of	57365
state:	57366

(A)(1) A statement of the necessary current operating	57367
expenses for the ensuing fiscal year for each department and	57368
division of the subdivision, classified as to personal services	57369
and other expenses, and the fund from which such expenditures are	57370
to be made. Except in the case of a school district, this estimate	57371
may include a contingent expense not designated for any particular	57372
purpose, and not to exceed three per cent of the total amount of	57373
appropriations for current expenses. In the case of a school	57374
district, this estimate may include a contingent expense not	57375
designated for any particular purpose and not to exceed thirteen	57376
per cent of the total amount of appropriations for current	57377
expenses.	57378

(2) A statement of the expenditures for the ensuing fiscal	57379
year necessary for permanent improvements, exclusive of any	57380
expense to be paid from bond issues, classified as to the	57381
improvements contemplated by the subdivision and the fund from	57382
which such expenditures are to be made;	57383

(3) The amounts required for the payment of final judgments;

57384

(4) A statement of expenditures for the ensuing fiscal year	57385
necessary for any purpose for which a special levy is authorized,	57386
and the fund from which such expenditures are to be made;	57387

(5) Comparative statements, so far as possible, in parallel	57388
columns of corresponding items of expenditures for the current	57389
fiscal year and the two preceding fiscal years.	57390

(B)(1) An estimate of receipts from other sources than the	57391
general property tax during the ensuing fiscal year, which shall	57392
include an estimate of unencumbered balances at the end of the	57393
current fiscal year, and the funds to which such estimated	57394
receipts are credited;	57395

(2) The amount each fund requires from the general property	57396
tax, which shall be the difference between the contemplated	57397
expenditure from the fund and the estimated receipts, as provided	57398
in this section. The section of the Revised Code under which the	57399
tax is authorized shall be set forth.	57400

(3) Comparative statements, so far as possible, in parallel	57401
columns of taxes and other revenues for the current fiscal year	57402
and the two preceding fiscal years.	57403

(C)(1) The amount required for debt charges;

57404

(2) The estimated receipts from sources other than the tax	57405
levy for payment of such debt charges, including the proceeds of	57406
refunding bonds to be issued to refund bonds maturing in the next	57407
succeeding fiscal year;	57408

(3) The net amount for which a tax levy shall be made,	57409
classified as to bonds authorized and issued prior to January 1,	57410
1922, and those authorized and issued subsequent to such date, and	57411
as to what portion of the levy will be within and what in excess	57412
of the ten-mill limitation.	57413

(D) An estimate of amounts from taxes authorized to be levied	57414
in excess of the ten-mill limitation on the tax rate, and the fund	57415
to which such amounts will be credited, together with the sections	57416
of the Revised Code under which each such tax is exempted from all	57417
limitations on the tax rate.	57418

(E)(1) A board of education may include in its budget for the	57419
fiscal year in which a levy proposed under section 5705.194,	57420
5705.21, or 5705.213, or the original levy under section 5705.212	57421
of the Revised Code is first extended on the tax list and	57422
duplicate an estimate of expenditures to be known as a voluntary	57423
contingency reserve balance, which shall not be greater than	57424
twenty-five per cent of the total amount of the levy estimated to	57425
be available for appropriation in such year.	57426

(2) A board of education may include in its budget for the	57427
fiscal year following the year in which a levy proposed under	57428
section 5705.194, 5705.21, or 5705.213, or the original levy under	57429
section 5705.212 of the Revised Code is first extended on the tax	57430
list and duplicate an estimate of expenditures to be known as a	57431
voluntary contingency reserve balance, which shall not be greater	57432
than twenty per cent of the amount of the levy estimated to be	57433
available for appropriation in such year.	57434

(3) Except as provided in division (E)(4) of this section,	57435
the full amount of any reserve balance the board includes in its	57436
budget shall be retained by the county auditor and county	57437
treasurer out of the first semiannual settlement of taxes until	57438
the beginning of the next succeeding fiscal year, and thereupon,	57439
with the depository interest apportioned thereto, it shall be	57440
turned over to the board of education, to be used for the purposes	57441
of such fiscal year.	57442

(4) A board of education, by a two-thirds vote of all members	57443
of the board, may appropriate any amount withheld as a voluntary	57444
contingency reserve balance during the fiscal year for any lawful	57445
purpose, provided that prior to such appropriation the board of	57446
education has authorized the expenditure of all amounts	57447
appropriated for contingencies under section 5705.40 of the	57448
Revised Code. Upon request by the board of education, the county	57449
auditor shall draw a warrant on the district's account in the	57450
county treasury payable to the district in the amount requested.	57451

(F)(1) A board of education may include a spending reserve in	57452
its budget for fiscal years ending on or before June 30, 2002. The	57453
spending reserve shall consist of an estimate of expenditures not	57454
to exceed the district's spending reserve balance. A district's	57455
spending reserve balance is the amount by which the designated	57456
percentage of the district's estimated personal property taxes to	57457
be settled during the calendar year in which the fiscal year ends	57458
exceeds the estimated amount of personal property taxes to be so	57459
settled and received by the district during that fiscal year.	57460
Moneys from a spending reserve shall be appropriated in accordance	57461
with section 133.301 of the Revised Code.	57462

(2) For the purposes of computing a school district's	57463
spending reserve balance for a fiscal year, the designated	57464
percentage shall be as follows:	57465

Fiscal year ending in:	Designated percentage	57466
1998	50%	57467
1999	40%	57468
2000	30%	57469
2001	20%	57470
2002	10%	57471

(G) Except as otherwise provided in this division, the county	57472
budget commission shall not reduce the taxing authority of a	57473
subdivision as a result of the creation of a reserve balance	57474
account. Except as otherwise provided in this division, the county	57475
budget commission shall not consider the amount in a reserve	57476
balance account of a township, county, or municipal corporation as	57477
an unencumbered balance or as revenue for the purposes of division	57478
(E)(3) or (4) of section 5747.51 ~~or division (E)(3) or (4) of~~	57479
~~section 5747.62~~ of the Revised Code. The county budget commission	57480
may require documentation of the reasonableness of the reserve	57481
balance held in any reserve balance account. The commission shall	57482
consider any amount in a reserve balance account that it	57483
determines to be unreasonable as unencumbered and as revenue for	57484
the purposes of sections 5747.51 ~~and 5747.62~~ of the Revised Code	57485
and may take such amounts into consideration when determining	57486
whether to reduce the taxing authority of a subdivision.	57487

Sec. 5705.44. When contracts or leases run beyond the	57488
termination of the fiscal year in which they are made, the fiscal	57489
officer of the taxing authority shall make a certification for the	57490
amount required to meet the obligation of such contract or lease	57491
maturing in such fiscal year. The amount of the obligation under	57492
such contract or lease remaining unfulfilled at the end of a	57493
fiscal year, and which will become payable during the next fiscal	57494
year, shall be included in the annual appropriation measure for	57495
the next year as a fixed charge.	57496

The certificate required by section 5705.41 of the Revised	57497
Code as to money in the treasury shall not be required for	57498
contracts on which payments are to be made from the earnings of a	57499
publicly operated water works or public utility, but in the case	57500
of any such contract made without such certification, no payment	57501
shall be made on account thereof, and no claim or demand thereon	57502
shall be recoverable, except out of such earnings. That	57503
certificate also shall not be required if requiring the	57504
certificate makes it impossible for a county board of mental	57505
retardation and developmental disabilities to pay the nonfederal	57506
share of medicaid expenditures that the county board is required	57507
by ~~division (A) of section 5126.057~~sections 5126.059 and	57508
5126.0510 of the Revised Code to pay.	57509

Sec. 5709.68. (A) On or before the thirty-first day of March	57510
each year, a municipal corporation or county that has entered into	57511
an agreement with an enterprise under section 5709.62, 5709.63, or	57512
5709.632 of the Revised Code shall submit to the director of	57513
development and the board of education of each school district of	57514
which a municipal corporation or township to which such an	57515
agreement applies is a part a report on all of those agreements in	57516
effect during the preceding calendar year. The report shall	57517
include all of the following information:	57518

(1) The designation, assigned by the director of development,	57519
of each urban jobs and enterprise zone within the municipal	57520
corporation or county, the date each zone was certified, the name	57521
of each municipal corporation or township within each zone, and	57522
the total population of each zone according to the most recent	57523
data available;	57524

(2) The number of enterprises that are subject to those	57525
agreements and the number of full-time employees subject to those	57526
agreements within each zone, each according to the most recent	57527
data available and identified and categorized by the appropriate	57528
standard industrial code, and the rate of unemployment in the	57529
municipal corporation or county in which the zone is located for	57530
each year since each zone was certified;	57531

(3) The number of agreements approved and executed during the	57532
calendar year for which the report is submitted, the total number	57533
of agreements in effect on the thirty-first day of December of the	57534
preceding calendar year, the number of agreements that expired	57535
during the calendar year for which the report is submitted, and	57536
the number of agreements scheduled to expire during the calendar	57537
year in which the report is submitted. For each agreement that	57538
expired during the calendar year for which the report is	57539
submitted, the municipal corporation or county shall include the	57540
amount of taxes exempted and the estimated dollar value of any	57541
other incentives provided under the agreement.	57542

(4) The number of agreements receiving compliance reviews by	57543
the tax incentive review council in the municipal corporation or	57544
county during the calendar year for which the report is submitted,	57545
including all of the following information:	57546

(a) The number of agreements the terms of which an enterprise	57547
has complied with, indicating separately for each agreement the	57548
value of the real and personal property exempted pursuant to the	57549
agreement and a comparison of the stipulated and actual schedules	57550
for hiring new employees, for retaining existing employees, for	57551
the amount of payroll of the enterprise attributable to these	57552
employees, and for investing in establishing, expanding,	57553
renovating, or occupying a facility;	57554

(b) The number of agreements the terms of which an enterprise	57555
has failed to comply with, indicating separately for each	57556
agreement the value of the real and personal property exempted	57557
pursuant to the agreement and a comparison of the stipulated and	57558
actual schedules for hiring new employees, for retaining existing	57559
employees, for the amount of payroll of the enterprise	57560
attributable to these employees, and for investing in	57561
establishing, expanding, renovating, or occupying a facility;	57562

(c) The number of agreements about which the tax incentive	57563
review council made recommendations to the legislative authority	57564
of the municipal corporation or county, and the number of those	57565
recommendations that have not been followed;	57566

(d) The number of agreements rescinded during the calendar	57567
year for which the report is submitted.	57568

(5) The number of enterprises that are subject to agreements	57569
that expanded within each zone, including the number of new	57570
employees hired and existing employees retained by each	57571
enterprise, and the number of new enterprises that are subject to	57572
agreements and that established within each zone, including the	57573
number of new employees hired by each enterprise;	57574

(6)(a) The number of enterprises that are subject to	57575
agreements and that closed or reduced employment at any place of	57576
business within the state for the primary purpose of establishing,	57577
expanding, renovating, or occupying a facility, indicating	57578
separately for each enterprise the political subdivision in which	57579
the enterprise closed or reduced employment at a place of business	57580
and the number of full-time employees transferred and retained by	57581
each such place of business;	57582

(b) The number of enterprises that are subject to agreements	57583
and that closed or reduced employment at any place of business	57584
outside the state for the primary purpose of establishing,	57585
expanding, renovating, or occupying a facility.	57586

(7) For each agreement in effect during any part of the	57587
preceding year, the number of employees employed by the enterprise	57588
at the project site immediately prior to formal approval of the	57589
agreement, the number of employees employed by the enterprise at	57590
the project site on the thirty-first day of December of the	57591
preceding year, the payroll of the enterprise for the preceding	57592
year, the amount of taxes paid on tangible personal property	57593
situated at the project site and the amount of those taxes that	57594
were not paid because of the exemption granted under the	57595
agreement, and the amount of taxes paid on real property	57596
constituting the project site and the amount of those taxes that	57597
were not paid because of the exemption granted under the	57598
agreement. If an agreement was entered into under section 5709.632	57599
of the Revised Code with an enterprise described in division	57600
(B)(2) of that section, the report shall include the number of	57601
employee positions at all of the enterprise's locations in this	57602
state. If an agreement is conditioned on a waiver issued under	57603
division (B) of section 5709.633 of the Revised Code on the basis	57604
of the circumstance described in division (B)(3)(a) or (b) of that	57605
section, the report shall include the number of employees at the	57606
facilities referred to in division (B)(3)(a)(i) or (b)(i) of that	57607
section, respectively.	57608

(B) Upon the failure of a municipal corporation or county to	57609
comply with division (A) of this section:	57610

(1) Beginning on the first day of April of the calendar year	57611
in which the municipal corporation or county fails to comply with	57612
that division, the municipal corporation or county shall not enter	57613
into any agreements with an enterprise under section 5709.62,	57614
5709.63, or 5709.632 of the Revised Code until the municipal	57615
corporation or county has complied with division (A) of this	57616
section.	57617

(2) On the first day of each ensuing calendar month until the	57618
municipal corporation or county complies with division (A) of this	57619
section, the director of development shall either order the proper	57620
county auditor to deduct from the next succeeding payment of taxes	57621
to the municipal corporation or county under section 321.31,	57622
321.32, 321.33, or 321.34 of the Revised Code an amount equal to	57623
one thousand dollars for each calendar month the municipal	57624
corporation or county fails to comply with that division, or order	57625
the county auditor to deduct that amount from the next succeeding	57626
payment to the municipal corporation or county from the undivided	57627
local government fund under section 5747.51 of the Revised Code.	57628
At the time such a payment is made, the county auditor shall	57629
comply with the director's order by issuing a warrant, drawn on	57630
the fund from which the money would have been paid, to the	57631
director of development, who shall deposit the warrant into the	57632
state enterprise zone program administration fund created in	57633
division (C) of this section.	57634

(C) The director, by rule, shall establish the state's	57635
application fee for applications submitted to a municipal	57636
corporation or county to enter into an agreement under section	57637
5709.62, 5709.63, or 5709.632 of the Revised Code. In establishing	57638
the amount of the fee, the director shall consider the state's	57639
cost of administering the enterprise zone program, including the	57640
cost of reviewing the reports required under division (A) of this	57641
section. The director may change the amount of the fee at the	57642
times and in the increments the director considers necessary. Any	57643
municipal corporation or county that receives an application shall	57644
collect the application fee and remit the fee for deposit in the	57645
state treasury to the credit of the ~~state enterprise zone program~~	57646
~~administration fund, which is hereby created. Money credited to~~	57647
~~the fund shall be used by the department of development to pay the~~	57648
~~costs of administering the enterprise zone program, including the~~	57649
~~cost of reviewing the reports required under division (A) of this~~	57650
~~section~~tax incentive programs operating fund created in section	57651
122.174 of the Revised Code.	57652

(D) On or before the thirtieth day of June each year, the	57653
director of development shall certify to the tax commissioner the	57654
information described under division (A)(7) of this section,	57655
derived from the reports submitted to the director under this	57656
section.	57657

On the basis of the information certified under this	57658
division, the tax commissioner annually shall submit a report to	57659
the governor, the speaker of the house of representatives, the	57660
president of the senate, and the chairpersons of the ways and	57661
means committees of the respective houses of the general assembly,	57662
indicating for each enterprise zone the amount of state and local	57663
taxes that were not required to be paid because of exemptions	57664
granted under agreements entered into under section 5709.62,	57665
5709.63, or 5709.632 of the Revised Code and the amount of	57666
additional taxes paid from the payroll of new employees.	57667

Sec. 5711.01. As used in this chapter:

57668

(A)(1) "Taxable property" includes all the kinds of property	57669
mentioned in division (B) of section 5709.01 and section 5709.02	57670
of the Revised Code, and also the amount or value as of the date	57671
of conversion of all taxable property converted into bonds or	57672
other securities not taxed on or after the first day of November	57673
in the year preceding the date of listing, and of all other	57674
taxable property converted into deposits after the date as of	57675
which deposits are required to be listed in such year, except in	57676
the usual course of the taxpayer's business, to the extent the	57677
taxpayer may hold or control such bonds, securities, or deposits	57678
on such day, without deduction for indebtedness created in the	57679
purchase of such bonds or securities from the taxpayer's credits.	57680
"Taxable property" does not include such investments and deposits	57681
as are taxable at the source as provided in sections 5725.01 to	57682
5725.26 of the Revised Code, surrender values under policies of	57683
insurance, or any tangible personal property acquired from a	57684
public utility or interexchange telecommunications company as	57685
defined in section 5727.01 of the Revised Code and leased back to	57686
the public utility or interexchange telecommunications company	57687
pursuant to a sale and leaseback transaction as defined in	57688
division (I) of section 5727.01 of the Revised Code. For tax year	57689
2007 and thereafter, "taxable property" of a telephone, telegraph,	57690
or interexchange telecommunications company, as defined in section	57691
5727.01 of the Revised Code, includes property subject to such a	57692
sale and leaseback transaction.	57693

(2) For tax year 2007 and thereafter, taxable property leased	57694
to a telephone, telegraph, or interexchange telecommunications	57695
company, as defined in section 5727.01 of the Revised Code, other	57696
than pursuant to a sale and leaseback transaction, shall be listed	57697
and assessed by the owner of the property as follows:	57698

(a) If the property leased to such a company is not governed	57699
by division (C) of section 5711.22 of the Revised Code in tax	57700
years 2007 and 2008, it shall be listed and assessed at the	57701
percentage of true value in money required under division ~~(H)~~(G)	57702
of section 5711.22 of the Revised Code.	57703

(b) All property leased to such a company in tax years 2009	57704
and 2010 shall be listed and assessed at the percentage of true	57705
value in money required under division (H) of section 5711.22 of	57706
the Revised Code.	57707

(3) For tax years 2009 and 2010, the lessor of property	57708
subject to division (A)(2) of this section shall have the true	57709
value of the property the lessor leases to a telephone, telegraph,	57710
or interexchange telecommunications company determined under	57711
divisions (A)(5) and (E) of section 5727.06 of the Revised Code.	57712

(B) "Taxpayer" means any owner of taxable property, including	57713
property exempt under division (C) of section 5709.01 of the	57714
Revised Code, and includes every person residing in, or	57715
incorporated or organized by or under the laws of this state, or	57716
doing business in this state, or owning or having a beneficial	57717
interest in taxable personal property in this state and every	57718
fiduciary required by sections 5711.01 to 5711.36 of the Revised	57719
Code, to make a return for or on behalf of another. For tax year	57720
2007 and thereafter, "taxpayer" includes telephone companies,	57721
telegraph companies, and interexchange telecommunications company	57722
as defined in section 5727.01 of the Revised Code. The tax	57723
commissioner may by rule define and designate the taxpayer, as to	57724
any taxable property which would not otherwise be required by this	57725
section to be returned; and any such rule shall be considered	57726
supplementary to the enumeration of kinds of taxpayers following:	57727

(1) Individuals of full age and sound mind residing in this	57728
state;	57729

(2) Partnerships, corporations, associations, and joint-stock	57730
companies, under whatever laws organized or existing, doing	57731
business or having taxable property in this state; and	57732
corporations incorporated by or organized under the laws of this	57733
state, wherever their actual business is conducted;	57734

(3) Fiduciaries appointed by any court in this state or	57735
having title, possession, or custody of taxable personal property	57736
in this state or engaged in business in this state;	57737

(4) Unincorporated mutual funds.

57738

"Taxpayer" excludes all individuals, partnerships,	57739
corporations, associations, and joint-stock companies, their	57740
executors, administrators, and receivers who are defined in Title	57741
LVII of the Revised Code as financial institutions, dealers in	57742
intangibles, domestic insurance companies, or public utilities,	57743
except to the extent they may be required by sections 5711.01 to	57744
5711.36 of the Revised Code, to make returns as fiduciaries, or by	57745
section 5725.26 of the Revised Code, to make returns of property	57746
leased, or held for the purpose of leasing, to others if the owner	57747
or lessor of the property acquired it for the sole purpose of	57748
leasing it to others or to the extent that property is taxable	57749
under section 5725.25 of the Revised Code.	57750

(C) "Return" means the taxpayer's annual report of taxable	57751
property.	57752

(D) "List" means the designation, in a return, of the	57753
description of taxable property, the valuation or amount thereof,	57754
the name of the owner, and the taxing district where assessable.	57755

(E) "Taxing district" means, in the case of property	57756
assessable on the classified tax list and duplicate, a municipal	57757
corporation or the territory in a county outside the limits of all	57758
municipal corporations therein; in the case of property assessable	57759
on the general tax list and duplicate, a municipal corporation or	57760
township, or part thereof, in which the aggregate rate of taxation	57761
is uniform.	57762

(F) "Assessor" includes the tax commissioner and the county	57763
auditor as deputy of the commissioner.	57764

(G) "Fiduciary" includes executors, administrators, parents,	57765
guardians, receivers, assignees, official custodians, factors,	57766
bailees, lessees, agents, attorneys, and employees, but does not	57767
include trustees unless the sense so requires.	57768

(H) "General tax list and duplicate" means the books or	57769
records containing the assessments of property subject to local	57770
tax levies.	57771

(I) "Classified tax list and duplicate" means the books or	57772
records containing the assessments of property not subject to	57773
local tax levies.	57774

(J) "Investment company" means any corporation, the shares of	57775
which are regularly offered for sale to the public, engaged solely	57776
in the business of investing and reinvesting funds in real	57777
property or investments, or holding or selling real property or	57778
investments for the purpose of realizing income or profit which is	57779
distributed to its shareholders. Investment company does not	57780
include any dealer in intangibles, as defined in section 5725.01	57781
of the Revised Code.	57782

(K) "Unincorporated mutual fund" means any partnership, each	57783
partner of which is a corporation, engaged solely in the business	57784
of investing and reinvesting funds in investments, or holding or	57785
selling investments for the purpose of realizing income or profit	57786
which is distributed to its partners and which is subject to	57787
Chapter 1707. of the Revised Code. An unincorporated mutual fund	57788
does not include any dealer in intangibles as defined in section	57789
5725.01 of the Revised Code.	57790

Sec. 5713.011. If the county auditor determines under	57791
section 5713.01 of the Revised Code that the construction of a	57792
dwelling on a previously vacant parcel of land is now available	57793
for use or that an additional dwelling is constructed on a parcel	57794
of land and is now available for use, the county auditor, by	57795
ordinary mail, shall send to the owner of the dwelling a notice	57796
that the applicant may apply for a reduction in taxes under	57797
division (A)(2) of section 323.153 of the Revised Code. The notice	57798
shall be substantially in the form of the notice prescribed under	57799
division ~~(C)(2)~~(A)(3)(b) of section 323.131 of the Revised Code.	57800

Sec. 5725.24. (A) As used in this section, "qualifying	57801
dealer" means a dealer in intangibles that is a qualifying dealer	57802
in intangibles as defined in section 5733.45 of the Revised Code	57803
or a member of a qualifying controlled group, as defined in	57804
section 5733.04 of the Revised Code, of which an insurance company	57805
also is a member on the first day of January of the year in and	57806
for which the tax imposed by section 5707.03 of the Revised Code	57807
is required to be paid by the dealer.	57808

(B) The taxes levied by section 5725.18 of the Revised Code	57809
and collected pursuant to this chapter shall be paid into the	57810
state treasury to the credit of the general revenue fund.	57811

(C) The taxes levied by section 5707.03 of the Revised Code	57812
on the value of shares in and capital employed by dealers in	57813
intangibles other than those that are qualifying dealers shall be	57814
for the use of the general revenue fund of the state and the local	57815
government funds of the several counties in which the taxes	57816
originate as provided in this division.	57817

~~On or before the first day of~~During each month onfor which	57818
there is money in the state treasury for disbursement under this	57819
division, the tax commissioner shall provide for payment to the	57820
county treasurer of each county of five-eighths of the amount of	57821
the taxes collected on account of shares in and capital employed	57822
by dealers in intangibles other than those that are qualifying	57823
dealers, representing capital employed in the county. The balance	57824
of the money received and credited on account of taxes assessed on	57825
shares in and capital employed by such dealers in intangibles	57826
shall be credited to the general revenue fund.	57827

Reductions in the amount of taxes collected on account of	57828
credits allowed under section 5725.151 of the Revised Code shall	57829
be applied to reduce the amount credited to the general revenue	57830
fund and shall not be applied to reduce the amount to be credited	57831
to the undivided local government funds of the counties in which	57832
such taxes originate.	57833

For the purpose of this division, such taxes are deemed to	57834
originate in the counties in which such dealers in intangibles	57835
have their offices.	57836

Money received into the treasury of a county pursuant to this	57837
section shall be credited to the undivided local government fund	57838
of the county and shall be distributed by the budget commission as	57839
provided by law.	57840

(D) All of the taxes levied under section 5707.03 of the	57841
Revised Code on the value of the shares in and capital employed by	57842
dealers in intangibles that are qualifying dealers shall be paid	57843
into the state treasury to the credit of the general revenue fund.	57844

Sec. 5727.06. (A) Except as otherwise provided by law, the	57845
following constitutes the taxable property of a public utility,	57846
interexchange telecommunications company, or public utility	57847
property lessor that shall be assessed by the tax commissioner:	57848

(1) For tax years before tax year 2006:

57849

(a) In the case of a railroad company, all real property and	57850
tangible personal property owned or operated by the railroad	57851
company in this state on the thirty-first day of December of the	57852
preceding year;	57853

(b) In the case of a water transportation company, all	57854
tangible personal property, except watercraft, owned or operated	57855
by the water transportation company in this state on the	57856
thirty-first day of December of the preceding year and all	57857
watercraft owned or operated by the water transportation company	57858
in this state during the preceding calendar year;	57859

(c) In the case of all other public utilities and	57860
interexchange telecommunications companies, all tangible personal	57861
property that on the thirty-first day of December of the preceding	57862
year was both located in this state and:	57863

(i) Owned by the public utility or interexchange	57864
telecommunications company; or	57865

(ii) Leased by the public utility or interexchange	57866
telecommunications company under a sale and leaseback transaction.	57867

(2) For tax years 2006, 2007, and 2008:

57868

(a) In the case of a railroad company, all real property used	57869
in railroad operations and tangible personal property owned or	57870
operated by the railroad company in this state on the thirty-first	57871
day of December of the preceding year;	57872

(b) In the case of a water transportation company, all	57873
tangible personal property, except watercraft, owned or operated	57874
by the water transportation company in this state on the	57875
thirty-first day of December of the preceding year and all	57876
watercraft owned or operated by the water transportation company	57877
in this state during the preceding calendar year;	57878

(c) In the case of all other public utilities except	57879
telephone and telegraph companies, all tangible personal property	57880
that on the thirty-first day of December of the preceding year was	57881
both located in this state and either owned by the public utility	57882
or leased by the public utility under a sale and leaseback	57883
transaction.	57884

(3) For tax year 2009 and each tax year thereafter:

57885

(a) In the case of a railroad company, all real property used	57886
in railroad operations and tangible personal property owned or	57887
operated by the railroad company in this state on the thirty-first	57888
day of December of the preceding year;	57889

(b) In the case of a water transportation company, all	57890
tangible personal property, except watercraft, owned or operated	57891
by the water transportation company in this state on the	57892
thirty-first day of December of the preceding year and all	57893
watercraft owned or operated by the water transportation company	57894
in this state during the preceding calendar year;	57895

(c) In the case of all other public utilities except	57896
telephone and telegraph companies, all tangible personal property	57897
that on the thirty-first day of December of the preceding year was	57898
both located in this state and either owned by the public utility	57899
or leased by the public utility under a sale and leaseback	57900
transaction;	57901

(d) In the case of a public utility property lessor, all	57902
personal property that on the thirty-first day of December of the	57903
preceding year was both located in this state and leased, in other	57904
than a sale and leaseback transaction, to a public utility other	57905
than a railroad, telephone, telegraph, or water transportation	57906
company. The assessment rate used under section 5727.111 of the	57907
Revised Code shall be based on the assessment rate that would	57908
apply if the public utility owned the property.	57909

(4) For tax years 2005 and 2006, in the case of telephone,	57910
telegraph, or interexchange telecommunications companies, all	57911
tangible personal property that on the thirty-first day of	57912
December of the preceding year was both located in this state and	57913
either owned by the telephone, telegraph, or interexchange	57914
telecommunications company or leased by the telephone, telegraph,	57915
or interexchange telecommunications company under a sale and	57916
leaseback transaction.	57917

(5)(a) For tax year 2007 and thereafter, in the case of	57918
telephone, telegraph, or interexchange telecommunications	57919
companies, all tangible personal property shall be listed and	57920
assessed for taxation under Chapter 5711. of the Revised Code, but	57921
the tangible personal property shall be valued in accordance with	57922
this chapter using the composite annual allowances and other	57923
valuation procedures prescribed under section 5727.11 of the	57924
Revised Code by the tax commissioner for such property for tax	57925
year 2006, notwithstanding any section of Chapter 5711. of the	57926
Revised Code to the contrary.	57927

(b) A telephone, telegraph, or interexchange	57928
telecommunications company subject to division (A)(5)(a) of this	57929
section shall file a combined return with the tax commissioner in	57930
accordance with section 5711.13 of the Revised Code even if the	57931
company has tangible personal property in only one county. Such a	57932
company also is subject to the issuance of a preliminary	57933
assessment certificate by the tax commissioner under section	57934
5711.25 of the Revised Code. Such a company is not required to	57935
file a county supplemental return under section 5711.131 of the	57936
Revised Code.	57937

(B) This division applies to tax years before tax year 2007.

57938

In the case of an interexchange telecommunications company,	57939
all taxable property shall be subject to the provisions of this	57940
chapter and shall be valued by the commissioner in accordance with	57941
division (A) of section 5727.11 of the Revised Code. A person	57942
described by this division shall file the report required by	57943
section 5727.08 of the Revised Code. Persons described in this	57944
division shall not be considered taxpayers, as defined in division	57945
(B) of section 5711.01 of the Revised Code, and shall not be	57946
required to file a return and list their taxable property under	57947
any provision of Chapter 5711. of the Revised Code.	57948

(C) The lien of the state for taxes levied each year on the	57949
real and personal property of public utilities and interexchange	57950
telecommunications companies and on the personal property of	57951
public utility property lessors shall attach thereto on the	57952
thirty-first day of December of the preceding year.	57953

(D) Property that is required by division (A)(3)(b) of this	57954
section to be assessed by the tax commissioner under this chapter	57955
shall not be listed by the owner of the property under Chapter	57956
5711. of the Revised Code.	57957

(E) The ten-thousand-dollar exemption provided for in	57958
division (C)(3) of section 5709.01 of the Revised Code does not	57959
apply to any personal property that is valued under this chapter.	57960

(F) The tax commissioner may adopt rules governing the	57961
listing of the taxable property of public utilities and	57962
interexchange telecommunications companies and the determination	57963
of true value.	57964

Sec. 5727.45. ~~Four and two-tenths~~One hundred per cent of	57965
all excise taxes and penalties collected under sections 5727.01 to	57966
5727.62 of the Revised Code shall be credited to ~~the local~~	57967
~~government fund for distribution in accordance with section~~	57968
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	57969
~~credited to the local government revenue assistance fund for~~	57970
~~distribution in accordance with section 5747.61 of the Revised~~	57971
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	57972
the general revenue fund.	57973

Sec. 5727.81. (A) For the purpose of raising revenue for	57974
public education and state and local government operations, an	57975
excise tax is hereby levied and imposed on an electric	57976
distribution company for all electricity distributed by such	57977
company ~~beginning with the measurement period that includes May 1,~~	57978
~~2001,~~ at the following rates per kilowatt hour of electricity	57979
distributed in a thirty-day period by the company through a meter	57980
of an end user in this state:	57981

KILOWATT HOURS DISTRIBUTED	RATE PER	57982
TO AN END USER	KILOWATT HOUR	57983
For the first 2,000	$.00465	57984
For the next 2,001 to 15,000	$.00419	57985
For 15,001 and above	$.00363	57986

If no meter is used to measure the kilowatt hours of	57987
electricity distributed by the company, the rates shall apply to	57988
the estimated kilowatt hours of electricity distributed to an	57989
unmetered location in this state.	57990

The electric distribution company shall base the monthly tax	57991
on the kilowatt hours of electricity distributed to an end user	57992
through the meter of the end user that is not measured for a	57993
thirty-day period by dividing the days in the measurement period	57994
into the total kilowatt hours measured during the measurement	57995
period to obtain a daily average usage. The tax shall be	57996
determined by obtaining the sum of divisions (A)(1), (2), and (3)	57997
of this section and multiplying that amount by the number of days	57998
in the measurement period:	57999

(1) Multiplying $0.00465 per kilowatt hour for the first	58000
sixty-seven kilowatt hours distributed using a daily average;	58001

(2) Multiplying $0.00419 for the next sixty-eight to five	58002
hundred kilowatt hours distributed using a daily average;	58003

(3) Multiplying $0.00363 for the remaining kilowatt hours	58004
distributed using a daily average.	58005

~~Until January 1, 2003, except as provided in division (C) of~~	58006
~~this section, the electric distribution company shall pay the tax~~	58007
~~to the treasurer of state in accordance with section 5727.82 of~~	58008
~~the Revised Code. Beginning January 1, 2003, except~~Except as	58009
provided in division (C) of this section, the electric	58010
distribution company shall pay the tax to the tax commissioner in	58011
accordance with section 5727.82 of the Revised Code, unless	58012
required to remit each tax payment by electronic funds transfer to	58013
the treasurer of state in accordance with section 5727.83 of the	58014
Revised Code.	58015

Only the distribution of electricity through a meter of an	58016
end user in this state shall be used by the electric distribution	58017
company to compute the amount or estimated amount of tax due. In	58018
the event a meter is not actually read for a measurement period,	58019
the estimated kilowatt hours distributed by an electric	58020
distribution company to bill for its distribution charges shall be	58021
used.	58022

(B) Except as provided in division (C) of this section, each	58023
electric distribution company shall pay the tax imposed by this	58024
section in all of the following circumstances:	58025

(1) The electricity is distributed by the company through a	58026
meter of an end user in this state;	58027

(2) The company is distributing electricity through a meter	58028
located in another state, but the electricity is consumed in this	58029
state in the manner prescribed by the tax commissioner;	58030

(3) The company is distributing electricity in this state	58031
without the use of a meter, but the electricity is consumed in	58032
this state as estimated and in the manner prescribed by the tax	58033
commissioner.	58034

(C)(1) As used in division (C) of this section:

58035

(a) "Total price of electricity" means the aggregate value in	58036
money of anything paid or transferred, or promised to be paid or	58037
transferred, to obtain electricity or electric service, including	58038
but not limited to the value paid or promised to be paid for the	58039
transmission or distribution of electricity and for transition	58040
costs as described in Chapter 4928. of the Revised Code.	58041

(b) "Package" means the provision or the acquisition, at a	58042
combined price, of electricity with other services or products, or	58043
any combination thereof, such as natural gas or other fuels;	58044
energy management products, software, and services; machinery and	58045
equipment acquisition; and financing agreements.	58046

(c) "Single location" means a facility located on contiguous	58047
property separated only by a roadway, railway, or waterway.	58048

(2) Division (C) of this section applies to any commercial or	58049
industrial purchaser's receipt of electricity through a meter of	58050
an end user in this state or through more than one meter at a	58051
single location in this state in a quantity that exceeds	58052
forty-five million kilowatt hours of electricity over the course	58053
of the preceding calendar year, or any commercial or industrial	58054
purchaser that will consume more than forty-five million kilowatt	58055
hours of electricity over the course of the succeeding twelve	58056
months as estimated by the tax commissioner. The tax commissioner	58057
shall make such an estimate upon the written request by an	58058
applicant for registration as a self-assessing purchaser under	58059
this division. Such a purchaser may elect to self-assess the	58060
excise tax imposed by this section at the rate of $.00075 per	58061
kilowatt hour on the first five hundred four million kilowatt	58062
hours distributed to that meter or location during the	58063
registration year, and ~~four per cent~~a percentage of the total	58064
price of all electricity distributed to that meter or location	58065
equal to four per cent through the meter reading period that	58066
includes June 30, 2008, and three and one-half per cent beginning	58067
for the meter reading period including July 1, 2008, and	58068
thereafter. A qualified end user that receives electricity through	58069
a meter of an end user in this state or through more than one	58070
meter at a single location in this state and that consumes, over	58071
the course of the previous calendar year, more than forty-five	58072
million kilowatt hours in other than its qualifying manufacturing	58073
process, may elect to self-assess the tax as allowed by this	58074
division with respect to the electricity used in other than its	58075
qualifying manufacturing process. ~~Until January 1, 2003, payment~~	58076
~~of the tax shall be made directly to the treasurer of state in~~	58077
~~accordance with divisions (A)(4) and (5) of section 5727.82 of the~~	58078
~~Revised Code. Beginning January 1, 2003, payment~~	58079

Payment of the tax shall be made directly to the tax	58080
commissioner in accordance with divisions (A)(4) and (5) of	58081
section 5727.82 of the Revised Code, or the treasurer of state in	58082
accordance with section 5727.83 of the Revised Code. If the	58083
electric distribution company serving the self-assessing purchaser	58084
is a municipal electric utility and the purchaser is within the	58085
municipal corporation's corporate limits, payment shall be made to	58086
such municipal corporation's general fund and reports shall be	58087
filed in accordance with divisions (A)(4) and (5) of section	58088
5727.82 of the Revised Code, except that "municipal corporation"	58089
shall be substituted for "treasurer of state" and "tax	58090
commissioner." A self-assessing purchaser that pays the excise tax	58091
as provided in this division shall not be required to pay the tax	58092
to the electric distribution company from which its electricity is	58093
distributed. If a self-assessing purchaser's receipt of	58094
electricity is not subject to the tax as measured under this	58095
division, the tax on the receipt of such electricity shall be	58096
measured and paid as provided in division (A) of this section.	58097

(3) In the case of the acquisition of a package, unless the	58098
elements of the package are separately stated isolating the total	58099
price of electricity from the price of the remaining elements of	58100
the package, the tax imposed under this section applies to the	58101
entire price of the package. If the elements of the package are	58102
separately stated, the tax imposed under this section applies to	58103
the total price of the electricity.	58104

(4) Any electric supplier that sells electricity as part of a	58105
package shall separately state to the purchaser the total price of	58106
the electricity and, upon request by the tax commissioner, the	58107
total price of each of the other elements of the package.	58108

(5) The tax commissioner may adopt rules relating to the	58109
computation of the total price of electricity with respect to	58110
self-assessing purchasers, which may include rules to establish	58111
the total price of electricity purchased as part of a package.	58112

(6) An annual application for registration as a	58113
self-assessing purchaser shall be made for each qualifying meter	58114
or location on a form prescribed by the tax commissioner. The	58115
registration year begins on the first day of May and ends on the	58116
following thirtieth day of April. Persons may apply after the	58117
first day of May for the remainder of the registration year. In	58118
the case of an applicant applying on the basis of an estimated	58119
consumption of forty-five million kilowatt hours over the course	58120
of the succeeding twelve months, the applicant shall provide such	58121
information as the tax commissioner considers to be necessary to	58122
estimate such consumption. At the time of making the application	58123
and by the first day of May of each year, ~~excluding May 1, 2000,~~ a	58124
self-assessing purchaser shall pay a fee of five hundred dollars	58125
to the tax commissioner, or to the treasurer of state as provided	58126
in section 5727.83 of the Revised Code, for each qualifying meter	58127
or location. The tax commissioner shall immediately pay to the	58128
treasurer of state all amounts that the tax commissioner receives	58129
under this section. The treasurer of state shall deposit such	58130
amounts into the kilowatt hour excise tax administration fund,	58131
which is hereby created in the state treasury. Money in the fund	58132
shall be used to defray the tax commissioner's cost in	58133
administering the tax owed under section 5727.81 of the Revised	58134
Code by self-assessing purchasers. After the application is	58135
approved by the tax commissioner, the registration shall remain in	58136
effect for the current registration year, or until canceled by the	58137
registrant upon written notification to the commissioner of the	58138
election to pay the tax in accordance with division (A) of this	58139
section, or until canceled by the tax commissioner for not paying	58140
the tax or fee under division (C) of this section or for not	58141
meeting the qualifications in division (C)(2) of this section. The	58142
tax commissioner shall give written notice to the electric	58143
distribution company from which electricity is delivered to a	58144
self-assessing purchaser of the purchaser's self-assessing status,	58145
and the electric distribution company is relieved of the	58146
obligation to pay the tax imposed by division (A) of this section	58147
for electricity distributed to that self-assessing purchaser until	58148
it is notified by the tax commissioner that the self-assessing	58149
purchaser's registration is canceled. Within fifteen days of	58150
notification of the canceled registration, the electric	58151
distribution company shall be responsible for payment of the tax	58152
imposed by division (A) of this section on electricity distributed	58153
to a purchaser that is no longer registered as a self-assessing	58154
purchaser. A self-assessing purchaser with a canceled registration	58155
must file a report and remit the tax imposed by division (A) of	58156
this section on all electricity it receives for any measurement	58157
period prior to the tax being reported and paid by the electric	58158
distribution company. A self-assessing purchaser whose	58159
registration is canceled by the tax commissioner is not eligible	58160
to register as a self-assessing purchaser for two years after the	58161
registration is canceled.	58162

(7) If the tax commissioner cancels the self-assessing	58163
registration of a purchaser registered on the basis of its	58164
estimated consumption because the purchaser does not consume at	58165
least forty-five million kilowatt hours of electricity over the	58166
course of the twelve-month period for which the estimate was made,	58167
the tax commissioner shall assess and collect from the purchaser	58168
the difference between (a) the amount of tax that would have been	58169
payable under division (A) of this section on the electricity	58170
distributed to the purchaser during that period and (b) the amount	58171
of tax paid by the purchaser on such electricity pursuant to	58172
division (C)(2)(a) of this section. The assessment shall be paid	58173
within sixty days after the tax commissioner issues it, regardless	58174
of whether the purchaser files a petition for reassessment under	58175
section 5727.89 of the Revised Code covering that period. If the	58176
purchaser does not pay the assessment within the time prescribed,	58177
the amount assessed is subject to the additional charge and the	58178
interest prescribed by divisions (B) and (C) of section 5727.82 of	58179
the Revised Code, and is subject to assessment under section	58180
5727.89 of the Revised Code. If the purchaser is a qualified end	58181
user, division (C)(7) of this section applies only to electricity	58182
it consumes in other than its qualifying manufacturing process.	58183

(D) The tax imposed by this section does not apply to the	58184
distribution of any kilowatt hours of electricity to the federal	58185
government, to an end user located at a federal facility that uses	58186
electricity for the enrichment of uranium, to a qualified	58187
regeneration meter, or to an end user for any day the end user is	58188
a qualified end user. The exemption under this division for a	58189
qualified end user only applies to the manufacturing location	58190
where the qualified end user uses more than three million kilowatt	58191
hours per day in a qualifying manufacturing process.	58192

Sec. 5727.84. (A) As used in this section and sections	58193
5727.85, 5727.86, and 5727.87 of the Revised Code:	58194

(1) "School district" means a city, local, or exempted	58195
village school district.	58196

(2) "Joint vocational school district" means a joint	58197
vocational school district created under section 3311.16 of the	58198
Revised Code, and includes a cooperative education school district	58199
created under section 3311.52 or 3311.521 of the Revised Code and	58200
a county school financing district created under section 3311.50	58201
of the Revised Code.	58202

(3) "Local taxing unit" means a subdivision or taxing unit,	58203
as defined in section 5705.01 of the Revised Code, a park district	58204
created under Chapter 1545. of the Revised Code, or a township	58205
park district established under section 511.23 of the Revised	58206
Code, but excludes school districts and joint vocational school	58207
districts.	58208

(4) "State education aid," for a school district, means the	58209
sum of state aid amounts computed for the district under	58210
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	58211
3317.022; divisions (B), (C), and (D) of section 3317.023;	58212
divisions (G), (L), and (N) of section 3317.024; and sections	58213
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	58214
3317.053 of the Revised Code; and the adjustments required by:	58215
division (C) of section 3310.08; division (C)(2) of section	58216
3310.41; section 3310.55; division (C) of section 3314.08;	58217
division (D)(2) of section 3314.091; division (D) of section	58218
3314.13; divisions (E), (K), (L), (M), (N), and (O) of section	58219
3317.023; division (C) of section 3317.20; and sections 3313.979	58220
and 3313.981 of the Revised Code. However, when calculating state	58221
education aid for a school district for fiscal years ~~2006~~2008	58222
and ~~2007~~2009, include the amount computed for the district under	58223
Section ~~206.09.21~~269.20.80 of ~~Am. Sub.~~ H.B. 66119 of the ~~126th~~	58224
127th general assembly, as subsequently amended, instead of	58225
division (D) of section 3317.022 of the Revised Code; and include	58226
amounts calculated under Section ~~206.09.39~~269.30.80 of ~~that~~this	58227
act, as subsequently amended~~; and account for adjustments under~~	58228
~~division (C)(2) of section 3310.41 of the Revised Code~~.	58229

(5) "State education aid," for a joint vocational school	58230
district, means the sum of the state aid amounts computed for the	58231
district under division (N) of section 3317.024 and section	58232
3317.16 of the Revised Code. However, when calculating state	58233
education aid for a joint vocational school district for fiscal	58234
years ~~2006~~2008 and ~~2007~~2009, include the amount computed for the	58235
district under Section ~~206.09.42~~269.30.90 of ~~Am. Sub.~~ H.B. 66119	58236
of the ~~126th~~127th general assembly, as subsequently amended.	58237

(6) "State education aid offset" means the amount determined	58238
for each school district or joint vocational school district under	58239
division (A)(1) of section 5727.85 of the Revised Code.	58240

(7) "Recognized valuation" has the same meaning as in section	58241
3317.02 of the Revised Code.	58242

(8) "Electric company tax value loss" means the amount	58243
determined under division (D) of this section.	58244

(9) "Natural gas company tax value loss" means the amount	58245
determined under division (E) of this section.	58246

(10) "Tax value loss" means the sum of the electric company	58247
tax value loss and the natural gas company tax value loss.	58248

(11) "Fixed-rate levy" means any tax levied on property other	58249
than a fixed-sum levy.	58250

(12) "Fixed-rate levy loss" means the amount determined under	58251
division (G) of this section.	58252

(13) "Fixed-sum levy" means a tax levied on property at	58253
whatever rate is required to produce a specified amount of tax	58254
money or levied in excess of the ten-mill limitation to pay debt	58255
charges, and includes school district emergency levies imposed	58256
pursuant to section 5705.194 of the Revised Code.	58257

(14) "Fixed-sum levy loss" means the amount determined under	58258
division (H) of this section.	58259

(15) "Consumer price index" means the consumer price index	58260
(all items, all urban consumers) prepared by the bureau of labor	58261
statistics of the United States department of labor.	58262

(B) The kilowatt-hour tax receipts fund is hereby created in	58263
the state treasury and shall consist of money arising from the tax	58264
imposed by section 5727.81 of the Revised Code. All money in the	58265
kilowatt-hour tax receipts fund shall be credited as follows:	58266

(1) ~~Fifty-nine and nine hundred seventy-six one-thousandths~~	58267
Sixty-three per cent, shall be credited to the general revenue	58268
fund.	58269

(2) ~~Two and six hundred forty-six one-thousandths per cent~~	58270
~~shall be credited to the local government fund, for distribution~~	58271
~~in accordance with section 5747.50 of the Revised Code.~~	58272

~~(3) Three hundred seventy-eight one-thousandths per cent~~	58273
~~shall be credited to the local government revenue assistance fund,~~	58274
~~for distribution in accordance with section 5747.61 of the Revised~~	58275
~~Code.~~	58276

~~(4)~~ Twenty-five and four-tenths per cent shall be credited to	58277
the school district property tax replacement fund, which is hereby	58278
created in the state treasury for the purpose of making the	58279
payments described in section 5727.85 of the Revised Code.	58280

~~(5)~~(3) Eleven and six-tenths per cent shall be credited to	58281
the local government property tax replacement fund, which is	58282
hereby created in the state treasury for the purpose of making the	58283
payments described in section 5727.86 of the Revised Code.	58284

(C) The natural gas tax receipts fund is hereby created in	58285
the state treasury and shall consist of money arising from the tax	58286
imposed by section 5727.811 of the Revised Code. All money in the	58287
fund shall be credited as follows:	58288

(1) Sixty-eight and seven-tenths per cent shall be credited	58289
to the school district property tax replacement fund for the	58290
purpose of making the payments described in section 5727.85 of the	58291
Revised Code.	58292

(2) Thirty-one and three-tenths per cent shall be credited to	58293
the local government property tax replacement fund for the purpose	58294
of making the payments described in section 5727.86 of the Revised	58295
Code.	58296

(D) Not later than January 1, 2002, the tax commissioner	58297
shall determine for each taxing district its electric company tax	58298
value loss, which is the sum of the applicable amounts described	58299
in divisions (D)(1) to ~~(3)~~(4) of this section:	58300

(1) The difference obtained by subtracting the amount	58301
described in division (D)(1)(b) from the amount described in	58302
division (D)(1)(a) of this section.	58303

(a) The value of electric company and rural electric company	58304
tangible personal property as assessed by the tax commissioner for	58305
tax year 1998 on a preliminary assessment, or an amended	58306
preliminary assessment if issued prior to March 1, 1999, and as	58307
apportioned to the taxing district for tax year 1998;	58308

(b) The value of electric company and rural electric company	58309
tangible personal property as assessed by the tax commissioner for	58310
tax year 1998 had the property been apportioned to the taxing	58311
district for tax year 2001, and assessed at the rates in effect	58312
for tax year 2001.	58313

(2) The difference obtained by subtracting the amount	58314
described in division (D)(2)(b) from the amount described in	58315
division (D)(2)(a) of this section.	58316

(a) The three-year average for tax years 1996, 1997, and 1998	58317
of the assessed value from nuclear fuel materials and assemblies	58318
assessed against a person under Chapter 5711. of the Revised Code	58319
from the leasing of them to an electric company for those	58320
respective tax years, as reflected in the preliminary assessments;	58321

(b) The three-year average assessed value from nuclear fuel	58322
materials and assemblies assessed under division (D)(2)(a) of this	58323
section for tax years 1996, 1997, and 1998, as reflected in the	58324
preliminary assessments, using an assessment rate of twenty-five	58325
per cent.	58326

(3) In the case of a taxing district having a nuclear power	58327
plant within its territory, any amount, resulting in an electric	58328
company tax value loss, obtained by subtracting the amount	58329
described in division (D)(1) of this section from the difference	58330
obtained by subtracting the amount described in division (D)(3)(b)	58331
of this section from the amount described in division (D)(3)(a) of	58332
this section.	58333

(a) The value of electric company tangible personal property	58334
as assessed by the tax commissioner for tax year 2000 on a	58335
preliminary assessment, or an amended preliminary assessment if	58336
issued prior to March 1, 2001, and as apportioned to the taxing	58337
district for tax year 2000;	58338

(b) The value of electric company tangible personal property	58339
as assessed by the tax commissioner for tax year 2001 on a	58340
preliminary assessment, or an amended preliminary assessment if	58341
issued prior to March 1, 2002, and as apportioned to the taxing	58342
district for tax year 2001.	58343

(4) In the case of a taxing district having a nuclear power	58344
plant within its territory, the difference obtained by subtracting	58345
the amount described in division (D)(4)(b) of this section from	58346
the amount described in division (D)(4)(a) of this section,	58347
provided that such difference is greater than ten per cent of the	58348
amount described in division (D)(4)(a) of this section.	58349

(a) The value of electric company tangible personal property	58350
as assessed by the tax commissioner for tax year 2005 on a	58351
preliminary assessment, or an amended preliminary assessment if	58352
issued prior to March 1, 2006, and as apportioned to the taxing	58353
district for tax year 2005;	58354

(b) The value of electric company tangible personal property	58355
as assessed by the tax commissioner for tax year 2006 on a	58356
preliminary assessment, or an amended preliminary assessment if	58357
issued prior to March 1, 2007, and as apportioned to the taxing	58358
district for tax year 2006.	58359

(E) Not later than January 1, 2002, the tax commissioner	58360
shall determine for each taxing district its natural gas company	58361
tax value loss, which is the sum of the amounts described in	58362
divisions (E)(1) and (2) of this section:	58363

(1) The difference obtained by subtracting the amount	58364
described in division (E)(1)(b) from the amount described in	58365
division (E)(1)(a) of this section.	58366

(a) The value of all natural gas company tangible personal	58367
property, other than property described in division (E)(2) of this	58368
section, as assessed by the tax commissioner for tax year 1999 on	58369
a preliminary assessment, or an amended preliminary assessment if	58370
issued prior to March 1, 2000, and apportioned to the taxing	58371
district for tax year 1999;	58372

(b) The value of all natural gas company tangible personal	58373
property, other than property described in division (E)(2) of this	58374
section, as assessed by the tax commissioner for tax year 1999 had	58375
the property been apportioned to the taxing district for tax year	58376
2001, and assessed at the rates in effect for tax year 2001.	58377

(2) The difference in the value of current gas obtained by	58378
subtracting the amount described in division (E)(2)(b) from the	58379
amount described in division (E)(2)(a) of this section.	58380

(a) The three-year average assessed value of current gas as	58381
assessed by the tax commissioner for tax years 1997, 1998, and	58382
1999 on a preliminary assessment, or an amended preliminary	58383
assessment if issued prior to March 1, 2001, and as apportioned in	58384
the taxing district for those respective years;	58385

(b) The three-year average assessed value from current gas	58386
under division (E)(2)(a) of this section for tax years 1997, 1998,	58387
and 1999, as reflected in the preliminary assessment, using an	58388
assessment rate of twenty-five per cent.	58389

(F) The tax commissioner may request that natural gas	58390
companies, electric companies, and rural electric companies file a	58391
report to help determine the tax value loss under divisions (D)	58392
and (E) of this section. The report shall be filed within thirty	58393
days of the commissioner's request. A company that fails to file	58394
the report or does not timely file the report is subject to the	58395
penalty in section 5727.60 of the Revised Code.	58396

(G) Not later than January 1, 2002, the tax commissioner	58397
shall determine for each school district, joint vocational school	58398
district, and local taxing unit its fixed-rate levy loss, which is	58399
the sum of its electric company tax value loss multiplied by the	58400
tax rate in effect in tax year 1998 for fixed-rate levies and its	58401
natural gas company tax value loss multiplied by the tax rate in	58402
effect in tax year 1999 for fixed-rate levies.	58403

(H) Not later than January 1, 2002, the tax commissioner	58404
shall determine for each school district, joint vocational school	58405
district, and local taxing unit its fixed-sum levy loss, which is	58406
the amount obtained by subtracting the amount described in	58407
division (H)(2) of this section from the amount described in	58408
division (H)(1) of this section:	58409

(1) The sum of the electric company tax value loss multiplied	58410
by the tax rate in effect in tax year 1998, and the natural gas	58411
company tax value loss multiplied by the tax rate in effect in tax	58412
year 1999, for fixed-sum levies for all taxing districts within	58413
each school district, joint vocational school district, and local	58414
taxing unit. For the years 2002 through 2006, this computation	58415
shall include school district emergency levies that existed in	58416
1998 in the case of the electric company tax value loss, and 1999	58417
in the case of the natural gas company tax value loss, and all	58418
other fixed-sum levies that existed in 1998 in the case of the	58419
electric company tax value loss and 1999 in the case of the	58420
natural gas company tax value loss and continue to be charged in	58421
the tax year preceding the distribution year. For the years 2007	58422
through 2016 in the case of school district emergency levies, and	58423
for all years after 2006 in the case of all other fixed-sum	58424
levies, this computation shall exclude all fixed-sum levies that	58425
existed in 1998 in the case of the electric company tax value loss	58426
and 1999 in the case of the natural gas company tax value loss,	58427
but are no longer in effect in the tax year preceding the	58428
distribution year. For the purposes of this section, an emergency	58429
levy that existed in 1998 in the case of the electric company tax	58430
value loss, and 1999 in the case of the natural gas company tax	58431
value loss, continues to exist in a year beginning on or after	58432
January 1, 2007, but before January 1, 2017, if, in that year, the	58433
board of education levies a school district emergency levy for an	58434
annual sum at least equal to the annual sum levied by the board in	58435
tax year 1998 or 1999, respectively, less the amount of the	58436
payment certified under this division for 2002.	58437

(2) The total taxable value in tax year 1999 less the tax	58438
value loss in each school district, joint vocational school	58439
district, and local taxing unit multiplied by one-fourth of one	58440
mill.	58441

If the amount computed under division (H) of this section for	58442
any school district, joint vocational school district, or local	58443
taxing unit is greater than zero, that amount shall equal the	58444
fixed-sum levy loss reimbursed pursuant to division (E) of section	58445
5727.85 of the Revised Code or division (A)(2) of section 5727.86	58446
of the Revised Code, and the one-fourth of one mill that is	58447
subtracted under division (H)(2) of this section shall be	58448
apportioned among all contributing fixed-sum levies in the	58449
proportion of each levy to the sum of all fixed-sum levies within	58450
each school district, joint vocational school district, or local	58451
taxing unit.	58452

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	58453
section, in computing the tax value loss, fixed-rate levy loss,	58454
and fixed-sum levy loss, the tax commissioner shall use the	58455
greater of the 1998 tax rate or the 1999 tax rate in the case of	58456
levy losses associated with the electric company tax value loss,	58457
but the 1999 tax rate shall not include for this purpose any tax	58458
levy approved by the voters after June 30, 1999, and the tax	58459
commissioner shall use the greater of the 1999 or the 2000 tax	58460
rate in the case of levy losses associated with the natural gas	58461
company tax value loss.	58462

(J) Not later than January 1, 2002, the tax commissioner	58463
shall certify to the department of education the tax value loss	58464
determined under divisions (D) and (E) of this section for each	58465
taxing district, the fixed-rate levy loss calculated under	58466
division (G) of this section, and the fixed-sum levy loss	58467
calculated under division (H) of this section. The calculations	58468
under divisions (G) and (H) of this section shall separately	58469
display the levy loss for each levy eligible for reimbursement.	58470

(K) Not later than September 1, 2001, the tax commissioner	58471
shall certify the amount of the fixed-sum levy loss to the county	58472
auditor of each county in which a school district with a fixed-sum	58473
levy loss has territory.	58474

Sec. 5727.85. (A) By the thirty-first day of July of each	58475
year, beginning in 2002 and ending in 2016, the department of	58476
education shall determine the following for each school district	58477
and each joint vocational school district eligible for payment	58478
under division (C) or (D) of this section:	58479

(1) The state education aid offset, which is the difference	58480
obtained by subtracting the amount described in division (A)(1)(b)	58481
of this section from the amount described in division (A)(1)(a) of	58482
this section:	58483

(a) The state education aid computed for the school district	58484
or joint vocational school district for the current fiscal year as	58485
of the thirty-first day of July;	58486

(b) The state education aid that would be computed for the	58487
school district or joint vocational school district for the	58488
current fiscal year as of the thirty-first day of July if the	58489
recognized valuation included the tax value loss for the school	58490
district or joint vocational school district.	58491

(2) The greater of zero or the difference obtained by	58492
subtracting the state education aid offset determined under	58493
division (A)(1) of this section from the fixed-rate levy loss	58494
certified under division (J) of section 5727.84 of the Revised	58495
Code for all taxing districts in each school district and joint	58496
vocational school district.	58497

By the fifth day of August of each such year, the department	58498
of education shall certify the amount so determined under division	58499
(A)(1) of this section to the director of budget and management.	58500

(B) Not later than the thirty-first day of October of the	58501
years 2006 through 2016, the department of education shall	58502
determine all of the following for each school district:	58503

(1) The amount obtained by subtracting the district's state	58504
education aid computed for fiscal year 2002 from the district's	58505
state education aid computed for the current fiscal year;	58506

(2) The inflation-adjusted property tax loss. The	58507
inflation-adjusted property tax loss equals the fixed-rate levy	58508
loss, excluding the tax loss from levies within the ten-mill	58509
limitation to pay debt charges, determined under division (G) of	58510
section 5727.84 of the Revised Code for all taxing districts in	58511
each school district, plus the product obtained by multiplying	58512
that loss by the cumulative percentage increase in the consumer	58513
price index from January 1, 2002, to the thirtieth day of June of	58514
the current year.	58515

(3) The difference obtained by subtracting the amount	58516
computed under division (B)(1) from the amount of the	58517
inflation-adjusted property tax loss. If this difference is zero	58518
or a negative number, no further payments shall be made under	58519
division (C) of this section to the school district from the	58520
school district property tax replacement fund.	58521

(C) The department of education shall pay from the school	58522
district property tax replacement fund to each school district all	58523
of the following:	58524

(1) In February 2002, one-half of the fixed-rate levy loss	58525
certified under division (J) of section 5727.84 of the Revised	58526
Code between the twenty-first and twenty-eighth days of February.	58527

(2) From August 2002 through August 2017, one-half of the	58528
amount calculated for that fiscal year under division (A)(2) of	58529
this section between the twenty-first and twenty-eighth days of	58530
August and of February, provided the difference computed under	58531
division (B)(3) of this section is not less than or equal to zero.	58532

For taxes levied within the ten-mill limitation for debt	58533
purposes in tax year 1998 in the case of electric company tax	58534
value losses, and in tax year 1999 in the case of natural gas	58535
company tax value losses, payments shall be made equal to one	58536
hundred per cent of the loss computed as if the tax were a	58537
fixed-rate levy, but those payments shall extend from fiscal year	58538
2006 through fiscal year 2016.	58539

The department of education shall report to each school	58540
district the apportionment of the payments among the school	58541
district's funds based on the certifications under division (J) of	58542
section 5727.84 of the Revised Code.	58543

(D) Not later than January 1, 2002, for all taxing districts	58544
in each joint vocational school district, the tax commissioner	58545
shall certify to the department of education the fixed-rate levy	58546
loss determined under division (G) of section 5727.84 of the	58547
Revised Code. From February 2002 to August 2016, the department	58548
shall pay from the school district property tax replacement fund	58549
to the joint vocational school district one-half of the amount	58550
calculated for that fiscal year under division (A)(2) of this	58551
section between the twenty-first and twenty-eighth days of August	58552
and of February.	58553

(E)(1) Not later than January 1, 2002, for each fixed-sum	58554
levy levied by each school district or joint vocational school	58555
district and for each year for which a determination is made under	58556
division (H) of section 5727.84 of the Revised Code that a	58557
fixed-sum levy loss is to be reimbursed, the tax commissioner	58558
shall certify to the department of education the fixed-sum levy	58559
loss determined under that division. The certification shall cover	58560
a time period sufficient to include all fixed-sum levies for which	58561
the tax commissioner made such a determination. The department	58562
shall pay from the school district property tax replacement fund	58563
to the school district or joint vocational school district	58564
one-half of the fixed-sum levy loss so certified for each year	58565
between the twenty-first and twenty-eighth days of August and of	58566
February.	58567

(2) Beginning in 2003, by the thirty-first day of January of	58568
each year, the tax commissioner shall review the certification	58569
originally made under division (E)(1) of this section. If the	58570
commissioner determines that a debt levy that had been scheduled	58571
to be reimbursed in the current year has expired, a revised	58572
certification for that and all subsequent years shall be made to	58573
the department of education.	58574

(F) If the balance of the half-mill equalization fund created	58575
under section 3318.18 of the Revised Code is insufficient to make	58576
the full amount of payments required under division (D) of that	58577
section, the department of education, at the end of the third	58578
quarter of the fiscal year, shall certify to the director of	58579
budget and management the amount of the deficiency, and the	58580
director shall transfer an amount equal to the deficiency from the	58581
school district property tax replacement fund to the half-mill	58582
equalization fund.	58583

(G) Beginning in August 2002, and ending in May 2017, the	58584
director of budget and management shall transfer from the school	58585
district property tax replacement fund to the general revenue fund	58586
each of the following:	58587

(1) Between the twenty-eighth day of August and the fifth day	58588
of September, the lesser of one-half of the amount certified for	58589
that fiscal year under division (A)(2) of this section or the	58590
balance in the school district property tax replacement fund;	58591

(2) Between the first and fifth days of May, the lesser of	58592
one-half of the amount certified for that fiscal year under	58593
division (A)(2) of this section or the balance in the school	58594
district property tax replacement fund.	58595

(H) On the first day of June each year, the director of	58596
budget and management shall transfer any balance remaining in the	58597
school district property tax replacement fund after the payments	58598
have been made under divisions (C), (D), (E), (F), and (G) of this	58599
section to the half-mill equalization fund created under section	58600
3318.18 of the Revised Code to the extent required to make any	58601
payments in the current fiscal year under that section, and shall	58602
transfer the remaining balance to the general revenue fund.	58603

(I) From fiscal year 2002 through fiscal year 2016, if the	58604
total amount in the school district property tax replacement fund	58605
is insufficient to make all payments under divisions (C), (D),	58606
(E), and (F) of this section at the time the payments are to be	58607
made, the director of budget and management shall transfer from	58608
the general revenue fund to the school district property tax	58609
replacement fund the difference between the total amount to be	58610
paid and the total amount in the school district property tax	58611
replacement fund, except that no transfer shall be made by reason	58612
of a deficiency to the extent that it results from the amendment	58613
of section 5727.84 of the Revised Code by Amended Substitute House	58614
Bill No. 95 of the 125th general assembly.	58615

(J) If all of the territory of a school district or joint	58616
vocational school district is merged with an existing district, or	58617
if a part of the territory of a school district or joint	58618
vocational school district is transferred to an existing or new	58619
district, the department of education, in consultation with the	58620
tax commissioner, shall adjust the payments made under this	58621
section as follows:	58622

(1) For the merger of all of the territory of two or more	58623
districts, the fixed-rate levy loss and the fixed-sum levy loss of	58624
the successor district shall be equal to the sum of the fixed-rate	58625
levy losses and the fixed-sum levy losses for each of the	58626
districts involved in the merger.	58627

(2) For the transfer of a part of one district's territory to	58628
an existing district, the amount of the fixed-rate levy loss that	58629
is transferred to the recipient district shall be an amount equal	58630
to the transferring district's total fixed-rate levy loss times a	58631
fraction, the numerator of which is the value of electric company	58632
tangible personal property located in the part of the territory	58633
that was transferred, and the denominator of which is the total	58634
value of electric company tangible personal property located in	58635
the entire district from which the territory was transferred. The	58636
value of electric company tangible personal property under this	58637
division shall be determined for the most recent year for which	58638
data is available. Fixed-sum levy losses for both districts shall	58639
be determined under division (J)(4) of this section.	58640

(3) For the transfer of a part of the territory of one or	58641
more districts to create a new district:	58642

(a) If the new district is created on or after January 1,	58643
2000, but before January 1, 2005, the new district shall be paid	58644
its current fixed-rate levy loss through August ~~2008~~2009. From	58645
February ~~2009~~2010 to August 2016, the new district shall be paid	58646
the lesser of: (i) the amount calculated under division (C)(2) of	58647
this section or (ii) an amount equal to the new district's	58648
fixed-rate levy loss multiplied by the percentage prescribed by	58649
the following schedule:	58650

YEAR	PERCENTAGE	58651
~~2009~~	~~75%~~	58652
2010	70%	58653
2011	70%	58654
2012	60%	58655
2013	50%	58656
2014	40%	58657
2015	24%	58658
2016	11.5%	58659
2017 and thereafter	0%	58660

Fixed-sum levy losses for the districts shall be determined	58661
under division (J)(4) of this section.	58662

(b) If the new district is created on or after January 1,	58663
2005, the new district shall be deemed not to have any fixed-rate	58664
levy loss or, except as provided in division (J)(4) of this	58665
section, fixed-sum levy loss. The district or districts from which	58666
the territory was transferred shall have no reduction in their	58667
fixed-rate levy loss, or, except as provided in division (J)(4) of	58668
this section, their fixed-sum levy loss.	58669

(4) If a recipient district under division (J)(2) of this	58670
section or a new district under division (J)(3)(a) or (b) of this	58671
section takes on debt from one or more of the districts from which	58672
territory was transferred, and any of the districts transferring	58673
the territory had fixed-sum levy losses, the department of	58674
education, in consultation with the tax commissioner, shall make	58675
an equitable division of the fixed-sum levy losses.	58676

(K) There is hereby created the public utility property tax	58677
study committee, effective January 1, 2011. The committee shall	58678
consist of the following seven members: the tax commissioner,	58679
three members of the senate appointed by the president of the	58680
senate, and three members of the house of representatives	58681
appointed by the speaker of the house of representatives. The	58682
appointments shall be made not later than January 31, 2011. The	58683
tax commissioner shall be the chairperson of the committee.	58684

The committee shall study the extent to which each school	58685
district or joint vocational school district has been compensated,	58686
under sections 5727.84 and 5727.85 of the Revised Code as enacted	58687
by Substitute Senate Bill No. 3 of the 123rd general assembly and	58688
any subsequent acts, for the property tax loss caused by the	58689
reduction in the assessment rates for natural gas, electric, and	58690
rural electric company tangible personal property. Not later than	58691
June 30, 2011, the committee shall issue a report of its findings,	58692
including any recommendations for providing additional	58693
compensation for the property tax loss or regarding remedial	58694
legislation, to the president of the senate and the speaker of the	58695
house of representatives, at which time the committee shall cease	58696
to exist.	58697

The department of taxation and department of education shall	58698
provide such information and assistance as is required for the	58699
committee to carry out its duties.	58700

Sec. 5727.86. (A) Not later than January 1, 2002, the tax	58701
commissioner shall compute the payments to be made to each local	58702
taxing unit for each year according to divisions (A)(1), (2), (3),	58703
and (4) and division (E) of this section, and shall distribute the	58704
payments in the manner prescribed by division (C) of this section.	58705
The calculation of the fixed-sum levy loss shall cover a time	58706
period sufficient to include all fixed-sum levies for which the	58707
tax commissioner determined, pursuant to division (H) of section	58708
5727.84 of the Revised Code, that a fixed-sum levy loss is to be	58709
reimbursed.	58710

(1) Except as provided in divisions (A)(3) and (4) of this	58711
section, for fixed-rate levy losses determined under division (G)	58712
of section 5727.84 of the Revised Code, payments shall be made in	58713
each of the following years at the following percentage of the	58714
fixed-rate levy loss certified under division (A) of this section:	58715

YEAR	PERCENTAGE	58716
2002	100%	58717
2003	100%	58718
2004	100%	58719
2005	100%	58720
2006	100%	58721
2007	80%	58722
2008	80%	58723
2009	80%	58724
2010	80%	58725
2011	80%	58726
2012	66.7%	58727
2013	53.4%	58728
2014	40.1%	58729
2015	26.8%	58730
2016	13.5%	58731
2017 and thereafter	0%	58732

(2) For fixed-sum levy losses determined under division (H)	58733
of section 5727.84 of the Revised Code, payments shall be made in	58734
the amount of one hundred per cent of the fixed-sum levy loss for	58735
payments required to be made in 2002 and thereafter.	58736

(3) A local taxing unit in a county of less than two hundred	58737
fifty square miles that receives eighty per cent or more of its	58738
combined general fund and bond retirement fund revenues from	58739
property taxes and rollbacks based on 1997 actual revenues as	58740
presented in its 1999 tax budget, and in which electric companies	58741
and rural electric companies comprise over twenty per cent of its	58742
property valuation, shall receive one hundred per cent of its	58743
fixed-rate levy losses from electric company tax value losses	58744
certified under division (A) of this section in years 2002 to	58745
2016.	58746

(4) For taxes levied within the ten-mill limitation for debt	58747
purposes in tax year 1998 in the case of electric company tax	58748
value losses, and in tax year 1999 in the case of natural gas	58749
company tax value losses, payments shall be made equal to one	58750
hundred per cent of the loss computed as if the tax were a	58751
fixed-rate levy, but those payments shall extend from fiscal year	58752
2006 through fiscal year 2016.	58753

(B) Beginning in 2003, by the thirty-first day of January of	58754
each year, the tax commissioner shall review the calculation	58755
originally made under division (A) of this section of the	58756
fixed-sum levy loss determined under division (H) of section	58757
5727.84 of the Revised Code. If the commissioner determines that a	58758
fixed-sum levy that had been scheduled to be reimbursed in the	58759
current year has expired, a revised calculation for that and all	58760
subsequent years shall be made.	58761

(C) Payments to local taxing units required to be made under	58762
divisions (A) and (E) of this section shall be paid from the local	58763
government property tax replacement fund to the county undivided	58764
income tax fund in the proper county treasury. One-half of the	58765
amount certified under those divisions shall be paid between the	58766
twenty-first and twenty-eighth days of August and of February. The	58767
county treasurer shall distribute amounts paid under division (A)	58768
of this section to the proper local taxing unit as if they had	58769
been levied and collected as taxes, and the local taxing unit	58770
shall apportion the amounts so received among its funds in the	58771
same proportions as if those amounts had been levied and collected	58772
as taxes. ~~Amounts~~Except in the case of amounts distributed to the	58773
county as a local taxing unit, amounts distributed under division	58774
(E)(2) of this section shall be credited to the general fund of	58775
the local taxing unit that receives them. Amounts distributed to	58776
each county as a local taxing unit under division (E)(2) of this	58777
section shall be credited in the proportion that the current taxes	58778
charged and payable from each levy of or by the county bears to	58779
the total current taxes charged and payable from all levies of or	58780
by the county.	58781

(D) By February 5, 2002, the tax commissioner shall estimate	58782
the amount of money in the local government property tax	58783
replacement fund in excess of the amount necessary to make	58784
payments in that month under division (C) of this section.	58785
Notwithstanding division (A) of this section, the tax commissioner	58786
may pay any local taxing unit, from those excess funds, nine and	58787
four-tenths times the amount computed for 2002 under division	58788
(A)(1) of this section. A payment made under this division shall	58789
be in lieu of the payment to be made in February 2002 under	58790
division (A)(1) of this section. A local taxing unit receiving a	58791
payment under this division will no longer be entitled to any	58792
further payments under division (A)(1) of this section. A payment	58793
made under this division shall be paid from the local government	58794
property tax replacement fund to the county undivided income tax	58795
fund in the proper county treasury. The county treasurer shall	58796
distribute the payment to the proper local taxing unit as if it	58797
had been levied and collected as taxes, and the local taxing unit	58798
shall apportion the amounts so received among its funds in the	58799
same proportions as if those amounts had been levied and collected	58800
as taxes.	58801

(E)(1) On the thirty-first day of July of 2002, 2003, 2004,	58802
2005, and 2006, and on the thirty-first day of January and July of	58803
2007 and each year thereafter, if the amount credited to the local	58804
government property tax replacement fund exceeds the amount needed	58805
to be distributed from the fund under division (A) of this section	58806
in the following month, the tax commissioner shall distribute the	58807
excess to each county as follows:	58808

~~(1)~~(a) One-half shall be distributed to each county in	58809
proportion to each county's population.	58810

~~(2)~~(b) One-half shall be distributed to each county in the	58811
proportion that the amounts determined under divisions (G) and (H)	58812
of section 5727.84 of the Revised Code for all local taxing units	58813
in the county is of the total amounts so determined for all local	58814
taxing units in the state.	58815

(2) The amounts distributed to each county under ~~this~~	58816
division (E) of this section shall be distributed by the county	58817
~~treasurer~~auditor to each local taxing unit in the county in the	58818
proportion that the unit's current taxes charged and payable are	58819
of the total current taxes charged and payable of all the local	58820
taxing units in the county. If the amount that the county auditor	58821
determines to be distributed to a local taxing unit is less than	58822
five dollars, that amount shall not be distributed, and the amount	58823
not distributed shall remain credited to the county undivided	58824
income tax fund. At the time of the next distribution under	58825
division (E)(2) of this section, any amount that had not been	58826
distributed in the prior distribution shall be added to the amount	58827
available for the next distribution prior to calculation of the	58828
amount to be distributed. As used in this division, "current taxes	58829
charged and payable" means the taxes charged and payable as most	58830
recently determined for local taxing units in the county.	58831

(3) If, in the opinion of the tax commissioner, the excess	58832
remaining in the local government property tax replacement fund in	58833
any year is not sufficient to warrant distribution under ~~this~~	58834
division (E) of this section, the excess shall remain to the	58835
credit of the fund.	58836

(F) From fiscal year 2002 through fiscal year 2016, if the	58837
total amount in the local government property tax replacement fund	58838
is insufficient to make all payments under division (C) of this	58839
section at the times the payments are to be made, the director of	58840
budget and management shall transfer from the general revenue fund	58841
to the local government property tax replacement fund the	58842
difference between the total amount to be paid and the amount in	58843
the local government property tax replacement fund, except that no	58844
transfer shall be made by reason of a deficiency to the extent	58845
that it results from the amendment of section 5727.84 of the	58846
Revised Code by Amended Substitute House Bill 95 of the 125th	58847
general assembly.	58848

(G) If all or a part of the territories of two or more local	58849
taxing units are merged, or unincorporated territory of a township	58850
is annexed by a municipal corporation, the tax commissioner shall	58851
adjust the payments made under this section to each of the local	58852
taxing units in proportion to the tax value loss apportioned to	58853
the merged or annexed territory, or as otherwise provided by a	58854
written agreement between the legislative authorities of the local	58855
taxing units certified to the tax commissioner not later than the	58856
first day of June of the calendar year in which the payment is to	58857
be made.	58858

Sec. 5727.87. (A) As used in this section:

58859

(1) "Administrative fees" means the dollar percentages	58860
allowed by the county auditor for services or by the county	58861
treasurer as fees, or paid to the credit of the real estate	58862
assessment fund, under divisions (A) and ~~(B)~~(C) of section 319.54	58863
and division (A) of section 321.26 of the Revised Code.	58864

(2) "Administrative fee loss" means a county's loss of	58865
administrative fees due to its tax value loss, determined as	58866
follows:	58867

(a) For purposes of the determination made under division (B)	58868
of this section in the years 2002 through 2006, the administrative	58869
fee loss shall be computed by multiplying the amounts determined	58870
for all taxing districts in the county under divisions (G) and (H)	58871
of section 5727.84 of the Revised Code by nine thousand six	58872
hundred fifty-nine ten-thousandths of one per cent if total taxes	58873
collected in the county in 1999 exceeded one hundred fifty million	58874
dollars, or one and one thousand one hundred fifty-nine	58875
ten-thousandths of one per cent if total taxes collected in the	58876
county in 1999 were one hundred fifty million dollars or less;	58877

(b) For purposes of the determination under division (B) of	58878
this section in the years 2007 through 2011, the administrative	58879
fee loss shall be the lesser of the amount computed under division	58880
(A)(2)(a) of this section or the amount determined by subtracting	58881
from the dollar amount of administrative fees collected in the	58882
county in 1999, the dollar amount of administrative fees collected	58883
in the county in the current calendar year.	58884

(3) "Total taxes collected" means all money collected on any	58885
tax duplicate of the county, other than the estate tax duplicates.	58886
"Total taxes collected" does not include amounts received pursuant	58887
to divisions (F) and (G) of section 321.24 or section 323.156 of	58888
the Revised Code.	58889

(B) Not later than the thirty-first day of December of 2001	58890
through 2005, the tax commissioner shall certify to each county	58891
auditor the tax levy losses calculated under divisions (G) and (H)	58892
of section 5727.84 of the Revised Code for each school district,	58893
joint vocational school district, and local taxing unit in the	58894
county. Not later than the thirty-first day of January of 2002	58895
through 2011, the county auditor shall determine the	58896
administrative fee loss for the county and apportion that loss	58897
ratably among the school districts, joint vocational school	58898
districts, and local taxing units on the basis of the tax levy	58899
losses certified under this division.	58900

(C) On or before each of the days prescribed for the	58901
settlements under divisions (A) and (C) of section 321.24 of the	58902
Revised Code in the years 2002 through 2011, the county treasurer	58903
shall deduct one-half of the amount apportioned to each school	58904
district, joint vocational school district, and local taxing unit	58905
from the portions of revenue payable to them.	58906

(D) On or before each of the days prescribed for settlements	58907
under divisions (A) and (C) of section 321.24 of the Revised Code	58908
in the years 2002 through 2011, the county auditor shall cause to	58909
be deposited an amount equal to one-half of the amount of the	58910
administrative fee loss in the same funds as if allowed as	58911
administrative fees.	58912

After payment of the administrative fee loss on or before	58913
August 10, 2011, all payments under this section shall cease.	58914

Sec. 5733.12. (A) ~~Four and two-tenths per cent of all~~All	58915
payments received from the taxes imposed under sections 5733.06	58916
and 5733.41 of the Revised Code shall be credited to ~~the local~~	58917
~~government fund for distribution in accordance with section~~	58918
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	58919
~~credited to the local government revenue assistance fund for~~	58920
~~distribution in accordance with section 5747.61 of the Revised~~	58921
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	58922
the general revenue fund.	58923

(B) Except as otherwise provided under divisions (C) and (D)	58924
of this section, an application to refund to the corporation the	58925
amount of taxes imposed under section 5733.06 of the Revised Code	58926
that are overpaid, paid illegally or erroneously, or paid on any	58927
illegal, erroneous, or excessive assessment, with interest thereon	58928
as provided by section 5733.26 of the Revised Code, shall be filed	58929
with the tax commissioner, on the form prescribed by the	58930
commissioner, within three years from the date of the illegal,	58931
erroneous, or excessive payment of the tax, or within any	58932
additional period allowed by division (C)(2) of section 5733.031,	58933
division (D)(2) of section 5733.067, or division (A) of section	58934
5733.11 of the Revised Code. For purposes of division (B) of this	58935
section, any payment that the applicant made before the due date	58936
or extended due date for filing the report to which the payment	58937
relates shall be deemed to have been made on the due date or	58938
extended due date.	58939

On the filing of the refund application, the commissioner	58940
shall determine the amount of refund to which the applicant is	58941
entitled. If the amount is not less than that claimed the	58942
commissioner shall certify the amount to the director of budget	58943
and management and treasurer of state for payment from the tax	58944
refund fund created by section 5703.052 of the Revised Code. If	58945
the amount is less than that claimed, the commissioner shall	58946
proceed in accordance with section 5703.70 of the Revised Code.	58947

(C) "Ninety days" shall be substituted for "three years" in	58948
division (B) of this section if the taxpayer satisfies both of the	58949
following:	58950

(1) The taxpayer has applied for a refund based in whole or	58951
in part upon section 5733.0611 of the Revised Code;	58952

(2) The taxpayer asserts that the imposition or collection of	58953
the tax imposed or charged by section 5733.06 of the Revised Code	58954
or any portion of such tax violates the Constitution of the United	58955
States or the Constitution of this state.	58956

(D)(1) Division (D)(2) of this section applies only if all of	58957
the following conditions are satisfied:	58958

(a) A qualifying pass-through entity pays an amount of the	58959
tax imposed by section 5733.41 of the Revised Code;	58960

(b) The taxpayer is a qualifying investor as to that	58961
qualifying pass-through entity;	58962

(c) The taxpayer did not claim the credit provided for in	58963
section 5733.0611 of the Revised Code as to the tax described in	58964
division (D)(1)(a) of this section;	58965

(d) The three-year period described in division (B) of this	58966
section has ended as to the taxable year for which the taxpayer	58967
otherwise would have claimed that credit.	58968

(2) A taxpayer shall file an application for refund pursuant	58969
to this division within one year after the date the payment	58970
described in division (D)(1)(a) of this section is made. An	58971
application filed under this division shall only claim refund of	58972
overpayments resulting from the taxpayer's failure to claim the	58973
credit described in division (D)(1)(c) of this section. Nothing in	58974
this division shall be construed to relieve a taxpayer from	58975
complying with the provisions of division (I)(14) of section	58976
5733.04 of the Revised Code.	58977

Sec. 5733.39. (A) As used in this section:

58978

(1) "Compliance facility" means property that is designed,	58979
constructed, or installed, and used, at a coal-fired electric	58980
generating facility for the primary purpose of complying with acid	58981
rain control requirements under Title IV of the "Clean Air Act	58982
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, and that	58983
controls or limits emissions of sulfur or nitrogen compounds	58984
resulting from the combustion of coal through the removal or	58985
reduction of those compounds before, during, or after the	58986
combustion of the coal, but before the combustion products are	58987
emitted into the atmosphere. "Compliance facility" also includes	58988
any of the following:	58989

(a) A facility that removes sulfur compounds from coal before	58990
the combustion of the coal and that is located off the premises of	58991
the electric generating facility where the coal processed by the	58992
compliance facility is burned;	58993

(b) Modifications to the electric generating facility where	58994
the compliance facility is constructed or installed that are	58995
necessary to accommodate the construction or installation, and	58996
operation, of the compliance facility;	58997

(c) A byproduct disposal facility, as defined in section	58998
3734.051 of the Revised Code, that exclusively disposes of wastes	58999
produced by the compliance facility and other coal combustion	59000
byproducts produced by the generating unit in or to which the	59001
compliance facility is incorporated or connected regardless of	59002
whether the byproduct disposal facility is located on the same	59003
premises as the compliance facility or generating unit that	59004
produces the wastes disposed of at the facility;	59005

(d) Facilities or equipment that is acquired, constructed, or	59006
installed, and used, at a coal-fired electric generating facility	59007
exclusively for the purpose of handling the byproducts produced by	59008
the compliance facility or other coal combustion byproducts	59009
produced by the generating unit in or to which the compliance	59010
facility is incorporated or connected;	59011

(e) A flue gas desulfurization system that is connected to a	59012
coal-fired electric generating unit;	59013

(f) Facilities or equipment acquired, constructed, or	59014
installed, and used, at a coal-fired electric generating unit	59015
primarily for the purpose of handling the byproducts produced by a	59016
compliance facility or other coal combustion byproducts produced	59017
by the generating unit in or to which the compliance facility is	59018
incorporated or connected.	59019

(2) "Ohio coal" means coal mined from coal deposits in the	59020
ground that are located within this state, regardless of the	59021
location of the mine's tipple.	59022

(3) "Sale and leaseback transaction" has the same meaning as	59023
in section 5727.01 of the Revised Code.	59024

(B) An electric company shall be allowed a nonrefundable	59025
credit against the tax imposed by section 5733.06 of the Revised	59026
Code for Ohio coal used in any of its coal-fired electric	59027
generating units after April 30, 2001, but before January 1, ~~2008~~	59028
2010. Section 5733.057 of the Revised Code shall apply when	59029
calculating the credit allowed by this section. The credit shall	59030
be claimed at the following rates per ton of Ohio coal burned in a	59031
coal-fired electric generating unit during the taxable year ending	59032
immediately preceding the tax year: for tax years before tax year	59033
2006, three dollars per ton; and for tax years 2006, 2007, ~~and~~	59034
2008, and 2009, one dollar per ton. The credit is allowed only if	59035
both of the following conditions are met during such taxable year:	59036

(1) The coal-fired electric generating unit is owned and used	59037
by the company claiming the credit or leased and used by that	59038
company under a sale and leaseback transaction.	59039

(2) A compliance facility is attached to, incorporated in, or	59040
used in conjunction with the coal-fired generating unit.	59041

(C) The credit shall be claimed in the order required under	59042
section 5733.98 of the Revised Code. The taxpayer may carry	59043
forward any credit amount in excess of its tax due after allowing	59044
for any other credits that precede the credit allowed under this	59045
section in the order required under section 5733.98 of the Revised	59046
Code. The excess credit may be carried forward for three years	59047
following the tax year for which it is claimed under this section.	59048

(D) The director of environmental protection, upon the	59049
request of the tax commissioner, shall certify whether a facility	59050
is a compliance facility. In the case of a compliance facility	59051
owned by an electric company, the public utilities commission	59052
shall certify to the tax commissioner the cost of the facility as	59053
of the date it was placed in service. In the case of a compliance	59054
facility owned by a person other than an electric company, the tax	59055
commissioner shall determine the cost of the facility as of the	59056
date it was placed in service. If the owner of such a facility	59057
fails to furnish the information necessary to make that	59058
determination, no credit shall be allowed.	59059

Sec. 5733.48. (A) As used in this section, "alternative	59060
fuel," "retail dealer," and "retail service station" have the same	59061
meanings as in section 5747.77 of the Revised Code.	59062

(B) There is hereby allowed a nonrefundable credit against	59063
the tax imposed by section 5733.06 of the Revised Code for a	59064
retail dealer that sells alternative fuel. The credit may be	59065
claimed for tax years 2008 and 2009. The credit for tax year 2008	59066
shall equal fifteen cents per gallon of alternative fuel sold and	59067
dispensed through a metered pump at the retail dealer's retail	59068
service station during any part of calendar year 2007 that is	59069
included in the dealer's taxable year ending in 2007. The credit	59070
for tax year 2009 shall equal fifteen cents per gallon of	59071
alternative fuel sold and dispensed through a metered pump at the	59072
retail dealer's retail service station during any part of calendar	59073
year 2007 that is included in the dealer's taxable year ending in	59074
2008, plus thirteen cents per gallon of alternative fuel sold and	59075
dispensed in that manner during any part of calendar year 2008	59076
that is included in that taxable year. The credit shall be	59077
calculated separately for each retail service station owned or	59078
operated by the retail dealer.	59079

(C) The retail dealer shall claim the credit under this	59080
section in the order prescribed in section 5733.98 of the Revised	59081
Code. The credit shall not exceed the amount of tax otherwise due	59082
under section 5733.06 of the Revised Code after deducting any	59083
other credits that precede the credit claimed under this section	59084
in that order.	59085

Sec. 5733.98. (A) To provide a uniform procedure for	59086
calculating the amount of tax imposed by section 5733.06 of the	59087
Revised Code that is due under this chapter, a taxpayer shall	59088
claim any credits to which it is entitled in the following order,	59089
except as otherwise provided in section 5733.058 of the Revised	59090
Code:	59091

(1) For tax year 2005, the credit for taxes paid by a	59092
qualifying pass-through entity allowed under section 5733.0611 of	59093
the Revised Code;	59094

(2) The credit allowed for financial institutions under	59095
section 5733.45 of the Revised Code;	59096

(3) The credit for qualifying affiliated groups under section	59097
5733.068 of the Revised Code;	59098

(4) The subsidiary corporation credit under section 5733.067	59099
of the Revised Code;	59100

(5) The savings and loan assessment credit under section	59101
5733.063 of the Revised Code;	59102

(6) The credit for recycling and litter prevention donations	59103
under section 5733.064 of the Revised Code;	59104

(7) The credit for employers that enter into agreements with	59105
child day-care centers under section 5733.36 of the Revised Code;	59106

(8) The credit for employers that reimburse employee child	59107
care expenses under section 5733.38 of the Revised Code;	59108

(9) The credit for maintaining railroad active grade crossing	59109
warning devices under section 5733.43 of the Revised Code;	59110

(10) The credit for purchases of lights and reflectors under	59111
section 5733.44 of the Revised Code;	59112

(11) The job retention credit under division (B) of section	59113
5733.0610 of the Revised Code;	59114

(12) The credit for ~~purchases of new manufacturing machinery~~	59115
~~and equipment under section 5733.31 or section 5733.311~~tax years	59116
2008 and 2009 for selling alternative fuel under section 5733.48	59117
of the Revised Code;	59118

(13) The second credit for purchases of new manufacturing	59119
machinery and equipment under section 5733.33 of the Revised Code;	59120

(14) The job training credit under section 5733.42 of the	59121
Revised Code;	59122

(15) The credit for qualified research expenses under section	59123
5733.351 of the Revised Code;	59124

(16) The enterprise zone credit under section 5709.66 of the	59125
Revised Code;	59126

(17) The credit for the eligible costs associated with a	59127
voluntary action under section 5733.34 of the Revised Code;	59128

(18) The credit for employers that establish on-site child	59129
day-care centers under section 5733.37 of the Revised Code;	59130

(19) The ethanol plant investment credit under section	59131
5733.46 of the Revised Code;	59132

(20) The credit for purchases of qualifying grape production	59133
property under section 5733.32 of the Revised Code;	59134

(21) The export sales credit under section 5733.069 of the	59135
Revised Code;	59136

(22) The credit for research and development and technology	59137
transfer investors under section 5733.35 of the Revised Code;	59138

(23) The enterprise zone credits under section 5709.65 of the	59139
Revised Code;	59140

(24) The credit for using Ohio coal under section 5733.39 of	59141
the Revised Code;	59142

(25) The credit for small telephone companies under section	59143
5733.57 of the Revised Code;	59144

(26) The credit for eligible nonrecurring 9-1-1 charges under	59145
section 5733.55 of the Revised Code;	59146

(27) For tax year 2005, the credit for providing programs to	59147
aid the communicatively impaired under division (A) of section	59148
5733.56 of the Revised Code;	59149

(28) The research and development credit under section	59150
5733.352 of the Revised Code;	59151

(29) For tax years 2006 and subsequent tax years, the credit	59152
for taxes paid by a qualifying pass-through entity allowed under	59153
section 5733.0611 of the Revised Code;	59154

(30) The refundable credit for rehabilitating a historic	59155
building under section 5733.47 of the Revised Code;	59156

(31) The refundable jobs creation credit under division (A)	59157
of section 5733.0610 of the Revised Code;	59158

(32) The refundable credit for tax withheld under division	59159
(B)(2) of section 5747.062 of the Revised Code;	59160

(33) The refundable credit under section 5733.49 of the	59161
Revised Code for losses on loans made to the Ohio venture capital	59162
program under sections 150.01 to 150.10 of the Revised Code;	59163

(34) For tax years 2006, 2007, and 2008, the refundable	59164
credit allowable under division (B) of section 5733.56 of the	59165
Revised Code.	59166

(B) For any credit except the credits enumerated in divisions	59167
(A)(30) to (34) of this section, the amount of the credit for a	59168
tax year shall not exceed the tax due after allowing for any other	59169
credit that precedes it in the order required under this section.	59170
Any excess amount of a particular credit may be carried forward if	59171
authorized under the section creating that credit.	59172

Sec. 5739.02. For the purpose of providing revenue with	59173
which to meet the needs of the state, for the use of the general	59174
revenue fund of the state, for the purpose of securing a thorough	59175
and efficient system of common schools throughout the state, for	59176
the purpose of affording revenues, in addition to those from	59177
general property taxes, permitted under constitutional	59178
limitations, and from other sources, for the support of local	59179
governmental functions, and for the purpose of reimbursing the	59180
state for the expense of administering this chapter, an excise tax	59181
is hereby levied on each retail sale made in this state.	59182

(A)(1) The tax shall be collected as provided in section	59183
5739.025 of the Revised Code, provided that on and after July 1,	59184
2003, and on or before June 30, 2005, the rate of tax shall be six	59185
per cent. On and after July 1, 2005, the rate of the tax shall be	59186
five and one-half per cent. The tax applies and is collectible	59187
when the sale is made, regardless of the time when the price is	59188
paid or delivered.	59189

(2) In the case of the lease or rental, with a fixed term of	59190
more than thirty days or an indefinite term with a minimum period	59191
of more than thirty days, of any motor vehicles designed by the	59192
manufacturer to carry a load of not more than one ton, watercraft,	59193
outboard motor, or aircraft, or of any tangible personal property,	59194
other than motor vehicles designed by the manufacturer to carry a	59195
load of more than one ton, to be used by the lessee or renter	59196
primarily for business purposes, the tax shall be collected by the	59197
vendor at the time the lease or rental is consummated and shall be	59198
calculated by the vendor on the basis of the total amount to be	59199
paid by the lessee or renter under the lease agreement. If the	59200
total amount of the consideration for the lease or rental includes	59201
amounts that are not calculated at the time the lease or rental is	59202
executed, the tax shall be calculated and collected by the vendor	59203
at the time such amounts are billed to the lessee or renter. In	59204
the case of an open-end lease or rental, the tax shall be	59205
calculated by the vendor on the basis of the total amount to be	59206
paid during the initial fixed term of the lease or rental, and for	59207
each subsequent renewal period as it comes due. As used in this	59208
division, "motor vehicle" has the same meaning as in section	59209
4501.01 of the Revised Code, and "watercraft" includes an outdrive	59210
unit attached to the watercraft.	59211

A lease with a renewal clause and a termination penalty or	59212
similar provision that applies if the renewal clause is not	59213
exercised is presumed to be a sham transaction. In such a case,	59214
the tax shall be calculated and paid on the basis of the entire	59215
length of the lease period, including any renewal periods, until	59216
the termination penalty or similar provision no longer applies.	59217
The taxpayer shall bear the burden, by a preponderance of the	59218
evidence, that the transaction or series of transactions is not a	59219
sham transaction.	59220

(3) Except as provided in division (A)(2) of this section, in	59221
the case of a sale, the price of which consists in whole or in	59222
part of the lease or rental of tangible personal property, the tax	59223
shall be measured by the installments of that lease or rental.	59224

(4) In the case of a sale of a physical fitness facility	59225
service or recreation and sports club service, the price of which	59226
consists in whole or in part of a membership for the receipt of	59227
the benefit of the service, the tax applicable to the sale shall	59228
be measured by the installments thereof.	59229

(B) The tax does not apply to the following:

59230

(1) Sales to the state or any of its political subdivisions,	59231
or to any other state or its political subdivisions if the laws of	59232
that state exempt from taxation sales made to this state and its	59233
political subdivisions;	59234

(2) Sales of food for human consumption off the premises	59235
where sold;	59236

(3) Sales of food sold to students only in a cafeteria,	59237
dormitory, fraternity, or sorority maintained in a private,	59238
public, or parochial school, college, or university;	59239

(4) Sales of newspapers and of magazine subscriptions and	59240
sales or transfers of magazines distributed as controlled	59241
circulation publications;	59242

(5) The furnishing, preparing, or serving of meals without	59243
charge by an employer to an employee provided the employer records	59244
the meals as part compensation for services performed or work	59245
done;	59246

(6) Sales of motor fuel upon receipt, use, distribution, or	59247
sale of which in this state a tax is imposed by the law of this	59248
state, but this exemption shall not apply to the sale of motor	59249
fuel on which a refund of the tax is allowable under division (A)	59250
of section 5735.14 of the Revised Code; and the tax commissioner	59251
may deduct the amount of tax levied by this section applicable to	59252
the price of motor fuel when granting a refund of motor fuel tax	59253
pursuant to division (A) of section 5735.14 of the Revised Code	59254
and shall cause the amount deducted to be paid into the general	59255
revenue fund of this state;	59256

(7) Sales of natural gas by a natural gas company, of water	59257
by a water-works company, or of steam by a heating company, if in	59258
each case the thing sold is delivered to consumers through pipes	59259
or conduits, and all sales of communications services by a	59260
telegraph company, all terms as defined in section 5727.01 of the	59261
Revised Code, and sales of electricity delivered through wires;	59262

(8) Casual sales by a person, or auctioneer employed directly	59263
by the person to conduct such sales, except as to such sales of	59264
motor vehicles, watercraft or outboard motors required to be	59265
titled under section 1548.06 of the Revised Code, watercraft	59266
documented with the United States coast guard, snowmobiles, and	59267
all-purpose vehicles as defined in section 4519.01 of the Revised	59268
Code;	59269

(9)(a) Sales of services or tangible personal property, other	59270
than motor vehicles, mobile homes, and manufactured homes, by	59271
churches, organizations exempt from taxation under section	59272
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	59273
organizations operated exclusively for charitable purposes as	59274
defined in division (B)(12) of this section, provided that the	59275
number of days on which such tangible personal property or	59276
services, other than items never subject to the tax, are sold does	59277
not exceed six in any calendar year, except as otherwise provided	59278
in division (B)(9)(b) of this section. If the number of days on	59279
which such sales are made exceeds six in any calendar year, the	59280
church or organization shall be considered to be engaged in	59281
business and all subsequent sales by it shall be subject to the	59282
tax. In counting the number of days, all sales by groups within a	59283
church or within an organization shall be considered to be sales	59284
of that church or organization~~, except that~~.	59285

(b) The limitation on the number of days on which tax-exempt	59286
sales may be made by a church or organization under division	59287
(B)(9)(a) of this section does not apply to sales made by ~~separate~~	59288
student clubs and other groups of students of a primary or	59289
secondary school, ~~and sales made by~~or a parent-teacher	59290
association, booster group, or similar organization that raises	59291
money to support or fund curricular or extracurricular activities	59292
of a primary or secondary school~~, shall not be considered to be~~	59293
~~sales of such school, and sales by each such club, group,~~	59294
~~association, or organization shall be counted separately for~~	59295
~~purposes of the six-day limitation. This division does~~.	59296

(c) Divisions (B)(9)(a) and (b) of this section do not apply	59297
to sales by a noncommercial educational radio or television	59298
broadcasting station.	59299

(10) Sales not within the taxing power of this state under	59300
the Constitution of the United States;	59301

(11) Except for transactions that are sales under division	59302
(B)(3)(r) of section 5739.01 of the Revised Code, the	59303
transportation of persons or property, unless the transportation	59304
is by a private investigation and security service;	59305

(12) Sales of tangible personal property or services to	59306
churches, to organizations exempt from taxation under section	59307
501(c)(3) of the Internal Revenue Code of 1986, and to any other	59308
nonprofit organizations operated exclusively for charitable	59309
purposes in this state, no part of the net income of which inures	59310
to the benefit of any private shareholder or individual, and no	59311
substantial part of the activities of which consists of carrying	59312
on propaganda or otherwise attempting to influence legislation;	59313
sales to offices administering one or more homes for the aged or	59314
one or more hospital facilities exempt under section 140.08 of the	59315
Revised Code; and sales to organizations described in division (D)	59316
of section 5709.12 of the Revised Code.	59317

"Charitable purposes" means the relief of poverty; the	59318
improvement of health through the alleviation of illness, disease,	59319
or injury; the operation of an organization exclusively for the	59320
provision of professional, laundry, printing, and purchasing	59321
services to hospitals or charitable institutions; the operation of	59322
a home for the aged, as defined in section 5701.13 of the Revised	59323
Code; the operation of a radio or television broadcasting station	59324
that is licensed by the federal communications commission as a	59325
noncommercial educational radio or television station; the	59326
operation of a nonprofit animal adoption service or a county	59327
humane society; the promotion of education by an institution of	59328
learning that maintains a faculty of qualified instructors,	59329
teaches regular continuous courses of study, and confers a	59330
recognized diploma upon completion of a specific curriculum; the	59331
operation of a parent-teacher association, booster group, or	59332
similar organization primarily engaged in the promotion and	59333
support of the curricular or extracurricular activities of a	59334
primary or secondary school; the operation of a community or area	59335
center in which presentations in music, dramatics, the arts, and	59336
related fields are made in order to foster public interest and	59337
education therein; the production of performances in music,	59338
dramatics, and the arts; or the promotion of education by an	59339
organization engaged in carrying on research in, or the	59340
dissemination of, scientific and technological knowledge and	59341
information primarily for the public.	59342

Nothing in this division shall be deemed to exempt sales to	59343
any organization for use in the operation or carrying on of a	59344
trade or business, or sales to a home for the aged for use in the	59345
operation of independent living facilities as defined in division	59346
(A) of section 5709.12 of the Revised Code.	59347

(13) Building and construction materials and services sold to	59348
construction contractors for incorporation into a structure or	59349
improvement to real property under a construction contract with	59350
this state or a political subdivision of this state, or with the	59351
United States government or any of its agencies; building and	59352
construction materials and services sold to construction	59353
contractors for incorporation into a structure or improvement to	59354
real property that are accepted for ownership by this state or any	59355
of its political subdivisions, or by the United States government	59356
or any of its agencies at the time of completion of the structures	59357
or improvements; building and construction materials sold to	59358
construction contractors for incorporation into a horticulture	59359
structure or livestock structure for a person engaged in the	59360
business of horticulture or producing livestock; building	59361
materials and services sold to a construction contractor for	59362
incorporation into a house of public worship or religious	59363
education, or a building used exclusively for charitable purposes	59364
under a construction contract with an organization whose purpose	59365
is as described in division (B)(12) of this section; building	59366
materials and services sold to a construction contractor for	59367
incorporation into a building under a construction contract with	59368
an organization exempt from taxation under section 501(c)(3) of	59369
the Internal Revenue Code of 1986 when the building is to be used	59370
exclusively for the organization's exempt purposes; building and	59371
construction materials sold for incorporation into the original	59372
construction of a sports facility under section 307.696 of the	59373
Revised Code; and building and construction materials and services	59374
sold to a construction contractor for incorporation into real	59375
property outside this state if such materials and services, when	59376
sold to a construction contractor in the state in which the real	59377
property is located for incorporation into real property in that	59378
state, would be exempt from a tax on sales levied by that state;	59379

(14) Sales of ships or vessels or rail rolling stock used or	59380
to be used principally in interstate or foreign commerce, and	59381
repairs, alterations, fuel, and lubricants for such ships or	59382
vessels or rail rolling stock;	59383

(15) Sales to persons primarily engaged in any of the	59384
activities mentioned in division (B)(42)(a) or (g) of this	59385
section, to persons engaged in making retail sales, or to persons	59386
who purchase for sale from a manufacturer tangible personal	59387
property that was produced by the manufacturer in accordance with	59388
specific designs provided by the purchaser, of packages, including	59389
material, labels, and parts for packages, and of machinery,	59390
equipment, and material for use primarily in packaging tangible	59391
personal property produced for sale, including any machinery,	59392
equipment, and supplies used to make labels or packages, to	59393
prepare packages or products for labeling, or to label packages or	59394
products, by or on the order of the person doing the packaging, or	59395
sold at retail. "Packages" includes bags, baskets, cartons,	59396
crates, boxes, cans, bottles, bindings, wrappings, and other	59397
similar devices and containers, but does not include motor	59398
vehicles or bulk tanks, trailers, or similar devices attached to	59399
motor vehicles. "Packaging" means placing in a package. Division	59400
(B)(15) of this section does not apply to persons engaged in	59401
highway transportation for hire.	59402

(16) Sales of food to persons using food stamp benefits to	59403
purchase the food. As used in this division, "food" has the same	59404
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	59405
2012, as amended, and federal regulations adopted pursuant to that	59406
act.	59407

(17) Sales to persons engaged in farming, agriculture,	59408
horticulture, or floriculture, of tangible personal property for	59409
use or consumption directly in the production by farming,	59410
agriculture, horticulture, or floriculture of other tangible	59411
personal property for use or consumption directly in the	59412
production of tangible personal property for sale by farming,	59413
agriculture, horticulture, or floriculture; or material and parts	59414
for incorporation into any such tangible personal property for use	59415
or consumption in production; and of tangible personal property	59416
for such use or consumption in the conditioning or holding of	59417
products produced by and for such use, consumption, or sale by	59418
persons engaged in farming, agriculture, horticulture, or	59419
floriculture, except where such property is incorporated into real	59420
property;	59421

(18) Sales of drugs for a human being that may be dispensed	59422
only pursuant to a prescription; insulin as recognized in the	59423
official United States pharmacopoeia; urine and blood testing	59424
materials when used by diabetics or persons with hypoglycemia to	59425
test for glucose or acetone; hypodermic syringes and needles when	59426
used by diabetics for insulin injections; epoetin alfa when	59427
purchased for use in the treatment of persons with medical	59428
disease; hospital beds when purchased by hospitals, nursing homes,	59429
or other medical facilities; and medical oxygen and medical	59430
oxygen-dispensing equipment when purchased by hospitals, nursing	59431
homes, or other medical facilities;	59432

(19) Sales of prosthetic devices, durable medical equipment	59433
for home use, or mobility enhancing equipment, when made pursuant	59434
to a prescription and when such devices or equipment are for use	59435
by a human being.	59436

(20) Sales of emergency and fire protection vehicles and	59437
equipment to nonprofit organizations for use solely in providing	59438
fire protection and emergency services, including trauma care and	59439
emergency medical services, for political subdivisions of the	59440
state;	59441

(21) Sales of tangible personal property manufactured in this	59442
state, if sold by the manufacturer in this state to a retailer for	59443
use in the retail business of the retailer outside of this state	59444
and if possession is taken from the manufacturer by the purchaser	59445
within this state for the sole purpose of immediately removing the	59446
same from this state in a vehicle owned by the purchaser;	59447

(22) Sales of services provided by the state or any of its	59448
political subdivisions, agencies, instrumentalities, institutions,	59449
or authorities, or by governmental entities of the state or any of	59450
its political subdivisions, agencies, instrumentalities,	59451
institutions, or authorities;	59452

(23) Sales of motor vehicles to nonresidents of this state	59453
~~upon the presentation of an affidavit executed in this state by~~	59454
~~the nonresident purchaser affirming that the purchaser is a~~	59455
~~nonresident of this state, that possession of the motor vehicle is~~	59456
~~taken in this state for the sole purpose of immediately removing~~	59457
~~it from this state, that the motor vehicle will be permanently~~	59458
~~titled and registered in another state, and that the motor vehicle~~	59459
~~will not be used in this state~~under the circumstances described	59460
in division (B) of section 5739.029 of the Revised Code;	59461

(24) Sales to persons engaged in the preparation of eggs for	59462
sale of tangible personal property used or consumed directly in	59463
such preparation, including such tangible personal property used	59464
for cleaning, sanitizing, preserving, grading, sorting, and	59465
classifying by size; packages, including material and parts for	59466
packages, and machinery, equipment, and material for use in	59467
packaging eggs for sale; and handling and transportation equipment	59468
and parts therefor, except motor vehicles licensed to operate on	59469
public highways, used in intraplant or interplant transfers or	59470
shipment of eggs in the process of preparation for sale, when the	59471
plant or plants within or between which such transfers or	59472
shipments occur are operated by the same person. "Packages"	59473
includes containers, cases, baskets, flats, fillers, filler flats,	59474
cartons, closure materials, labels, and labeling materials, and	59475
"packaging" means placing therein.	59476

(25)(a) Sales of water to a consumer for residential use,	59477
except the sale of bottled water, distilled water, mineral water,	59478
carbonated water, or ice;	59479

(b) Sales of water by a nonprofit corporation engaged	59480
exclusively in the treatment, distribution, and sale of water to	59481
consumers, if such water is delivered to consumers through pipes	59482
or tubing.	59483

(26) Fees charged for inspection or reinspection of motor	59484
vehicles under section 3704.14 of the Revised Code;	59485

(27) Sales to persons licensed to conduct a food service	59486
operation pursuant to section 3717.43 of the Revised Code, of	59487
tangible personal property primarily used directly for the	59488
following:	59489

(a) To prepare food for human consumption for sale;

59490

(b) To preserve food that has been or will be prepared for	59491
human consumption for sale by the food service operator, not	59492
including tangible personal property used to display food for	59493
selection by the consumer;	59494

(c) To clean tangible personal property used to prepare or	59495
serve food for human consumption for sale.	59496

(28) Sales of animals by nonprofit animal adoption services	59497
or county humane societies;	59498

(29) Sales of services to a corporation described in division	59499
(A) of section 5709.72 of the Revised Code, and sales of tangible	59500
personal property that qualifies for exemption from taxation under	59501
section 5709.72 of the Revised Code;	59502

(30) Sales and installation of agricultural land tile, as	59503
defined in division (B)(5)(a) of section 5739.01 of the Revised	59504
Code;	59505

(31) Sales and erection or installation of portable grain	59506
bins, as defined in division (B)(5)(b) of section 5739.01 of the	59507
Revised Code;	59508

(32) The sale, lease, repair, and maintenance of, parts for,	59509
or items attached to or incorporated in, motor vehicles that are	59510
primarily used for transporting tangible personal property	59511
belonging to others by a person engaged in highway transportation	59512
for hire, except for packages and packaging used for the	59513
transportation of tangible personal property;	59514

(33) Sales to the state headquarters of any veterans'	59515
organization in this state that is either incorporated and issued	59516
a charter by the congress of the United States or is recognized by	59517
the United States veterans administration, for use by the	59518
headquarters;	59519

(34) Sales to a telecommunications service vendor, mobile	59520
telecommunications service vendor, or satellite broadcasting	59521
service vendor of tangible personal property and services used	59522
directly and primarily in transmitting, receiving, switching, or	59523
recording any interactive, one- or two-way electromagnetic	59524
communications, including voice, image, data, and information,	59525
through the use of any medium, including, but not limited to,	59526
poles, wires, cables, switching equipment, computers, and record	59527
storage devices and media, and component parts for the tangible	59528
personal property. The exemption provided in this division shall	59529
be in lieu of all other exemptions under division (B)(42)(a) of	59530
this section to which the vendor may otherwise be entitled, based	59531
upon the use of the thing purchased in providing the	59532
telecommunications, mobile telecommunications, or satellite	59533
broadcasting service.	59534

(35)(a) Sales where the purpose of the consumer is to use or	59535
consume the things transferred in making retail sales and	59536
consisting of newspaper inserts, catalogues, coupons, flyers, gift	59537
certificates, or other advertising material that prices and	59538
describes tangible personal property offered for retail sale.	59539

(b) Sales to direct marketing vendors of preliminary	59540
materials such as photographs, artwork, and typesetting that will	59541
be used in printing advertising material; of printed matter that	59542
offers free merchandise or chances to win sweepstake prizes and	59543
that is mailed to potential customers with advertising material	59544
described in division (B)(35)(a) of this section; and of equipment	59545
such as telephones, computers, facsimile machines, and similar	59546
tangible personal property primarily used to accept orders for	59547
direct marketing retail sales.	59548

(c) Sales of automatic food vending machines that preserve	59549
food with a shelf life of forty-five days or less by refrigeration	59550
and dispense it to the consumer.	59551

For purposes of division (B)(35) of this section, "direct	59552
marketing" means the method of selling where consumers order	59553
tangible personal property by United States mail, delivery	59554
service, or telecommunication and the vendor delivers or ships the	59555
tangible personal property sold to the consumer from a warehouse,	59556
catalogue distribution center, or similar fulfillment facility by	59557
means of the United States mail, delivery service, or common	59558
carrier.	59559

(36) Sales to a person engaged in the business of	59560
horticulture or producing livestock of materials to be	59561
incorporated into a horticulture structure or livestock structure;	59562

(37) Sales of personal computers, computer monitors, computer	59563
keyboards, modems, and other peripheral computer equipment to an	59564
individual who is licensed or certified to teach in an elementary	59565
or a secondary school in this state for use by that individual in	59566
preparation for teaching elementary or secondary school students;	59567

(38) Sales to a professional racing team of any of the	59568
following:	59569

(a) Motor racing vehicles;

59570

(b) Repair services for motor racing vehicles;

59571

(c) Items of property that are attached to or incorporated in	59572
motor racing vehicles, including engines, chassis, and all other	59573
components of the vehicles, and all spare, replacement, and	59574
rebuilt parts or components of the vehicles; except not including	59575
tires, consumable fluids, paint, and accessories consisting of	59576
instrumentation sensors and related items added to the vehicle to	59577
collect and transmit data by means of telemetry and other forms of	59578
communication.	59579

(39) Sales of used manufactured homes and used mobile homes,	59580
as defined in section 5739.0210 of the Revised Code, made on or	59581
after January 1, 2000;	59582

(40) Sales of tangible personal property and services to a	59583
provider of electricity used or consumed directly and primarily in	59584
generating, transmitting, or distributing electricity for use by	59585
others, including property that is or is to be incorporated into	59586
and will become a part of the consumer's production, transmission,	59587
or distribution system and that retains its classification as	59588
tangible personal property after incorporation; fuel or power used	59589
in the production, transmission, or distribution of electricity;	59590
and tangible personal property and services used in the repair and	59591
maintenance of the production, transmission, or distribution	59592
system, including only those motor vehicles as are specially	59593
designed and equipped for such use. The exemption provided in this	59594
division shall be in lieu of all other exemptions in division	59595
(B)(42)(a) of this section to which a provider of electricity may	59596
otherwise be entitled based on the use of the tangible personal	59597
property or service purchased in generating, transmitting, or	59598
distributing electricity.	59599

(41) Sales to a person providing services under division	59600
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	59601
personal property and services used directly and primarily in	59602
providing taxable services under that section.	59603

(42) Sales where the purpose of the purchaser is to do any of	59604
the following:	59605

(a) To incorporate the thing transferred as a material or a	59606
part into tangible personal property to be produced for sale by	59607
manufacturing, assembling, processing, or refining; or to use or	59608
consume the thing transferred directly in producing tangible	59609
personal property for sale by mining, including, without	59610
limitation, the extraction from the earth of all substances that	59611
are classed geologically as minerals, production of crude oil and	59612
natural gas, farming, agriculture, horticulture, or floriculture,	59613
or directly in the rendition of a public utility service, except	59614
that the sales tax levied by this section shall be collected upon	59615
all meals, drinks, and food for human consumption sold when	59616
transporting persons. Persons engaged in rendering farming,	59617
agricultural, horticultural, or floricultural services, and	59618
services in the exploration for, and production of, crude oil and	59619
natural gas, for others are deemed engaged directly in farming,	59620
agriculture, horticulture, and floriculture, or exploration for,	59621
and production of, crude oil and natural gas. This paragraph does	59622
not exempt from "retail sale" or "sales at retail" the sale of	59623
tangible personal property that is to be incorporated into a	59624
structure or improvement to real property.	59625

(b) To hold the thing transferred as security for the	59626
performance of an obligation of the vendor;	59627

(c) To resell, hold, use, or consume the thing transferred as	59628
evidence of a contract of insurance;	59629

(d) To use or consume the thing directly in commercial	59630
fishing;	59631

(e) To incorporate the thing transferred as a material or a	59632
part into, or to use or consume the thing transferred directly in	59633
the production of, magazines distributed as controlled circulation	59634
publications;	59635

(f) To use or consume the thing transferred in the production	59636
and preparation in suitable condition for market and sale of	59637
printed, imprinted, overprinted, lithographic, multilithic,	59638
blueprinted, photostatic, or other productions or reproductions of	59639
written or graphic matter;	59640

(g) To use the thing transferred, as described in section	59641
5739.011 of the Revised Code, primarily in a manufacturing	59642
operation to produce tangible personal property for sale;	59643

(h) To use the benefit of a warranty, maintenance or service	59644
contract, or similar agreement, as described in division (B)(7) of	59645
section 5739.01 of the Revised Code, to repair or maintain	59646
tangible personal property, if all of the property that is the	59647
subject of the warranty, contract, or agreement would not be	59648
subject to the tax imposed by this section;	59649

(i) To use the thing transferred as qualified research and	59650
development equipment;	59651

(j) To use or consume the thing transferred primarily in	59652
storing, transporting, mailing, or otherwise handling purchased	59653
sales inventory in a warehouse, distribution center, or similar	59654
facility when the inventory is primarily distributed outside this	59655
state to retail stores of the person who owns or controls the	59656
warehouse, distribution center, or similar facility, to retail	59657
stores of an affiliated group of which that person is a member, or	59658
by means of direct marketing. This division does not apply to	59659
motor vehicles registered for operation on the public highways. As	59660
used in this division, "affiliated group" has the same meaning as	59661
in division (B)(3)(e) of section 5739.01 of the Revised Code and	59662
"direct marketing" has the same meaning as in division (B)(35) of	59663
this section.	59664

(k) To use or consume the thing transferred to fulfill a	59665
contractual obligation incurred by a warrantor pursuant to a	59666
warranty provided as a part of the price of the tangible personal	59667
property sold or by a vendor of a warranty, maintenance or service	59668
contract, or similar agreement the provision of which is defined	59669
as a sale under division (B)(7) of section 5739.01 of the Revised	59670
Code;	59671

(l) To use or consume the thing transferred in the production	59672
of a newspaper for distribution to the public;	59673

(m) To use tangible personal property to perform a service	59674
listed in division (B)(3) of section 5739.01 of the Revised Code,	59675
if the property is or is to be permanently transferred to the	59676
consumer of the service as an integral part of the performance of	59677
the service.	59678

As used in division (B)(42) of this section, "thing" includes	59679
all transactions included in divisions (B)(3)(a), (b), and (e) of	59680
section 5739.01 of the Revised Code.	59681

(43) Sales conducted through a coin operated device that	59682
activates vacuum equipment or equipment that dispenses water,	59683
whether or not in combination with soap or other cleaning agents	59684
or wax, to the consumer for the consumer's use on the premises in	59685
washing, cleaning, or waxing a motor vehicle, provided no other	59686
personal property or personal service is provided as part of the	59687
transaction.	59688

(44) Sales of replacement and modification parts for engines,	59689
airframes, instruments, and interiors in, and paint for, aircraft	59690
used primarily in a fractional aircraft ownership program, and	59691
sales of services for the repair, modification, and maintenance of	59692
such aircraft, and machinery, equipment, and supplies primarily	59693
used to provide those services.	59694

(45) Sales of telecommunications service that is used	59695
directly and primarily to perform the functions of a call center.	59696
As used in this division, "call center" means any physical	59697
location where telephone calls are placed or received in high	59698
volume for the purpose of making sales, marketing, customer	59699
service, technical support, or other specialized business	59700
activity, and that employs at least fifty individuals that engage	59701
in call center activities on a full-time basis, or sufficient	59702
individuals to fill fifty full-time equivalent positions.	59703

(46) Sales by a telecommunications service vendor of 900	59704
service to a subscriber. This division does not apply to	59705
information services, as defined in division (FF) of section	59706
5739.01 of the Revised Code.	59707

(47) Sales of value-added non-voice data service. This	59708
division does not apply to any similar service that is not	59709
otherwise a telecommunications service.	59710

(C) For the purpose of the proper administration of this	59711
chapter, and to prevent the evasion of the tax, it is presumed	59712
that all sales made in this state are subject to the tax until the	59713
contrary is established.	59714

(D) The levy of this tax on retail sales of recreation and	59715
sports club service shall not prevent a municipal corporation from	59716
levying any tax on recreation and sports club dues or on any	59717
income generated by recreation and sports club dues.	59718

(E) The tax collected by the vendor from the consumer under	59719
this chapter is not part of the price, but is a tax collection for	59720
the benefit of the state, and of counties levying an additional	59721
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	59722
Code and of transit authorities levying an additional sales tax	59723
pursuant to section 5739.023 of the Revised Code. Except for the	59724
discount authorized under section 5739.12 of the Revised Code and	59725
the effects of any rounding pursuant to section 5703.055 of the	59726
Revised Code, no person other than the state or such a county or	59727
transit authority shall derive any benefit from the collection or	59728
payment of the tax levied by this section or section 5739.021,	59729
5739.023, or 5739.026 of the Revised Code.	59730

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	59731
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	59732
5741.023 of the Revised Code, and except as otherwise provided in	59733
division (B) of this section, the tax due under this chapter on	59734
the sale of a motor vehicle required to be titled under Chapter	59735
4505. of the Revised Code by a motor vehicle dealer to a consumer	59736
that is a nonresident of this state shall be the lesser of the	59737
amount of tax that would be due under this chapter and Chapter	59738
5741. of the Revised Code if the total combined rate were six per	59739
cent, or the amount of tax that would be due, taking into	59740
consideration all applicable credits and exemptions, to the state	59741
in which the consumer titles or registers the motor vehicle or to	59742
which the consumer removes the vehicle for use.	59743

(B) No tax is due under this section, any other section of	59744
this chapter, or Chapter 5741. of the Revised Code under any of	59745
the following circumstances:	59746

(1)(a) The consumer intends to immediately remove the motor	59747
vehicle from this state for use outside this state;	59748

(b) Upon removal of the motor vehicle from this state, the	59749
consumer intends to title or register the vehicle in another state	59750
if such titling or registration is required;	59751

(c) The consumer executes an affidavit as required under	59752
division (C) of this section affirming the consumer's intentions	59753
under divisions (B)(1)(a) and (b) of this section; and	59754

(d) The state in which the consumer titles or registers the	59755
motor vehicle or to which the consumer removes the vehicle for use	59756
provides an exemption under circumstances substantially similar to	59757
those described in division (B)(1) of this section.	59758

(2) The state in which the consumer titles or registers the	59759
motor vehicle or to which the consumer removes the vehicle for use	59760
does not provide a credit against its sales or use tax or similar	59761
excise tax for sales or use tax paid to this state.	59762

(3) The state in which the consumer titles or registers the	59763
motor vehicle or to which the consumer removes the vehicle for use	59764
does not impose a sales or use tax or similar excise tax on the	59765
ownership or use of motor vehicles.	59766

(C) Any nonresident consumer that purchases a motor vehicle	59767
from a motor vehicle dealer in this state under the circumstances	59768
described in divisions (B)(1)(a) and (b) of this section shall	59769
execute an affidavit affirming the intentions described in those	59770
divisions. The affidavit shall be executed in triplicate and in	59771
the form specified by the tax commissioner. The affidavit shall be	59772
given to the motor vehicle dealer.	59773

A motor vehicle dealer that accepts in good faith an	59774
affidavit presented under this division by a nonresident consumer	59775
may rely upon the representations made in the affidavit.	59776

(D) A motor vehicle dealer making a sale subject to the tax	59777
under division (A) of this section shall collect the tax due	59778
unless the sale is subject to the exception under division (B) of	59779
this section or unless the sale is not otherwise subject to taxes	59780
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	59781
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	59782
the case of a sale under the circumstances described in division	59783
(B)(1) of this section, the dealer shall retain one copy of the	59784
affidavit and file the original and the other copy with the clerk	59785
of the court of common pleas. If tax is due under division (A) of	59786
this section, the dealer shall remit the tax collected to the	59787
clerk at the time the dealer obtains the Ohio certificate of title	59788
in the name of the consumer as required under section 4505.06 of	59789
the Revised Code. The clerk shall forward the original affidavit	59790
to the tax commissioner in the manner prescribed by the	59791
commissioner.	59792

Unless a sale is excepted from taxation under division (B) of	59793
this section, upon receipt of an application for certificate of	59794
title a clerk of the court of common pleas shall collect the sales	59795
tax due under division (A) of this section. The clerk shall remit	59796
the tax collected to the tax commissioner in the manner prescribed	59797
by the commissioner.	59798

(E) If a motor vehicle is purchased by a corporation	59799
described in division (B)(6) of section 5739.01 of the Revised	59800
Code, the state of residence of the consumer for the purposes of	59801
this section is the state of residence of the corporation's	59802
principal shareholder.	59803

(F) Any provision of this chapter or of Chapter 5741. of the	59804
Revised Code that is not inconsistent with this section applies to	59805
sales described in division (A) of this section.	59806

(G) As used in this section:

59807

(1) For the purposes of this section only, the sale or	59808
purchase of a motor vehicle does not include a lease or rental of	59809
a motor vehicle subject to division (A)(2) or (3) of section	59810
5739.02 or division (A)(2) or (3) of section 5741.02 of the	59811
Revised Code;	59812

(2) "State," except in reference to "this state," means any	59813
state, district, commonwealth, or territory of the United States.	59814

Sec. 5739.032. (A) If the total amount of tax required to be	59815
paid by a permit holder under section 5739.031 of the Revised Code	59816
for any calendar year equals or exceeds seventy-five thousand	59817
dollars, the permit holder shall remit each monthly tax payment in	59818
the second ensuing and each succeeding year by electronic funds	59819
transfer as prescribed by division (B) of this section.	59820

If a permit holder's tax payment for each of two consecutive	59821
years is less than seventy-five thousand dollars, the permit	59822
holder is relieved of the requirement to remit taxes by electronic	59823
funds transfer for the year that next follows the second of the	59824
consecutive years in which the tax payment is less than that	59825
amount, and is relieved of that requirement for each succeeding	59826
year, unless the tax payment in a subsequent year equals or	59827
exceeds seventy-five thousand dollars.	59828

The tax commissioner shall notify each permit holder required	59829
to remit taxes by electronic funds transfer of the permit holder's	59830
obligation to do so, shall maintain an updated list of those	59831
permit holders, and shall timely certify the list and any	59832
additions thereto or deletions therefrom to the treasurer of	59833
state. Failure by the tax commissioner to notify a permit holder	59834
subject to this section to remit taxes by electronic funds	59835
transfer does not relieve the permit holder of its obligation to	59836
remit taxes by electronic funds transfer.	59837

(B) Permit holders required by division (A) of this section	59838
to remit payments by electronic funds transfer shall remit such	59839
payments to the treasurer of state in the manner prescribed by	59840
this section and rules adopted by the treasurer of state under	59841
section 113.061 of the Revised Code, and ~~on or before the~~	59842
~~following dates~~as follows:	59843

(1) ~~On or before each of the fifteenth and twenty-fifth days~~	59844
~~of each month, a permit holder shall remit an amount equal to~~	59845
~~thirty-seven and one-half per cent of the permit holder's total~~	59846
~~tax liability for the same month in the preceding calendar year~~On	59847
or before the twenty-third day of each month, a permit holder	59848
shall remit an amount equal to seventy-five per cent of the	59849
anticipated tax liability for that month.	59850

(2) On or before the twenty-third day of each month, a permit	59851
holder shall report the taxes due for the previous month and shall	59852
remit that amount, less any amounts paid for that month as	59853
required by division (B)(1) of this section.	59854

The payment of taxes by electronic funds transfer does not	59855
affect a permit holder's obligation to file the monthly return as	59856
required under section 5739.031 of the Revised Code.	59857

(C) A permit holder required by this section to remit taxes	59858
by electronic funds transfer may apply to the treasurer of state	59859
in the manner prescribed by the treasurer of state to be excused	59860
from that requirement. The treasurer of state may excuse the	59861
permit holder from remittance by electronic funds transfer for	59862
good cause shown for the period of time requested by the permit	59863
holder or for a portion of that period. The treasurer of state	59864
shall notify the tax commissioner and the permit holder of the	59865
treasurer of state's decision as soon as is practicable.	59866

(D)(1)(a) If a permit holder that is required to remit	59867
payments under division (B) of this section fails to make a	59868
payment, or makes a payment under division (B)(1) of this section	59869
that is less than seventy-five per cent of the actual liability	59870
for that month, the commissioner may impose an additional charge	59871
not to exceed five per cent of that unpaid amount.	59872

(b) Division (D)(1)(a) of this section does not apply if the	59873
permit holder's payment under division (B)(1) of this section is	59874
equal to or greater than seventy-five per cent of the permit	59875
holder's reported liability for the same month in the immediately	59876
preceding calendar year.	59877

(2) If a permit holder required by this section to remit	59878
taxes by electronic funds transfer remits those taxes by some	59879
means other than by electronic funds transfer as prescribed by	59880
this section and the rules adopted by the treasurer of state, and	59881
the tax commissioner determines that such failure was not due to	59882
reasonable cause or was due to willful neglect, the commissioner	59883
may impose an additional charge not to exceed the lesser of five	59884
per cent of the amount of the taxes required to be paid by	59885
electronic funds transfer or five thousand dollars.	59886

(3) Any additional charge imposed under division (D)(1) or	59887
(2) of this section is in addition to any other penalty or charge	59888
imposed under this chapter, and shall be considered as revenue	59889
arising from taxes imposed under this chapter. An additional	59890
charge may be collected by assessment in the manner prescribed by	59891
section 5739.13 of the Revised Code. The tax commissioner may	59892
waive all or a portion of such a charge and may adopt rules	59893
governing such waiver.	59894

No additional charge shall be imposed under division (D)(2)	59895
of this section against a permit holder that has been notified of	59896
its obligation to remit taxes under this section and that remits	59897
its first two tax payments after such notification by some means	59898
other than electronic funds transfer. The additional charge may be	59899
imposed upon the remittance of any subsequent tax payment that the	59900
permit holder remits by some means other than electronic funds	59901
transfer.	59902

Sec. 5739.033. (A) Except as provided in division (B) of	59903
this section, divisions (C) to (I) of this section apply to sales	59904
made on and after ~~May 1, 2006. Sales made before May 1, 2006, are~~	59905
~~subject to section 5739.035 of the Revised Code. On and after~~	59906
~~January 1, 2005, any~~January 1, 2008. Any vendor ~~may~~previously	59907
required to comply with divisions (C) to (I) of this section and	59908
any vendor that irrevocably ~~elect~~elects to comply with divisions	59909
(C) to (I) of this section for all of the vendor's sales and	59910
places of business in this state shall continue to source its	59911
sales under those divisions.	59912

The amount of tax due pursuant to sections 5739.02, 5739.021,	59913
5739.023, and 5739.026 of the Revised Code is the sum of the taxes	59914
imposed pursuant to those sections at the sourcing location of the	59915
sale as determined under this section or, if applicable, under	59916
division (C) of section 5739.031 or section 5739.034 of the	59917
Revised Code, or at the situs of the sale as determined under	59918
section 5739.035 of the Revised Code. This section applies only to	59919
a vendor's or seller's obligation to collect and remit sales taxes	59920
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the	59921
Revised Code or use taxes under section 5741.02, 5741.021,	59922
5741.022, or 5741.023 of the Revised Code. Division (A) of this	59923
section does not apply in determining the jurisdiction for which	59924
sellers are required to collect the use tax under section 5741.05	59925
of the Revised Code. This section does not affect the obligation	59926
of a consumer to remit use taxes on the storage, use, or other	59927
consumption of tangible personal property or on the benefit	59928
realized of any service provided, to the jurisdiction of that	59929
storage, use, or consumption, or benefit realized.	59930

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

59931

(a) "Delivery sale" means the taxable sale of tangible	59932
personal property or a service that is received by a consumer, or	59933
a donee designated by the consumer, in a taxing jurisdiction that	59934
is not the taxing jurisdiction in which the vendor has a fixed	59935
place of business.	59936

(b) "Agreement" has the same meaning as in section 5740.01 of	59937
the Revised Code.	59938

(c) "Governing board" has the same meaning as in section	59939
5740.02 of the Revised Code.	59940

(2)~~(a) A~~If the tax commissioner does not make the	59941
certification under section 5740.10 of the Revised Code, a vendor	59942
that is not required by division (A) of this section to situs	59943
sales under divisions (C) to (I) of this section on the date of	59944
the commissioner's certification may continue after that date to	59945
situs its sales under section 5739.035 of the Revised Code unless	59946
it is required, under division (B)(5) of this section, to situs	59947
its sales under divisions (C) to (I) of this section.	59948

(3) Except as otherwise provided in divisions (B)(4) and (5)	59949
of this section, a vendor with total delivery sales within this	59950
state in prior calendar ~~year 2005 that are~~years, beginning with	59951
calendar year 2007, of less than ~~thirty million~~five hundred	59952
thousand dollars may ~~continue to~~ situs its sales under section	59953
5739.035 of the Revised Code ~~from May 1, 2006, through April 30,~~	59954
~~2007, except that, if the tax commissioner does not enter a~~	59955
~~determination in the commissioner's journal under division~~	59956
~~(B)(2)(b) of this section, those dates shall be May 1, 2006,~~	59957
~~through December 31, 2007.~~	59958

~~(b) On or before February 1, 2007, the tax commissioner shall~~	59959
~~determine whether certified service provider services are being~~	59960
~~provided by the governing board of the streamlined sales and use~~	59961
~~tax agreement for all delivery sales. If the commissioner~~	59962
~~determines that such services are being so provided, the~~	59963
~~commissioner shall enter the determination in the commissioner's~~	59964
~~journal and shall provide notice of the determination on the~~	59965
~~department of taxation's official internet web site. If the~~	59966
~~commissioner makes such an entry in the journal, then a vendor~~	59967
~~with total delivery sales in calendar year 2006 that are less than~~	59968
~~five million dollars may continue to situs its sales under section~~	59969
~~5739.035 of the Revised Code from May 1, 2007, through December~~	59970
~~31, 2007.~~	59971

~~(3) Beginning January 1, 2008, all vendors shall source their~~	59972
~~sales under divisions (C) to (I) of this section~~.	59973

(4) Once a vendor has total delivery sales ~~that exceed the~~	59974
~~dollar amount in division (B)(2)(a) or (b) of this section~~in this	59975
state of five hundred thousand dollars or more for a prior	59976
calendar year, the vendor shall source its sales under divisions	59977
(C) to (I) of this section and shall continue to source its sales	59978
under those divisions, regardless of the amount of the vendor's	59979
total delivery sales in future years.	59980

(5) A vendor permitted under division (B)(3) of this section	59981
to situs its sales under section 5739.035 of the Revised Code that	59982
fails to provide, absent a clerical error, the notices required	59983
under division (I)(1) of section 5739.035 of the Revised Code	59984
shall situs all subsequent sales as required under divisions (C)	59985
to (I) of this section.	59986

(C) Except for sales, other than leases, of titled motor	59987
vehicles, titled watercraft, or titled outboard motors as provided	59988
in section 5741.05 of the Revised Code, or as otherwise provided	59989
in this section and section 5739.034 of the Revised Code, all	59990
sales shall be sourced as follows:	59991

(1) If the consumer or a donee designated by the consumer	59992
receives tangible personal property or a service at a vendor's	59993
place of business, the sale shall be sourced to that place of	59994
business.	59995

(2) When the tangible personal property or service is not	59996
received at a vendor's place of business, the sale shall be	59997
sourced to the location known to the vendor where the consumer or	59998
the donee designated by the consumer receives the tangible	59999
personal property or service, including the location indicated by	60000
instructions for delivery to the consumer or the consumer's donee.	60001

(3) If divisions (C)(1) and (2) of this section do not apply,	60002
the sale shall be sourced to the location indicated by an address	60003
for the consumer that is available from the vendor's business	60004
records that are maintained in the ordinary course of the	60005
vendor's business, when use of that address does not constitute	60006
bad faith.	60007

(4) If divisions (C)(1), (2), and (3) of this section do not	60008
apply, the sale shall be sourced to the location indicated by an	60009
address for the consumer obtained during the consummation of the	60010
sale, including the address associated with the consumer's payment	60011
instrument, if no other address is available, when use of that	60012
address does not constitute bad faith.	60013

(5) If divisions (C)(1), (2), (3), and (4) of this section do	60014
not apply, including in the circumstance where the vendor is	60015
without sufficient information to apply any of those divisions,	60016
the sale shall be sourced to the address from which tangible	60017
personal property was shipped, or from which the service was	60018
provided, disregarding any location that merely provided the	60019
electronic transfer of the property sold or service provided.	60020

(6) As used in division (C) of this section, "receive" means	60021
taking possession of tangible personal property or making first	60022
use of a service. "Receive" does not include possession by a	60023
shipping company on behalf of a consumer.	60024

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	60025
section, a business consumer that is not a holder of a direct	60026
payment permit granted under section 5739.031 of the Revised Code,	60027
that purchases a digital good, computer software, except computer	60028
software received in person by a business consumer at a vendor's	60029
place of business, or a service, and that knows at the time of	60030
purchase that such digital good, software, or service will be	60031
concurrently available for use in more than one taxing	60032
jurisdiction shall deliver to the vendor in conjunction with its	60033
purchase an exemption certificate claiming multiple points of use,	60034
or shall meet the requirements of division (D)(2) of this section.	60035
On receipt of the exemption certificate claiming multiple points	60036
of use, the vendor is relieved of its obligation to collect, pay,	60037
or remit the tax due, and the business consumer must pay the tax	60038
directly to the state.	60039

(b) A business consumer that delivers the exemption	60040
certificate claiming multiple points of use to a vendor may use	60041
any reasonable, consistent, and uniform method of apportioning the	60042
tax due on the digital good, computer software, or service that is	60043
supported by the consumer's business records as they existed at	60044
the time of the sale. The business consumer shall report and pay	60045
the appropriate tax to each jurisdiction where concurrent use	60046
occurs. The tax due shall be calculated as if the apportioned	60047
amount of the digital good, computer software, or service had been	60048
delivered to each jurisdiction to which the sale is apportioned	60049
under this division.	60050

(c) The exemption certificate claiming multiple points of use	60051
shall remain in effect for all future sales by the vendor to the	60052
business consumer until it is revoked in writing by the business	60053
consumer, except as to the business consumer's specific	60054
apportionment of a subsequent sale under division (D)(1)(b) of	60055
this section and the facts existing at the time of the sale.	60056

(2) When the vendor knows that a digital good, computer	60057
software, or service sold will be concurrently available for use	60058
by the business consumer in more than one jurisdiction, but the	60059
business consumer does not provide an exemption certificate	60060
claiming multiple points of use as required by division (D)(1) of	60061
this section, the vendor may work with the business consumer to	60062
produce the correct apportionment. Governed by the principles of	60063
division (D)(1)(b) of this section, the vendor and business	60064
consumer may use any reasonable, but consistent and uniform,	60065
method of apportionment that is supported by the vendor's and	60066
business consumer's books and records as they exist at the time	60067
the sale is reported for purposes of the taxes levied under this	60068
chapter. If the business consumer certifies to the accuracy of the	60069
apportionment and the vendor accepts the certification, the vendor	60070
shall collect and remit the tax accordingly. In the absence of bad	60071
faith, the vendor is relieved of any further obligation to collect	60072
tax on any transaction where the vendor has collected tax pursuant	60073
to the information certified by the business consumer.	60074

(3) When the vendor knows that the digital good, computer	60075
software, or service will be concurrently available for use in	60076
more than one jurisdiction, and the business consumer does not	60077
have a direct pay permit and does not provide to the vendor an	60078
exemption certificate claiming multiple points of use as required	60079
in division (D)(1) of this section, or certification pursuant to	60080
division (D)(2) of this section, the vendor shall collect and	60081
remit the tax based on division (C) of this section.	60082

(4) Nothing in this section shall limit a person's obligation	60083
for sales or use tax to any state in which a digital good,	60084
computer software, or service is concurrently available for use,	60085
nor limit a person's ability under local, state, or federal law,	60086
to claim a credit for sales or use taxes legally due and paid to	60087
other jurisdictions.	60088

(E) A person who holds a direct payment permit issued under	60089
section 5739.031 of the Revised Code is not required to deliver an	60090
exemption certificate claiming multiple points of use to a vendor.	60091
But such permit holder shall comply with division (D)(2) of this	60092
section in apportioning the tax due on a digital good, computer	60093
software, or a service for use in business that will be	60094
concurrently available for use in more than one taxing	60095
jurisdiction.	60096

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	60097
section, the consumer of direct mail that is not a holder of a	60098
direct payment permit shall provide to the vendor in conjunction	60099
with the sale either an exemption certificate claiming direct mail	60100
prescribed by the tax commissioner, or information to show the	60101
jurisdictions to which the direct mail is delivered to recipients.	60102

(2) Upon receipt of such exemption certificate, the vendor is	60103
relieved of all obligations to collect, pay, or remit the	60104
applicable tax and the consumer is obligated to pay that tax on a	60105
direct pay basis. An exemption certificate claiming direct mail	60106
shall remain in effect for all future sales of direct mail by the	60107
vendor to the consumer until it is revoked in writing.	60108

(3) Upon receipt of information from the consumer showing the	60109
jurisdictions to which the direct mail is delivered to recipients,	60110
the vendor shall collect the tax according to the delivery	60111
information provided by the consumer. In the absence of bad faith,	60112
the vendor is relieved of any further obligation to collect tax on	60113
any transaction where the vendor has collected tax pursuant to the	60114
delivery information provided by the consumer.	60115

(4) If the consumer of direct mail does not have a direct	60116
payment permit and does not provide the vendor with either an	60117
exemption certificate claiming direct mail or delivery information	60118
as required by division (F)(1) of this section, the vendor shall	60119
collect the tax according to division (C)(5) of this section.	60120
Nothing in division (F)(4) of this section shall limit a	60121
consumer's obligation to pay sales or use tax to any state to	60122
which the direct mail is delivered.	60123

(5) If a consumer of direct mail provides the vendor with	60124
documentation of direct payment authority, the consumer shall not	60125
be required to provide an exemption certificate claiming direct	60126
mail or delivery information to the vendor.	60127

(G) If the vendor provides lodging to transient guests as	60128
specified in division (B)(2) of section 5739.01 of the Revised	60129
Code, the sale shall be sourced to the location where the lodging	60130
is located.	60131

(H)(1) As used in this division and division (I) of this	60132
section, "transportation equipment" means any of the following:	60133

(a) Locomotives and railcars that are utilized for the	60134
carriage of persons or property in interstate commerce.	60135

(b) Trucks and truck-tractors with a gross vehicle weight	60136
rating of greater than ten thousand pounds, trailers,	60137
semi-trailers, or passenger buses that are registered through the	60138
international registration plan and are operated under authority	60139
of a carrier authorized and certificated by the United States	60140
department of transportation or another federal authority to	60141
engage in the carriage of persons or property in interstate	60142
commerce.	60143

(c) Aircraft that are operated by air carriers authorized and	60144
certificated by the United States department of transportation or	60145
another federal authority to engage in the carriage of persons or	60146
property in interstate or foreign commerce.	60147

(d) Containers designed for use on and component parts	60148
attached to or secured on the items set forth in division	60149
(H)(1)(a), (b), or (c) of this section.	60150

(2) A sale, lease, or rental of transportation equipment	60151
shall be sourced pursuant to division (C) of this section.	60152

(I)(1) A lease or rental of tangible personal property that	60153
does not require recurring periodic payments shall be sourced	60154
pursuant to division (C) of this section.	60155

(2) A lease or rental of tangible personal property that	60156
requires recurring periodic payments shall be sourced as follows:	60157

(a) In the case of a motor vehicle, other than a motor	60158
vehicle that is transportation equipment, or an aircraft, other	60159
than an aircraft that is transportation equipment, such lease or	60160
rental shall be sourced as follows:	60161

(i) An accelerated tax payment on a lease or rental taxed	60162
pursuant to division (A)(2) of section 5739.02 of the Revised Code	60163
shall be sourced to the primary property location at the time the	60164
lease or rental is consummated. Any subsequent taxable charges on	60165
the lease or rental shall be sourced to the primary property	60166
location for the period in which the charges are incurred.	60167

(ii) For a lease or rental taxed pursuant to division (A)(3)	60168
of section 5739.02 of the Revised Code, each lease or rental	60169
installment shall be sourced to the primary property location for	60170
the period covered by the installment.	60171

(b) In the case of a lease or rental of all other tangible	60172
personal property, other than transportation equipment, such lease	60173
or rental shall be sourced as follows:	60174

(i) An accelerated tax payment on a lease or rental that is	60175
taxed pursuant to division (A)(2) of section 5739.02 of the	60176
Revised Code shall be sourced pursuant to division (C) of this	60177
section at the time the lease or rental is consummated. Any	60178
subsequent taxable charges on the lease or rental shall be sourced	60179
to the primary property location for the period in which the	60180
charges are incurred.	60181

(ii) For a lease or rental that is taxed pursuant to division	60182
(A)(3) of section 5739.02 of the Revised Code, the initial lease	60183
or rental installment shall be sourced pursuant to division (C) of	60184
this section. Each subsequent installment shall be sourced to the	60185
primary property location for the period covered by the	60186
installment.	60187

(3) As used in division (I) of this section, "primary	60188
property location" means an address for tangible personal property	60189
provided by the lessee or renter that is available to the lessor	60190
or owner from its records maintained in the ordinary course of	60191
business, when use of that address does not constitute bad faith.	60192

Sec. 5739.035. This section only applies to sales that ~~are~~	60193
~~required to~~may be sitused under this section pursuant to division	60194
~~(A) or~~ (B) of section 5739.033 of the Revised Code.	60195

(A) Except as otherwise provided in this section, the situs	60196
of all sales is the vendor's place of business.	60197

(1) If the consumer or the consumer's agent takes possession	60198
of the tangible personal property at a place of business of the	60199
vendor where the purchase contract or agreement was made, the	60200
situs of the sale is that place of business.	60201

(2) If the consumer or the consumer's agent takes possession	60202
of the tangible personal property other than at a place of	60203
business of the vendor, or takes possession at a warehouse or	60204
similar facility of the vendor, the situs of the sale is the	60205
vendor's place of business where the purchase contract or	60206
agreement was made or the purchase order was received.	60207

(3) If the vendor provides a service specified in division	60208
(B)(3)(a), (b), (c), (d), (n), (o), (q), (r), or (s) of section	60209
5739.01 or makes a sale specified in division (B)(8) of section	60210
5739.01 of the Revised Code, the situs of the sale is the vendor's	60211
place of business where the service is performed or the contract	60212
or agreement for the service was made or the purchase order was	60213
received.	60214

(B) If the vendor is a transient vendor as specified in	60215
division (B) of section 5739.17 of the Revised Code, the situs of	60216
the sale is the vendor's temporary place of business or, if the	60217
transient vendor is the lessor of titled motor vehicles, titled	60218
watercraft, or titled outboard motors, at the location where the	60219
lessee keeps the leased property.	60220

(C) If the vendor makes sales of tangible personal property	60221
from a stock of goods carried in a motor vehicle, from which the	60222
purchaser makes selection and takes possession, or from which the	60223
vendor sells tangible personal property the quantity of which has	60224
not been determined prior to the time the purchaser takes	60225
possession, the situs of the sale is the location of the motor	60226
vehicle when the sale is made.	60227

(D) If the vendor is a delivery vendor as specified in	60228
division (D) of section 5739.17 of the Revised Code, the situs of	60229
the sale is the place where the tangible personal property is	60230
delivered, where the leased property is used, or where the service	60231
is performed or received.	60232

(E) If the vendor provides a service specified in division	60233
(B)(3)(e), (g), (h), (j), (k), (l), (m), (p), or (t) of section	60234
5739.01 of the Revised Code, the situs of the sale is the location	60235
of the consumer where the service is performed or received.	60236

(F) If the vendor provides lodging to transient guests as	60237
specified in division (B)(2) of section 5739.01 of the Revised	60238
Code, the situs of the sale is the location where the lodging is	60239
located.	60240

(G) If the vendor sells a warranty, maintenance or service	60241
contract, or similar agreement as specified in division (B)(7) of	60242
section 5739.01 of the Revised Code and the vendor is a delivery	60243
vendor, the situs of the sale is the location of the consumer. If	60244
the vendor is not a delivery vendor, the situs of the sale is the	60245
vendor's place of business where the contract or agreement was	60246
made, unless the warranty or contract is a component of the sale	60247
of a titled motor vehicle, titled watercraft, or titled outboard	60248
motor, in which case the situs of the sale is the county of	60249
titling.	60250

(H) Except as otherwise provided in this division, if the	60251
vendor sells a prepaid authorization number or a prepaid telephone	60252
calling card, the situs of the sale is the vendor's place of	60253
business and shall be taxed at the time of sale. If the vendor	60254
sells a prepaid authorization number or prepaid telephone calling	60255
card through a telephone call, electronic commerce, or any other	60256
form of remote commerce, the situs of the sale is the consumer's	60257
shipping address, or, if there is no item shipped, at the	60258
consumer's billing address.	60259

(I) Division (I) of this section applies only if the tax	60260
commissioner makes the certification provided under section	60261
5740.10 of the Revised Code.	60262

(1) In each delivery sale by a vendor permitted to situs its	60263
sales under this section, the vendor shall clearly indicate on	60264
the invoice or other similar document provided to the purchaser	60265
at the time of the sale that the vendor is a vendor permitted to	60266
situs its sales under this section.	60267

(2) A purchaser that receives tangible personal property or	60268
services in a delivery sale from a vendor permitted to situs its	60269
sales under this section may claim a refund of the tax the vendor	60270
collected and remitted on the sale in an amount equal to the	60271
excess of the tax collected and remitted over the tax that would	60272
have been due if the sale had been sitused to the tax jurisdiction	60273
in which the purchaser received the property or service.	60274

A refund is authorized under this division only if the	60275
invoice or other similar document provided to the purchaser at the	60276
time of the sale includes the notice required under division	60277
(I)(1) of this section.	60278

Refunds shall be filed directly with the tax commissioner and	60279
claimed in the manner prescribed by section 5739.07 of the	60280
Revised Code.	60281

(3) A purchaser of tangible personal property from a vendor	60282
permitted to situs its sales under this section that removes the	60283
property from the tax jurisdiction in which the resident received	60284
the property is liable for additional tax in an amount equal to	60285
the excess of the tax that would have been due on the sale if the	60286
sale had been sitused to the tax jurisdiction to which the	60287
purchaser removed the property over the tax that the vendor	60288
collected and remitted on the sale.	60289

(4) Nothing in this section relieves a person claiming to be	60290
authorized to situs sales under this section, but not so	60291
authorized, from liability for tax, penalty, interest, or	60292
additional charges imposed under this chapter for failure to	60293
collect the amount of tax lawfully due applying the situsing	60294
provisions of divisions (C) to (I) of section 5739.033 of the	60295
Revised Code.	60296

(5) For the purposes of division (I) of this section,	60297
"delivery sale" has the same meaning as in section 5739.033 of the	60298
Revised Code, and "tax jurisdiction" has the same meaning as in	60299
section 5739.24 of the Revised Code.	60300

Sec. 5739.09. (A)(1) A board of county commissioners may, by	60301
resolution adopted by a majority of the members of the board, levy	60302
an excise tax not to exceed three per cent on transactions by	60303
which lodging by a hotel is or is to be furnished to transient	60304
guests. The board shall establish all regulations necessary to	60305
provide for the administration and allocation of the tax. The	60306
regulations may prescribe the time for payment of the tax, and may	60307
provide for the imposition of a penalty or interest, or both, for	60308
late payments, provided that the penalty does not exceed ten per	60309
cent of the amount of tax due, and the rate at which interest	60310
accrues does not exceed the rate per annum prescribed pursuant to	60311
section 5703.47 of the Revised Code. Except as provided in	60312
divisions (A)(2), (3), (4), ~~and~~ (5), (6), and (7) of this section,	60313
the regulations shall provide, after deducting the real and actual	60314
costs of administering the tax, for the return to each municipal	60315
corporation or township that does not levy an excise tax on the	60316
transactions, a uniform percentage of the tax collected in the	60317
municipal corporation or in the unincorporated portion of the	60318
township from each transaction, not to exceed thirty-three and	60319
one-third per cent. The remainder of the revenue arising from the	60320
tax shall be deposited in a separate fund and shall be spent	60321
solely to make contributions to the convention and visitors'	60322
bureau operating within the county, including a pledge and	60323
contribution of any portion of the remainder pursuant to an	60324
agreement authorized by section 307.695 of the Revised Code,	60325
provided that if the board of county commissioners of an eligible	60326
county as defined in section 307.695 of the Revised Code adopts a	60327
resolution amending a resolution levying a tax under this division	60328
to provide that the revenue from the tax shall be used by the	60329
board as described in division (H) of section 307.695 of the	60330
Revised Code, the remainder of the revenue shall be used as	60331
described in the resolution making that amendment. Except as	60332
provided in division (A)(2), (3), (4), or (5), (6), or (7) or (H)	60333
of this section, on and after May 10, 1994, a board of county	60334
commissioners may not levy an excise tax pursuant to this division	60335
in any municipal corporation or township located wholly or partly	60336
within the county that has in effect an ordinance or resolution	60337
levying an excise tax pursuant to division (B) of this section.	60338
The board of a county that has levied a tax under division (C) of	60339
this section may, by resolution adopted within ninety days after	60340
July 15, 1985, by a majority of the members of the board, amend	60341
the resolution levying a tax under this division to provide for a	60342
portion of that tax to be pledged and contributed in accordance	60343
with an agreement entered into under section 307.695 of the	60344
Revised Code. A tax, any revenue from which is pledged pursuant to	60345
such an agreement, shall remain in effect at the rate at which it	60346
is imposed for the duration of the period for which the revenue	60347
from the tax has been so pledged.	60348

The board of county commissioners of an eligible county as	60349
defined in section 307.695 of the Revised Code may, by resolution	60350
adopted by a majority of the members of the board, amend a	60351
resolution levying a tax under this division to provide that the	60352
revenue from the tax shall be used by the board as described in	60353
division (H) of section 307.695 of the Revised Code, in which case	60354
the tax shall remain in effect at the rate at which it was imposed	60355
for the duration of any agreement entered into by the board under	60356
section 307.695 of the Revised Code, the duration during which any	60357
securities issued by the board under that section are outstanding,	60358
or the duration of the period during which the board owns a	60359
project as defined in section 307.695 of the Revised Code,	60360
whichever duration is longest.	60361

(2) A board of county commissioners that levies an excise tax	60362
under division (A)(1) of this section on June 30, 1997, at a rate	60363
of three per cent, and that has pledged revenue from the tax to an	60364
agreement entered into under section 307.695 of the Revised Code	60365
or, in the case of the board of county commissioners of an	60366
eligible county as defined in section 307.695 of the Revised Code,	60367
has amended a resolution levying a tax under division (C) of this	60368
section to provide that proceeds from the tax shall be used by the	60369
board as described in division (H) of section 307.695 of the	60370
Revised Code, may, at any time by a resolution adopted by a	60371
majority of the members of the board, amend the resolution levying	60372
a tax under division (A)(1) of this section to provide for an	60373
increase in the rate of that tax up to seven per cent on each	60374
transaction; to provide that revenue from the increase in the rate	60375
shall be used as described in division (H) of section 307.695 of	60376
the Revised Code or be spent solely to make contributions to the	60377
convention and visitors' bureau operating within the county to be	60378
used specifically for promotion, advertising, and marketing of the	60379
region in which the county is located; and to provide that the	60380
rate in excess of the three per cent levied under division (A)(1)	60381
of this section shall remain in effect at the rate at which it is	60382
imposed for the duration of the period during which any agreement	60383
is in effect that was entered into under section 307.695 of the	60384
Revised Code by the board of county commissioners levying a tax	60385
under division (A)(1) of this section, the duration of the period	60386
during which any securities issued by the board under division (I)	60387
of section 307.695 of the Revised Code are outstanding, or the	60388
duration of the period during which the board owns a project as	60389
defined in section 307.695 of the Revised Code, whichever duration	60390
is longest. The amendment also shall provide that no portion of	60391
that revenue need be returned to townships or municipal	60392
corporations as would otherwise be required under division (A)(1)	60393
of this section.	60394

(3) A board of county commissioners that levies a tax under	60395
division (A)(1) of this section on March 18, 1999, at a rate of	60396
three per cent may, by resolution adopted not later than	60397
forty-five days after March 18, 1999, amend the resolution levying	60398
the tax to provide for all of the following:	60399

(a) That the rate of the tax shall be increased by not more	60400
than an additional four per cent on each transaction;	60401

(b) That all of the revenue from the increase in the rate	60402
shall be pledged and contributed to a convention facilities	60403
authority established by the board of county commissioners under	60404
Chapter 351. of the Revised Code on or before November 15, 1998,	60405
and used to pay costs of constructing, maintaining, operating, and	60406
promoting a facility in the county, including paying bonds, or	60407
notes issued in anticipation of bonds, as provided by that	60408
chapter;	60409

(c) That no portion of the revenue arising from the increase	60410
in rate need be returned to municipal corporations or townships as	60411
otherwise required under division (A)(1) of this section;	60412

(d) That the increase in rate shall not be subject to	60413
diminution by initiative or referendum or by law while any bonds,	60414
or notes in anticipation of bonds, issued by the authority under	60415
Chapter 351. of the Revised Code to which the revenue is pledged,	60416
remain outstanding in accordance with their terms, unless	60417
provision is made by law or by the board of county commissioners	60418
for an adequate substitute therefor that is satisfactory to the	60419
trustee if a trust agreement secures the bonds.	60420

Division (A)(3) of this section does not apply to the board	60421
of county commissioners of any county in which a convention center	60422
or facility exists or is being constructed on November 15, 1998,	60423
or of any county in which a convention facilities authority levies	60424
a tax pursuant to section 351.021 of the Revised Code on that	60425
date.	60426

As used in division (A)(3) of this section, "cost" and	60427
"facility" have the same meanings as in section 351.01 of the	60428
Revised Code, and "convention center" has the same meaning as in	60429
section 307.695 of the Revised Code.	60430

(4) A board of county commissioners that levies a tax under	60431
division (A)(1) of this section on June 30, 2002, at a rate of	60432
three per cent may, by resolution adopted not later than September	60433
30, 2002, amend the resolution levying the tax to provide for all	60434
of the following:	60435

(a) That the rate of the tax shall be increased by not more	60436
than an additional three and one-half per cent on each	60437
transaction;	60438

(b) That all of the revenue from the increase in rate shall	60439
be pledged and contributed to a convention facilities authority	60440
established by the board of county commissioners under Chapter	60441
351. of the Revised Code on or before May 15, 2002, and be used to	60442
pay costs of constructing, expanding, maintaining, operating, or	60443
promoting a convention center in the county, including paying	60444
bonds, or notes issued in anticipation of bonds, as provided by	60445
that chapter;	60446

(c) That no portion of the revenue arising from the increase	60447
in rate need be returned to municipal corporations or townships as	60448
otherwise required under division (A)(1) of this section;	60449

(d) That the increase in rate shall not be subject to	60450
diminution by initiative or referendum or by law while any bonds,	60451
or notes in anticipation of bonds, issued by the authority under	60452
Chapter 351. of the Revised Code to which the revenue is pledged,	60453
remain outstanding in accordance with their terms, unless	60454
provision is made by law or by the board of county commissioners	60455
for an adequate substitute therefor that is satisfactory to the	60456
trustee if a trust agreement secures the bonds.	60457

As used in division (A)(4) of this section, "cost" has the	60458
same meaning as in section 351.01 of the Revised Code, and	60459
"convention center" has the same meaning as in section 307.695 of	60460
the Revised Code.	60461

(5)(a) As used in division (A)(5) of this section:

60462

(i) "Port authority" means a port authority created under	60463
Chapter 4582. of the Revised Code.	60464

(ii) "Port authority military-use facility" means port	60465
authority facilities on which or adjacent to which is located an	60466
installation of the armed forces of the United States, a reserve	60467
component thereof, or the national guard and at least part of	60468
which is made available for use, for consideration, by the armed	60469
forces of the United States, a reserve component thereof, or the	60470
national guard.	60471

(b) For the purpose of contributing revenue to pay operating	60472
expenses of a port authority that operates a port authority	60473
military-use facility, the board of county commissioners of a	60474
county that created, participated in the creation of, or has	60475
joined such a port authority may do one or both of the following:	60476

(i) Amend a resolution previously adopted under division	60477
(A)(1) of this section to designate some or all of the revenue	60478
from the tax levied under the resolution to be used for that	60479
purpose, notwithstanding that division;	60480

(ii) Amend a resolution previously adopted under division	60481
(A)(1) of this section to increase the rate of the tax by not more	60482
than an additional two per cent and use the revenue from the	60483
increase exclusively for that purpose.	60484

(c) If a board of county commissioners amends a resolution to	60485
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	60486
of this section, the board also may amend the resolution to	60487
specify that the increase in rate of the tax does not apply to	60488
"hotels," as otherwise defined in section 5739.01 of the Revised	60489
Code, having fewer rooms used for the accommodation of guests than	60490
a number of rooms specified by the board.	60491

(6) A board of county commissioners of a county organized	60492
under a county charter adopted pursuant to Article X, Section 3,	60493
Ohio Constitution, and that levies an excise tax under division	60494
(A)(1) of this section at a rate of three per cent and levies an	60495
additional excise tax under division (E) of this section at a rate	60496
of one and one-half per cent may, by resolution adopted not later	60497
than January 1, 2008, by a majority of the members of the board,	60498
amend the resolution levying a tax under division (A)(1) of this	60499
section to provide for an increase in the rate of that tax by not	60500
more than an additional one per cent on transactions by which	60501
lodging by a hotel is or is to be furnished to transient guests.	60502
Notwithstanding divisions (A)(1) and (E) of this section, the	60503
resolution shall provide that all of the revenue from the increase	60504
in rate, after deducting the real and actual costs of	60505
administering the tax, shall be used to pay the costs of	60506
improving, expanding, equipping, financing, or operating a	60507
convention center by a convention and visitors' bureau in the	60508
county. The increase in rate shall remain in effect for the period	60509
specified in the resolution, not to exceed ten years. The increase	60510
in rate shall be subject to the regulations adopted under division	60511
(A)(1) of this section, except that the resolution may provide	60512
that no portion of the revenue from the increase in the rate shall	60513
be returned to townships or municipal corporations as would	60514
otherwise be required under that division.	60515

(7) Division (A)(7) of this section applies only to a county	60516
with a population greater than sixty-five thousand and less than	60517
seventy thousand according to the most recent federal decennial	60518
census and in which, on December 31, 2006, an excise tax is levied	60519
under division (A)(1) of this section at a rate not less than and	60520
not greater than three per cent, and in which the most recent	60521
increase in the rate of that tax was enacted or took effect in	60522
November 1984.	60523

The board of county commissioners of a county to which this	60524
division applies, by resolution adopted by a majority of the	60525
members of the board, may increase the rate of the tax by not more	60526
than one per cent on transactions by which lodging by a hotel is	60527
or is to be furnished to transient guests. The increase in rate	60528
shall be for the purpose of paying expenses deemed necessary by	60529
the convention and visitors' bureau operating in the county to	60530
promote travel and tourism. The increase in rate shall remain in	60531
effect for the period specified in the resolution, not to exceed	60532
twenty years, provided that the increase in rate may not continue	60533
beyond the time when the purpose for which the increase is levied	60534
ceases to exist. If revenue from the increase in rate is pledged	60535
to the payment of debt charges on securities, the increase in rate	60536
is not subject to diminution by initiative or referendum or by law	60537
for so long as the securities are outstanding, unless provision is	60538
made by law or by the board of county commissioners for an	60539
adequate substitute for that revenue that is satisfactory to the	60540
trustee if a trust agreement secures payment of the debt charges.	60541
The increase in rate shall be subject to the regulations adopted	60542
under division (A)(1) of this section, except that the resolution	60543
may provide that no portion of the revenue from the increase in	60544
the rate shall be returned to townships or municipal corporations	60545
as would otherwise be required under division (A)(1) of this	60546
section. A resolution adopted under division (A)(7) of this	60547
section is subject to referendum under sections 305.31 to 305.99	60548
of the Revised Code.	60549

(B)(1) The legislative authority of a municipal corporation	60550
or the board of trustees of a township that is not wholly or	60551
partly located in a county that has in effect a resolution levying	60552
an excise tax pursuant to division (A)(1) of this section may, by	60553
ordinance or resolution, levy an excise tax not to exceed three	60554
per cent on transactions by which lodging by a hotel is or is to	60555
be furnished to transient guests. The legislative authority of the	60556
municipal corporation or the board of trustees of the township	60557
shall deposit at least fifty per cent of the revenue from the tax	60558
levied pursuant to this division into a separate fund, which shall	60559
be spent solely to make contributions to convention and visitors'	60560
bureaus operating within the county in which the municipal	60561
corporation or township is wholly or partly located, and the	60562
balance of that revenue shall be deposited in the general fund.	60563
The municipal corporation or township shall establish all	60564
regulations necessary to provide for the administration and	60565
allocation of the tax. The regulations may prescribe the time for	60566
payment of the tax, and may provide for the imposition of a	60567
penalty or interest, or both, for late payments, provided that the	60568
penalty does not exceed ten per cent of the amount of tax due, and	60569
the rate at which interest accrues does not exceed the rate per	60570
annum prescribed pursuant to section 5703.47 of the Revised Code.	60571
The levy of a tax under this division is in addition to any tax	60572
imposed on the same transaction by a municipal corporation or a	60573
township as authorized by division (A) of section 5739.08 of the	60574
Revised Code.	60575

(2) The legislative authority of the most populous municipal	60576
corporation located wholly or partly in a county in which the	60577
board of county commissioners has levied a tax under division	60578
(A)(4) of this section may amend, on or before September 30, 2002,	60579
that municipal corporation's ordinance or resolution that levies	60580
an excise tax on transactions by which lodging by a hotel is or is	60581
to be furnished to transient guests, to provide for all of the	60582
following:	60583

(a) That the rate of the tax shall be increased by not more	60584
than an additional one per cent on each transaction;	60585

(b) That all of the revenue from the increase in rate shall	60586
be pledged and contributed to a convention facilities authority	60587
established by the board of county commissioners under Chapter	60588
351. of the Revised Code on or before May 15, 2002, and be used to	60589
pay costs of constructing, expanding, maintaining, operating, or	60590
promoting a convention center in the county, including paying	60591
bonds, or notes issued in anticipation of bonds, as provided by	60592
that chapter;	60593

(c) That the increase in rate shall not be subject to	60594
diminution by initiative or referendum or by law while any bonds,	60595
or notes in anticipation of bonds, issued by the authority under	60596
Chapter 351. of the Revised Code to which the revenue is pledged,	60597
remain outstanding in accordance with their terms, unless	60598
provision is made by law, by the board of county commissioners, or	60599
by the legislative authority, for an adequate substitute therefor	60600
that is satisfactory to the trustee if a trust agreement secures	60601
the bonds.	60602

As used in division (B)(2) of this section, "cost" has the	60603
same meaning as in section 351.01 of the Revised Code, and	60604
"convention center" has the same meaning as in section 307.695 of	60605
the Revised Code.	60606

(C) For the purposes described in section 307.695 of the	60607
Revised Code and to cover the costs of administering the tax, a	60608
board of county commissioners of a county where a tax imposed	60609
under division (A)(1) of this section is in effect may, by	60610
resolution adopted within ninety days after July 15, 1985, by a	60611
majority of the members of the board, levy an additional excise	60612
tax not to exceed three per cent on transactions by which lodging	60613
by a hotel is or is to be furnished to transient guests. The tax	60614
authorized by this division shall be in addition to any tax that	60615
is levied pursuant to division (A) of this section, but it shall	60616
not apply to transactions subject to a tax levied by a municipal	60617
corporation or township pursuant to the authorization granted by	60618
division (A) of section 5739.08 of the Revised Code. The board	60619
shall establish all regulations necessary to provide for the	60620
administration and allocation of the tax. The regulations may	60621
prescribe the time for payment of the tax, and may provide for the	60622
imposition of a penalty or interest, or both, for late payments,	60623
provided that the penalty does not exceed ten per cent of the	60624
amount of tax due, and the rate at which interest accrues does not	60625
exceed the rate per annum prescribed pursuant to section 5703.47	60626
of the Revised Code. All revenues arising from the tax shall be	60627
expended in accordance with section 307.695 of the Revised Code.	60628
The board of county commissioners of an eligible county as defined	60629
in section 307.695 of the Revised Code may, by resolution adopted	60630
by a majority of the members of the board, amend the resolution	60631
levying a tax under this division to provide that the revenue from	60632
the tax shall be used by the board as described in division (H) of	60633
section 307.695 of the Revised Code. A tax imposed under this	60634
division shall remain in effect at the rate at which it is imposed	60635
for the duration of the period during which any agreement entered	60636
into by the board under section 307.695 of the Revised Code is in	60637
effect, the duration of the period during which any securities	60638
issued by the board under division (I) of section 307.695 of the	60639
Revised Code are outstanding, or the duration of the period during	60640
which the board owns a project as defined in section 307.695 of	60641
the Revised Code, whichever duration is longest.	60642

(D) For the purpose of providing contributions under division	60643
(B)(1) of section 307.671 of the Revised Code to enable the	60644
acquisition, construction, and equipping of a port authority	60645
educational and cultural facility in the county and, to the extent	60646
provided for in the cooperative agreement authorized by that	60647
section, for the purpose of paying debt service charges on bonds,	60648
or notes in anticipation of bonds, described in division (B)(1)(b)	60649
of that section, a board of county commissioners, by resolution	60650
adopted within ninety days after December 22, 1992, by a majority	60651
of the members of the board, may levy an additional excise tax not	60652
to exceed one and one-half per cent on transactions by which	60653
lodging by a hotel is or is to be furnished to transient guests.	60654
The excise tax authorized by this division shall be in addition to	60655
any tax that is levied pursuant to divisions (A), (B), and (C) of	60656
this section, to any excise tax levied pursuant to section 5739.08	60657
of the Revised Code, and to any excise tax levied pursuant to	60658
section 351.021 of the Revised Code. The board of county	60659
commissioners shall establish all regulations necessary to provide	60660
for the administration and allocation of the tax that are not	60661
inconsistent with this section or section 307.671 of the Revised	60662
Code. The regulations may prescribe the time for payment of the	60663
tax, and may provide for the imposition of a penalty or interest,	60664
or both, for late payments, provided that the penalty does not	60665
exceed ten per cent of the amount of tax due, and the rate at	60666
which interest accrues does not exceed the rate per annum	60667
prescribed pursuant to section 5703.47 of the Revised Code. All	60668
revenues arising from the tax shall be expended in accordance with	60669
section 307.671 of the Revised Code and division (D) of this	60670
section. The levy of a tax imposed under this division may not	60671
commence prior to the first day of the month next following the	60672
execution of the cooperative agreement authorized by section	60673
307.671 of the Revised Code by all parties to that agreement. The	60674
tax shall remain in effect at the rate at which it is imposed for	60675
the period of time described in division (C) of section 307.671 of	60676
the Revised Code for which the revenue from the tax has been	60677
pledged by the county to the corporation pursuant to that section,	60678
but, to any extent provided for in the cooperative agreement, for	60679
no lesser period than the period of time required for payment of	60680
the debt service charges on bonds, or notes in anticipation of	60681
bonds, described in division (B)(1)(b) of that section.	60682

(E) For the purpose of paying the costs of acquiring,	60683
constructing, equipping, and improving a municipal educational and	60684
cultural facility, including debt service charges on bonds	60685
provided for in division (B) of section 307.672 of the Revised	60686
Code, and for any additional purposes determined by the county in	60687
the resolution levying the tax or amendments to the resolution,	60688
including subsequent amendments providing for paying costs of	60689
acquiring, constructing, renovating, rehabilitating, equipping,	60690
and improving a port authority educational and cultural performing	60691
arts facility, as defined in section 307.674 of the Revised Code,	60692
and including debt service charges on bonds provided for in	60693
division (B) of section 307.674 of the Revised Code, the	60694
legislative authority of a county, by resolution adopted within	60695
ninety days after June 30, 1993, by a majority of the members of	60696
the legislative authority, may levy an additional excise tax not	60697
to exceed one and one-half per cent on transactions by which	60698
lodging by a hotel is or is to be furnished to transient guests.	60699
The excise tax authorized by this division shall be in addition to	60700
any tax that is levied pursuant to divisions (A), (B), (C), and	60701
(D) of this section, to any excise tax levied pursuant to section	60702
5739.08 of the Revised Code, and to any excise tax levied pursuant	60703
to section 351.021 of the Revised Code. The legislative authority	60704
of the county shall establish all regulations necessary to provide	60705
for the administration and allocation of the tax. The regulations	60706
may prescribe the time for payment of the tax, and may provide for	60707
the imposition of a penalty or interest, or both, for late	60708
payments, provided that the penalty does not exceed ten per cent	60709
of the amount of tax due, and the rate at which interest accrues	60710
does not exceed the rate per annum prescribed pursuant to section	60711
5703.47 of the Revised Code. All revenues arising from the tax	60712
shall be expended in accordance with section 307.672 of the	60713
Revised Code and this division. The levy of a tax imposed under	60714
this division shall not commence prior to the first day of the	60715
month next following the execution of the cooperative agreement	60716
authorized by section 307.672 of the Revised Code by all parties	60717
to that agreement. The tax shall remain in effect at the rate at	60718
which it is imposed for the period of time determined by the	60719
legislative authority of the county~~, but~~. That period of time	60720
shall not to exceed fifteen years, except that the legislative	60721
authority of a county with a population of less than two hundred	60722
fifty thousand according to the most recent federal decennial	60723
census, by resolution adopted by a majority of its members before	60724
the original tax expires, may extend the duration of the tax for	60725
an additional period of time. The additional period of time by	60726
which a legislative authority extends a tax levied under this	60727
division shall not exceed fifteen years.	60728

(F) The legislative authority of a county that has levied a	60729
tax under division (E) of this section may, by resolution adopted	60730
within one hundred eighty days after January 4, 2001, by a	60731
majority of the members of the legislative authority, amend the	60732
resolution levying a tax under that division to provide for the	60733
use of the proceeds of that tax, to the extent that it is no	60734
longer needed for its original purpose as determined by the	60735
parties to a cooperative agreement amendment pursuant to division	60736
(D) of section 307.672 of the Revised Code, to pay costs of	60737
acquiring, constructing, renovating, rehabilitating, equipping,	60738
and improving a port authority educational and cultural performing	60739
arts facility, including debt service charges on bonds provided	60740
for in division (B) of section 307.674 of the Revised Code, and to	60741
pay all obligations under any guaranty agreements, reimbursement	60742
agreements, or other credit enhancement agreements described in	60743
division (C) of section 307.674 of the Revised Code. The	60744
resolution may also provide for the extension of the tax at the	60745
same rate for the longer of the period of time determined by the	60746
legislative authority of the county, but not to exceed an	60747
additional twenty-five years, or the period of time required to	60748
pay all debt service charges on bonds provided for in division (B)	60749
of section 307.672 of the Revised Code and on port authority	60750
revenue bonds provided for in division (B) of section 307.674 of	60751
the Revised Code. All revenues arising from the amendment and	60752
extension of the tax shall be expended in accordance with section	60753
307.674 of the Revised Code, this division, and division (E) of	60754
this section.	60755

(G) For purposes of a tax levied by a county, township, or	60756
municipal corporation under this section or section 5739.08 of the	60757
Revised Code, a board of county commissioners, board of township	60758
trustees, or the legislative authority of a municipal corporation	60759
may adopt a resolution or ordinance at any time specifying that	60760
"hotel," as otherwise defined in section 5739.01 of the Revised	60761
Code, includes establishments in which fewer than five rooms are	60762
used for the accommodation of guests. The resolution or ordinance	60763
may apply to a tax imposed pursuant to this section prior to the	60764
adoption of the resolution or ordinance if the resolution or	60765
ordinance so states, but the tax shall not apply to transactions	60766
by which lodging by such an establishment is provided to transient	60767
guests prior to the adoption of the resolution or ordinance.	60768

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

60769

(a) "Convention facilities authority" has the same meaning as	60770
in section 351.01 of the Revised Code.	60771

(b) "Convention center" has the same meaning as in section	60772
307.695 of the Revised Code.	60773

(2) Notwithstanding any contrary provision of division (D) of	60774
this section, the legislative authority of a county with a	60775
population of one million or more according to the most recent	60776
federal decennial census that has levied a tax under division (D)	60777
of this section may, by resolution adopted by a majority of the	60778
members of the legislative authority, provide for the extension of	60779
such levy and may provide that the proceeds of that tax, to the	60780
extent that they are no longer needed for their original purpose	60781
as defined by a cooperative agreement entered into under section	60782
307.671 of the Revised Code, shall be deposited into the county	60783
general revenue fund. The resolution shall provide for the	60784
extension of the tax at a rate not to exceed the rate specified in	60785
division (D) of this section for a period of time determined by	60786
the legislative authority of the county, but not to exceed an	60787
additional forty years.	60788

(3) The legislative authority of a county with a population	60789
of one million or more that has levied a tax under division (A)(1)	60790
of this section may, by resolution adopted by a majority of the	60791
members of the legislative authority, increase the rate of the tax	60792
levied by such county under division (A)(1) of this section to a	60793
rate not to exceed five per cent on transactions by which lodging	60794
by a hotel is or is to be furnished to transient guests.	60795
Notwithstanding any contrary provision of division (A)(1) of this	60796
section, the resolution may provide that all collections resulting	60797
from the rate levied in excess of three per cent, after deducting	60798
the real and actual costs of administering the tax, shall be	60799
deposited in the county general fund.	60800

(4) The legislative authority of a county with a population	60801
of one million or more that has levied a tax under division (A)(1)	60802
of this section may, by resolution adopted on or before August 30,	60803
2004, by a majority of the members of the legislative authority,	60804
provide that all or a portion of the proceeds of the tax levied	60805
under division (A)(1) of this section, after deducting the real	60806
and actual costs of administering the tax and the amounts required	60807
to be returned to townships and municipal corporations with	60808
respect to the first three per cent levied under division (A)(1)	60809
of this section, shall be deposited in the county general fund,	60810
provided that such proceeds shall be used to satisfy any pledges	60811
made in connection with an agreement entered into under section	60812
307.695 of the Revised Code.	60813

(5) No amount collected from a tax levied, extended, or	60814
required to be deposited in the county general fund under division	60815
(H) of this section shall be contributed to a convention	60816
facilities authority, corporation, or other entity created after	60817
July 1, 2003, for the principal purpose of constructing,	60818
improving, expanding, equipping, financing, or operating a	60819
convention center unless the mayor of the municipal corporation in	60820
which the convention center is to be operated by that convention	60821
facilities authority, corporation, or other entity has consented	60822
to the creation of that convention facilities authority,	60823
corporation, or entity. Notwithstanding any contrary provision of	60824
section 351.04 of the Revised Code, if a tax is levied by a county	60825
under division (H) of this section, the board of county	60826
commissioners of that county may determine the manner of	60827
selection, the qualifications, the number, and terms of office of	60828
the members of the board of directors of any convention facilities	60829
authority, corporation, or other entity described in division	60830
(H)(5) of this section.	60831

(6)(a) No amount collected from a tax levied, extended, or	60832
required to be deposited in the county general fund under division	60833
(H) of this section may be used for any purpose other than paying	60834
the direct and indirect costs of constructing, improving,	60835
expanding, equipping, financing, or operating a convention center	60836
and for the real and actual costs of administering the tax,	60837
unless, prior to the adoption of the resolution of the legislative	60838
authority of the county authorizing the levy, extension, increase,	60839
or deposit, the county and the mayor of the most populous	60840
municipal corporation in that county have entered into an	60841
agreement as to the use of such amounts, provided that such	60842
agreement has been approved by a majority of the mayors of the	60843
other municipal corporations in that county. The agreement shall	60844
provide that the amounts to be used for purposes other than paying	60845
the convention center or administrative costs described in	60846
division (H)(6)(a) of this section be used only for the direct and	60847
indirect costs of capital improvements, including the financing of	60848
capital improvements.	60849

(b) If the county in which the tax is levied has an	60850
association of mayors and city managers, the approval of that	60851
association of an agreement described in division (H)(6)(a) of	60852
this section shall be considered to be the approval of the	60853
majority of the mayors of the other municipal corporations for	60854
purposes of that division.	60855

(7) Each year, the auditor of state shall conduct an audit of	60856
the uses of any amounts collected from taxes levied, extended, or	60857
deposited under division (H) of this section and shall prepare a	60858
report of the auditor of state's findings. The auditor of state	60859
shall submit the report to the legislative authority of the county	60860
that has levied, extended, or deposited the tax, the speaker of	60861
the house of representatives, the president of the senate, and the	60862
leaders of the minority parties of the house of representatives	60863
and the senate.	60864

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

60865

(a) "Convention facilities authority" has the same meaning as	60866
in section 351.01 of the Revised Code.	60867

(b) "Convention center" has the same meaning as in section	60868
307.695 of the Revised Code.	60869

(2) Notwithstanding any contrary provision of division (D) of	60870
this section, the legislative authority of a county with a	60871
population of one million two hundred thousand or more according	60872
to the most recent federal decennial census or the most recent	60873
annual population estimate published or released by the United	60874
States census bureau at the time the resolution is adopted placing	60875
the levy on the ballot, that has levied a tax under division (D)	60876
of this section may, by resolution adopted by a majority of the	60877
members of the legislative authority, provide for the extension of	60878
such levy and may provide that the proceeds of that tax, to the	60879
extent that the proceeds are no longer needed for their original	60880
purpose as defined by a cooperative agreement entered into under	60881
section 307.671 of the Revised Code and after deducting the real	60882
and actual costs of administering the tax, shall be used for	60883
paying the direct and indirect costs of constructing, improving,	60884
expanding, equipping, financing, or operating a convention center.	60885
The resolution shall provide for the extension of the tax at a	60886
rate not to exceed the rate specified in division (D) of this	60887
section for a period of time determined by the legislative	60888
authority of the county, but not to exceed an additional forty	60889
years.	60890

(3) The legislative authority of a county with a population	60891
of one million two hundred thousand or more that has levied a tax	60892
under division (A)(1) of this section may, by resolution adopted	60893
by a majority of the members of the legislative authority,	60894
increase the rate of the tax levied by such county under division	60895
(A)(1) of this section to a rate not to exceed five per cent on	60896
transactions by which lodging by a hotel is or is to be furnished	60897
to transient guests. Notwithstanding any contrary provision of	60898
division (A)(1) of this section, the resolution shall provide that	60899
all collections resulting from the rate levied in excess of three	60900
per cent, after deducting the real and actual costs of	60901
administering the tax, shall be used for paying the direct and	60902
indirect costs of constructing, improving, expanding, equipping,	60903
financing, or operating a convention center.	60904

(4) The legislative authority of a county with a population	60905
of one million two hundred thousand or more that has levied a tax	60906
under division (A)(1) of this section may, by resolution adopted	60907
on or before July 1, 2008, by a majority of the members of the	60908
legislative authority, provide that all or a portion of the	60909
proceeds of the tax levied under division (A)(1) of this section,	60910
after deducting the real and actual costs of administering the tax	60911
and the amounts required to be returned to townships and municipal	60912
corporations with respect to the first three per cent levied under	60913
division (A)(1) of this section, shall be used to satisfy any	60914
pledges made in connection with an agreement entered into under	60915
section 307.695 of the Revised Code or shall otherwise be used for	60916
paying the direct and indirect costs of constructing, improving,	60917
expanding, equipping, financing, or operating a convention center.	60918

(5) Any amount collected from a tax levied or extended under	60919
division (I) of this section may be contributed to a convention	60920
facilities authority created before July 1, 2005, but no amount	60921
collected from a tax levied or extended under division (I) of this	60922
section may be contributed to a convention facilities authority,	60923
corporation, or other entity created after July 1, 2005, unless	60924
the mayor of the municipal corporation in which the convention	60925
center is to be operated by that convention facilities authority,	60926
corporation, or other entity has consented to the creation of that	60927
convention facilities authority, corporation, or entity.	60928

Sec. 5739.12. (A) Each person who has or is required to have	60929
a vendor's license, on or before the twenty-third day of each	60930
month, shall make and file a return for the preceding month, on	60931
forms prescribed by the tax commissioner, and shall pay the tax	60932
shown on the return to be due. The commissioner may require a	60933
vendor that operates from multiple locations or has multiple	60934
vendor's licenses to report all tax liabilities on one	60935
consolidated return. The return shall show the amount of tax due	60936
from the vendor to the state for the period covered by the return	60937
and such other information as the commissioner deems necessary for	60938
the proper administration of this chapter. The commissioner may	60939
extend the time for making and filing returns and paying the tax,	60940
and may require that the return for the last month of any annual	60941
or semiannual period, as determined by the commissioner, be a	60942
reconciliation return detailing the vendor's sales activity for	60943
the preceding annual or semiannual period. The reconciliation	60944
return shall be filed by the last day of the month following the	60945
last month of the annual or semiannual period. The commissioner	60946
may remit all or any part of amounts or penalties that may become	60947
due under this chapter and may adopt rules relating thereto. Such	60948
return shall be filed by mailing it to the tax commissioner,	60949
together with payment of the amount of tax shown to be due thereon	60950
after deduction of any discount provided for under this section.	60951
Remittance shall be made payable to the treasurer of state. The	60952
return shall be considered filed when received by the tax	60953
commissioner, and the payment shall be considered made when	60954
received by the tax commissioner or when credited to an account	60955
designated by the treasurer of state or the tax commissioner.	60956

(B)(1) If the return is filed and the amount of tax shown	60957
thereon to be due is paid on or before the date such return is	60958
required to be filed, the vendor shall be entitled to ~~the~~	60959
~~following~~a discount of:	60960

~~(1)~~(a) On and after July 1, 2005, and on and before June 30,	60961
2007, nine-tenths of one per cent of the amount shown to be due on	60962
the return;	60963

~~(2)~~(b) On and after July 1, 2007, three-fourths of one per	60964
cent of the amount shown to be due on the return.	60965

(2) A vendor that has selected a certified service provider	60966
as its agent shall not be entitled to the discount if the	60967
certified service provider receives a monetary allowance pursuant	60968
to section 5739.06 of the Revised Code for performing the vendor's	60969
sales and use tax functions in this state. Amounts paid to the	60970
clerk of courts pursuant to section 4505.06 of the Revised Code	60971
shall be subject to the applicable discount. The discount shall be	60972
in consideration for prompt payment to the clerk of courts and for	60973
other services performed by the vendor in the collection of the	60974
tax.	60975

(C)(1) Upon application to the commissioner, a vendor who is	60976
required to file monthly returns may be relieved of the	60977
requirement to report and pay the actual tax due, provided that	60978
the vendor agrees to remit to the tax commissioner payment of not	60979
less than an amount determined by the commissioner to be the	60980
average monthly tax liability of the vendor, based upon a review	60981
of the returns or other information pertaining to such vendor for	60982
a period of not less than six months nor more than two years	60983
immediately preceding the filing of the application. Vendors who	60984
agree to the above conditions shall make and file an annual or	60985
semiannual reconciliation return, as prescribed by the	60986
commissioner. The reconciliation return shall be filed by mailing	60987
or delivering it to the tax commissioner, together with payment of	60988
the amount of tax shown to be due thereon after deduction of any	60989
discount provided in this section. Remittance shall be made	60990
payable to the treasurer of state. Failure of a vendor to comply	60991
with any of the above conditions may result in immediate	60992
reinstatement of the requirement of reporting and paying the	60993
actual tax liability on each monthly return, and the commissioner	60994
may at the commissioner's discretion deny the vendor the right to	60995
report and pay based upon the average monthly liability for a	60996
period not to exceed two years. The amount ascertained by the	60997
commissioner to be the average monthly tax liability of a vendor	60998
may be adjusted, based upon a review of the returns or other	60999
information pertaining to the vendor for a period of not less than	61000
six months nor more than two years preceding such adjustment.	61001

(2) The commissioner may authorize vendors whose tax	61002
liability is not such as to merit monthly returns, as ascertained	61003
by the commissioner upon the basis of administrative costs to the	61004
state, to make and file returns at less frequent intervals. When	61005
returns are filed at less frequent intervals in accordance with	61006
such authorization, the vendor shall be allowed the discount	61007
provided in this section in consideration for prompt payment with	61008
the return, provided the return is filed together with payment of	61009
the amount of tax shown to be due thereon, at the time specified	61010
by the commissioner, but a vendor that has selected a certified	61011
service provider as its agent shall not be entitled to the	61012
discount.	61013

(D) Any vendor who fails to file a return or pay the full	61014
amount of the tax shown on the return to be due under this section	61015
and the rules of the commissioner may, for each such return the	61016
vendor fails to file or each such tax the vendor fails to pay in	61017
full as shown on the return within the period prescribed by this	61018
section and the rules of the commissioner, be required to forfeit	61019
and pay into the state treasury an additional charge not exceeding	61020
fifty dollars or ten per cent of the tax required to be paid for	61021
the reporting period, whichever is greater, as revenue arising	61022
from the tax imposed by this chapter, and such sum may be	61023
collected by assessment in the manner provided in section 5739.13	61024
of the Revised Code. The commissioner may remit all or a portion	61025
of the additional charge and may adopt rules relating to the	61026
imposition and remission of the additional charge.	61027

(E) If the amount required to be collected by a vendor from	61028
consumers is in excess of the applicable percentage of the	61029
vendor's receipts from sales that are taxable under section	61030
5739.02 of the Revised Code, or in the case of sales subject to a	61031
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	61032
the Revised Code, in excess of the percentage equal to the	61033
aggregate rate of such taxes and the tax levied by section 5739.02	61034
of the Revised Code, such excess shall be remitted along with the	61035
remittance of the amount of tax due under section 5739.10 of the	61036
Revised Code.	61037

(F) The commissioner, if the commissioner deems it necessary	61038
in order to insure the payment of the tax imposed by this chapter,	61039
may require returns and payments to be made for other than monthly	61040
periods. The returns shall be signed by the vendor or the vendor's	61041
authorized agent.	61042

(G) Any vendor required to file a return and pay the tax	61043
under this section, whose total payment equals or exceeds the	61044
amount shown in division (A) of section 5739.122 of the Revised	61045
Code, shall make each payment required by this section in the	61046
second ensuing and each succeeding year by electronic funds	61047
transfer as prescribed by, and on or before the dates specified	61048
in, section 5739.122 of the Revised Code, except as otherwise	61049
prescribed by that section. For a vendor that operates from	61050
multiple locations or has multiple vendor's licenses, in	61051
determining whether the vendor's total payment equals or exceeds	61052
the amount shown in division (A) of that section, the vendor's	61053
total payment amount shall be the amount of the vendor's total tax	61054
liability for the previous calendar year for all of the vendor's	61055
locations or licenses.	61056

Sec. 5739.122. (A) If the total amount of tax required to be	61057
paid by a vendor under section 5739.12 of the Revised Code for any	61058
calendar year equals or exceeds seventy-five thousand dollars, the	61059
vendor shall remit each monthly tax payment in the second ensuing	61060
and each succeeding tax year by electronic funds transfer as	61061
prescribed by divisions (B) and (C) of this section.	61062

If a vendor's tax payment for each of two consecutive years	61063
is less than seventy-five thousand dollars, the vendor is relieved	61064
of the requirement to remit taxes by electronic funds transfer for	61065
the year that next follows the second of the consecutive years in	61066
which the tax payment is less than that amount, and is relieved of	61067
that requirement for each succeeding year, unless the tax payment	61068
in a subsequent year equals or exceeds seventy-five thousand	61069
dollars.	61070

The tax commissioner shall notify each vendor required to	61071
remit taxes by electronic funds transfer of the vendor's	61072
obligation to do so, shall maintain an updated list of those	61073
vendors, and shall timely certify the list and any additions	61074
thereto or deletions therefrom to the treasurer of state. Failure	61075
by the tax commissioner to notify a vendor subject to this section	61076
to remit taxes by electronic funds transfer does not relieve the	61077
vendor of its obligation to remit taxes by electronic funds	61078
transfer.	61079

(B) Vendors required by division (A) of this section to remit	61080
payments by electronic funds transfer shall remit such payments to	61081
the treasurer of state in the manner prescribed by this section	61082
and rules adopted by the treasurer of state under section 113.061	61083
of the Revised Code, and ~~on or before the following dates~~as	61084
follows:	61085

(1) ~~On or before the fifteenth day of each month, a vendor~~	61086
~~shall remit an amount equal to the taxes collected during the~~	61087
~~first eleven days of the month. On or before the twenty-fifth day~~	61088
~~of each month, a vendor shall remit an amount equal to the taxes~~	61089
~~collected on the twelfth through the twenty-first day of the~~	61090
~~month.~~	61091

~~(2) In lieu of remitting the actual amounts collected for the~~	61092
~~periods specified in division (B)(1) of this section, a vendor~~	61093
~~may, on or before each of the fifteenth and twenty-fifth days of~~	61094
~~each month, remit an amount equal to thirty-seven and one-half per~~	61095
~~cent of the vendor's total tax liability for the same month in the~~	61096
~~preceding calendar year.~~	61097

~~(3)~~On or before the twenty-third day of each month, a vendor	61098
shall remit an amount equal to seventy-five per cent of the	61099
anticipated tax liability for that month.	61100

(2) On or before the twenty-third day of each month, a vendor	61101
shall report the taxes collected for the previous month and shall	61102
remit that amount, less any amounts paid for that month as	61103
required by division (B)(1) ~~or (2)~~ of this section.	61104

The payment of taxes by electronic funds transfer does not	61105
affect a vendor's obligation to file the monthly return as	61106
required under section 5739.12 of the Revised Code.	61107

(C) A vendor required by this section to remit taxes by	61108
electronic funds transfer may apply to the treasurer of state in	61109
the manner prescribed by the treasurer of state to be excused from	61110
that requirement. The treasurer of state may excuse the vendor	61111
from remittance by electronic funds transfer for good cause shown	61112
for the period of time requested by the vendor or for a portion of	61113
that period. The treasurer of state shall notify the tax	61114
commissioner and the vendor of the treasurer of state's decision	61115
as soon as is practicable.	61116

(D)(1)(a) If a vendor that is required to remit payments	61117
under division (B) of this section fails to make a payment, or	61118
makes a payment under division (B)(1) of this section that is less	61119
than seventy-five per cent of the actual liability for that month,	61120
the commissioner may impose an additional charge not to exceed	61121
five per cent of that unpaid amount.	61122

(b) Division (D)(1)(a) of this section does not apply if the	61123
vendor's payment under division (B)(1) of this section is equal to	61124
or greater than seventy-five per cent of the vendor's reported	61125
liability for the same month in the immediately preceding calendar	61126
year.	61127

(2) If a vendor required by this section to remit taxes by	61128
electronic funds transfer remits those taxes by some means other	61129
than by electronic funds transfer as prescribed by this section	61130
and the rules adopted by the treasurer of state, and the treasurer	61131
of state determines that such failure was not due to reasonable	61132
cause or was due to willful neglect, the treasurer of state shall	61133
notify the tax commissioner of the failure to remit by electronic	61134
funds transfer and shall provide the commissioner with any	61135
information used in making that determination. The tax	61136
commissioner may impose an additional charge not to exceed the	61137
lesser of five per cent of the amount of the taxes required to be	61138
paid by electronic funds transfer or five thousand dollars.	61139

(3) Any additional charge imposed under division (D)(1) or	61140
(2) of this section is in addition to any other penalty or charge	61141
imposed under this chapter, and shall be considered as revenue	61142
arising from taxes imposed under this chapter. An additional	61143
charge may be collected by assessment in the manner prescribed by	61144
section 5739.13 of the Revised Code. The tax commissioner may	61145
waive all or a portion of such a charge and may adopt rules	61146
governing such waiver.	61147

No additional charge shall be imposed under division (D)(2)	61148
of this section against a vendor that has been notified of its	61149
obligation to remit taxes under this section and that remits its	61150
first two tax payments after such notification by some means other	61151
than electronic funds transfer. The additional charge may be	61152
imposed upon the remittance of any subsequent tax payment that the	61153
vendor remits by some means other than electronic funds transfer.	61154

Sec. 5739.123. (A) As used in this section,	61155
"destination-based sourcing requirements" means the manner in	61156
which sales are required to be sourced under divisions (C) to (I)	61157
of section 5739.033 of the Revised Code.	61158

(B) A vendor who holds a license issued ~~prior to May 1, 2006,~~	61159
under division (A) of section 5739.17 of the Revised Code may	61160
apply for temporary compensation to assist the vendor in complying	61161
with the destination-based sourcing requirements for the first six	61162
months those sourcing requirements become applicable to the vendor	61163
under section 5739.033 of the Revised Code. The vendor shall file	61164
the application in accordance with division (C) of this section.	61165
The compensation shall be the actual amount of tax collected per	61166
county for each month of the six-month period, not to exceed	61167
twenty-five dollars per county per month, for sales of tangible	61168
personal property delivered to each county in which the vendor	61169
does not have a fixed place of business and does not, or is not	61170
required to, hold a license issued under division (A) of section	61171
5739.17 of the Revised Code for that business. Only amounts paid	61172
by the vendor for which the vendor is eligible for a discount	61173
under division (B) of section 5739.12 of the Revised Code and that	61174
are shown on returns filed during that six-month period shall be	61175
considered in calculating the compensation. In no event shall a	61176
vendor receive compensation that exceeds its total cost of	61177
complying with the destination-based sourcing requirements. For	61178
purposes of the six-month compensation period, a partial month	61179
shall be considered a month.	61180

(C) A vendor that applies for compensation under this section	61181
shall file an application with the tax commissioner on a form	61182
prescribed by the commissioner. The application shall be filed	61183
within sixty days after the end of the reporting period that	61184
includes the last day of the last month of the six-month period	61185
for which the vendor is requesting compensation. The commissioner	61186
shall determine the amount of compensation to which the vendor is	61187
entitled, and if that amount is equal to or greater than the	61188
amount claimed on the application, the commissioner shall certify	61189
that amount to the director of budget and management and the	61190
treasurer of state for payment from the general revenue fund. If	61191
the commissioner determines that the amount of compensation to	61192
which the vendor is entitled is less than the amount claimed on	61193
the vendor's application, the commissioner shall proceed in	61194
accordance with section 5703.70 of the Revised Code.	61195

(D) The compensation provided under this section shall not	61196
reduce the amount required to be returned to counties and transit	61197
authorities under section 5739.21 of the Revised Code.	61198

Sec. 5739.124. (A) If required by the tax commissioner, a	61199
person required to make payments by electronic funds transfer	61200
under section 5739.032 or 5739.122 of the Revised Code shall file	61201
all returns and reports electronically. The commissioner may	61202
require the person to use the Ohio business gateway, as defined in	61203
section 718.051 of the Revised Code, or any other electronic	61204
means, to file the returns and reports, or to remit the tax, in	61205
lieu of the manner prescribed by the treasurer of state under	61206
sections 5739.032 and 5739.122 of the Revised Code.	61207

(B) A person required under this section to file reports and	61208
returns electronically may apply to the commissioner to be excused	61209
from that requirement. Applications shall be made on a form	61210
prescribed by the commissioner. The commissioner may approve the	61211
application for good cause.	61212

(C)(1) If a person required to file a report or return	61213
electronically under this section fails to do so, the commissioner	61214
may impose an additional charge not to exceed the following:	61215

(a) For each of the first two failures, five per cent of the	61216
amount required to be reported on the report or return;	61217

(b) For the third and any subsequent failure, ten per cent of	61218
the amount required to be reported on the report or return.	61219

(2) The charges authorized under division (C)(1) of this	61220
section are in addition to any other charge or penalty authorized	61221
under this chapter, and shall be considered as revenue arising	61222
from taxes imposed under this chapter. An additional charge may be	61223
collected by assessment in the manner prescribed by section	61224
5739.13 of the Revised Code. The commissioner may waive all or a	61225
portion of such a charge and may adopt rules governing such	61226
waiver.	61227

Sec. 5739.21. (A) ~~Four and two-tenths~~One hundred per cent	61228
of all money deposited into the state treasury under sections	61229
5739.01 to 5739.31 of the Revised Code and not required to be	61230
distributed as provided in section 5739.102 of the Revised Code or	61231
division (B) of this section shall be credited to ~~the local~~	61232
~~government fund for distribution in accordance with section~~	61233
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	61234
~~credited to the local government revenue assistance fund for~~	61235
~~distribution in accordance with section 5747.61 of the Revised~~	61236
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	61237
the general revenue fund.	61238

(B)(1) In any case where any county or transit authority has	61239
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	61240
5739.026 of the Revised Code, the tax commissioner shall, within	61241
forty-five days after the end of each month, determine and certify	61242
to the director of budget and management the amount of the	61243
proceeds of such tax or taxes received during that month from	61244
billings and assessments, or associated with tax returns or	61245
reports filed during that month, to be returned to the county or	61246
transit authority levying the tax or taxes. The amount to be	61247
returned to each county and transit authority shall be a fraction	61248
of the aggregate amount of money collected with respect to each	61249
area in which one or more of such taxes are concurrently in effect	61250
with the tax levied by section 5739.02 of the Revised Code. The	61251
numerator of the fraction is the rate of the tax levied by the	61252
county or transit authority and the denominator of the fraction is	61253
the aggregate rate of such taxes applicable to such area. The	61254
amount to be returned to each county or transit authority shall be	61255
reduced by the amount of any refunds of county or transit	61256
authority tax paid pursuant to section 5739.07 of the Revised Code	61257
during the same month, or transfers made pursuant to division	61258
(B)(2) of section 5703.052 of the Revised Code.	61259

(2) On a periodic basis, using the best information	61260
available, the tax commissioner shall distribute any amount of a	61261
county or transit authority tax that cannot be distributed under	61262
division (B)(1) of this section. Through audit or other means, the	61263
commissioner shall attempt to obtain the information necessary to	61264
make the distribution as provided under that division and, on	61265
receipt of that information, shall make adjustments to	61266
distributions previously made under this division.	61267

(C) The aggregate amount to be returned to any county or	61268
transit authority shall be reduced by one per cent, which shall be	61269
certified directly to the credit of the local sales tax	61270
administrative fund, which is hereby created in the state	61271
treasury. For the purpose of determining the amount to be returned	61272
to a county and transit authority in which the rate of tax imposed	61273
by the transit authority has been reduced under section 5739.028	61274
of the Revised Code, the tax commissioner shall use the respective	61275
rates of tax imposed by the county or transit authority that	61276
results from the change in the rates authorized under that	61277
section.	61278

(D) The director of budget and management shall transfer,	61279
from the same funds and in the same proportions specified in	61280
division (A) of this section, to the permissive tax distribution	61281
fund created by division (B)(1) of section 4301.423 of the Revised	61282
Code and to the local sales tax administrative fund, the amounts	61283
certified by the tax commissioner. The tax commissioner shall	61284
then, on or before the twentieth day of the month in which such	61285
certification is made, provide for payment of such respective	61286
amounts to the county treasurer and to the fiscal officer of the	61287
transit authority levying the tax or taxes. The amount transferred	61288
to the local sales tax administrative fund is for use by the tax	61289
commissioner in defraying costs incurred in administering such	61290
taxes levied by a county or transit authority.	61291

Sec. 5739.213. Notwithstanding section 5739.21 or 5741.03 of	61292
the Revised Code, of the revenue collected from the tax due under	61293
division (A) of section 5739.029 of the Revised Code, an amount	61294
equal to one-half per cent of the price of each transaction	61295
subject to taxation under that division shall be distributed to	61296
the county where the sale is sitused as provided in section	61297
5739.035 of the Revised Code. The amount to be so distributed to	61298
each county shall be credited to the funds of the county as	61299
provided by divisions (A) and (B) of section 5739.211 of the	61300
Revised Code.	61301

Sec. 5740.10. (A) As used in this section, "delivery sale"	61302
has the same meaning as in section 5739.033 of the Revised Code.	61303

(B) It is the intent of the General Assembly for this state	61304
to become a full member in the streamlined sales and use tax	61305
agreement to enhance collection of the taxes imposed under	61306
Chapters 5739. and 5741. of the Revised Code by remote multi-state	61307
sellers. This state's participation has been jeopardized, however,	61308
because the agreement does not resolve issues relating to the	61309
situsing of certain sales and because of the impact the agreement	61310
has on businesses located within and outside this state that have	61311
annual delivery sales in this state of less than five hundred	61312
thousand dollars.	61313

If the tax commissioner determines, on or before October 1,	61314
2007, that the agreement has been amended or interpreted by the	61315
streamlined sales tax governing board to allow, beginning January	61316
1, 2008, a vendor with total annual delivery sales within this	61317
state of less than five hundred thousand dollars in a prior	61318
calendar year, beginning with calendar year 2007, to situs its	61319
sales under section 5739.035 of the Revised Code, the	61320
commissioner shall certify that determination by journal entry on	61321
or before that date, shall provide notice of the determination on	61322
the department of taxation's web site, and shall notify vendors	61323
and sellers the commissioner reasonably believes to be affected by	61324
the certification.	61325

Sec. 5741.02. (A)(1) For the use of the general revenue fund	61326
of the state, an excise tax is hereby levied on the storage, use,	61327
or other consumption in this state of tangible personal property	61328
or the benefit realized in this state of any service provided. The	61329
tax shall be collected as provided in section 5739.025 of the	61330
Revised Code, provided that on and after July 1, 2003, and on or	61331
before June 30, 2005, the rate of the tax shall be six per cent.	61332
On and after July 1, 2005, the rate of the tax shall be five and	61333
one-half per cent.	61334

(2) In the case of the lease or rental, with a fixed term of	61335
more than thirty days or an indefinite term with a minimum period	61336
of more than thirty days, of any motor vehicles designed by the	61337
manufacturer to carry a load of not more than one ton, watercraft,	61338
outboard motor, or aircraft, or of any tangible personal property,	61339
other than motor vehicles designed by the manufacturer to carry a	61340
load of more than one ton, to be used by the lessee or renter	61341
primarily for business purposes, the tax shall be collected by the	61342
seller at the time the lease or rental is consummated and shall be	61343
calculated by the seller on the basis of the total amount to be	61344
paid by the lessee or renter under the lease or rental agreement.	61345
If the total amount of the consideration for the lease or rental	61346
includes amounts that are not calculated at the time the lease or	61347
rental is executed, the tax shall be calculated and collected by	61348
the seller at the time such amounts are billed to the lessee or	61349
renter. In the case of an open-end lease or rental, the tax shall	61350
be calculated by the seller on the basis of the total amount to be	61351
paid during the initial fixed term of the lease or rental, and for	61352
each subsequent renewal period as it comes due. As used in this	61353
division, "motor vehicle" has the same meaning as in section	61354
4501.01 of the Revised Code, and "watercraft" includes an outdrive	61355
unit attached to the watercraft.	61356

(3) Except as provided in division (A)(2) of this section, in	61357
the case of a transaction, the price of which consists in whole or	61358
part of the lease or rental of tangible personal property, the tax	61359
shall be measured by the installments of those leases or rentals.	61360

(B) Each consumer, storing, using, or otherwise consuming in	61361
this state tangible personal property or realizing in this state	61362
the benefit of any service provided, shall be liable for the tax,	61363
and such liability shall not be extinguished until the tax has	61364
been paid to this state; provided, that the consumer shall be	61365
relieved from further liability for the tax if the tax has been	61366
paid to a seller in accordance with section 5741.04 of the Revised	61367
Code or prepaid by the seller in accordance with section 5741.06	61368
of the Revised Code.	61369

(C) The tax does not apply to the storage, use, or	61370
consumption in this state of the following described tangible	61371
personal property or services, nor to the storage, use, or	61372
consumption or benefit in this state of tangible personal property	61373
or services purchased under the following described circumstances:	61374

(1) When the sale of property or service in this state is	61375
subject to the excise tax imposed by sections 5739.01 to 5739.31	61376
of the Revised Code, provided said tax has been paid;	61377

(2) Except as provided in division (D) of this section,	61378
tangible personal property or services, the acquisition of which,	61379
if made in Ohio, would be a sale not subject to the tax imposed by	61380
sections 5739.01 to 5739.31 of the Revised Code;	61381

(3) Property or services, the storage, use, or other	61382
consumption of or benefit from which this state is prohibited from	61383
taxing by the Constitution of the United States, laws of the	61384
United States, or the Constitution of this state. This exemption	61385
shall not exempt from the application of the tax imposed by this	61386
section the storage, use, or consumption of tangible personal	61387
property that was purchased in interstate commerce, but that has	61388
come to rest in this state, provided that fuel to be used or	61389
transported in carrying on interstate commerce that is stopped	61390
within this state pending transfer from one conveyance to another	61391
is exempt from the excise tax imposed by this section and section	61392
5739.02 of the Revised Code;	61393

(4) Transient use of tangible personal property in this state	61394
by a nonresident tourist or vacationer, or a nonbusiness use	61395
within this state by a nonresident of this state, if the property	61396
so used was purchased outside this state for use outside this	61397
state and is not required to be registered or licensed under the	61398
laws of this state;	61399

(5) Tangible personal property or services rendered, upon	61400
which taxes have been paid to another jurisdiction to the extent	61401
of the amount of the tax paid to such other jurisdiction. Where	61402
the amount of the tax imposed by this section and imposed pursuant	61403
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	61404
exceeds the amount paid to another jurisdiction, the difference	61405
shall be allocated between the tax imposed by this section and any	61406
tax imposed by a county or a transit authority pursuant to section	61407
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	61408
to the respective rates of such taxes.	61409

As used in this subdivision, "taxes paid to another	61410
jurisdiction" means the total amount of retail sales or use tax or	61411
similar tax based upon the sale, purchase, or use of tangible	61412
personal property or services rendered legally, levied by and paid	61413
to another state or political subdivision thereof, or to the	61414
District of Columbia, where the payment of such tax does not	61415
entitle the taxpayer to any refund or credit for such payment.	61416

(6) The transfer of a used manufactured home or used mobile	61417
home, as defined by section 5739.0210 of the Revised Code, made on	61418
or after January 1, 2000;	61419

(7) Drugs that are or are intended to be distributed free of	61420
charge to a practitioner licensed to prescribe, dispense, and	61421
administer drugs to a human being in the course of a professional	61422
practice and that by law may be dispensed only by or upon the	61423
order of such a practitioner.	61424

(8) Computer equipment and related software leased from a	61425
lessor located outside this state and initially received in this	61426
state on behalf of the consumer by a third party that will retain	61427
possession of such property for not more than ninety days and that	61428
will, within that ninety-day period, deliver such property to the	61429
consumer at a location outside this state. Division (C)(8) of this	61430
section does not provide exemption from taxation for any otherwise	61431
taxable charges associated with such property while it is in this	61432
state or for any subsequent storage, use, or consumption of such	61433
property in this state by or on behalf of the consumer.	61434

(9) ~~Cigarettes that have a wholesale value of three hundred~~	61435
~~dollars or less used, stored, or consumed, but not for resale, in~~	61436
~~any month.~~	61437

~~(10)~~ Tangible personal property held for sale by a person but	61438
not for that person's own use and donated by that person, without	61439
charge or other compensation, to either of the following:	61440

(a) A nonprofit organization operated exclusively for	61441
charitable purposes in this state, no part of the net income of	61442
which inures to the benefit of any private shareholder or	61443
individual and no substantial part of the activities of which	61444
consists of carrying on propaganda or otherwise attempting to	61445
influence legislation; or	61446

(b) This state or any political subdivision of this state,	61447
but only if donated for exclusively public purposes.	61448

For the purposes of division (C)(10) of this section,	61449
"charitable purposes" has the same meaning as in division (B)(12)	61450
of section 5739.02 of the Revised Code.	61451

(D) The tax applies to the storage, use, or other consumption	61452
in this state of tangible personal property or services, the	61453
acquisition of which at the time of sale was excepted under	61454
division (E) of section 5739.01 of the Revised Code from the tax	61455
imposed by section 5739.02 of the Revised Code, but which has	61456
subsequently been temporarily or permanently stored, used, or	61457
otherwise consumed in a taxable manner.	61458

(E)(1)(a) If any transaction is claimed to be exempt under	61459
division (E) of section 5739.01 of the Revised Code or under	61460
section 5739.02 of the Revised Code, with the exception of	61461
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	61462
Code, the consumer shall provide to the seller, and the seller	61463
shall obtain from the consumer, a certificate specifying the	61464
reason that the transaction is not subject to the tax. The	61465
certificate shall be in such form, and shall be provided either in	61466
a hard copy form or electronic form, as the tax commissioner	61467
prescribes.	61468

(b) A seller that obtains a fully completed exemption	61469
certificate from a consumer is relieved of liability for	61470
collecting and remitting tax on any sale covered by that	61471
certificate. If it is determined the exemption was improperly	61472
claimed, the consumer shall be liable for any tax due on that sale	61473
under this chapter. Relief under this division from liability does	61474
not apply to any of the following:	61475

(i) A seller that fraudulently fails to collect tax;

61476

(ii) A seller that solicits consumers to participate in the	61477
unlawful claim of an exemption;	61478

(iii) A seller that accepts an exemption certificate from a	61479
consumer that claims an exemption based on who purchases or who	61480
sells property or a service, when the subject of the transaction	61481
sought to be covered by the exemption certificate is actually	61482
received by the consumer at a location operated by the seller in	61483
this state, and this state has posted to its web site an exemption	61484
certificate form that clearly and affirmatively indicates that the	61485
claimed exemption is not available in this state;	61486

(iv) A seller that accepts an exemption certificate from a	61487
consumer who claims a multiple points of use exemption under	61488
division (D) of section 5739.033 of the Revised Code, if the item	61489
purchased is tangible personal property, other than prewritten	61490
computer software.	61491

(2) The seller shall maintain records, including exemption	61492
certificates, of all sales on which a consumer has claimed an	61493
exemption, and provide them to the tax commissioner on request.	61494

(3) If no certificate is provided or obtained within ninety	61495
days after the date on which the transaction is consummated, it	61496
shall be presumed that the tax applies. Failure to have so	61497
provided or obtained a certificate shall not preclude a seller,	61498
within one hundred twenty days after the tax commissioner gives	61499
written notice of intent to levy an assessment, from either	61500
establishing that the transaction is not subject to the tax, or	61501
obtaining, in good faith, a fully completed exemption certificate.	61502

(4) If a transaction is claimed to be exempt under division	61503
(B)(13) of section 5739.02 of the Revised Code, the contractor	61504
shall obtain certification of the claimed exemption from the	61505
contractee. This certification shall be in addition to an	61506
exemption certificate provided by the contractor to the seller. A	61507
contractee that provides a certification under this division shall	61508
be deemed to be the consumer of all items purchased by the	61509
contractor under the claim of exemption, if it is subsequently	61510
determined that the exemption is not properly claimed. The	61511
certification shall be in such form as the tax commissioner	61512
prescribes.	61513

(F) A seller who files a petition for reassessment contesting	61514
the assessment of tax on transactions for which the seller	61515
obtained no valid exemption certificates, and for which the seller	61516
failed to establish that the transactions were not subject to the	61517
tax during the one-hundred-twenty-day period allowed under	61518
division (E) of this section, may present to the tax commissioner	61519
additional evidence to prove that the transactions were exempt.	61520
The seller shall file such evidence within ninety days of the	61521
receipt by the seller of the notice of assessment, except that,	61522
upon application and for reasonable cause, the tax commissioner	61523
may extend the period for submitting such evidence thirty days.	61524

(G) For the purpose of the proper administration of sections	61525
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	61526
of the tax hereby levied, it shall be presumed that any use,	61527
storage, or other consumption of tangible personal property in	61528
this state is subject to the tax until the contrary is	61529
established.	61530

(H) The tax collected by the seller from the consumer under	61531
this chapter is not part of the price, but is a tax collection for	61532
the benefit of the state, and of counties levying an additional	61533
use tax pursuant to section 5741.021 or 5741.023 of the Revised	61534
Code and of transit authorities levying an additional use tax	61535
pursuant to section 5741.022 of the Revised Code. Except for the	61536
discount authorized under section 5741.12 of the Revised Code and	61537
the effects of any rounding pursuant to section 5703.055 of the	61538
Revised Code, no person other than the state or such a county or	61539
transit authority shall derive any benefit from the collection of	61540
such tax.	61541

Sec. 5741.03. (A) ~~Four and two-tenths~~One hundred per cent	61542
of all money deposited into the state treasury under sections	61543
5741.01 to 5741.22 of the Revised Code that is not required to be	61544
distributed as provided in division (B) or (C) of this section	61545
shall be credited to ~~the local government fund for distribution in~~	61546
~~accordance with section 5747.50 of the Revised Code, six-tenths of~~	61547
~~one per cent shall be credited to the local government revenue~~	61548
~~assistance fund for distribution in accordance with section~~	61549
~~5747.61 of the Revised Code, and ninety-five and two-tenths per~~	61550
~~cent shall be credited to~~ the general revenue fund.	61551

(B) In any case where any county or transit authority has	61552
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	61553
5741.023 of the Revised Code, the tax commissioner shall, within	61554
forty-five days after the end of each month, determine and certify	61555
to the director of budget and management the amount of the	61556
proceeds of such tax or taxes from billings and assessments	61557
received during that month, or shown on tax returns or reports	61558
filed during that month, to be returned to the county or transit	61559
authority levying the tax or taxes, which amounts shall be	61560
determined in the manner provided in section 5739.21 of the	61561
Revised Code. The director of budget and management shall	61562
transfer, from the ~~same funds and in the same proportions~~	61563
~~specified in division (A) of this section~~general revenue fund, to	61564
the permissive tax distribution fund created by division (B)(1) of	61565
section 4301.423 of the Revised Code and to the local sales tax	61566
administrative fund created by division ~~(B)~~(C) of section 5739.21	61567
of the Revised Code, the amounts certified by the tax	61568
commissioner. The tax commissioner shall then, on or before the	61569
twentieth day of the month in which such certification is made,	61570
provide for payment of such respective amounts to the county	61571
treasurer or to the fiscal officer of the transit authority	61572
levying the tax or taxes. The amount transferred to the local	61573
sales tax administrative fund is for use by the tax commissioner	61574
in defraying costs the commissioner incurs in administering such	61575
taxes levied by a county or transit authority.	61576

(C) Of the revenue deposited into the state treasury from	61577
taxes paid under division (B) of section 5741.05 of the Revised	61578
Code, a percentage shall be distributed each fiscal year to all	61579
counties and transit authorities that levy a tax under section	61580
5739.021, 5739.023, or 5739.026 of the Revised Code. The	61581
percentage to be distributed each fiscal year shall be computed by	61582
dividing the amount described in division (C)(1) by the amount	61583
described in division (C)(2) of this section:	61584

(1) The total sales and use tax revenue distributed to	61585
counties and transit authorities in the calendar year that ended	61586
in the preceding fiscal year;	61587

(2) The sum of the total sales and use tax revenue	61588
distributed to such counties and transit authorities in that	61589
calendar year plus the total revenue collected in that calendar	61590
year from the taxes levied under sections 5739.02 and 5741.02 of	61591
the Revised Code.	61592

(D) Each county and transit authority shall receive a	61593
quarterly distribution each fiscal year from the revenue to be	61594
distributed as provided in division (C) of this section. The	61595
amount of the distribution for each such county and transit	61596
authority shall equal one-fourth of a percentage of the revenue	61597
to be distributed in the fiscal year under that division. The	61598
percentage shall be computed by dividing the amount described in	61599
division (D)(1) by the amount described in division (D)(2) of	61600
this section:	61601

(1) The total sales and use tax revenue distributed to the	61602
county or transit authority under division (B) of section 5739.21	61603
of the Revised Code in the calendar year that ended in the	61604
preceding fiscal year;	61605

(2) The total sales and use tax revenue distributed to all	61606
counties and transit authorities under division (B) of section	61607
5739.21 of the Revised Code in that calendar year.	61608

Sec. 5741.05. (A) ~~Beginning January 1, 2005~~Except as	61609
provided in division (B) of this section, a seller that collects	61610
the tax levied by sections 5741.02, 5741.021, 5741.022, or	61611
5741.023 of the Revised Code on transactions, other than sales of	61612
titled motor vehicles, titled watercraft, or titled outboard	61613
motors, shall determine under section 5739.033 or 5739.034 of the	61614
Revised Code the jurisdiction for which to collect the tax. A	61615
vendor or seller of motor vehicles, watercraft, or outboard motors	61616
required to be titled in this state shall collect the tax levied	61617
by section 5739.02 or 5741.02 of the Revised Code and the	61618
additional taxes levied by division (A)(1) of section 5741.021,	61619
division (A)(1) of section 5741.022, and division (A)(1) of	61620
section 5741.023 of the Revised Code for the consumer's county of	61621
residence as provided in section 1548.06 and division (B) of	61622
section 4505.06 of the Revised Code.	61623

(B)(1) Divisions (B) and (C) of this section apply only if	61624
the tax commissioner makes the certification under section 5740.10	61625
of the Revised Code.	61626

(2) For the purposes of this division and division (C) of	61627
this section, "delivery sale" has the same meaning as in section	61628
5739.033 of the Revised Code, and "tax jurisdiction" has the same	61629
meaning as in section 5739.24 of the Revised Code.	61630

(3) Except as otherwise provided in division (B)(4) of this	61631
section, and notwithstanding sections 5741.02, 5741.021, 5741.022,	61632
and 5741.023 of the Revised Code, beginning January 1, 2008, a	61633
seller with total delivery sales in this state in calendar year	61634
2007 and each calendar year thereafter of less than five hundred	61635
thousand dollars may elect to collect the tax due under this	61636
chapter at a rate equal to the sum of the tax levied under	61637
section 5741.02 of the Revised Code and the lowest combined rate	61638
of tax levied in any tax jurisdiction in this state under	61639
sections 5741.021, 5741.022, and 5741.023 of the Revised Code.	61640

(4) Once a seller has total delivery sales in this state of	61641
five hundred thousand dollars or more for a prior calendar year,	61642
the seller shall source its sales pursuant to division (A) of	61643
this section regardless of the amount of the seller's total	61644
delivery sales in future years.	61645

(C)(1) In each sale by a seller permitted to collect use tax	61646
under division (B) of this section, the seller shall clearly	61647
indicate on each invoice or other similar document provided to the	61648
purchaser at the time of the sale that the seller is authorized to	61649
collect use tax at the rate prescribed in division (B)(3) of this	61650
section.	61651

(2) If a purchaser purchases tangible personal property from	61652
a seller permitted to collect use tax pursuant to division (B) of	61653
this section and pays the tax due under that division to the	61654
seller, no assessment may be made against the purchaser for	61655
additional tax due under section 5741.021, 5741.022, or 5741.023	61656
of the Revised Code unless the purchaser subsequently removes the	61657
property from the tax jurisdiction in which the resident received	61658
the property to another tax jurisdiction with a higher tax rate.	61659

(3) Nothing in this section relieves a person that claims to	61660
be authorized to collect the tax as provided in division (B) of	61661
this section, but that is not so authorized, from liability for	61662
tax, penalties, interest, or additional charges imposed under this	61663
chapter for failure to collect the amount of tax lawfully due	61664
applying the situsing provisions of division (A) of this section.	61665

(D) A vendor or seller is not responsible for collecting or	61666
remitting additional tax if a consumer subsequently stores, uses,	61667
or consumes the tangible personal property or service in another	61668
jurisdiction with a rate of tax imposed by sections 5741.02,	61669
5741.021, 5741.022, or 5741.023 of the Revised Code that is higher	61670
than the amount collected by the vendor or seller pursuant to	61671
Chapter 5739. or 5741. of the Revised Code.	61672

Sec. 5741.121. (A) If the total amount of tax required to be	61673
paid by a seller or consumer under section 5741.12 of the Revised	61674
Code for any year equals or exceeds seventy-five thousand dollars,	61675
the seller or consumer shall remit each monthly tax payment in the	61676
second ensuing and each succeeding year by electronic funds	61677
transfer as prescribed by division (B) of this section.	61678

If a seller's or consumer's tax payment for each of two	61679
consecutive years is less than seventy-five thousand dollars, the	61680
seller or consumer is relieved of the requirement to remit taxes	61681
by electronic funds transfer for the year that next follows the	61682
second of the consecutive years in which the tax payment is less	61683
than that amount, and is relieved of that requirement for each	61684
succeeding year, unless the tax payment in a subsequent year	61685
equals or exceeds seventy-five thousand dollars.	61686

The tax commissioner shall notify each seller or consumer	61687
required to remit taxes by electronic funds transfer of the	61688
seller's or consumer's obligation to do so, shall maintain an	61689
updated list of those sellers and consumers, and shall timely	61690
certify the list and any additions thereto or deletions therefrom	61691
to the treasurer of state. Failure by the tax commissioner to	61692
notify a seller or consumer subject to this section to remit taxes	61693
by electronic funds transfer does not relieve the seller or	61694
consumer of the obligation to remit taxes by electronic funds	61695
transfer.	61696

(B) Sellers and consumers required by division (A) of this	61697
section to remit payments by electronic funds transfer shall remit	61698
such payments to the treasurer of state in the manner prescribed	61699
by this section and rules adopted by the treasurer of state under	61700
section 113.061 of the Revised Code, and ~~on or before the~~	61701
~~following dates~~as follows:	61702

(1)~~(a) On or before the fifteenth day of each month, a seller~~	61703
~~shall remit an amount equal to the taxes collected during the~~	61704
~~first eleven days of the month. On or before the twenty-fifth day~~	61705
~~of each month, a seller shall remit an amount equal to the taxes~~	61706
~~collected on the twelfth through the twenty-first day of the~~	61707
~~month.~~	61708

~~(b) In lieu of remitting the actual amounts collected for the~~	61709
~~periods specified in division (B)(1)(a) of this section, a seller~~	61710
~~may, on or before each of the fifteenth and twenty-fifth days of~~	61711
~~each month, remit an amount equal to thirty-seven and one-half per~~	61712
~~cent of the seller's total tax liability for the same month in the~~	61713
~~preceding calendar year.~~	61714

~~(2) On or before each of the fifteenth and twenty-fifth days~~	61715
~~of each month, a consumer shall remit an amount equal to~~	61716
~~thirty-seven and one-half per cent of the consumer's total tax~~	61717
~~liability for the same month in the preceding calendar year.~~	61718

~~(3)~~On or before the twenty-third day of each month, a seller	61719
or consumer shall remit an amount equal to seventy-five per cent	61720
of the anticipated tax liability for that month.	61721

(2) On or before the twenty-third day of each month, a seller	61722
shall report the taxes collected and a consumer shall report the	61723
taxes due for the previous month and shall remit that amount, less	61724
any amounts paid for that month as required by division (B)(1)~~(a)~~	61725
~~or (b) or (B)(2)~~ of this section.	61726

The payment of taxes by electronic funds transfer does not	61727
affect a seller's or consumer's obligation to file the monthly	61728
return as required under section 5741.12 of the Revised Code.	61729

(C) A seller or consumer required by this section to remit	61730
taxes by electronic funds transfer may apply to the treasurer of	61731
state in the manner prescribed by the treasurer of state to be	61732
excused from that requirement. The treasurer of state may excuse	61733
the seller or consumer from remittance by electronic funds	61734
transfer for good cause shown for the period of time requested by	61735
the seller or consumer or for a portion of that period. The	61736
treasurer of state shall notify the tax commissioner and the	61737
seller or consumer of the treasurer of state's decision as soon as	61738
is practicable.	61739

(D)(1)(a) If a seller or consumer that is required to remit	61740
payments under division (B) of this section fails to make a	61741
payment, or makes a payment under division (B)(1) of this section	61742
that is less than seventy-five per cent of the actual liability	61743
for that month, the commissioner may impose an additional charge	61744
not to exceed five per cent of that unpaid amount.	61745

(b) Division (D)(1)(a) of this section does not apply if the	61746
seller's or consumer's payment under division (B)(1) of this	61747
section is equal to or greater than seventy-five per cent of the	61748
seller's or consumer's reported liability for the same month in	61749
the immediately preceding calendar year.	61750

(2) If a seller or consumer required by this section to remit	61751
taxes by electronic funds transfer remits those taxes by some	61752
means other than by electronic funds transfer as prescribed by the	61753
rules adopted by the treasurer of state, and the treasurer of	61754
state determines that such failure was not due to reasonable cause	61755
or was due to willful neglect, the treasurer of state shall notify	61756
the tax commissioner of the failure to remit by electronic funds	61757
transfer and shall provide the commissioner with any information	61758
used in making that determination. The tax commissioner may impose	61759
an additional charge not to exceed the lesser of five per cent of	61760
the amount of the taxes required to be paid by electronic funds	61761
transfer or five thousand dollars.	61762

(3) Any additional charge imposed under this section is in	61763
addition to any other penalty or charge imposed under this	61764
chapter, and shall be considered as revenue arising from taxes	61765
imposed under this chapter. An additional charge may be collected	61766
by assessment in the manner prescribed by section 5741.13 of the	61767
Revised Code. The tax commissioner may waive all or a portion of	61768
such a charge and may adopt rules governing such waiver.	61769

No additional charge shall be imposed under division (D)(2)	61770
of this section against a seller or consumer that has been	61771
notified of the obligation to remit taxes under this section and	61772
that remits its first two tax payments after such notification by	61773
some means other than electronic funds transfer. The additional	61774
charge may be imposed upon the remittance of any subsequent tax	61775
payment that the seller or consumer remits by some means other	61776
than electronic funds transfer.	61777

Sec. 5741.122. (A) If required by the tax commissioner, a	61778
person required to make payments by electronic funds transfer	61779
under section 5739.032 or 5741.121 of the Revised Code shall file	61780
all returns and reports electronically. The commissioner may	61781
require the person to use the Ohio business gateway, as defined in	61782
section 718.051 of the Revised Code, or any other electronic	61783
means, to file the returns and reports, or to remit the tax, in	61784
lieu of the manner prescribed by the treasurer of state under	61785
sections 5739.032 and 5741.121 of the Revised Code.	61786

(B) A person required under this section to file reports and	61787
returns electronically may apply to the commissioner to be excused	61788
from that requirement. Applications shall be made on a form	61789
prescribed by the commissioner. The commissioner may approve the	61790
application for good cause.	61791

(C)(1) If a person required to file a report or return	61792
electronically under this section fails to do so, the commissioner	61793
may impose an additional charge not to exceed the following:	61794

(a) For each of the first two failures, five per cent of the	61795
amount required to be reported on the report or return;	61796

(b) For the third and any subsequent failure, ten per cent of	61797
the amount required to be reported on the report or return.	61798

(2) The charges authorized under division (C)(1) of this	61799
section are in addition to any other charge or penalty authorized	61800
under this chapter, and shall be considered as revenue arising	61801
from taxes imposed under this chapter. An additional charge may be	61802
collected by assessment in the manner prescribed by section	61803
5741.13 of the Revised Code. The commissioner may waive all or a	61804
portion of such a charge and may adopt rules governing such	61805
waiver.	61806

Sec. 5743.01. As used in this chapter:

61807

(A) "Person" includes individuals, firms, partnerships,	61808
associations, joint-stock companies, corporations, combinations of	61809
individuals of any form, and the state and any of its political	61810
subdivisions.	61811

(B) "Wholesale dealer" includes only those persons:

61812

(1) Who bring in or cause to be brought into this state	61813
unstamped cigarettes purchased directly from the manufacturer,	61814
producer, or importer of cigarettes for sale in this state but	61815
does not include persons who bring in or cause to be brought into	61816
this state cigarettes with respect to which no evidence of tax	61817
payment is required thereon as provided in section 5743.04 of the	61818
Revised Code; or	61819

(2) Who are engaged in the business of selling cigarettes or	61820
tobacco products to others for the purpose of resale.	61821

"Wholesale dealer" does not include any cigarette	61822
manufacturer, export warehouse proprietor, or importer with a	61823
valid permit under 26 U.S.C. 5713 if that person sells cigarettes	61824
in this state only to wholesale dealers holding valid and current	61825
licenses under section 5743.15 of the Revised Code or to an export	61826
warehouse proprietor or another manufacturer.	61827

61828

(1) In reference to dealers in cigarettes, every person other	61829
than a wholesale dealer engaged in the business of selling	61830
cigarettes in this state, regardless of whether the person is	61831
located in this state or elsewhere, and regardless of quantity,	61832
amount, or number of sales;	61833

(2) In reference to dealers in tobacco products, any person	61834
in this state engaged in the business of selling tobacco products	61835
to ultimate consumers in this state, regardless of quantity,	61836
amount, or number of sales.	61837

(D) "Sale" includes exchange, barter, gift, offer for sale,	61838
and distribution, and includes transactions in interstate or	61839
foreign commerce.	61840

(E) "Cigarettes" includes any roll for smoking made wholly or	61841
in part of tobacco, irrespective of size or shape, and whether or	61842
not such tobacco is flavored, adulterated, or mixed with any other	61843
ingredient, the wrapper or cover of which is made of paper,	61844
reconstituted cigarette tobacco, homogenized cigarette tobacco,	61845
cigarette tobacco sheet, or any similar materials other than cigar	61846
tobacco.	61847

(F) "Package" means the individual package, box, or other	61848
container in or from which retail sales of cigarettes are normally	61849
made or intended to be made.	61850

(G) "Stamp" includes an impression made by a metering device	61851
as provided for in section 5743.04 of the Revised Code.	61852

(H) "Storage" includes any keeping or retention of cigarettes	61853
or tobacco products for use or consumption in this state.	61854

(I) "Use" includes the exercise of any right or power	61855
incidental to the ownership of cigarettes or tobacco products.	61856

(J) "Tobacco product" or "other tobacco product" means any	61857
product made from tobacco, other than cigarettes, that is made for	61858
smoking or chewing, or both, and snuff.	61859

(K) "Wholesale price" means the invoice price, including all	61860
federal excise taxes, at which the manufacturer of the tobacco	61861
product sells the tobacco product to unaffiliated distributors,	61862
excluding any discounts based on the method of payment of the	61863
invoice or on time of payment of the invoice. If the taxpayer buys	61864
from other than a manufacturer, "wholesale price" means the	61865
invoice price, including all federal excise taxes and excluding	61866
any discounts based on the method of payment of the invoice or on	61867
time of payment of the invoice.	61868

(L) "Distributor" means:

61869

(1) Any manufacturer who sells, barters, exchanges, or	61870
distributes tobacco products to a retail dealer in the state,	61871
except when selling to a retail dealer that has filed with the	61872
manufacturer a signed statement agreeing to pay and be liable for	61873
the tax imposed by section 5743.51 of the Revised Code;	61874

(2) Any wholesale dealer located in the state who receives	61875
tobacco products from a manufacturer, or who receives tobacco	61876
products on which the tax imposed by this chapter has not been	61877
paid;	61878

(3) Any wholesale dealer located outside the state who sells,	61879
barters, exchanges, or distributes tobacco products to a wholesale	61880
or retail dealer in the state; or	61881

(4) Any retail dealer who receives tobacco products on which	61882
the tax has not or will not be paid by another distributor,	61883
including a retail dealer that has filed a signed statement with a	61884
manufacturer in which the retail dealer agrees to pay and be	61885
liable for the tax that would otherwise be imposed on the	61886
manufacturer by section 5743.51 of the Revised Code.	61887

(M) "Taxpayer" means any person liable for the tax imposed by	61888
section 5743.51, 5743.62, or 5743.63 of the Revised Code.	61889

(N) "Seller" means any person located outside this state	61890
engaged in the business of selling tobacco products to consumers	61891
for storage, use, or other consumption in this state.	61892

(O) "Manufacturer" means any person who manufactures and	61893
sells cigarettes or tobacco products.	61894

(P) "Importer" means any person that ~~imports~~ is authorized,	61895
under a valid permit issued under Section 5713 of the Internal	61896
Revenue Code, to import finished cigarettes into the United	61897
States, either directly or indirectly.	61898

Sec. 5743.20. No person shall sell any cigarettes both as a	61899
retail dealer and as a wholesale dealer at the same place of	61900
business. No person other than a licensed wholesale dealer shall	61901
sell cigarettes to a licensed retail dealer. No retail dealer	61902
shall purchase cigarettes from any person other than a licensed	61903
wholesale dealer.	61904

Subject to section 5743.031 of the Revised Code, a licensed	61905
wholesale dealer may not sell cigarettes to any person in this	61906
state other than a licensed retail dealer, except a licensed	61907
wholesale dealer may sell cigarettes to another licensed wholesale	61908
dealer if the tax commissioner has authorized the sale of the	61909
cigarettes between those wholesale dealers and the wholesale	61910
dealer that sells the cigarettes received them directly from a	61911
licensed manufacturer or licensed importer.	61912

The tax commissioner shall adopt rules governing sales of	61913
cigarettes between licensed wholesale dealers, including rules	61914
establishing criteria for authorizing such sales.	61915

No manufacturer or importer shall sell cigarettes to any	61916
person in this state other than to a licensed wholesale dealer or	61917
licensed importer. No importer shall purchase cigarettes from any	61918
person other than a licensed manufacturer or licensed importer.	61919

A retail dealer may purchase other tobacco products only from	61920
a licensed distributor. A licensed distributor may sell tobacco	61921
products only to a retail dealer, except a licensed distributor	61922
may sell tobacco products to another licensed distributor if the	61923
tax commissioner has authorized the sale of the tobacco products	61924
between those distributors and the distributor that sells the	61925
tobacco products received them directly from a manufacturer or	61926
importer of tobacco products.	61927

The tax commissioner may adopt rules governing sales of	61928
tobacco products between licensed distributors, including rules	61929
establishing criteria for authorizing such sales.	61930

The identities of ~~licensed distributors~~cigarette	61931
manufacturers and importers, licensed cigarette wholesalers,	61932
licensed distributors of other tobacco products, and registered	61933
manufacturers, importers, and brokers of other tobacco products	61934
are subject to public disclosure. The tax commissioner shall	61935
maintain an alphabetical list of all such ~~distributors~~	61936
manufacturers, importers, wholesalers, distributors, and brokers,	61937
shall post the list on a web site accessible to the public through	61938
the internet, and shall periodically update the web site posting.	61939

As used in this section, "licensed" means the manufacturer,	61940
importer, wholesale dealer, ~~retail dealer,~~ or distributor holds a	61941
current and valid license issued under section 5743.15 or 5743.61	61942
of the Revised Code, and "registered" means registered with the	61943
tax commissioner under section 5743.66 of the Revised Code.	61944

Sec. 5743.99. (A) ~~Whoever~~(1) Except as provided in	61945
division (A)(2) of this section, whoever violates section 5743.10,	61946
5743.11, or 5743.12 or division (C) of section 5743.54 of the	61947
Revised Code is guilty of a misdemeanor of the first degree. If	61948
the offender has been previously convicted of an offense under	61949
this division, violation is a felony of the fourth degree.	61950

(2) Unless the total number of cigarettes exceeds one	61951
thousand two hundred, an individual who violates section 5743.10	61952
of the Revised Code is guilty of a minor misdemeanor. If the	61953
offender has been previously convicted of an offense under this	61954
division, violation is a misdemeanor of the first degree.	61955

(B) Whoever violates section 5743.111, 5743.112, 5743.13,	61956
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a	61957
felony of the fourth degree. If the offender has been previously	61958
convicted of an offense under this division, violation is a felony	61959
of the second degree.	61960

(C) Whoever violates section 5743.41 or 5743.42 of the	61961
Revised Code is guilty of a misdemeanor of the fourth degree. If	61962
the offender has been previously convicted of an offense under	61963
this division, violation is a misdemeanor of the third degree.	61964

(D) Whoever violates section 5743.21 of the Revised Code is	61965
guilty of a misdemeanor of the first degree. If the offender has	61966
been previously convicted of an offense under this division,	61967
violation is a felony of the fifth degree.	61968

(E) Whoever violates division (F) of section 5743.03 of the	61969
Revised Code is guilty of a misdemeanor of the fourth degree.	61970

(F) Whoever violates any provision of this chapter, or any	61971
rule promulgated by the tax commissioner under authority of this	61972
chapter, for the violation of which no penalty is provided	61973
elsewhere, is guilty of a misdemeanor of the fourth degree.	61974

(G) In addition to any other penalty imposed upon a person	61975
convicted of a violation of section 5743.112 or 5743.60 of the	61976
Revised Code who was the operator of a motor vehicle used in the	61977
violation, the court shall suspend for not less than thirty days	61978
or more than three years the offender's driver's license,	61979
commercial driver's license, temporary instruction permit,	61980
probationary license, or nonresident operating privilege. The	61981
court shall send a copy of its suspension order and determination	61982
to the registrar of motor vehicles, and the registrar, pursuant to	61983
the order and determination, shall impose a suspension of the same	61984
duration. No judge shall suspend the first thirty days of	61985
suspension of an offender's license, permit, or privilege required	61986
by this division.	61987

Sec. 5745.02. (A) The annual report filed under section	61988
5745.03 of the Revised Code determines a taxpayer's Ohio net	61989
income and the portion of Ohio net income to be apportioned to a	61990
municipal corporation.	61991

(B) A taxpayer's Ohio net income is determined by multiplying	61992
the taxpayer's adjusted federal taxable income by the sum of the	61993
property factor multiplied by one-third, the payroll factor	61994
multiplied by one-third, and the sales factor multiplied by	61995
one-third. If the denominator of one of the factors is zero, the	61996
remaining two factors each shall be multiplied by one-half instead	61997
of one-third; if the denominator of two of the factors is zero,	61998
the remaining factor shall be multiplied by one. The property,	61999
payroll, and sales factors shall be determined in the manner	62000
prescribed by divisions (B)(1), (2), and (3) of this section.	62001

(1) The property factor is a fraction, the numerator of which	62002
is the average value of the taxpayer's real and tangible personal	62003
property owned or rented, and used in business in this state	62004
during the taxable year, and the denominator of which is the	62005
average value of all the taxpayer's real and tangible personal	62006
property owned or rented, and used in business everywhere during	62007
such year. Property owned by the taxpayer is valued at its	62008
original cost. Property rented by the taxpayer is valued at eight	62009
times the net annual rental rate. "Net annual rental rate" means	62010
the annual rental rate paid by the taxpayer less any annual rental	62011
rate received by the taxpayer from subrentals. The average value	62012
of property shall be determined by averaging the values at the	62013
beginning and the end of the taxable year, but the tax	62014
commissioner may require the averaging of monthly values during	62015
the taxable year, if reasonably required to reflect properly the	62016
average value of the taxpayer's property.	62017

(2) The payroll factor is a fraction, the numerator of which	62018
is the total amount paid in this state during the taxable year by	62019
the taxpayer for compensation, and the denominator of which is the	62020
total compensation paid everywhere by the taxpayer during such	62021
year. Compensation means any form of remuneration paid to an	62022
employee for personal services. Compensation is paid in this state	62023
if: (a) the recipient's service is performed entirely within this	62024
state, (b) the recipient's service is performed both within and	62025
without this state, but the service performed without this state	62026
is incidental to the recipient's service within this state, or (c)	62027
some of the service is performed within this state and either the	62028
base of operations, or if there is no base of operations, the	62029
place from which the service is directed or controlled is within	62030
this state, or the base of operations or the place from which the	62031
service is directed or controlled is not in any state in which	62032
some part of the service is performed, but the recipient's	62033
residence is in this state.	62034

(3) The sales factor is a fraction, the numerator of which is	62035
the total sales in this state by the taxpayer during the taxable	62036
year, and the denominator of which is the total sales by the	62037
taxpayer everywhere during such year. Sales of electricity shall	62038
be sitused to this state in the manner provided under section	62039
5733.059 of the Revised Code. In determining the numerator and	62040
denominator of the sales factor, receipts from the sale or other	62041
disposal of a capital asset or an asset described in section 1231	62042
of the Internal Revenue Code shall be eliminated. Also, in	62043
determining the numerator and denominator of the sales factor, in	62044
the case of a reporting taxpayer owning at least eighty per cent	62045
of the issued and outstanding common stock of one or more	62046
insurance companies or public utilities, except an electric	62047
company, a combined company, or a telephone company, or owning at	62048
least twenty-five per cent of the issued and outstanding common	62049
stock of one or more financial institutions, receipts received by	62050
the reporting taxpayer from such utilities, insurance companies,	62051
and financial institutions shall be eliminated.	62052

For the purpose of division (B)(3) of this section, sales of	62053
tangible personal property are in this state where such property	62054
is received in this state by the purchaser. In the case of	62055
delivery of tangible personal property by common carrier or by	62056
other means of transportation, the place at which such property is	62057
ultimately received after all transportation has been completed	62058
shall be considered as the place at which such property is	62059
received by the purchaser. Direct delivery in this state, other	62060
than for purposes of transportation, to a person or firm	62061
designated by a purchaser constitutes delivery to the purchaser in	62062
this state, and direct delivery outside this state to a person or	62063
firm designated by a purchaser does not constitute delivery to the	62064
purchaser in this state, regardless of where title passes or other	62065
conditions of sale.	62066

Sales, other than sales of electricity or tangible personal	62067
property, are in this state if either the income-producing	62068
activity is performed solely in this state, or the	62069
income-producing activity is performed both within and without	62070
this state and a greater proportion of the income-producing	62071
activity is performed within this state than in any other state,	62072
based on costs of performance.	62073

For the purposes of division (B)(3) of this section, the tax	62074
commissioner may adopt rules to apportion sales within this state.	62075

(C) The portion of a taxpayer's Ohio net income taxable by	62076
each municipal corporation imposing an income tax shall be	62077
determined by multiplying the taxpayer's Ohio net income by the	62078
sum of the municipal property factor multiplied by one-third, the	62079
municipal payroll factor multiplied by one-third, and the	62080
municipal sales factor multiplied by one-third, and subtracting	62081
from the product so obtained any "municipal net operating loss	62082
carryforward from prior taxable years." If the denominator of one	62083
of the factors is zero, the remaining two factors each shall be	62084
multiplied by one-half instead of one-third; if the denominator of	62085
two of the factors is zero, the remaining factor shall be	62086
multiplied by one. In calculating the "municipal net operating	62087
loss carryforward from prior taxable years" for each municipal	62088
corporation, net operating losses are apportioned in and out of a	62089
municipal corporation for the taxable year in which the net	62090
operating loss occurs in the same manner that positive net income	62091
would have been so apportioned. Any net operating loss for a	62092
municipal corporation may be applied to subsequent net income in	62093
that municipal corporation to reduce that income to zero or until	62094
the net operating loss has been fully used as a deduction. The	62095
unused portion of net operating losses for each taxable year	62096
apportioned to a municipal corporation may only be applied against	62097
the income apportioned to that municipal corporation for five	62098
subsequent taxable years. Net operating losses occurring in	62099
taxable years ending before 2002 may not be subtracted under this	62100
section.	62101

A taxpayer's municipal property, municipal payroll, and	62102
municipal sales factors for a municipal corporation shall be	62103
determined as provided in divisions (C)(1), (2), and (3) of this	62104
section.	62105

(1) The municipal property factor is the quotient obtained by	62106
dividing (a) the average value of real and tangible personal	62107
property owned or rented by the taxpayer and used in business in	62108
the municipal corporation during the taxable year by (b) the	62109
average value of all of the taxpayer's real and tangible personal	62110
property owned or rented and used in business during that taxable	62111
year in this state. The value and average value of such property	62112
shall be determined in the same manner provided in division (B)(1)	62113
of this section.	62114

(2) The municipal payroll factor is the quotient obtained by	62115
dividing (a) the total amount of compensation earned in the	62116
municipal corporation by the taxpayer's employees during the	62117
taxable year for services performed for the taxpayer and that is	62118
subject to income tax withholding by the municipal corporation by	62119
(b) the total amount of compensation paid by the taxpayer to its	62120
employees in this state during the taxable year. Compensation has	62121
the same meaning as in division (B)(2) of this section.	62122

(3) The municipal sales factor is a fraction, the numerator	62123
of which is the taxpayer's total sales in a municipal corporation	62124
during the taxable year, and the denominator of which is the	62125
taxpayer's total sales in this state during such year.	62126

For the purpose of division (C)(3) of this section, sales of	62127
tangible personal property are in the municipal corporation where	62128
such property is received in the municipal corporation by the	62129
purchaser. Sales of electricity directly to the ~~consumer~~customer,	62130
as defined in section 5733.059 of the Revised Code, shall be	62131
considered sales of tangible personal property. In the case of the	62132
delivery of tangible personal property by common carrier or by	62133
other means of transportation, the place at which such property	62134
ultimately is received after all transportation has been completed	62135
shall be considered as the place at which the property is received	62136
by the purchaser. Direct delivery in the municipal corporation,	62137
other than for purposes of transportation, to a person or firm	62138
designated by a purchaser constitutes delivery to the purchaser in	62139
that municipal corporation, and direct delivery outside the	62140
municipal corporation to a person or firm designated by a	62141
purchaser does not constitute delivery to the purchaser in that	62142
municipal corporation, regardless of where title passes or other	62143
conditions of sale. Sales, other than sales of tangible personal	62144
property, are in the municipal corporation if either:	62145

(a) The income-producing activity is performed solely in the	62146
municipal corporation;	62147

(b) The income-producing activity is performed both within	62148
and without the municipal corporation and a greater proportion of	62149
the income-producing activity is performed within that municipal	62150
corporation than any other location in this state, based on costs	62151
of performance.	62152

For the purposes of division (C)(3) of this section, the tax	62153
commissioner may adopt rules to apportion sales within each	62154
municipal corporation.	62155

(D) If a taxpayer is a combined company as defined in section	62156
5727.01 of the Revised Code, the municipal property, payroll, and	62157
sales factors under division (C) of this section shall be adjusted	62158
as follows:	62159

(1) The numerator of the municipal property factor shall	62160
include only the value, as determined under division (C)(1) of	62161
this section, of the company's real and tangible property in the	62162
municipal corporation attributed to the company's activity as an	62163
electric company using the same methodology prescribed under	62164
section 5727.03 of the Revised Code for taxable tangible personal	62165
property.	62166

(2) The numerator of the municipal payroll factor shall	62167
include only compensation paid in the municipal corporation by the	62168
company to its employees for personal services rendered in the	62169
company's activity as an electric company.	62170

(3) The numerator of the municipal sales factor shall include	62171
only the sales of tangible personal property and services, as	62172
determined under division (C)(3) of this section, made in the	62173
municipal corporation in the course of the company's activity as	62174
an electric company.	62175

(E)(1) If the provisions for apportioning adjusted federal	62176
taxable income or Ohio net income under divisions (B), (C), and	62177
(D) of this section do not fairly represent business activity in	62178
this state or among municipal corporations, the tax commissioner	62179
may adopt rules for apportioning such income by an alternative	62180
method that fairly represents business activity in this state or	62181
among municipal corporations.	62182

(2) If any of the factors determined under division (B), (C),	62183
or (D) of this section does not fairly represent the extent of a	62184
taxpayer's business activity in this state or among municipal	62185
corporations, the taxpayer may request, or the tax commissioner	62186
may require, that the taxpayer's adjusted federal taxable income	62187
or Ohio net income be determined by an alternative method,	62188
including any of the alternative methods enumerated in division	62189
(B)(2)(d) of section 5733.05 of the Revised Code. A taxpayer	62190
requesting an alternative method shall make the request in writing	62191
to the tax commissioner either with the annual report, a timely	62192
filed amended report, or a timely filed petition for reassessment.	62193
When the tax commissioner requires or permits an alternative	62194
method under division (E)(2) of this section, the tax commissioner	62195
shall cause a written notice to that effect to be delivered to any	62196
municipal corporation that would be affected by application of the	62197
alternative method. Nothing in this division shall be construed	62198
to extend any statute of limitations under this chapter.	62199

(F)(1) The tax commissioner may adopt rules providing for the	62200
combination of adjusted federal taxable incomes of taxpayers	62201
satisfying the ownership or control requirements of section	62202
5733.052 of the Revised Code if the tax commissioner finds that	62203
such combinations are necessary to properly reflect adjusted	62204
federal taxable income, Ohio net income, or the portion of Ohio	62205
net income to be taxable by municipal corporations.	62206

(2) A taxpayer satisfying the ownership or control	62207
requirements of section 5733.052 of the Revised Code with respect	62208
to one or more other taxpayers may not combine their adjusted	62209
federal taxable incomes for the purposes of this section unless	62210
rules are adopted under division (F)(1) of this section allowing	62211
such a combination or the tax commissioner finds that such a	62212
combination is necessary to properly reflect the taxpayers'	62213
adjusted federal taxable incomes, Ohio net incomes, or the portion	62214
of Ohio net incomes to be subject to taxation within a municipal	62215
corporation.	62216

(G) The tax commissioner may adopt rules providing for	62217
alternative apportionment methods for a telephone company.	62218

Sec. 5745.05. (A) Prior to the first day of March, June,	62219
September, and December, the tax commissioner shall certify to the	62220
director of budget and management the amount to be paid to each	62221
municipal corporation, as indicated on the declaration of	62222
estimated tax reports and annual reports received under sections	62223
5745.03 and 5745.04 of the Revised Code, less any amounts	62224
previously distributed and net of any audit adjustments made by	62225
the tax commissioner. Not later than the first day of March, June,	62226
September, and December, the director of budget and management	62227
shall provide for payment of the amount certified to each	62228
municipal corporation from the municipal income tax fund, plus a	62229
pro rata share of any investment earnings accruing to the fund	62230
since the previous payment under this section apportioned among	62231
municipal corporations entitled to such payments in proportion to	62232
the amount certified by the tax commissioner.	62233

(B) If the tax commissioner determines that the amount of tax	62234
paid by a taxpayer and distributed to a municipal corporation	62235
under this section for a taxable year exceeds the amount payable	62236
to that municipal corporation under this chapter after accounting	62237
for amounts remitted with the annual report and as estimated	62238
taxes, the tax commissioner shall permit the taxpayer to credit	62239
the excess against the taxpayer's payments to the municipal	62240
corporation of estimated taxes remitted for an ensuing taxable	62241
year under section 5745.04 of the Revised Code. If, upon the	62242
written request of the taxpayer, the tax commissioner determines	62243
that the excess to be so credited is likely to exceed the amount	62244
of estimated taxes payable by the taxpayer to the municipal	62245
corporation during the ensuing twelve months, the tax commissioner	62246
shall so notify the municipal corporation and the municipal	62247
corporation shall issue a refund of the excess to the taxpayer	62248
within ninety days after receiving such a notice. Interest shall	62249
accrue on the amount to be refunded and is payable to the taxpayer	62250
at the rate per annum prescribed by section 5703.47 of the Revised	62251
Code from the ninety-first day after the notice is received by the	62252
municipal corporation until the day the refund is paid.	62253
Immediately after notifying a municipal corporation under this	62254
division of an excess to be refunded, the commissioner also shall	62255
notify the director of budget and management of the amount of the	62256
excess, and the director shall transfer from the municipal income	62257
tax administrative fund to the municipal income tax fund one and	62258
one-half per cent of the amount of the excess. The commissioner	62259
shall include the transferred amount in the computation of the	62260
amount due the municipal corporation in the next certification to	62261
the director under division (A) of this section.	62262

Sec. 5745.13. If, upon examination of any books, records,	62263
reports, or other documents of a taxpayer, the tax commissioner	62264
determines that an adjustment shall be made in the portion of the	62265
taxpayer's income that is to be apportioned to a municipal	62266
corporation, the tax commissioner shall notify the taxpayer and,	62267
if the adjustment causes an adjustment in the taxpayer's tax owed	62268
to a municipal corporation for the taxpayer's taxable year of more	62269
than five hundred dollars, shall notify ~~each affected~~that	62270
municipal corporation that the taxpayer's tax has been adjusted.	62271

Any municipal corporation to which such a notice is issued	62272
may request a review and redetermination of the taxpayer's federal	62273
taxable income, Ohio net income, or the portion of Ohio net income	62274
apportioned to the municipal corporation by filing a petition with	62275
the tax commissioner not later than sixty days after the tax	62276
commissioner issues the notice. The petition shall be filed either	62277
personally or by certified mail, and shall indicate the objections	62278
of the municipal corporation.	62279

Upon receiving such a petition, if a hearing is requested the	62280
tax commissioner shall assign a time and place for a hearing on	62281
the petition and shall notify the petitioner of the time and place	62282
of the hearing by ordinary mail. The tax commissioner may continue	62283
the hearing from time to time as necessary. The tax commissioner	62284
shall make any correction to the taxpayer's federal taxable	62285
income, Ohio net income, or apportionment of Ohio net income that	62286
the commissioner finds proper, and issue notice of any correction	62287
by ordinary mail to the petitioner, to each other municipal	62288
corporation affected by the correction of the apportionment, and	62289
to the taxpayer. The tax commissioner's decision on the matter is	62290
final, and is not subject to further appeal.	62291

Sec. 5747.01. Except as otherwise expressly provided or	62292
clearly appearing from the context, any term used in this chapter	62293
that is not otherwise defined in this section has the same meaning	62294
as when used in a comparable context in the laws of the United	62295
States relating to federal income taxes or if not used in a	62296
comparable context in those laws, has the same meaning as in	62297
section 5733.40 of the Revised Code. Any reference in this chapter	62298
to the Internal Revenue Code includes other laws of the United	62299
States relating to federal income taxes.	62300

As used in this chapter:

62301

(A) "Adjusted gross income" or "Ohio adjusted gross income"	62302
means federal adjusted gross income, as defined and used in the	62303
Internal Revenue Code, adjusted as provided in this section:	62304

(1) Add interest or dividends on obligations or securities of	62305
any state or of any political subdivision or authority of any	62306
state, other than this state and its subdivisions and authorities.	62307

(2) Add interest or dividends on obligations of any	62308
authority, commission, instrumentality, territory, or possession	62309
of the United States to the extent that the interest or dividends	62310
are exempt from federal income taxes but not from state income	62311
taxes.	62312

(3) Deduct interest or dividends on obligations of the United	62313
States and its territories and possessions or of any authority,	62314
commission, or instrumentality of the United States to the extent	62315
that the interest or dividends are included in federal adjusted	62316
gross income but exempt from state income taxes under the laws of	62317
the United States.	62318

(4) Deduct disability and survivor's benefits to the extent	62319
included in federal adjusted gross income.	62320

(5) Deduct benefits under Title II of the Social Security Act	62321
and tier 1 railroad retirement benefits to the extent included in	62322
federal adjusted gross income under section 86 of the Internal	62323
Revenue Code.	62324

(6) In the case of a taxpayer who is a beneficiary of a trust	62325
that makes an accumulation distribution as defined in section 665	62326
of the Internal Revenue Code, add, for the beneficiary's taxable	62327
years beginning before 2002, the portion, if any, of such	62328
distribution that does not exceed the undistributed net income of	62329
the trust for the three taxable years preceding the taxable year	62330
in which the distribution is made to the extent that the portion	62331
was not included in the trust's taxable income for any of the	62332
trust's taxable years beginning in 2002 or thereafter.	62333
"Undistributed net income of a trust" means the taxable income of	62334
the trust increased by (a)(i) the additions to adjusted gross	62335
income required under division (A) of this section and (ii) the	62336
personal exemptions allowed to the trust pursuant to section	62337
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	62338
deductions to adjusted gross income required under division (A) of	62339
this section, (ii) the amount of federal income taxes attributable	62340
to such income, and (iii) the amount of taxable income that has	62341
been included in the adjusted gross income of a beneficiary by	62342
reason of a prior accumulation distribution. Any undistributed net	62343
income included in the adjusted gross income of a beneficiary	62344
shall reduce the undistributed net income of the trust commencing	62345
with the earliest years of the accumulation period.	62346

(7) Deduct the amount of wages and salaries, if any, not	62347
otherwise allowable as a deduction but that would have been	62348
allowable as a deduction in computing federal adjusted gross	62349
income for the taxable year, had the targeted jobs credit allowed	62350
and determined under sections 38, 51, and 52 of the Internal	62351
Revenue Code not been in effect.	62352

(8) Deduct any interest or interest equivalent on public	62353
obligations and purchase obligations to the extent that the	62354
interest or interest equivalent is included in federal adjusted	62355
gross income.	62356

(9) Add any loss or deduct any gain resulting from the sale,	62357
exchange, or other disposition of public obligations to the extent	62358
that the loss has been deducted or the gain has been included in	62359
computing federal adjusted gross income.	62360

(10) Deduct or add amounts, as provided under section	62361
5747.70 of the Revised Code, related to contributions to variable	62362
college savings program accounts made or tuition units purchased	62363
pursuant to Chapter 3334. of the Revised Code.	62364

(11)(a) Deduct, to the extent not otherwise allowable as a	62365
deduction or exclusion in computing federal or Ohio adjusted gross	62366
income for the taxable year, the amount the taxpayer paid during	62367
the taxable year for medical care insurance and qualified	62368
long-term care insurance for the taxpayer, the taxpayer's spouse,	62369
and dependents. No deduction for medical care insurance under	62370
division (A)(11) of this section shall be allowed either to any	62371
taxpayer who is eligible to participate in any subsidized health	62372
plan maintained by any employer of the taxpayer or of the	62373
taxpayer's spouse, or to any taxpayer who is entitled to, or on	62374
application would be entitled to, benefits under part A of Title	62375
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	62376
301, as amended. For the purposes of division (A)(11)(a) of this	62377
section, "subsidized health plan" means a health plan for which	62378
the employer pays any portion of the plan's cost. The deduction	62379
allowed under division (A)(11)(a) of this section shall be the net	62380
of any related premium refunds, related premium reimbursements, or	62381
related insurance premium dividends received during the taxable	62382
year.	62383

(b) Deduct, to the extent not otherwise deducted or excluded	62384
in computing federal or Ohio adjusted gross income during the	62385
taxable year, the amount the taxpayer paid during the taxable	62386
year, not compensated for by any insurance or otherwise, for	62387
medical care of the taxpayer, the taxpayer's spouse, and	62388
dependents, to the extent the expenses exceed seven and one-half	62389
per cent of the taxpayer's federal adjusted gross income.	62390

(c) For purposes of division (A)(11) of this section,	62391
"medical care" has the meaning given in section 213 of the	62392
Internal Revenue Code, subject to the special rules, limitations,	62393
and exclusions set forth therein, and "qualified long-term care"	62394
has the same meaning given in section 7702B(c) of the Internal	62395
Revenue Code.	62396

(12)(a) Deduct any amount included in federal adjusted gross	62397
income solely because the amount represents a reimbursement or	62398
refund of expenses that in any year the taxpayer had deducted as	62399
an itemized deduction pursuant to section 63 of the Internal	62400
Revenue Code and applicable United States department of the	62401
treasury regulations. The deduction otherwise allowed under	62402
division (A)(12)(a) of this section shall be reduced to the extent	62403
the reimbursement is attributable to an amount the taxpayer	62404
deducted under this section in any taxable year.	62405

(b) Add any amount not otherwise included in Ohio adjusted	62406
gross income for any taxable year to the extent that the amount is	62407
attributable to the recovery during the taxable year of any amount	62408
deducted or excluded in computing federal or Ohio adjusted gross	62409
income in any taxable year.	62410

(13) Deduct any portion of the deduction described in section	62411
1341(a)(2) of the Internal Revenue Code, for repaying previously	62412
reported income received under a claim of right, that meets both	62413
of the following requirements:	62414

(a) It is allowable for repayment of an item that was	62415
included in the taxpayer's adjusted gross income for a prior	62416
taxable year and did not qualify for a credit under division (A)	62417
or (B) of section 5747.05 of the Revised Code for that year;	62418

(b) It does not otherwise reduce the taxpayer's adjusted	62419
gross income for the current or any other taxable year.	62420

(14) Deduct an amount equal to the deposits made to, and net	62421
investment earnings of, a medical savings account during the	62422
taxable year, in accordance with section 3924.66 of the Revised	62423
Code. The deduction allowed by division (A)(14) of this section	62424
does not apply to medical savings account deposits and earnings	62425
otherwise deducted or excluded for the current or any other	62426
taxable year from the taxpayer's federal adjusted gross income.	62427

(15)(a) Add an amount equal to the funds withdrawn from a	62428
medical savings account during the taxable year, and the net	62429
investment earnings on those funds, when the funds withdrawn were	62430
used for any purpose other than to reimburse an account holder	62431
for, or to pay, eligible medical expenses, in accordance with	62432
section 3924.66 of the Revised Code;	62433

(b) Add the amounts distributed from a medical savings	62434
account under division (A)(2) of section 3924.68 of the Revised	62435
Code during the taxable year.	62436

(16) Add any amount claimed as a credit under section	62437
5747.059 of the Revised Code to the extent that such amount	62438
satisfies either of the following:	62439

(a) The amount was deducted or excluded from the computation	62440
of the taxpayer's federal adjusted gross income as required to be	62441
reported for the taxpayer's taxable year under the Internal	62442
Revenue Code;	62443

(b) The amount resulted in a reduction of the taxpayer's	62444
federal adjusted gross income as required to be reported for any	62445
of the taxpayer's taxable years under the Internal Revenue Code.	62446

(17) Deduct the amount contributed by the taxpayer to an	62447
individual development account program established by a county	62448
department of job and family services pursuant to sections 329.11	62449
to 329.14 of the Revised Code for the purpose of matching funds	62450
deposited by program participants. On request of the tax	62451
commissioner, the taxpayer shall provide any information that, in	62452
the tax commissioner's opinion, is necessary to establish the	62453
amount deducted under division (A)(17) of this section.	62454

(18) Beginning in taxable year 2001 but not for any taxable	62455
year beginning after December 31, 2005, if the taxpayer is married	62456
and files a joint return and the combined federal adjusted gross	62457
income of the taxpayer and the taxpayer's spouse for the taxable	62458
year does not exceed one hundred thousand dollars, or if the	62459
taxpayer is single and has a federal adjusted gross income for the	62460
taxable year not exceeding fifty thousand dollars, deduct amounts	62461
paid during the taxable year for qualified tuition and fees paid	62462
to an eligible institution for the taxpayer, the taxpayer's	62463
spouse, or any dependent of the taxpayer, who is a resident of	62464
this state and is enrolled in or attending a program that	62465
culminates in a degree or diploma at an eligible institution. The	62466
deduction may be claimed only to the extent that qualified tuition	62467
and fees are not otherwise deducted or excluded for any taxable	62468
year from federal or Ohio adjusted gross income. The deduction may	62469
not be claimed for educational expenses for which the taxpayer	62470
claims a credit under section 5747.27 of the Revised Code.	62471

(19) Add any reimbursement received during the taxable year	62472
of any amount the taxpayer deducted under division (A)(18) of this	62473
section in any previous taxable year to the extent the amount is	62474
not otherwise included in Ohio adjusted gross income.	62475

(20)(a)(i) Add five-sixths of the amount of depreciation	62476
expense allowed by subsection (k) of section 168 of the Internal	62477
Revenue Code, including the taxpayer's proportionate or	62478
distributive share of the amount of depreciation expense allowed	62479
by that subsection to a pass-through entity in which the taxpayer	62480
has a direct or indirect ownership interest.	62481

(ii) Add five-sixths of the amount of qualifying section 179	62482
depreciation expense, including a person's proportionate or	62483
distributive share of the amount of qualifying section 179	62484
depreciation expense allowed to any pass-through entity in which	62485
the person has a direct or indirect ownership. For the purposes of	62486
this division, "qualifying section 179 depreciation expense" means	62487
the difference between (I) the amount of depreciation expense	62488
directly or indirectly allowed to the taxpayer under section 179	62489
of the Internal Revenue Code, and (II) the amount of depreciation	62490
expense directly or indirectly allowed to the taxpayer under	62491
section 179 of the Internal Revenue Code as that section existed	62492
on December 31, 2002.	62493

The tax commissioner, under procedures established by the	62494
commissioner, may waive the add-backs related to a pass-through	62495
entity if the taxpayer owns, directly or indirectly, less than	62496
five per cent of the pass-through entity.	62497

(b) Nothing in division (A)(20) of this section shall be	62498
construed to adjust or modify the adjusted basis of any asset.	62499

(c) To the extent the add-back required under division	62500
(A)(20)(a) of this section is attributable to property generating	62501
nonbusiness income or loss allocated under section 5747.20 of the	62502
Revised Code, the add-back shall be sitused to the same location	62503
as the nonbusiness income or loss generated by the property for	62504
the purpose of determining the credit under division (A) of	62505
section 5747.05 of the Revised Code. Otherwise, the add-back shall	62506
be apportioned, subject to one or more of the four alternative	62507
methods of apportionment enumerated in section 5747.21 of the	62508
Revised Code.	62509

(d) For the purposes of division (A) of this section, net	62510
operating loss carryback and carryforward shall not include	62511
five-sixths of the allowance of any net operating loss deduction	62512
carryback or carryforward to the taxable year to the extent such	62513
loss resulted from depreciation allowed by section 168(k) of the	62514
Internal Revenue Code and by the qualifying section 179	62515
depreciation expense amount.	62516

(21)(a) If the taxpayer was required to add an amount under	62517
division (A)(20)(a) of this section for a taxable year, deduct	62518
one-fifth of the amount so added for each of the five succeeding	62519
taxable years.	62520

(b) If the amount deducted under division (A)(21)(a) of this	62521
section is attributable to an add-back allocated under division	62522
(A)(20)(c) of this section, the amount deducted shall be sitused	62523
to the same location. Otherwise, the add-back shall be apportioned	62524
using the apportionment factors for the taxable year in which the	62525
deduction is taken, subject to one or more of the four alternative	62526
methods of apportionment enumerated in section 5747.21 of the	62527
Revised Code.	62528

(c) No deduction is available under division (A)(21)(a) of	62529
this section with regard to any depreciation allowed by section	62530
168(k) of the Internal Revenue Code and by the qualifying section	62531
179 depreciation expense amount to the extent that such	62532
depreciation resulted in or increased a federal net operating loss	62533
carryback or carryforward to a taxable year to which division	62534
(A)(20)(d) of this section does not apply.	62535

(22) Deduct, to the extent not otherwise deducted or excluded	62536
in computing federal or Ohio adjusted gross income for the taxable	62537
year, the amount the taxpayer received during the taxable year as	62538
reimbursement for life insurance premiums under section 5919.31 of	62539
the Revised Code.	62540

(23) Deduct, to the extent not otherwise deducted or excluded	62541
in computing federal or Ohio adjusted gross income for the taxable	62542
year, the amount the taxpayer received during the taxable year as	62543
a death benefit paid by the adjutant general under section 5919.33	62544
of the Revised Code.	62545

(24) Deduct, to the extent included in federal adjusted gross	62546
income and not otherwise allowable as a deduction or exclusion in	62547
computing federal or Ohio adjusted gross income for the taxable	62548
year, military pay and allowances received by the taxpayer during	62549
the taxable year for active duty service in the United States	62550
army, air force, navy, marine corps, or coast guard or reserve	62551
components thereof or the national guard. The deduction may not be	62552
claimed for military pay and allowances received by the taxpayer	62553
while the taxpayer is stationed in this state.	62554

(25) Deduct, to the extent not otherwise allowable as a	62555
deduction or exclusion in computing federal or Ohio adjusted gross	62556
income for the taxable year and not otherwise compensated for by	62557
any other source, the amount of qualified organ donation expenses	62558
incurred by the taxpayer during the taxable year, not to exceed	62559
ten thousand dollars. A taxpayer may deduct qualified organ	62560
donation expenses only once for all taxable years beginning with	62561
taxable years beginning in 2007.	62562

For the purposes of division (A)(25) of this section:

62563

(a) "Human organ" means all or any portion of a human liver,	62564
pancreas, kidney, intestine, or lung, and any portion of human	62565
bone marrow.	62566

(b) "Qualified organ donation expenses" means travel	62567
expenses, lodging expenses, and wages and salary forgone by a	62568
taxpayer in connection with the taxpayer's donation, while living,	62569
of one or more of the taxpayer's human organs to another human	62570
being.	62571

(B) "Business income" means income, including gain or loss,	62572
arising from transactions, activities, and sources in the regular	62573
course of a trade or business and includes income, gain, or loss	62574
from real property, tangible property, and intangible property if	62575
the acquisition, rental, management, and disposition of the	62576
property constitute integral parts of the regular course of a	62577
trade or business operation. "Business income" includes income,	62578
including gain or loss, from a partial or complete liquidation of	62579
a business, including, but not limited to, gain or loss from the	62580
sale or other disposition of goodwill.	62581

(C) "Nonbusiness income" means all income other than business	62582
income and may include, but is not limited to, compensation, rents	62583
and royalties from real or tangible personal property, capital	62584
gains, interest, dividends and distributions, patent or copyright	62585
royalties, or lottery winnings, prizes, and awards.	62586

(D) "Compensation" means any form of remuneration paid to an	62587
employee for personal services.	62588

(E) "Fiduciary" means a guardian, trustee, executor,	62589
administrator, receiver, conservator, or any other person acting	62590
in any fiduciary capacity for any individual, trust, or estate.	62591

(F) "Fiscal year" means an accounting period of twelve months	62592
ending on the last day of any month other than December.	62593

(G) "Individual" means any natural person.

62594

(H) "Internal Revenue Code" means the "Internal Revenue Code	62595
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	62596

(I) "Resident" means any of the following, provided that	62597
division (I)(3) of this section applies only to taxable years of a	62598
trust beginning in 2002 or thereafter:	62599

(1) An individual who is domiciled in this state, subject to	62600
section 5747.24 of the Revised Code;	62601

(2) The estate of a decedent who at the time of death was	62602
domiciled in this state. The domicile tests of section 5747.24 of	62603
the Revised Code are not controlling for purposes of division	62604
(I)(2) of this section.	62605

(3) A trust that, in whole or part, resides in this state. If	62606
only part of a trust resides in this state, the trust is a	62607
resident only with respect to that part.	62608

For the purposes of division (I)(3) of this section:

62609

(a) A trust resides in this state for the trust's current	62610
taxable year to the extent, as described in division (I)(3)(d) of	62611
this section, that the trust consists directly or indirectly, in	62612
whole or in part, of assets, net of any related liabilities, that	62613
were transferred, or caused to be transferred, directly or	62614
indirectly, to the trust by any of the following:	62615

(i) A person, a court, or a governmental entity or	62616
instrumentality on account of the death of a decedent, but only if	62617
the trust is described in division (I)(3)(e)(i) or (ii) of this	62618
section;	62619

(ii) A person who was domiciled in this state for the	62620
purposes of this chapter when the person directly or indirectly	62621
transferred assets to an irrevocable trust, but only if at least	62622
one of the trust's qualifying beneficiaries is domiciled in this	62623
state for the purposes of this chapter during all or some portion	62624
of the trust's current taxable year;	62625

(iii) A person who was domiciled in this state for the	62626
purposes of this chapter when the trust document or instrument or	62627
part of the trust document or instrument became irrevocable, but	62628
only if at least one of the trust's qualifying beneficiaries is a	62629
resident domiciled in this state for the purposes of this chapter	62630
during all or some portion of the trust's current taxable year. If	62631
a trust document or instrument became irrevocable upon the death	62632
of a person who at the time of death was domiciled in this state	62633
for purposes of this chapter, that person is a person described in	62634
division (I)(3)(a)(iii) of this section.	62635

(b) A trust is irrevocable to the extent that the transferor	62636
is not considered to be the owner of the net assets of the trust	62637
under sections 671 to 678 of the Internal Revenue Code.	62638

(c) With respect to a trust other than a charitable lead	62639
trust, "qualifying beneficiary" has the same meaning as "potential	62640
current beneficiary" as defined in section 1361(e)(2) of the	62641
Internal Revenue Code, and with respect to a charitable lead trust	62642
"qualifying beneficiary" is any current, future, or contingent	62643
beneficiary, but with respect to any trust "qualifying	62644
beneficiary" excludes a person or a governmental entity or	62645
instrumentality to any of which a contribution would qualify for	62646
the charitable deduction under section 170 of the Internal Revenue	62647
Code.	62648

(d) For the purposes of division (I)(3)(a) of this section,	62649
the extent to which a trust consists directly or indirectly, in	62650
whole or in part, of assets, net of any related liabilities, that	62651
were transferred directly or indirectly, in whole or part, to the	62652
trust by any of the sources enumerated in that division shall be	62653
ascertained by multiplying the fair market value of the trust's	62654
assets, net of related liabilities, by the qualifying ratio, which	62655
shall be computed as follows:	62656

(i) The first time the trust receives assets, the numerator	62657
of the qualifying ratio is the fair market value of those assets	62658
at that time, net of any related liabilities, from sources	62659
enumerated in division (I)(3)(a) of this section. The denominator	62660
of the qualifying ratio is the fair market value of all the	62661
trust's assets at that time, net of any related liabilities.	62662

(ii) Each subsequent time the trust receives assets, a	62663
revised qualifying ratio shall be computed. The numerator of the	62664
revised qualifying ratio is the sum of (1) the fair market value	62665
of the trust's assets immediately prior to the subsequent	62666
transfer, net of any related liabilities, multiplied by the	62667
qualifying ratio last computed without regard to the subsequent	62668
transfer, and (2) the fair market value of the subsequently	62669
transferred assets at the time transferred, net of any related	62670
liabilities, from sources enumerated in division (I)(3)(a) of this	62671
section. The denominator of the revised qualifying ratio is the	62672
fair market value of all the trust's assets immediately after the	62673
subsequent transfer, net of any related liabilities.	62674

(iii) Whether a transfer to the trust is by or from any of	62675
the sources enumerated in division (I)(3)(a) of this section shall	62676
be ascertained without regard to the domicile of the trust's	62677
beneficiaries.	62678

(e) For the purposes of division (I)(3)(a)(i) of this	62679
section:	62680

(i) A trust is described in division (I)(3)(e)(i) of this	62681
section if the trust is a testamentary trust and the testator of	62682
that testamentary trust was domiciled in this state at the time of	62683
the testator's death for purposes of the taxes levied under	62684
Chapter 5731. of the Revised Code.	62685

(ii) A trust is described in division (I)(3)(e)(ii) of this	62686
section if the transfer is a qualifying transfer described in any	62687
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	62688
irrevocable inter vivos trust, and at least one of the trust's	62689
qualifying beneficiaries is domiciled in this state for purposes	62690
of this chapter during all or some portion of the trust's current	62691
taxable year.	62692

(f) For the purposes of division (I)(3)(e)(ii) of this	62693
section, a "qualifying transfer" is a transfer of assets, net of	62694
any related liabilities, directly or indirectly to a trust, if the	62695
transfer is described in any of the following:	62696

(i) The transfer is made to a trust, created by the decedent	62697
before the decedent's death and while the decedent was domiciled	62698
in this state for the purposes of this chapter, and, prior to the	62699
death of the decedent, the trust became irrevocable while the	62700
decedent was domiciled in this state for the purposes of this	62701
chapter.	62702

(ii) The transfer is made to a trust to which the decedent,	62703
prior to the decedent's death, had directly or indirectly	62704
transferred assets, net of any related liabilities, while the	62705
decedent was domiciled in this state for the purposes of this	62706
chapter, and prior to the death of the decedent the trust became	62707
irrevocable while the decedent was domiciled in this state for the	62708
purposes of this chapter.	62709

(iii) The transfer is made on account of a contractual	62710
relationship existing directly or indirectly between the	62711
transferor and either the decedent or the estate of the decedent	62712
at any time prior to the date of the decedent's death, and the	62713
decedent was domiciled in this state at the time of death for	62714
purposes of the taxes levied under Chapter 5731. of the Revised	62715
Code.	62716

(iv) The transfer is made to a trust on account of a	62717
contractual relationship existing directly or indirectly between	62718
the transferor and another person who at the time of the	62719
decedent's death was domiciled in this state for purposes of this	62720
chapter.	62721

(v) The transfer is made to a trust on account of the will of	62722
a testator.	62723

(vi) The transfer is made to a trust created by or caused to	62724
be created by a court, and the trust was directly or indirectly	62725
created in connection with or as a result of the death of an	62726
individual who, for purposes of the taxes levied under Chapter	62727
5731. of the Revised Code, was domiciled in this state at the time	62728
of the individual's death.	62729

(g) The tax commissioner may adopt rules to ascertain the	62730
part of a trust residing in this state.	62731

(J) "Nonresident" means an individual or estate that is not a	62732
resident. An individual who is a resident for only part of a	62733
taxable year is a nonresident for the remainder of that taxable	62734
year.	62735

(K) "Pass-through entity" has the same meaning as in section	62736
5733.04 of the Revised Code.	62737

(L) "Return" means the notifications and reports required to	62738
be filed pursuant to this chapter for the purpose of reporting the	62739
tax due and includes declarations of estimated tax when so	62740
required.	62741

(M) "Taxable year" means the calendar year or the taxpayer's	62742
fiscal year ending during the calendar year, or fractional part	62743
thereof, upon which the adjusted gross income is calculated	62744
pursuant to this chapter.	62745

(N) "Taxpayer" means any person subject to the tax imposed by	62746
section 5747.02 of the Revised Code or any pass-through entity	62747
that makes the election under division (D) of section 5747.08 of	62748
the Revised Code.	62749

(O) "Dependents" means dependents as defined in the Internal	62750
Revenue Code and as claimed in the taxpayer's federal income tax	62751
return for the taxable year or which the taxpayer would have been	62752
permitted to claim had the taxpayer filed a federal income tax	62753
return.	62754

(P) "Principal county of employment" means, in the case of a	62755
nonresident, the county within the state in which a taxpayer	62756
performs services for an employer or, if those services are	62757
performed in more than one county, the county in which the major	62758
portion of the services are performed.	62759

(Q) As used in sections 5747.50 to 5747.55 of the Revised	62760
Code:	62761

(1) "Subdivision" means any county, municipal corporation,	62762
park district, or township.	62763

(2) "Essential local government purposes" includes all	62764
functions that any subdivision is required by general law to	62765
exercise, including like functions that are exercised under a	62766
charter adopted pursuant to the Ohio Constitution.	62767

(R) "Overpayment" means any amount already paid that exceeds	62768
the figure determined to be the correct amount of the tax.	62769

(S) "Taxable income" or "Ohio taxable income" applies only to	62770
estates and trusts, and means federal taxable income, as defined	62771
and used in the Internal Revenue Code, adjusted as follows:	62772

(1) Add interest or dividends, net of ordinary, necessary,	62773
and reasonable expenses not deducted in computing federal taxable	62774
income, on obligations or securities of any state or of any	62775
political subdivision or authority of any state, other than this	62776
state and its subdivisions and authorities, but only to the extent	62777
that such net amount is not otherwise includible in Ohio taxable	62778
income and is described in either division (S)(1)(a) or (b) of	62779
this section:	62780

(a) The net amount is not attributable to the S portion of an	62781
electing small business trust and has not been distributed to	62782
beneficiaries for the taxable year;	62783

(b) The net amount is attributable to the S portion of an	62784
electing small business trust for the taxable year.	62785

(2) Add interest or dividends, net of ordinary, necessary,	62786
and reasonable expenses not deducted in computing federal taxable	62787
income, on obligations of any authority, commission,	62788
instrumentality, territory, or possession of the United States to	62789
the extent that the interest or dividends are exempt from federal	62790
income taxes but not from state income taxes, but only to the	62791
extent that such net amount is not otherwise includible in Ohio	62792
taxable income and is described in either division (S)(1)(a) or	62793
(b) of this section;	62794

(3) Add the amount of personal exemption allowed to the	62795
estate pursuant to section 642(b) of the Internal Revenue Code;	62796

(4) Deduct interest or dividends, net of related expenses	62797
deducted in computing federal taxable income, on obligations of	62798
the United States and its territories and possessions or of any	62799
authority, commission, or instrumentality of the United States to	62800
the extent that the interest or dividends are exempt from state	62801
taxes under the laws of the United States, but only to the extent	62802
that such amount is included in federal taxable income and is	62803
described in either division (S)(1)(a) or (b) of this section;	62804

(5) Deduct the amount of wages and salaries, if any, not	62805
otherwise allowable as a deduction but that would have been	62806
allowable as a deduction in computing federal taxable income for	62807
the taxable year, had the targeted jobs credit allowed under	62808
sections 38, 51, and 52 of the Internal Revenue Code not been in	62809
effect, but only to the extent such amount relates either to	62810
income included in federal taxable income for the taxable year or	62811
to income of the S portion of an electing small business trust for	62812
the taxable year;	62813

(6) Deduct any interest or interest equivalent, net of	62814
related expenses deducted in computing federal taxable income, on	62815
public obligations and purchase obligations, but only to the	62816
extent that such net amount relates either to income included in	62817
federal taxable income for the taxable year or to income of the S	62818
portion of an electing small business trust for the taxable year;	62819

(7) Add any loss or deduct any gain resulting from sale,	62820
exchange, or other disposition of public obligations to the extent	62821
that such loss has been deducted or such gain has been included in	62822
computing either federal taxable income or income of the S portion	62823
of an electing small business trust for the taxable year;	62824

(8) Except in the case of the final return of an estate, add	62825
any amount deducted by the taxpayer on both its Ohio estate tax	62826
return pursuant to section 5731.14 of the Revised Code, and on its	62827
federal income tax return in determining federal taxable income;	62828

(9)(a) Deduct any amount included in federal taxable income	62829
solely because the amount represents a reimbursement or refund of	62830
expenses that in a previous year the decedent had deducted as an	62831
itemized deduction pursuant to section 63 of the Internal Revenue	62832
Code and applicable treasury regulations. The deduction otherwise	62833
allowed under division (S)(9)(a) of this section shall be reduced	62834
to the extent the reimbursement is attributable to an amount the	62835
taxpayer or decedent deducted under this section in any taxable	62836
year.	62837

(b) Add any amount not otherwise included in Ohio taxable	62838
income for any taxable year to the extent that the amount is	62839
attributable to the recovery during the taxable year of any amount	62840
deducted or excluded in computing federal or Ohio taxable income	62841
in any taxable year, but only to the extent such amount has not	62842
been distributed to beneficiaries for the taxable year.	62843

(10) Deduct any portion of the deduction described in section	62844
1341(a)(2) of the Internal Revenue Code, for repaying previously	62845
reported income received under a claim of right, that meets both	62846
of the following requirements:	62847

(a) It is allowable for repayment of an item that was	62848
included in the taxpayer's taxable income or the decedent's	62849
adjusted gross income for a prior taxable year and did not qualify	62850
for a credit under division (A) or (B) of section 5747.05 of the	62851
Revised Code for that year.	62852

(b) It does not otherwise reduce the taxpayer's taxable	62853
income or the decedent's adjusted gross income for the current or	62854
any other taxable year.	62855

(11) Add any amount claimed as a credit under section	62856
5747.059 of the Revised Code to the extent that the amount	62857
satisfies either of the following:	62858

(a) The amount was deducted or excluded from the computation	62859
of the taxpayer's federal taxable income as required to be	62860
reported for the taxpayer's taxable year under the Internal	62861
Revenue Code;	62862

(b) The amount resulted in a reduction in the taxpayer's	62863
federal taxable income as required to be reported for any of the	62864
taxpayer's taxable years under the Internal Revenue Code.	62865

(12) Deduct any amount, net of related expenses deducted in	62866
computing federal taxable income, that a trust is required to	62867
report as farm income on its federal income tax return, but only	62868
if the assets of the trust include at least ten acres of land	62869
satisfying the definition of "land devoted exclusively to	62870
agricultural use" under section 5713.30 of the Revised Code,	62871
regardless of whether the land is valued for tax purposes as such	62872
land under sections 5713.30 to 5713.38 of the Revised Code. If the	62873
trust is a pass-through entity investor, section 5747.231 of the	62874
Revised Code applies in ascertaining if the trust is eligible to	62875
claim the deduction provided by division (S)(12) of this section	62876
in connection with the pass-through entity's farm income.	62877

Except for farm income attributable to the S portion of an	62878
electing small business trust, the deduction provided by division	62879
(S)(12) of this section is allowed only to the extent that the	62880
trust has not distributed such farm income. Division (S)(12) of	62881
this section applies only to taxable years of a trust beginning in	62882
2002 or thereafter.	62883

(13) Add the net amount of income described in section 641(c)	62884
of the Internal Revenue Code to the extent that amount is not	62885
included in federal taxable income.	62886

(14) Add or deduct the amount the taxpayer would be required	62887
to add or deduct under division (A)(20) or (21) of this section if	62888
the taxpayer's Ohio taxable income were computed in the same	62889
manner as an individual's Ohio adjusted gross income is computed	62890
under this section. In the case of a trust, division (S)(14) of	62891
this section applies only to any of the trust's taxable years	62892
beginning in 2002 or thereafter.	62893

(T) "School district income" and "school district income tax"	62894
have the same meanings as in section 5748.01 of the Revised Code.	62895

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	62896
of this section, "public obligations," "purchase obligations," and	62897
"interest or interest equivalent" have the same meanings as in	62898
section 5709.76 of the Revised Code.	62899

(V) "Limited liability company" means any limited liability	62900
company formed under Chapter 1705. of the Revised Code or under	62901
the laws of any other state.	62902

(W) "Pass-through entity investor" means any person who,	62903
during any portion of a taxable year of a pass-through entity, is	62904
a partner, member, shareholder, or equity investor in that	62905
pass-through entity.	62906

(X) "Banking day" has the same meaning as in section 1304.01	62907
of the Revised Code.	62908

(Y) "Month" means a calendar month.

62909

(Z) "Quarter" means the first three months, the second three	62910
months, the third three months, or the last three months of the	62911
taxpayer's taxable year.	62912

(AA)(1) "Eligible institution" means a state university or	62913
state institution of higher education as defined in section	62914
3345.011 of the Revised Code, or a private, nonprofit college,	62915
university, or other post-secondary institution located in this	62916
state that possesses a certificate of authorization issued by the	62917
Ohio board of regents pursuant to Chapter 1713. of the Revised	62918
Code or a certificate of registration issued by the state board of	62919
career colleges and schools under Chapter 3332. of the Revised	62920
Code.	62921

(2) "Qualified tuition and fees" means tuition and fees	62922
imposed by an eligible institution as a condition of enrollment or	62923
attendance, not exceeding two thousand five hundred dollars in	62924
each of the individual's first two years of post-secondary	62925
education. If the individual is a part-time student, "qualified	62926
tuition and fees" includes tuition and fees paid for the academic	62927
equivalent of the first two years of post-secondary education	62928
during a maximum of five taxable years, not exceeding a total of	62929
five thousand dollars. "Qualified tuition and fees" does not	62930
include:	62931

(a) Expenses for any course or activity involving sports,	62932
games, or hobbies unless the course or activity is part of the	62933
individual's degree or diploma program;	62934

(b) The cost of books, room and board, student activity fees,	62935
athletic fees, insurance expenses, or other expenses unrelated to	62936
the individual's academic course of instruction;	62937

(c) Tuition, fees, or other expenses paid or reimbursed	62938
through an employer, scholarship, grant in aid, or other	62939
educational benefit program.	62940

(BB)(1) "Modified business income" means the business income	62941
included in a trust's Ohio taxable income after such taxable	62942
income is first reduced by the qualifying trust amount, if any.	62943

(2) "Qualifying trust amount" of a trust means capital gains	62944
and losses from the sale, exchange, or other disposition of equity	62945
or ownership interests in, or debt obligations of, a qualifying	62946
investee to the extent included in the trust's Ohio taxable	62947
income, but only if the following requirements are satisfied:	62948

(a) The book value of the qualifying investee's physical	62949
assets in this state and everywhere, as of the last day of the	62950
qualifying investee's fiscal or calendar year ending immediately	62951
prior to the date on which the trust recognizes the gain or loss,	62952
is available to the trust.	62953

(b) The requirements of section 5747.011 of the Revised Code	62954
are satisfied for the trust's taxable year in which the trust	62955
recognizes the gain or loss.	62956

Any gain or loss that is not a qualifying trust amount is	62957
modified business income, qualifying investment income, or	62958
modified nonbusiness income, as the case may be.	62959

(3) "Modified nonbusiness income" means a trust's Ohio	62960
taxable income other than modified business income, other than the	62961
qualifying trust amount, and other than qualifying investment	62962
income, as defined in section 5747.012 of the Revised Code, to the	62963
extent such qualifying investment income is not otherwise part of	62964
modified business income.	62965

(4) "Modified Ohio taxable income" applies only to trusts,	62966
and means the sum of the amounts described in divisions (BB)(4)(a)	62967
to (c) of this section:	62968

(a) The fraction, calculated under section 5747.013, and	62969
applying section 5747.231 of the Revised Code, multiplied by the	62970
sum of the following amounts:	62971

(i) The trust's modified business income;

62972

(ii) The trust's qualifying investment income, as defined in	62973
section 5747.012 of the Revised Code, but only to the extent the	62974
qualifying investment income does not otherwise constitute	62975
modified business income and does not otherwise constitute a	62976
qualifying trust amount.	62977

(b) The qualifying trust amount multiplied by a fraction, the	62978
numerator of which is the sum of the book value of the qualifying	62979
investee's physical assets in this state on the last day of the	62980
qualifying investee's fiscal or calendar year ending immediately	62981
prior to the day on which the trust recognizes the qualifying	62982
trust amount, and the denominator of which is the sum of the book	62983
value of the qualifying investee's total physical assets	62984
everywhere on the last day of the qualifying investee's fiscal or	62985
calendar year ending immediately prior to the day on which the	62986
trust recognizes the qualifying trust amount. If, for a taxable	62987
year, the trust recognizes a qualifying trust amount with respect	62988
to more than one qualifying investee, the amount described in	62989
division (BB)(4)(b) of this section shall equal the sum of the	62990
products so computed for each such qualifying investee.	62991

(c)(i) With respect to a trust or portion of a trust that is	62992
a resident as ascertained in accordance with division (I)(3)(d) of	62993
this section, its modified nonbusiness income.	62994

(ii) With respect to a trust or portion of a trust that is	62995
not a resident as ascertained in accordance with division	62996
(I)(3)(d) of this section, the amount of its modified nonbusiness	62997
income satisfying the descriptions in divisions (B)(2) to (5) of	62998
section 5747.20 of the Revised Code, except as otherwise provided	62999
in division (BB)(4)(c)(ii) of this section. With respect to a	63000
trust or portion of a trust that is not a resident as ascertained	63001
in accordance with division (I)(3)(d) of this section, the trust's	63002
portion of modified nonbusiness income recognized from the sale,	63003
exchange, or other disposition of a debt interest in or equity	63004
interest in a section 5747.212 entity, as defined in section	63005
5747.212 of the Revised Code, without regard to division (A) of	63006
that section, shall not be allocated to this state in accordance	63007
with section 5747.20 of the Revised Code but shall be apportioned	63008
to this state in accordance with division (B) of section 5747.212	63009
of the Revised Code without regard to division (A) of that	63010
section.	63011

If the allocation and apportionment of a trust's income under	63012
divisions (BB)(4)(a) and (c) of this section do not fairly	63013
represent the modified Ohio taxable income of the trust in this	63014
state, the alternative methods described in division (C) of	63015
section 5747.21 of the Revised Code may be applied in the manner	63016
and to the same extent provided in that section.	63017

(5)(a) Except as set forth in division (BB)(5)(b) of this	63018
section, "qualifying investee" means a person in which a trust has	63019
an equity or ownership interest, or a person or unit of government	63020
the debt obligations of either of which are owned by a trust. For	63021
the purposes of division (BB)(2)(a) of this section and for the	63022
purpose of computing the fraction described in division (BB)(4)(b)	63023
of this section, all of the following apply:	63024

(i) If the qualifying investee is a member of a qualifying	63025
controlled group on the last day of the qualifying investee's	63026
fiscal or calendar year ending immediately prior to the date on	63027
which the trust recognizes the gain or loss, then "qualifying	63028
investee" includes all persons in the qualifying controlled group	63029
on such last day.	63030

(ii) If the qualifying investee, or if the qualifying	63031
investee and any members of the qualifying controlled group of	63032
which the qualifying investee is a member on the last day of the	63033
qualifying investee's fiscal or calendar year ending immediately	63034
prior to the date on which the trust recognizes the gain or loss,	63035
separately or cumulatively own, directly or indirectly, on the	63036
last day of the qualifying investee's fiscal or calendar year	63037
ending immediately prior to the date on which the trust recognizes	63038
the qualifying trust amount, more than fifty per cent of the	63039
equity of a pass-through entity, then the qualifying investee and	63040
the other members are deemed to own the proportionate share of the	63041
pass-through entity's physical assets which the pass-through	63042
entity directly or indirectly owns on the last day of the	63043
pass-through entity's calendar or fiscal year ending within or	63044
with the last day of the qualifying investee's fiscal or calendar	63045
year ending immediately prior to the date on which the trust	63046
recognizes the qualifying trust amount.	63047

(iii) For the purposes of division (BB)(5)(a)(iii) of this	63048
section, "upper level pass-through entity" means a pass-through	63049
entity directly or indirectly owning any equity of another	63050
pass-through entity, and "lower level pass-through entity" means	63051
that other pass-through entity.	63052

An upper level pass-through entity, whether or not it is also	63053
a qualifying investee, is deemed to own, on the last day of the	63054
upper level pass-through entity's calendar or fiscal year, the	63055
proportionate share of the lower level pass-through entity's	63056
physical assets that the lower level pass-through entity directly	63057
or indirectly owns on the last day of the lower level pass-through	63058
entity's calendar or fiscal year ending within or with the last	63059
day of the upper level pass-through entity's fiscal or calendar	63060
year. If the upper level pass-through entity directly and	63061
indirectly owns less than fifty per cent of the equity of the	63062
lower level pass-through entity on each day of the upper level	63063
pass-through entity's calendar or fiscal year in which or with	63064
which ends the calendar or fiscal year of the lower level	63065
pass-through entity and if, based upon clear and convincing	63066
evidence, complete information about the location and cost of the	63067
physical assets of the lower pass-through entity is not available	63068
to the upper level pass-through entity, then solely for purposes	63069
of ascertaining if a gain or loss constitutes a qualifying trust	63070
amount, the upper level pass-through entity shall be deemed as	63071
owning no equity of the lower level pass-through entity for each	63072
day during the upper level pass-through entity's calendar or	63073
fiscal year in which or with which ends the lower level	63074
pass-through entity's calendar or fiscal year. Nothing in division	63075
(BB)(5)(a)(iii) of this section shall be construed to provide for	63076
any deduction or exclusion in computing any trust's Ohio taxable	63077
income.	63078

(b) With respect to a trust that is not a resident for the	63079
taxable year and with respect to a part of a trust that is not a	63080
resident for the taxable year, "qualifying investee" for that	63081
taxable year does not include a C corporation if both of the	63082
following apply:	63083

(i) During the taxable year the trust or part of the trust	63084
recognizes a gain or loss from the sale, exchange, or other	63085
disposition of equity or ownership interests in, or debt	63086
obligations of, the C corporation.	63087

(ii) Such gain or loss constitutes nonbusiness income.

63088

(6) "Available" means information is such that a person is	63089
able to learn of the information by the due date plus extensions,	63090
if any, for filing the return for the taxable year in which the	63091
trust recognizes the gain or loss.	63092

(CC) "Qualifying controlled group" has the same meaning as in	63093
section 5733.04 of the Revised Code.	63094

(DD) "Related member" has the same meaning as in section	63095
5733.042 of the Revised Code.	63096

(EE)(1) For the purposes of division (EE) of this section:

63097

(a) "Qualifying person" means any person other than a	63098
qualifying corporation.	63099

(b) "Qualifying corporation" means any person classified for	63100
federal income tax purposes as an association taxable as a	63101
corporation, except either of the following:	63102

(i) A corporation that has made an election under subchapter	63103
S, chapter one, subtitle A, of the Internal Revenue Code for its	63104
taxable year ending within, or on the last day of, the investor's	63105
taxable year;	63106

(ii) A subsidiary that is wholly owned by any corporation	63107
that has made an election under subchapter S, chapter one,	63108
subtitle A of the Internal Revenue Code for its taxable year	63109
ending within, or on the last day of, the investor's taxable year.	63110

(2) For the purposes of this chapter, unless expressly stated	63111
otherwise, no qualifying person indirectly owns any asset directly	63112
or indirectly owned by any qualifying corporation.	63113

(FF) For purposes of this chapter and Chapter 5751. of the	63114
Revised Code:	63115

(1) "Trust" does not include a qualified pre-income tax	63116
trust.	63117

(2) A "qualified pre-income tax trust" is any pre-income tax	63118
trust that makes a qualifying pre-income tax trust election as	63119
described in division (FF)(3) of this section.	63120

(3) A "qualifying pre-income tax trust election" is an	63121
election by a pre-income tax trust to subject to the tax imposed	63122
by section 5751.02 of the Revised Code the pre-income tax trust	63123
and all pass-through entities of which the trust owns or controls,	63124
directly, indirectly, or constructively through related interests,	63125
five per cent or more of the ownership or equity interests. The	63126
trustee shall notify the tax commissioner in writing of the	63127
election on or before April 15, 2006. The election, if timely	63128
made, shall be effective on and after January 1, 2006, and shall	63129
apply for all tax periods and tax years until revoked by the	63130
trustee of the trust.	63131

(4) A "pre-income tax trust" is a trust that satisfies all of	63132
the following requirements:	63133

(a) The document or instrument creating the trust was	63134
executed by the grantor before January 1, 1972;	63135

(b) The trust became irrevocable upon the creation of the	63136
trust; and	63137

(c) The grantor was domiciled in this state at the time the	63138
trust was created.	63139

Sec. 5747.03. (A) All money collected under this chapter	63140
arising from the taxes imposed by section 5747.02 or 5747.41 of	63141
the Revised Code shall be credited to the general revenue fund,	63142
except that the treasurer of state shall:	63143

~~(1) Credit an amount equal to four and two-tenths per cent of~~	63144
~~those taxes collected under this chapter to the local government~~	63145
~~fund, which is hereby created in the state treasury, for~~	63146
~~distribution in accordance with section 5747.50 of the Revised~~	63147
~~Code;~~	63148

~~(2) Credit an amount equal to five and seven-tenths per cent~~	63149
~~of those taxes collected under this chapter to the library and~~	63150
~~local government support fund, which is hereby created in the~~	63151
~~state treasury, for distribution in accordance with section~~	63152
~~5747.47 of the Revised Code;~~	63153

~~(3) At~~, at the beginning of each calendar quarter, credit to	63154
the Ohio political party fund, pursuant to section 3517.16 of the	63155
Revised Code, an amount equal to the total dollar value realized	63156
from the taxpayer exercise of the income tax checkoff option on	63157
tax forms processed during the preceding calendar quarter;	63158

~~(4) Credit an amount equal to six-tenths of one per cent of~~	63159
~~those taxes collected under this chapter to the local government~~	63160
~~revenue assistance fund for distribution in accordance with~~	63161
~~section 5747.61 of the Revised Code~~.	63162

(B)(1) Following the crediting of moneys pursuant to division	63163
(A) of this section, the remainder deposited in the general	63164
revenue fund shall be distributed pursuant to division (F) of	63165
section 321.24 and section 323.156 of the Revised Code; to make	63166
subsidy payments to institutions of higher education from	63167
appropriations to the Ohio board of regents; to support	63168
expenditures for programs and services for the mentally ill,	63169
mentally retarded, developmentally disabled, and elderly; for	63170
primary and secondary education; for medical assistance; and for	63171
any other purposes authorized by law, subject to the limitation	63172
that at least fifty per cent of the income tax collected by the	63173
state from the tax imposed by section 5747.02 of the Revised Code	63174
shall be returned pursuant to Section 9 of Article XII, Ohio	63175
Constitution.	63176

(2) To ensure that such constitutional requirement is	63177
satisfied the tax commissioner shall, on or before the thirtieth	63178
day of June of each year, from the best information available to	63179
the tax commissioner, determine and certify for each county to the	63180
director of budget and management the amount of taxes collected	63181
under this chapter from the tax imposed under section 5747.02 of	63182
the Revised Code during the preceding calendar year that are	63183
required to be returned to the county by Section 9 of Article XII,	63184
Ohio Constitution. The director shall provide for payment from the	63185
general revenue fund to the county in the amount, if any, that the	63186
sum of the amount so certified for that county exceeds the sum of	63187
the following:	63188

(a) The sum of the payments from the general revenue fund for	63189
the preceding calendar year credited to the ~~credit of the~~ county's	63190
undivided income tax fund pursuant to division (F) of section	63191
321.24 and section 323.156 of the Revised Code or made directly	63192
from the general revenue fund to political subdivisions located in	63193
the county;	63194

(b) The sum of the amounts from the general revenue fund	63195
distributed in the county during the preceding calendar year for	63196
subsidy payments to institutions of higher education from	63197
appropriations to the Ohio board of regents; for programs and	63198
services for mentally ill, mentally retarded, developmentally	63199
disabled, and elderly persons; for primary and secondary	63200
education; and for medical assistance.	63201

(c) ~~The~~In the case of payments made by the director under	63202
this division in 2007, the total amount distributed to the county	63203
during the preceding calendar year from the local government fund	63204
and the local government revenue assistance fund, and, in the case	63205
of payments made by the director under this division in subsequent	63206
calendar years, the amount distributed to the county from the	63207
local government fund;	63208

(d) ~~The~~In the case of payments made by the director under	63209
this division, the total amount distributed to the county during	63210
the preceding calendar year from the library and local government	63211
support fund;	63212

~~(e) The amount distributed to the county during the preceding~~	63213
~~calendar year from the local government revenue assistance fund~~.	63214

Payments under this division shall be credited to the	63215
county's undivided income tax fund, except that, notwithstanding	63216
section 5705.14 of the Revised Code, such payments may be	63217
transferred by the board of county commissioners to the county	63218
general fund by resolution adopted with the affirmative vote of	63219
two-thirds of the members thereof.	63220

(C) All payments received in each month from taxes imposed	63221
under Chapter 5748. of the Revised Code and any penalties or	63222
interest thereon shall be paid into the school district income tax	63223
fund, which is hereby created in the state treasury, except that	63224
an amount equal to the following portion of such payments shall be	63225
paid into the general school district income tax administrative	63226
fund, which is hereby created in the state treasury:	63227

(1) One and three-quarters of one per cent of those received	63228
in fiscal year 1996;	63229

(2) One and one-half per cent of those received in fiscal	63230
year 1997 and thereafter.	63231

Money in the school district income tax administrative fund	63232
shall be used by the tax commissioner to defray costs incurred in	63233
administering the school district's income tax, including the cost	63234
of providing employers with information regarding the rate of tax	63235
imposed by any school district. Any moneys remaining in the fund	63236
after such use shall be deposited in the school district income	63237
tax fund.	63238

All interest earned on moneys in the school district income	63239
tax fund shall be credited to the fund.	63240

(D)(1)(a) Within thirty days of the end of each calendar	63241
quarter ending on the last day of March, June, September, and	63242
December, the director of budget and management shall make a	63243
payment from the school district income tax fund to each school	63244
district for which school district income tax revenue was received	63245
during that quarter. The amount of the payment shall equal the	63246
balance in the school district's account at the end of that	63247
quarter.	63248

(b) After a school district ceases to levy an income tax, the	63249
director of budget and management shall adjust the payments under	63250
division (D)(1)(a) of this section to retain sufficient money in	63251
the school district's account to pay refunds. For the calendar	63252
quarters ending on the last day of March and December of the	63253
calendar year following the last calendar year the tax is levied,	63254
the director shall make the payments in the amount required under	63255
division (D)(1)(a) of this section. For the calendar quarter	63256
ending on the last day of June of the calendar year following the	63257
last calendar year the tax is levied, the director shall make a	63258
payment equal to nine-tenths of the balance in the account at the	63259
end of that quarter. For the calendar quarter ending on the last	63260
day of September of the calendar year following the last calendar	63261
year the tax is levied, the director shall make no payment. For	63262
the second and succeeding calendar years following the last	63263
calendar year the tax is levied, the director shall make one	63264
payment each year, within thirty days of the last day of June, in	63265
an amount equal to the balance in the district's account on the	63266
last day of June.	63267

(2) Moneys paid to a school district under this division	63268
shall be deposited in its school district income tax fund. All	63269
interest earned on moneys in the school district income tax fund	63270
shall be apportioned by the tax commissioner pro rata among the	63271
school districts in the proportions and at the times the districts	63272
are entitled to receive payments under this division.	63273

Sec. 5747.47. (A)(1) By the twentieth day of July of each	63274
year, the tax commissioner shall estimate and certify the	63275
following for each county to its county auditor:	63276

(a) Its guaranteed share of the ensuing year's fund balance;

63277

(b) Its share of the excess of the ensuing year's fund	63278
balance;	63279

63280

(2) In December and in June following such estimations and	63281
certifications, the commissioner shall revise such estimates and	63282
certify such revised estimates to the respective county auditors.	63283

(B) By the tenth day of each month the commissioner shall	63284
distribute the amount credited to the library and local government	63285
support fund ~~from taxes collected under this chapter during the~~	63286
~~preceding month~~in the current month under section 131.51 of the	63287
Revised Code. The distributions shall be made as follows:	63288

(1) During the first six months of each year, each county	63289
shall be paid a percentage of the balance that is the same per	63290
cent that the revised estimate of the county's total entitlement	63291
certified in December under division (A)(2) of this section is of	63292
the sum of such revised estimates of the total entitlements for	63293
all counties.	63294

(2) During the last six months, each county shall be paid a	63295
percentage of the balance that is the same per cent that the	63296
revised estimate of the county's total entitlement certified in	63297
June under division (A)(2) of this section is of the sum of such	63298
revised estimates of the total entitlements for all counties.	63299

(3) During each of the first six months of each year, the	63300
payments made to each county shall be adjusted as follows:	63301

(a) If the county received an overpayment during the	63302
preceding distribution year, reduce the sum of the payments by the	63303
amount of such overpayment. The reduction shall be apportioned	63304
over the six months.	63305

(b) If the county received an underpayment during the	63306
preceding distribution year, increase the sum of the payments by	63307
the amount of such underpayment. The increase shall be apportioned	63308
over the six months.	63309

(C) By the twentieth day of December of each year, the tax	63310
commissioner shall determine and certify to the auditor of each	63311
county each of the following with respect to the current	63312
distribution year:	63313

(1) The year's fund balance;

63314

(2) Each county's guaranteed share;

63315

(3) Each county's share of the excess;

63316

(4) Each county's total entitlement;

63317

(5) Each county's net distribution;

63318

(6) The amount by which each county's net distribution	63319
exceeded or was less than its total entitlement, which amount	63320
shall constitute the county's overpayment or underpayment for	63321
purposes of division (B)(3) of this section in the ensuing	63322
distribution year.	63323

Sec. 5747.50. (A) As used in this section:

63324

(1) "County's proportionate share of the calendar year 2007	63325
LGF and LGRAF distributions" means the percentage computed for the	63326
county under division (B)(1)(a) of section 5747.501 of the Revised	63327
Code ~~for use in the current calendar year~~.	63328

(2) ~~"1983 share" means the sum of all payments made to a~~	63329
~~county under section 5747.50 of the Revised Code during 1983 under~~	63330
~~all versions of such section that were in effect during such year~~	63331
~~plus the payments made to the county's undivided local government~~	63332
~~fund in 1983 from the tax imposed on deposits under division (C)~~	63333
~~of section 5707.03 of the Revised Code.~~	63334

~~(3) "Amount available for distribution under division (B) of~~	63335
~~this section" means for any calendar year, both of the following:~~	63336

~~(a) Nine-tenths of the difference between the amount~~	63337
~~available for distribution under this section during that year and~~	63338
~~the deposit tax revenue of all counties;~~	63339

~~(b) The deposit tax revenue of all counties less six million~~	63340
~~dollars~~.	63341

~~Each year, an amount equal to the amount available for~~	63342
~~distribution under division (B) of this section shall be~~	63343
~~distributed from the local government fund as provided in that~~	63344
~~division. The balance in the fund available for distribution in~~	63345
~~that year under this section and not available for distribution~~	63346
~~under this division shall be distributed in accordance with~~	63347
~~division (C) of this section. The tax commissioner shall determine~~	63348
~~in each month what proportion of that month's local government~~	63349
~~fund balance shall be distributed under division (B) of this~~	63350
~~section and what proportion shall be distributed under division~~	63351
~~(C) of this section~~"County's proportionate share of the total	63352
amount of the local government fund additional revenue formula"	63353
means each county's proportionate share of the state's population	63354
as determined for and certified to the county for distributions to	63355
be made during the current calendar year under division (B)(2)(a)	63356
of section 5747.501 of the Revised Code. If prior to the first day	63357
of January of the current calendar year the federal government has	63358
issued a revision to the population figures reflected in the	63359
estimate produced pursuant to division (B)(2)(a) of section	63360
5747.501 of the Revised Code, such revised population figures	63361
shall be used for making the distributions during the current	63362
calendar year.	63363

(3) "2007 LGF and LGRAF county distribution base available in	63364
that month" means the lesser of the amounts described in division	63365
(A)(3)(a) and (b) of this section, provided that the amount shall	63366
not be less than zero:	63367

(a) The total amount available for distribution to counties	63368
from the local government fund during the current month.	63369

(b) The total amount distributed to counties from the local	63370
government fund and the local government revenue assistance fund	63371
to counties in calendar year 2007 less the total amount	63372
distributed to counties under division (B)(1) of this section	63373
during previous months of the current calendar year.	63374

(4) "Local government fund additional revenue distribution	63375
base available during that month" means the total amount available	63376
for distribution to counties during the month from the local	63377
government fund, less any amounts to be distributed in that month	63378
from the local government fund under division (B)(1) of this	63379
section, provided that the local government fund additional	63380
revenue distribution base available during that month shall not be	63381
less than zero.	63382

(5) "Total amount available for distribution to counties"	63383
means the total amount available for distribution from the local	63384
government fund during the current month less the total amount	63385
available for distribution to municipal corporations during the	63386
current month under division (C) of this section.	63387

(B) On or before the tenth day of each month, the tax	63388
commissioner shall provide for payment to ~~the county treasurer of~~	63389
each county of an amount equal to the sum of:	63390

(1) The county's proportionate share of the calendar year	63391
2007 LGF and LGRAF distributions multiplied by the 2007 LGF and	63392
LGRAF county distribution base available in that month, provided	63393
that if the 2007 LGF and LGRAF county distribution base available	63394
in that month is zero, no payment shall be made under division	63395
(B)(1) of this section for the month or the remainder of the	63396
calendar year; and	63397

(2) The county's proportionate share of the total amount of	63398
the local government fund additional revenue formula multiplied by	63399
the local government fund additional revenue distribution base	63400
available ~~for distribution~~ during that month ~~under this division,~~	63401
~~except as otherwise provided and in such a way that on the last~~	63402
~~day of each calendar year, each county shall have received an~~	63403
~~amount equal to its proportionate share of the amount available~~	63404
~~for distribution under this division during that year. Counties~~	63405
~~whose proportionate shares are less than their 1983 shares shall~~	63406
~~receive an amount equal to their 1983 shares during the year in~~	63407
~~lieu of their proportionate shares, and the amounts required to be~~	63408
~~paid to all other counties shall be proportionately reduced to~~	63409
~~fund such deficiency. If any county receives payments in any year~~	63410
~~that exceed the amount to which it is entitled, that excess shall~~	63411
~~be deducted from the payments due the county in the ensuing~~	63412
~~calendar year and apportioned among and paid to the counties that~~	63413
~~did not receive any such excess.~~	63414

~~The amount paid to any county in any month shall not be less~~	63415
~~than twenty-five thousand dollars unless a smaller payment is~~	63416
~~required in order to avoid paying that county more during the year~~	63417
~~than the amount to which it is entitled for that year~~.	63418

Money received into the treasury of a county under this	63419
division shall be credited to the undivided local government fund	63420
in the treasury of the county on or before the fifteenth day of	63421
each month. ~~The~~On or before the twentieth day of each month, the	63422
county auditor shall issue warrants against all of the undivided	63423
local government fund in the county treasury in the respective	63424
amounts allowed as provided in section 5747.51 of the Revised	63425
Code, and the treasurer shall distribute and pay such sums to the	63426
subdivision therein.	63427

(C)(1) As used in division (C) of this section:

63428

(a) "Total amount available for distribution to	63429
municipalities during the current month" means the product	63430
obtained by multiplying the total amount available for	63431
distribution from the local government fund during the current	63432
month by the aggregate municipal share.	63433

(b) "Aggregate municipal share" means the quotient obtained	63434
by dividing the total amount distributed directly from the local	63435
government fund to municipal corporations during calendar year	63436
2007 by the total distributions from the local government fund and	63437
local government revenue assistance fund during calendar year	63438
2007.	63439

(2) On or before the tenth day of each month, the tax	63440
commissioner shall provide for payment from the local government	63441
fund to ~~each municipal corporation which had in effect during the~~	63442
~~preceding calendar year a tax imposed under Chapter 718. of the~~	63443
~~Revised Code. The amount paid to~~ each municipal corporation ~~shall~~	63444
~~bear the same~~an amount equal to the product derived by	63445
multiplying the municipal corporation's percentage toof the total	63446
amount ~~to be~~ distributed to all such municipal corporations under	63447
this division ~~as the total income taxes collected by such~~	63448
~~municipal corporation~~ during ~~the second~~calendar year ~~preceding~~	63449
~~the year in which distribution is made bears to the total amount~~	63450
~~of such taxes collected by all municipal corporations during such~~	63451
~~period~~2007 by the total amount available for distribution to	63452
municipal corporations during the current month. ~~Payments~~	63453

(3) Payments received by a municipal corporation under this	63454
division shall be paid into its general fund and may be used for	63455
any lawful purpose.	63456

(4) The amount distributed to municipal corporations under	63457
this division during any calendar year shall not exceed the amount	63458
distributed directly from the local government fund to municipal	63459
corporations during calendar year 2007. If that maximum amount is	63460
reached during any month, distributions to municipal corporations	63461
in that month shall be as provided in divisions (C)(1) and (2) of	63462
this section, but no further distributions shall be made to	63463
municipal corporations under division (C) of this section during	63464
the remainder of the calendar year.	63465

(5) Upon being informed of a municipal corporation's	63466
dissolution, the tax commissioner shall cease providing for	63467
payments to that municipal corporation under division (C) of this	63468
section. The proportionate shares of the total amount available	63469
for distribution to each of the remaining municipal corporations	63470
under this division shall be increased on a pro rata basis.	63471

(D) Each municipal corporation which has in effect a tax	63472
imposed under Chapter 718. of the Revised Code shall, no later	63473
than the thirty-first day of August of each year, certify to the	63474
tax commissioner the total amount of income taxes collected by	63475
such municipal corporation pursuant to such chapter during the	63476
preceding calendar year. The tax commissioner ~~shall~~may withhold	63477
payment of local government fund moneys pursuant to division (C)	63478
of this section from any municipal corporation for failure to	63479
comply with this reporting requirement.	63480

Sec. 5747.501. (A) ByOn or before the ~~fifteenth~~	63481
twenty-fifth day of ~~December~~July of each year, the tax	63482
commissioner shall estimate and certify to each county auditor the	63483
amount to be ~~paid into~~distributed from the local government fund	63484
~~for distribution~~ to each undivided local government fund during	63485
the following calendar year under section 5747.50 of the Revised	63486
Code. The ~~commissioner~~estimate shall ~~then determine~~equal the sum	63487
of the separate amounts ~~that would be paid to each county if the~~	63488
~~amount so certified were distributed~~computed under divisions	63489
~~(A)~~(B)(1) and (2) of this section ~~as follows:~~	63490

~~(1)(a) As used in this division and in section 5747.50 of the~~	63491
~~Revised Code, "deposit tax revenue" means one hundred forty-five~~	63492
~~and forty-five one-hundredths per cent of the payments made to the~~	63493
~~county's undivided local government fund in 1983 from the tax~~	63494
~~imposed on deposits under division (C) of section 5707.03 of the~~	63495
~~Revised Code.~~	63496

~~(b) Compute each county's deposit tax revenue.~~

63497

~~(c) Determine how much each county would receive if~~	63498
~~nine-tenths of the difference between the amount certified under~~	63499
~~division (A) of this section and the sum of all counties' deposit~~	63500
~~tax revenues, less six million dollars, were allocated among the~~	63501
~~counties in the following year as follows:~~	63502

~~(i) Seventy-five per cent of said amount shall be apportioned~~	63503
~~in the ratio that the total of the real, public utility, and~~	63504
~~tangible personal property tax duplicates of the municipal~~	63505
~~corporations, or parts thereof, in the county for the year next~~	63506
~~preceding the year in which the computation is made bears to the~~	63507
~~total aggregate real, public utility, and tangible personal~~	63508
~~property tax duplicates of all the municipal corporations in the~~	63509
~~state for the same year.~~	63510

~~(ii) Twenty-five per cent shall be apportioned among all the~~	63511
~~counties in the ratio that the population of the county at the~~	63512
~~last federal decennial census bears to the total population of the~~	63513
~~state.~~	63514

~~(iii) Adjust the sum of the allocations under divisions~~	63515
~~(A)(1)(c)(i) and (ii) for each county so that the sum allocated to~~	63516
~~each county under those divisions is at least two hundred~~	63517
~~twenty-five thousand dollars. If such an adjustment is made, the~~	63518
~~sum of the apportionments to the counties for which no adjustment~~	63519
~~is necessary shall be proportionately reduced so that the sum of~~	63520
~~the allocations to all counties equals the amount to be allocated~~	63521
~~under divisions (A)(1)(c)(i) to (iii) of this section.~~	63522

~~(d) Add the amount allocated to each county under division~~	63523
~~(A)(1)(c) to its deposit tax revenue.~~	63524

~~(2) Determine how much each county would receive if~~	63525
~~nine-tenths of the amount certified by the commissioner, less six~~	63526
~~million dollars, were allocated in the manner prescribed by~~	63527
~~division (A)(1)(c) of this section~~.	63528

(B) ~~Upon the completion of the computations required by~~	63529
~~division (A) of this section, the commissioner shall assign to~~	63530
~~each county, the amount computed for it under division (A)(1)(d)~~	63531
~~of this section or the amount computed under division (A)(2) of~~	63532
~~this section, whichever is the higher amount, and compute the per~~	63533
~~cent that the assigned amount for each county is of the sum of the~~	63534
~~assigned amounts for all counties. The percentage so computed~~	63535
~~shall be the proportionate share of the county for the following~~	63536
~~calendar year for purposes of making the distributions required by~~	63537
~~section 5747.50 of the Revised Code~~(1) The product obtained by	63538
multiplying the percentage described in division (B)(1)(a) of this	63539
section by the amount described in division (B)(1)(b) of this	63540
section.	63541

(a) Each county's proportionate share of the total amount	63542
distributed to the counties from the local government fund and the	63543
local government revenue assistance fund during calendar year	63544
2007.	63545

(b) The total amount distributed to counties from the local	63546
government fund and the local government revenue assistance fund	63547
during calendar year 2007 adjusted downward if, and to the extent	63548
that, total local government fund distributions to counties for	63549
the following year are projected to be less than what was	63550
distributed to counties from the local government fund and local	63551
government revenue assistance fund during calendar year 2007.	63552

(2) The product obtained by multiplying the percentage	63553
described in division (B)(2)(a) of this section by the amount	63554
described in division (B)(2)(b) of this section.	63555

(a) Each county's proportionate share of the state's	63556
population as reflected in the most recent federal decennial	63557
census or the federal government's most recent census estimates,	63558
whichever represents the most recent year.	63559

(b) The amount by which total estimated distributions from	63560
the local government fund during the immediately succeeding	63561
calendar year, less the total estimated amount to be distributed	63562
from the fund to municipal corporations under division (C) of	63563
section 5747.50 of the Revised Code during the immediately	63564
succeeding calendar year, exceed the total amount distributed to	63565
counties from the local government fund and local government	63566
revenue assistance fund during calendar year 2007.	63567

Sec. 5747.51. (A) ~~Within ten days after~~On or before the	63568
~~fifteenth~~twenty-fifth day of July of each year, the tax	63569
commissioner shall make and certify to the county auditor of each	63570
county an estimate of the amount of the local government fund to	63571
be allocated to the undivided local government fund of each county	63572
for the ensuing calendar year and the estimated amount to be	63573
received by the undivided local government fund of each county	63574
from the taxes levied pursuant to section 5707.03 of the Revised	63575
Code for the ensuing calendar year.	63576

(B) At each annual regular session of the county budget	63577
commission convened pursuant to section 5705.27 of the Revised	63578
Code, each auditor shall present to the commission the certificate	63579
of the commissioner, the annual tax budget and estimates, and the	63580
records showing the action of the commission in its last preceding	63581
regular session. The estimates shown on the certificate of the	63582
commissioner of the amount to be allocated from the local	63583
government fund and the amount to be received from taxes levied	63584
pursuant to section 5707.03 of the Revised Code shall be combined	63585
into one total comprising the estimate of the undivided local	63586
government fund of the county. The commission, after extending to	63587
the representatives of each subdivision an opportunity to be	63588
heard, under oath administered by any member of the commission,	63589
and considering all the facts and information presented to it by	63590
the auditor, shall determine the amount of the undivided local	63591
government fund needed by and to be apportioned to each	63592
subdivision for current operating expenses, as shown in the tax	63593
budget of the subdivision. This determination shall be made	63594
pursuant to divisions (C) to (I) of this section, unless the	63595
commission has provided for a formula pursuant to section 5747.53	63596
of the Revised Code.	63597

Nothing in this section prevents the budget commission, for	63598
the purpose of apportioning the undivided local government fund,	63599
from inquiring into the claimed needs of any subdivision as stated	63600
in its tax budget, or from adjusting claimed needs to reflect	63601
actual needs. For the purposes of this section, "current operating	63602
expenses" means the lawful expenditures of a subdivision, except	63603
those for permanent improvements and except payments for interest,	63604
sinking fund, and retirement of bonds, notes, and certificates of	63605
indebtedness of the subdivision.	63606

(C) The commission shall determine the combined total of the	63607
estimated expenditures, including transfers, from the general fund	63608
and any special funds other than special funds established for	63609
road and bridge; street construction, maintenance, and repair;	63610
state highway improvement; and gas, water, sewer, and electric	63611
public utilities operated by a subdivision, as shown in the	63612
subdivision's tax budget for the ensuing calendar year.	63613

(D) From the combined total of expenditures calculated	63614
pursuant to division (C) of this section, the commission shall	63615
deduct the following expenditures, if included in these funds in	63616
the tax budget:	63617

(1) Expenditures for permanent improvements as defined in	63618
division (E) of section 5705.01 of the Revised Code;	63619

(2) In the case of counties and townships, transfers to the	63620
road and bridge fund, and in the case of municipalities, transfers	63621
to the street construction, maintenance, and repair fund and the	63622
state highway improvement fund;	63623

(3) Expenditures for the payment of debt charges;

63624

(4) Expenditures for the payment of judgments.

63625

(E) In addition to the deductions made pursuant to division	63626
(D) of this section, revenues accruing to the general fund and any	63627
special fund considered under division (C) of this section from	63628
the following sources shall be deducted from the combined total of	63629
expenditures calculated pursuant to division (C) of this section:	63630

(1) Taxes levied within the ten-mill limitation, as defined	63631
in section 5705.02 of the Revised Code;	63632

(2) The budget commission allocation of estimated county	63633
library and local government support fund revenues to be	63634
distributed pursuant to section 5747.48 of the Revised Code;	63635

(3) Estimated unencumbered balances as shown on the tax	63636
budget as of the thirty-first day of December of the current year	63637
in the general fund, but not any estimated balance in any special	63638
fund considered in division (C) of this section;	63639

(4) Revenue, including transfers, shown in the general fund	63640
and any special funds other than special funds established for	63641
road and bridge; street construction, maintenance, and repair;	63642
state highway improvement; and gas, water, sewer, and electric	63643
public utilities, from all other sources except those that a	63644
subdivision receives from an additional tax or service charge	63645
voted by its electorate or receives from special assessment or	63646
revenue bond collection. For the purposes of this division, where	63647
the charter of a municipal corporation prohibits the levy of an	63648
income tax, an income tax levied by the legislative authority of	63649
such municipal corporation pursuant to an amendment of the charter	63650
of that municipal corporation to authorize such a levy represents	63651
an additional tax voted by the electorate of that municipal	63652
corporation. For the purposes of this division, any measure	63653
adopted by a board of county commissioners pursuant to section	63654
322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,	63655
including those measures upheld by the electorate in a referendum	63656
conducted pursuant to section 322.021, 324.021, 4504.021, or	63657
5739.022 of the Revised Code, shall not be considered an	63658
additional tax voted by the electorate.	63659

Subject to division (G) of section 5705.29 of the Revised	63660
Code, money in a reserve balance account established by a county,	63661
township, or municipal corporation under section 5705.13 of the	63662
Revised Code shall not be considered an unencumbered balance or	63663
revenue under division (E)(3) or (4) of this section. Money in a	63664
reserve balance account established by a township under section	63665
5705.132 of the Revised Code shall not be considered an	63666
unencumbered balance or revenue under division (E)(3) or (4) of	63667
this section.	63668

If a county, township, or municipal corporation has created	63669
and maintains a nonexpendable trust fund under section 5705.131 of	63670
the Revised Code, the principal of the fund, and any additions to	63671
the principal arising from sources other than the reinvestment of	63672
investment earnings arising from such a fund, shall not be	63673
considered an unencumbered balance or revenue under division	63674
(E)(3) or (4) of this section. Only investment earnings arising	63675
from investment of the principal or investment of such additions	63676
to principal may be considered an unencumbered balance or revenue	63677
under those divisions.	63678

(F) The total expenditures calculated pursuant to division	63679
(C) of this section, less the deductions authorized in divisions	63680
(D) and (E) of this section, shall be known as the "relative need"	63681
of the subdivision, for the purposes of this section.	63682

(G) The budget commission shall total the relative need of	63683
all participating subdivisions in the county, and shall compute a	63684
relative need factor by dividing the total estimate of the	63685
undivided local government fund by the total relative need of all	63686
participating subdivisions.	63687

(H) The relative need of each subdivision shall be multiplied	63688
by the relative need factor to determine the proportionate share	63689
of the subdivision in the undivided local government fund of the	63690
county; provided, that the maximum proportionate share of a county	63691
shall not exceed the following maximum percentages of the total	63692
estimate of the undivided local government fund governed by the	63693
relationship of the percentage of the population of the county	63694
that resides within municipal corporations within the county to	63695
the total population of the county as reported in the reports on	63696
population in Ohio by the department of development as of the	63697
twentieth day of July of the year in which the tax budget is filed	63698
with the budget commission:	63699

Percentage of	Percentage share	63700
municipal population	of the county	63701
within the county:	shall not exceed:	63702
Less than forty-one per cent	Sixty per cent	63703
Forty-one per cent or more but less		63704
than eighty-one per cent	Fifty per cent	63705
Eighty-one per cent or more	Thirty per cent	63706

Where the proportionate share of the county exceeds the	63707
limitations established in this division, the budget commission	63708
shall adjust the proportionate shares determined pursuant to this	63709
division so that the proportionate share of the county does not	63710
exceed these limitations, and it shall increase the proportionate	63711
shares of all other subdivisions on a pro rata basis. In counties	63712
having a population of less than one hundred thousand, not less	63713
than ten per cent shall be distributed to the townships therein.	63714

(I) The proportionate share of each subdivision in the	63715
undivided local government fund determined pursuant to division	63716
(H) of this section for any calendar year shall not be less than	63717
the product of the average of the percentages of the undivided	63718
local government fund of the county as apportioned to that	63719
subdivision for the calendar years 1968, 1969, and 1970,	63720
multiplied by the total amount of the undivided local government	63721
fund of the county apportioned pursuant to former section 5735.23	63722
of the Revised Code for the calendar year 1970. For the purposes	63723
of this division, the total apportioned amount for the calendar	63724
year 1970 shall be the amount actually allocated to the county in	63725
1970 from the state collected intangible tax as levied by section	63726
5707.03 of the Revised Code and distributed pursuant to section	63727
5725.24 of the Revised Code, plus the amount received by the	63728
county in the calendar year 1970 pursuant to division (B)(1) of	63729
former section 5739.21 of the Revised Code, and distributed	63730
pursuant to former section 5739.22 of the Revised Code. If the	63731
total amount of the undivided local government fund for any	63732
calendar year is less than the amount of the undivided local	63733
government fund apportioned pursuant to former section 5739.23 of	63734
the Revised Code for the calendar year 1970, the minimum amount	63735
guaranteed to each subdivision for that calendar year pursuant to	63736
this division shall be reduced on a basis proportionate to the	63737
amount by which the amount of the undivided local government fund	63738
for that calendar year is less than the amount of the undivided	63739
local government fund apportioned for the calendar year 1970.	63740

(J) On the basis of such apportionment, the county auditor	63741
shall compute the percentage share of each such subdivision in the	63742
undivided local government fund and shall at the same time certify	63743
to the tax commissioner the percentage share of the county as a	63744
subdivision. No payment shall be made from the undivided local	63745
government fund, except in accordance with such percentage shares.	63746

Within ten days after the budget commission has made its	63747
apportionment, whether conducted pursuant to section 5747.51 or	63748
5747.53 of the Revised Code, the auditor shall publish a list of	63749
the subdivisions and the amount each is to receive from the	63750
undivided local government fund and the percentage share of each	63751
subdivision, in a newspaper or newspapers of countywide	63752
circulation, and send a copy of such allocation to the tax	63753
commissioner.	63754

The county auditor shall also send by certified mail, return	63755
receipt requested, a copy of such allocation to the fiscal officer	63756
of each subdivision entitled to participate in the allocation of	63757
the undivided local government fund of the county. This copy shall	63758
constitute the official notice of the commission action referred	63759
to in section 5705.37 of the Revised Code.	63760

All money received into the treasury of a subdivision from	63761
the undivided local government fund in a county treasury shall be	63762
paid into the general fund and used for the current operating	63763
expenses of the subdivision.	63764

If a municipal corporation maintains a municipal university,	63765
such municipal university, when the board of trustees so requests	63766
the legislative authority of the municipal corporation, shall	63767
participate in the money apportioned to such municipal corporation	63768
from the total local government fund, however created and	63769
constituted, in such amount as requested by the board of trustees,	63770
provided such sum does not exceed nine per cent of the total	63771
amount paid to the municipal corporation.	63772

If any public official fails to maintain the records required	63773
by sections 5747.50 to 5747.55 of the Revised Code or by the rules	63774
issued by the tax commissioner, the auditor of state, or the	63775
treasurer of state pursuant to such sections, or fails to comply	63776
with any law relating to the enforcement of such sections, the	63777
local government fund money allocated to the county ~~shall~~may be	63778
withheld until such time as the public official has complied with	63779
such sections or such law or the rules issued pursuant thereto.	63780

Sec. 5747.54. The tax commissioner ~~shall not distribute~~may	63781
withhold distributions of local government fund money to any	63782
county where the county auditor has failed to certify to the tax	63783
commissioner the percentage share of the undivided local	63784
government fund of the county as a subdivision for the year for	63785
which distribution is to be made. The director ~~shall~~of budget and	63786
management may direct the tax commissioner to withhold from ~~such~~a	63787
county the percentage of the amount distributable thereto that	63788
constitutes the share of the county as a subdivision of the local	63789
government fund so long as such county is indebted or otherwise	63790
obligated to the state, until such indebtedness or other	63791
obligation has been duly paid, but no distribution of such	63792
percentage share of the local government fund shall be withheld	63793
unless an itemized statement of such indebtedness is furnished the	63794
county auditor of the county from which the indebtedness is due at	63795
least thirty days prior to the withholding of the distribution.	63796

Any indebtedness or obligation of the state to a county shall	63797
be deducted from the amount owing to the state by such county in	63798
determining the indebtedness or obligation as to which	63799
distribution is withheld.	63800

Sec. 5747.77. (A) As used in this section:

63801

(1) "Alternative fuel" means E85 blend fuel or blended	63802
biodiesel.	63803

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	63804
fuel that is derived from vegetable oils or animal fats, or any	63805
combination of those reagents that meets the American society for	63806
testing and materials specification for biodiesel fuel (B100)	63807
blend stock distillate fuels.	63808

(3) "Blended biodiesel" means a blend of biodiesel with	63809
petroleum based diesel fuel in which the resultant product	63810
contains not less than twenty per cent biodiesel and meets the	63811
American society for testing and materials specification for	63812
blended diesel fuel.	63813

(4) "Diesel fuel" means any liquid fuel that is capable of	63814
use in discrete form or as a blend component in the operation of	63815
engines of the diesel type.	63816

(5) "Ethanol" means fermentation ethyl alcohol derived from	63817
agricultural products, including potatoes, cereal, grains, cheese	63818
whey, and sugar beets; forest products; or other renewable	63819
resources, including residue and waste generated from the	63820
production, processing, and marketing of agricultural products,	63821
forest products, and other renewable resources that meet all of	63822
the specifications in the American society for testing and	63823
materials (ASTM) specification D 4806-88 and is denatured as	63824
specified in Parts 20 and 21 of Title 27 of the Code of Federal	63825
Regulations.	63826

(6) "E85 blend fuel" means fuel containing eighty-five per	63827
cent or more ethanol, or containing any other percentage of not	63828
less than seventy per cent ethanol if the United States department	63829
of energy determines, by rule, that the lower percentage is	63830
necessary to provide for the requirements of cold start, safety,	63831
or other vehicle functions, and that meets the American society	63832
for testing and materials specification for E85 blend fuel.	63833

(7) "Retail dealer" means any person that is a taxpayer under	63834
this chapter that owns or operates a retail service station	63835
located in this state.	63836

(8) "Retail service station" means a location in this state	63837
from which alternative fuel is sold to the general public and is	63838
dispensed or pumped directly into motor vehicle fuel tanks for	63839
consumption.	63840

(B) For taxable years ending in 2008 and 2009, there is	63841
hereby allowed a nonrefundable credit against the tax imposed by	63842
section 5747.02 of the Revised Code for a retail dealer that sells	63843
alternative fuel. The credit for a dealer's taxable year ending in	63844
2008 shall equal fifteen cents per gallon of alternative fuel sold	63845
and dispensed through a metered pump at the retail dealer's retail	63846
service station during any part of calendar year 2007 or 2008	63847
included in that taxable year. The credit for a dealer's taxable	63848
year ending in 2009 shall equal fifteen cents per gallon of	63849
alternative fuel sold and dispensed through a metered pump at the	63850
retail dealer's retail service station during any part of calendar	63851
year 2008 included in that taxable year, plus thirteen cents per	63852
gallon of alternative fuel sold and dispensed in that manner	63853
during any part of calendar year 2009 included in that taxable	63854
year.	63855

The credit shall be calculated separately for each retail	63856
service station owned or operated by the retail dealer. The credit	63857
allowed under this section may not be claimed for alternative fuel	63858
sold or dispensed before January 1, 2008, or on or after January	63859
1, 2010.	63860

(C) The retail dealer shall claim the credit under this	63861
section in the order prescribed in section 5747.98 of the Revised	63862
Code. The credit shall not exceed the amount of tax otherwise due	63863
under section 5747.02 of the Revised Code after deducting any	63864
other credits that precede the credit claimed under this section	63865
in that order.	63866

(D) Nothing in this section limits or disallows pass-through	63867
treatment of the credit if the retail dealer is a pass-through	63868
entity. If the retail dealer is a pass-through entity, references	63869
in other divisions of this section to "taxable year" refer to the	63870
dealer's taxable year; an equity owner of the retail dealer that	63871
is a pass-through entity may claim the owner's distributive or	63872
proportionate share of the credit for the equity owner's taxable	63873
year that includes the last day of the entity's taxable year.	63874

Sec. 5747.98. (A) To provide a uniform procedure for	63875
calculating the amount of tax due under section 5747.02 of the	63876
Revised Code, a taxpayer shall claim any credits to which the	63877
taxpayer is entitled in the following order:	63878

(1) The retirement income credit under division (B) of	63879
section 5747.055 of the Revised Code;	63880

(2) The senior citizen credit under division (C) of section	63881
5747.05 of the Revised Code;	63882

(3) The lump sum distribution credit under division (D) of	63883
section 5747.05 of the Revised Code;	63884

(4) The dependent care credit under section 5747.054 of the	63885
Revised Code;	63886

(5) The lump sum retirement income credit under division (C)	63887
of section 5747.055 of the Revised Code;	63888

(6) The lump sum retirement income credit under division (D)	63889
of section 5747.055 of the Revised Code;	63890

(7) The lump sum retirement income credit under division (E)	63891
of section 5747.055 of the Revised Code;	63892

(8) The low-income credit under section 5747.056 of the	63893
Revised Code;	63894

(9) The credit for displaced workers who pay for job training	63895
under section 5747.27 of the Revised Code;	63896

(10) The campaign contribution credit under section 5747.29	63897
of the Revised Code;	63898

(11) The twenty-dollar personal exemption credit under	63899
section 5747.022 of the Revised Code;	63900

(12) The joint filing credit under division (G) of section	63901
5747.05 of the Revised Code;	63902

(13) The nonresident credit under division (A) of section	63903
5747.05 of the Revised Code;	63904

(14) The credit for a resident's out-of-state income under	63905
division (B) of section 5747.05 of the Revised Code;	63906

(15) The credit for employers that enter into agreements with	63907
child day-care centers under section 5747.34 of the Revised Code;	63908

(16) The credit for employers that reimburse employee child	63909
care expenses under section 5747.36 of the Revised Code;	63910

(17) The credit for adoption of a minor child under section	63911
5747.37 of the Revised Code;	63912

(18) The credit for purchases of lights and reflectors under	63913
section 5747.38 of the Revised Code;	63914

(19) The job retention credit under division (B) of section	63915
5747.058 of the Revised Code;	63916

(20) The credit ~~for purchases of new manufacturing machinery~~	63917
~~and equipment under section 5747.26 or section 5747.261~~for	63918
selling alternative fuel under section 5747.77 of the Revised	63919
Code;	63920

(21) The second credit for purchases of new manufacturing	63921
machinery and equipment and the credit for using Ohio coal under	63922
section 5747.31 of the Revised Code;	63923

(22) The job training credit under section 5747.39 of the	63924
Revised Code;	63925

(23) The enterprise zone credit under section 5709.66 of the	63926
Revised Code;	63927

(24) The credit for the eligible costs associated with a	63928
voluntary action under section 5747.32 of the Revised Code;	63929

(25) The credit for employers that establish on-site child	63930
day-care centers under section 5747.35 of the Revised Code;	63931

(26) The ethanol plant investment credit under section	63932
5747.75 of the Revised Code;	63933

(27) The credit for purchases of qualifying grape production	63934
property under section 5747.28 of the Revised Code;	63935

(28) The export sales credit under section 5747.057 of the	63936
Revised Code;	63937

(29) The credit for research and development and technology	63938
transfer investors under section 5747.33 of the Revised Code;	63939

(30) The enterprise zone credits under section 5709.65 of the	63940
Revised Code;	63941

(31) The research and development credit under section	63942
5747.331 of the Revised Code;	63943

(32) The refundable credit for rehabilitating a historic	63944
building under section 5747.76 of the Revised Code;	63945

(33) The refundable jobs creation credit under division (A)	63946
of section 5747.058 of the Revised Code;	63947

(34) The refundable credit for taxes paid by a qualifying	63948
entity granted under section 5747.059 of the Revised Code;	63949

(35) The refundable credits for taxes paid by a qualifying	63950
pass-through entity granted under division (J) of section 5747.08	63951
of the Revised Code;	63952

(36) The refundable credit for tax withheld under division	63953
(B)(1) of section 5747.062 of the Revised Code;	63954

(37) The refundable credit under section 5747.80 of the	63955
Revised Code for losses on loans made to the Ohio venture capital	63956
program under sections 150.01 to 150.10 of the Revised Code.	63957

(B) For any credit, except the credits enumerated in	63958
divisions (A)(32) to (37) of this section and the credit granted	63959
under division (I) of section 5747.08 of the Revised Code, the	63960
amount of the credit for a taxable year shall not exceed the tax	63961
due after allowing for any other credit that precedes it in the	63962
order required under this section. Any excess amount of a	63963
particular credit may be carried forward if authorized under the	63964
section creating that credit. Nothing in this chapter shall be	63965
construed to allow a taxpayer to claim, directly or indirectly, a	63966
credit more than once for a taxable year.	63967

Sec. 5748.01. As used in this chapter:

63968

(A) "School district income tax" means an income tax adopted	63969
under one of the following:	63970

(1) Former section 5748.03 of the Revised Code as it existed	63971
prior to its repeal by Amended Substitute House Bill No. 291 of	63972
the 115th general assembly;	63973

(2) Section 5748.03 of the Revised Code as enacted in	63974
Substitute Senate Bill No. 28 of the 118th general assembly;	63975

(3) Section 5748.08 of the Revised Code as enacted in Amended	63976
Substitute Senate Bill No. 17 of the 122nd general assembly;	63977

(4) Section 5748.021 of the Revised Code;

63978

(5) Section 5748.081 of the Revised Code.

63979

(B) "Individual" means an individual subject to the tax	63980
levied by section 5747.02 of the Revised Code.	63981

(C) "Estate" means an estate subject to the tax levied by	63982
section 5747.02 of the Revised Code.	63983

(D) "Taxable year" means a taxable year as defined in	63984
division (M) of section 5747.01 of the Revised Code.	63985

(E) "Taxable income" means:

63986

(1) In the case of an individual, one of the following, as	63987
specified in the resolution imposing the tax:	63988

(a) Ohio adjusted gross income for the taxable year as	63989
defined in division (A) of section 5747.01 of the Revised Code,	63990
less the exemptions provided by section 5747.02 of the Revised	63991
Code;	63992

(b) Wages, salaries, tips, and other employee compensation to	63993
the extent included in Ohio adjusted gross income as defined in	63994
section 5747.01 of the Revised Code, and net earnings from	63995
self-employment, as defined in section 1402(a) of the Internal	63996
Revenue Code, to the extent included in Ohio adjusted gross	63997
income.	63998

(2) In the case of an estate, taxable income for the taxable	63999
year as defined in division (S) of section 5747.01 of the Revised	64000
Code.	64001

(F) "Resident" of the school district means:

64002

(1) An individual who is a resident of this state as defined	64003
in division (I) of section 5747.01 of the Revised Code during all	64004
or a portion of the taxable year and who, during all or a portion	64005
of such period of state residency, is domiciled in the school	64006
district or lives in and maintains a permanent place of abode in	64007
the school district;	64008

(2) An estate of a decedent who, at the time of death, was	64009
domiciled in the school district.	64010

(G) "School district income" means:

64011

(1) With respect to an individual, the portion of the taxable	64012
income of an individual that is received by the individual during	64013
the portion of the taxable year that the individual is a resident	64014
of the school district and the school district income tax is in	64015
effect in that school district. An individual may have school	64016
district income with respect to more than one school district.	64017

(2) With respect to an estate, the taxable income of the	64018
estate for the portion of the taxable year that the school	64019
district income tax is in effect in that school district.	64020

(H) "Taxpayer" means an individual or estate having school	64021
district income upon which a school district income tax is	64022
imposed.	64023

(I) "School district purposes" means any of the purposes for	64024
which a tax may be levied pursuant to section 5705.21 of the	64025
Revised Code, including the combined purposes authorized by	64026
section 5705.217 of the Revised Code.	64027

Sec. 5748.02. (A) The board of education of any school	64028
district, except a joint vocational school district, may declare,	64029
by resolution, the necessity of raising annually a specified	64030
amount of money for school district purposes. The resolution shall	64031
specify whether the income that is to be subject to the tax is	64032
taxable income of individuals and estates as defined in divisions	64033
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	64034
taxable income of individuals as defined in division (E)(1)(b) of	64035
that section. A copy of the resolution shall be certified to the	64036
tax commissioner no later than eighty-five days prior to the date	64037
of the election at which the board intends to propose a levy under	64038
this section. Upon receipt of the copy of the resolution, the tax	64039
commissioner shall estimate both of the following:	64040

(1) The property tax rate that would have to be imposed in	64041
the current year by the district to produce an equivalent amount	64042
of money;	64043

(2) The income tax rate that would have had to have been in	64044
effect for the current year to produce an equivalent amount of	64045
money from a school district income tax.	64046

Within ten days of receiving the copy of the board's	64047
resolution, the commissioner shall prepare these estimates and	64048
certify them to the board. Upon receipt of the certification, the	64049
board may adopt a resolution proposing an income tax under	64050
division (B) of this section at the estimated rate contained in	64051
the certification rounded to the nearest one-fourth of one per	64052
cent. The commissioner's certification applies only to the board's	64053
proposal to levy an income tax at the election for which the board	64054
requested the certification. If the board intends to submit a	64055
proposal to levy an income tax at any other election, it shall	64056
request another certification for that election in the manner	64057
prescribed in this division.	64058

(B)(1) Upon the receipt of a certification from the tax	64059
commissioner under division (A) of this section, a majority of the	64060
members of a board of education may adopt a resolution proposing	64061
the levy of an annual tax for school district purposes on school	64062
district income. The proposed levy may be for a continuing period	64063
of time or for a specified number of years. The resolution shall	64064
set forth the purpose for which the tax is to be imposed, the rate	64065
of the tax, which shall be the rate set forth in the	64066
commissioner's certification rounded to the nearest one-fourth of	64067
one per cent, the number of years the tax will be levied or that	64068
it will be levied for a continuing period of time, the date on	64069
which the tax shall take effect, which shall be the first day of	64070
January of any year following the year in which the question is	64071
submitted, and the date of the election at which the proposal	64072
shall be submitted to the electors of the district, which shall be	64073
on the date of a primary, general, or special election the date of	64074
which is consistent with section 3501.01 of the Revised Code. The	64075
resolution shall specify whether the income that is to be subject	64076
to the tax is taxable income of individuals and estates as defined	64077
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	64078
Code or taxable income of individuals as defined in division	64079
(E)(1)(b) of that section. The specification shall be the same as	64080
the specification in the resolution adopted and certified under	64081
division (A) of this section. If	64082

If the tax is to be levied for current expenses and permanent	64083
improvements, the resolution shall apportion the annual rate of	64084
the tax. The apportionment may be the same or different for each	64085
year the tax is levied, but the respective portions of the rate	64086
actually levied each year for current expenses and for permanent	64087
improvements shall be limited by the apportionment.	64088

If the board of education currently imposes an income tax	64089
pursuant to this chapter that is due to expire and a question is	64090
submitted under this section for a proposed income tax to take	64091
effect upon the expiration of the existing tax, the board may	64092
specify in the resolution that the proposed tax renews the	64093
expiring tax and is not an additional income tax, provided that	64094
the tax rate being proposed is no higher than the tax rate that is	64095
currently imposed.	64096

(2) A board of education adopting a resolution under division	64097
(B)(1) of this section proposing a school district income tax for	64098
a continuing period of time and limited to the purpose of current	64099
expenses may propose in that resolution to reduce the rate or	64100
rates of one or more of the school district's property taxes	64101
levied for a continuing period of time in excess of the ten-mill	64102
limitation for the purpose of current expenses. The reduction in	64103
the rate of a property tax may be any amount, expressed in mills	64104
per one dollar in valuation, not exceeding the rate at which the	64105
tax is authorized to be levied. The reduction in the rate of a tax	64106
shall first take effect for the tax year that includes the day on	64107
which the school district income tax first takes effect, and shall	64108
continue for each tax year that both the school district income	64109
tax and the property tax levy are in effect.	64110

In addition to the matters required to be set forth in the	64111
resolution under division (B)(1) of this section, a resolution	64112
containing a proposal to reduce the rate of one or more property	64113
taxes shall state for each such tax the maximum rate at which it	64114
currently may be levied and the maximum rate at which the tax	64115
could be levied after the proposed reduction, expressed in mills	64116
per one dollar in valuation, and that the tax is levied for a	64117
continuing period of time.	64118

If a board of education proposes to reduce the rate of one or	64119
more property taxes under division (B)(2) of this section, the	64120
board, when it makes the certification required under division (A)	64121
of this section, shall designate the specific levy or levies to be	64122
reduced, the maximum rate at which each levy currently is	64123
authorized to be levied, and the rate by which each levy is	64124
proposed to be reduced. The tax commissioner, when making the	64125
certification to the board under division (A) of this section,	64126
also shall certify the reduction in the total effective tax rate	64127
for current expenses for each class of property that would have	64128
resulted if the proposed reduction in the rate or rates had been	64129
in effect the previous tax year. As used in this paragraph,	64130
"effective tax rate" has the same meaning as in section 323.08 of	64131
the Revised Code.	64132

(C) A resolution adopted under division (B) of this section	64133
shall go into immediate effect upon its passage, and no	64134
publication of the resolution shall be necessary other than that	64135
provided for in the notice of election. Immediately after its	64136
adoption and at least seventy-five days prior to the election at	64137
which the question will appear on the ballot, a copy of the	64138
resolution shall be certified to the board of elections of the	64139
proper county, which shall submit the proposal to the electors on	64140
the date specified in the resolution. The form of the ballot shall	64141
be as provided in section 5748.03 of the Revised Code. Publication	64142
of notice of the election shall be made in one or more newspapers	64143
of general circulation in the county once a week for two	64144
consecutive weeks prior to the election, and, if the board of	64145
elections operates and maintains a web site, the board of	64146
elections shall post notice of the election on its web site for	64147
thirty days prior to the election. The notice shall contain the	64148
time and place of the election and the question to be submitted to	64149
the electors. The question covered by the resolution shall be	64150
submitted as a separate proposition, but may be printed on the	64151
same ballot with any other proposition submitted at the same	64152
election, other than the election of officers.	64153

(D) No board of education shall submit the question of a tax	64154
on school district income to the electors of the district more	64155
than twice in any calendar year. If a board submits the question	64156
twice in any calendar year, one of the elections on the question	64157
shall be held on the date of the general election.	64158

(E)(1) No board of education may submit to the electors of	64159
the district the question of a tax on school district income on	64160
the taxable income of individuals as defined in division (E)(1)(b)	64161
of section 5748.01 of the Revised Code if that tax would be in	64162
addition to an existing tax on the taxable income of individuals	64163
and estates as defined in divisions (E)(1)(a) and (2) of that	64164
section.	64165

(2) No board of education may submit to the electors of the	64166
district the question of a tax on school district income on the	64167
taxable income of individuals and estates as defined in divisions	64168
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	64169
tax would be in addition to an existing tax on the taxable income	64170
of individuals as defined in division (E)(1)(b) of that section.	64171

Sec. 5748.022. A majority of the members of a board of	64172
education of a school district levying a tax under section 5748.02	64173
of the Revised Code may adopt a resolution reducing the rate of	64174
the tax by a multiple of one-fourth of one per cent.	64175

The resolution shall set forth the current rate of the tax,	64176
the reduced rate of tax that results from adoption of the	64177
resolution, the purpose or purposes for which the tax is levied,	64178
the remaining number of years the tax will be levied or that it is	64179
levied for a continuing period of time, and the date on which the	64180
reduced tax rate shall take effect, which shall be the ensuing	64181
first day of January occurring at least sixty days after a copy of	64182
the resolution is certified to the tax commissioner.	64183

Sec. 5749.02. (A) For the purpose of providing revenue to	64184
administer the state's coal mining and reclamation regulatory	64185
program, to meet the environmental and resource management needs	64186
of this state, and to reclaim land affected by mining, an excise	64187
tax is hereby levied on the privilege of engaging in the severance	64188
of natural resources from the soil or water of this state. The tax	64189
shall be imposed upon the severer and shall be:	64190

(1) Ten cents per ton of coal;

64191

(2) Four cents per ton of salt;

64192

(3) Two cents per ton of limestone or dolomite;

64193

(4) Two cents per ton of sand and gravel;

64194

(5) Ten cents per barrel of oil;

64195

(6) Two and one-half cents per thousand cubic feet of natural	64196
gas;	64197

(7) One cent per ton of clay, sandstone or conglomerate,	64198
shale, gypsum, or quartzite;	64199

(8) Except as otherwise provided in this division or in rules	64200
adopted by the reclamation forfeiture fund advisory board under	64201
section 1513.182 of the Revised Code, an additional fourteen cents	64202
per ton of coal produced from an area under a coal mining and	64203
reclamation permit issued under Chapter 1513. of the Revised Code	64204
for which the performance security is provided under division	64205
(C)(2) of section 1513.08 of the Revised Code. IfBeginning July	64206
1, 2007, if at the end of a fiscal biennium the balance of the	64207
reclamation forfeiture fund created in section 1513.18 of the	64208
Revised Code is equal to or greater than ten million dollars, the	64209
rate levied shall be twelve cents per ton. IfBeginning July 1,	64210
2007, if at the end of a fiscal biennium the balance of the fund	64211
is at least five million dollars, but less than ten million	64212
dollars, the rate levied shall be fourteen cents per ton. If	64213
Beginning July 1, 2007, if at the end of a fiscal biennium the	64214
balance of the fund is less than five million dollars, the rate	64215
levied shall be sixteen cents per ton. ~~Not~~Beginning July 1, 2009,	64216
not later than thirty days after the close of a fiscal biennium,	64217
the chief of the division of mineral resources management shall	64218
certify to the tax commissioner the amount of the balance of the	64219
reclamation forfeiture fund as of the close of the fiscal	64220
biennium. Any necessary adjustment of the rate levied shall take	64221
effect on the first day of the following January and shall remain	64222
in effect during the calendar biennium that begins on that date.	64223

(9) An additional one and two-tenths cents per ton of coal	64224
mined by surface mining methods.	64225

(B) Of the moneys received by the treasurer of state from the	64226
tax levied in division (A)(1) of this section, four and	64227
seventy-six-hundredths per cent shall be credited to the	64228
geological mapping fund created in section 1505.09 of the Revised	64229
Code, eighty and ninety-five-hundredths per cent shall be credited	64230
to the coal mining administration and reclamation reserve fund	64231
created in section 1513.181 of the Revised Code, and fourteen and	64232
twenty-nine-hundredths per cent shall be credited to the	64233
unreclaimed lands fund created in section 1513.30 of the Revised	64234
Code.	64235

Fifteen per cent of the moneys received by the treasurer of	64236
state from the tax levied in division (A)(2) of this section shall	64237
be credited to the geological mapping fund and the remainder shall	64238
be credited to the unreclaimed lands fund.	64239

Of the moneys received by the treasurer of state from the tax	64240
levied in divisions (A)(3) and (4) of this section, seven and	64241
five-tenths per cent shall be credited to the geological mapping	64242
fund, forty-two and five-tenths per cent shall be credited to the	64243
unreclaimed lands fund, and the remainder shall be credited to the	64244
surface mining fund created in section 1514.06 of the Revised	64245
Code.	64246

Of the moneys received by the treasurer of state from the tax	64247
levied in divisions (A)(5) and (6) of this section, ninety per	64248
cent shall be credited to the oil and gas well fund created in	64249
section 1509.02 of the Revised Code and ten per cent shall be	64250
credited to the geological mapping fund. All of the moneys	64251
received by the treasurer of state from the tax levied in division	64252
(A)(7) of this section shall be credited to the surface mining	64253
fund.	64254

All of the moneys received by the treasurer of state from the	64255
tax levied in division (A)(8) of this section shall be credited to	64256
the reclamation forfeiture fund.	64257

All of the moneys received by the treasurer of state from the	64258
tax levied in division (A)(9) of this section shall be credited to	64259
the unreclaimed lands fund.	64260

(C) When, at the close of any fiscal year, the chief finds	64261
that the balance of the reclamation forfeiture fund, plus	64262
estimated transfers to it from the coal mining administration and	64263
reclamation reserve fund under section 1513.181 of the Revised	64264
Code, plus the estimated revenues from the tax levied by division	64265
(A)(8) of this section for the remainder of the calendar year that	64266
includes the close of the fiscal year, are sufficient to complete	64267
the reclamation of lands for which the performance security has	64268
been provided under division (C)(2) of section 1513.08 of the	64269
Revised Code, the purposes for which the tax under division (A)(8)	64270
of this section is levied shall be deemed accomplished at the end	64271
of that calendar year. The chief, within thirty days after the	64272
close of the fiscal year, shall certify those findings to the tax	64273
commissioner, and the tax levied under division (A)(8) of this	64274
section shall cease to be imposed after the last day of that	64275
calendar year on coal produced under a coal mining and reclamation	64276
permit issued under Chapter 1513. of the Revised Code if the	64277
permittee has made tax payments under division (A)(8) of this	64278
section during each of the preceding five full calendar years. Not	64279
later than thirty days after the close of a fiscal year, the chief	64280
shall certify to the tax commissioner the identity of any	64281
permittees who accordingly no longer are required to pay the tax	64282
levied under division (A)(8) of this section.	64283

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	64284
the Revised Code:	64285

(1) "School district," "joint vocational school district,"	64286
"local taxing unit," ~~"state education aid,"~~ "recognized	64287
valuation," "fixed-rate levy," and "fixed-sum levy" have the same	64288
meanings as used in section 5727.84 of the Revised Code.	64289

(2) "State education aid" for a school district means the sum	64290
of state aid amounts computed for the district under division (A)	64291
of section 3317.022 of the Revised Code, including the amounts	64292
calculated under sections 3317.029 and 3317.0217 of the Revised	64293
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	64294
3317.022; divisions (B), (C), and (D) of section 3317.023;	64295
divisions (L) and (N) of section 3317.024; section 3317.0216; and	64296
any unit payments for gifted student services paid under sections	64297
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	64298
for fiscal years 2008 and 2009, the amount computed for the	64299
district under Section 269.20.80 of H.B. 119 of the 127th general	64300
assembly and as that section subsequently may be amended shall be	64301
substituted for the amount computed under division (D) of section	64302
3317.022 of the Revised Code, and the amount computed under	64303
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	64304
that section subsequently may be amended shall be included.	64305

(3) "State education aid" for a joint vocational school	64306
district means the sum of the state aid computed for the district	64307
under division (N) of section 3317.024 and section 3317.16 of the	64308
Revised Code, except that, for fiscal years 2008 and 2009, the	64309
amount computed under Section 269.30.80 of H.B. 119 of the 127th	64310
general assembly and as that section subsequently may be amended	64311
shall be included.	64312

(4) "State education aid offset" means the amount determined	64313
for each school district or joint vocational school district under	64314
division (A)(1) of section 5751.21 of the Revised Code.	64315

~~(3)~~(5) "Machinery and equipment property tax value loss"	64316
means the amount determined under division (C)(1) of this section.	64317

~~(4)~~(6) "Inventory property tax value loss" means the amount	64318
determined under division (C)(2) of this section.	64319

~~(5)~~(7) "Furniture and fixtures property tax value loss" means	64320
the amount determined under division (C)(3) of this section.	64321

~~(6)~~(8) "Machinery and equipment fixed-rate levy loss" means	64322
the amount determined under division (D)(1) of this section.	64323

~~(7)~~(9) "Inventory fixed-rate levy loss" means the amount	64324
determined under division (D)(2) of this section.	64325

~~(8)~~(10) "Furniture and fixtures fixed-rate levy loss" means	64326
the amount determined under division (D)(3) of this section.	64327

~~(9)~~(11) "Total fixed-rate levy loss" means the sum of the	64328
machinery and equipment fixed-rate levy loss, the inventory	64329
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	64330
loss, and the telephone company fixed-rate levy loss.	64331

~~(10)~~(12) "Fixed-sum levy loss" means the amount determined	64332
under division (E) of this section.	64333

~~(11)~~(13) "Machinery and equipment" means personal property	64334
subject to the assessment rate specified in division (F) of	64335
section 5711.22 of the Revised Code.	64336

~~(12)~~(14) "Inventory" means personal property subject to the	64337
assessment rate specified in division (E) of section 5711.22 of	64338
the Revised Code.	64339

~~(13)~~(15) "Furniture and fixtures" means personal property	64340
subject to the assessment rate specified in division (G) of	64341
section 5711.22 of the Revised Code.	64342

~~(14)~~(16) "Qualifying levies" are levies in effect for tax	64343
year 2004 or applicable to tax year 2005 or approved at an	64344
election conducted before September 1, 2005. For the purpose of	64345
determining the rate of a qualifying levy authorized by section	64346
5705.212 or 5705.213 of the Revised Code, the rate shall be the	64347
rate that would be in effect for tax year 2010.	64348

~~(15)~~(17) "Telephone property" means tangible personal	64349
property of a telephone, telegraph, or interexchange	64350
telecommunications company subject to an assessment rate specified	64351
in section 5727.111 of the Revised Code in tax year 2004.	64352

~~(16)~~(18) "Telephone property tax value loss" means the amount	64353
determined under division (C)(4) of this section.	64354

~~(17)~~(19) "Telephone property fixed-rate levy loss" means the	64355
amount determined under division (D)(4) of this section.	64356

(B) The commercial activities tax receipts fund is hereby	64357
created in the state treasury and shall consist of money arising	64358
from the tax imposed under this chapter. All money in that fund	64359
shall be credited for each fiscal year in the following	64360
percentages to the general revenue fund, to the school district	64361
tangible property tax replacement fund, which is hereby created in	64362
the state treasury for the purpose of making the payments	64363
described in section 5751.21 of the Revised Code, and to the local	64364
government tangible property tax replacement fund, which is hereby	64365
created in the state treasury for the purpose of making the	64366
payments described in section 5751.22 of the Revised Code, in the	64367
following percentages:	64368

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	64369
2006	67.7%	22.6%	9.7%	64370
2007	0%	70.0%	30.0%	64371
2008	0%	70.0%	30.0%	64372
2009	0%	70.0%	30.0%	64373
2010	0%	70.0%	30.0%	64374
2011	0%	70.0%	30.0%	64375
2012	5.3%	70.0%	24.7%	64376
2013	~~19.4~~ 10.6%	70.0%	~~10.6~~ 19.4%	64377
2014	14.1%	70.0%	15.9%	64378
2015	17.6%	70.0%	12.4%	64379
2016	21.1%	70.0%	8.9%	64380
2017	24.6%	70.0%	5.4%	64381
2018	28.1%	70.0%	1.9%	64382
2019 and thereafter	~~100%~~ 30%	0% 70%	0%	64383

(C) Not later than September 15, 2005, the tax commissioner	64384
shall determine for each school district, joint vocational school	64385
district, and local taxing unit its machinery and equipment,	64386
inventory property, furniture and fixtures property, and telephone	64387
property tax value losses, which are the applicable amounts	64388
described in divisions (C)(1), (2), (3), and (4) of this section,	64389
except as provided in division (C)(5) of this section:	64390

(1) Machinery and equipment property tax value loss is the	64391
taxable value of machinery and equipment property as reported by	64392
taxpayers for tax year 2004 multiplied by:	64393

(a) For tax year 2006, thirty-three and eight-tenths per	64394
cent;	64395

(b) For tax year 2007, sixty-one and three-tenths per cent;

64396

64397

(d) For tax year 2009 and thereafter, one hundred per cent.

64398

(2) Inventory property tax value loss is the taxable value of	64399
inventory property as reported by taxpayers for tax year 2004	64400
multiplied by:	64401

(a) For tax year 2006, a fraction, the numerator of which is	64402
five and three-fourths and the denominator of which is	64403
twenty-three;	64404

(b) For tax year 2007, a fraction, the numerator of which is	64405
nine and one-half and the denominator of which is twenty-three;	64406

(c) For tax year 2008, a fraction, the numerator of which is	64407
thirteen and one-fourth and the denominator of which is	64408
twenty-three;	64409

(d) For tax year 2009 and thereafter a fraction, the	64410
numerator of which is seventeen and the denominator of which is	64411
twenty-three.	64412

(3) Furniture and fixtures property tax value loss is the	64413
taxable value of furniture and fixture property as reported by	64414
taxpayers for tax year 2004 multiplied by:	64415

(a) For tax year 2006, twenty-five per cent;

64416

(b) For tax year 2007, fifty per cent;

64417

64418

(d) For tax year 2009 and thereafter, one hundred per cent.

64419

The taxable value of property reported by taxpayers used in	64420
divisions (C)(1), (2), and (3) of this section shall be such	64421
values as determined to be final by the tax commissioner as of	64422
August 31, 2005. Such determinations shall be final except for any	64423
correction of a clerical error that was made prior to August 31,	64424
2005, by the tax commissioner.	64425

(4) Telephone property tax value loss is the taxable value of	64426
telephone property as taxpayers would have reported that property	64427
for tax year 2004 if the assessment rate for all telephone	64428
property for that year were twenty-five per cent, multiplied by:	64429

(a) For tax year 2006, zero per cent;

64430

(b) For tax year 2007, zero per cent;

64431

64432

(d) For tax year 2009, sixty per cent;

64433

(e) For tax year 2010, eighty per cent;

64434

(f) For tax year 2011 and thereafter, one hundred per cent.

64435

(5) Division (C)(5) of this section applies to any school	64436
district, joint vocational school district, or local taxing unit	64437
in a county in which is located a facility currently or formerly	64438
devoted to the enrichment or commercialization of uranium or	64439
uranium products, and for which the total taxable value of	64440
property listed on the general tax list of personal property for	64441
any tax year from tax year 2001 to tax year 2004 was fifty per	64442
cent or less of the taxable value of such property listed on the	64443
general tax list of personal property for the next preceding tax	64444
year.	64445

In computing the fixed-rate levy losses under divisions	64446
(D)(1), (2), and (3) of this section for any school district,	64447
joint vocational school district, or local taxing unit to which	64448
division (C)(5) of this section applies, the taxable value of such	64449
property as listed on the general tax list of personal property	64450
for tax year 2000 shall be substituted for the taxable value of	64451
such property as reported by taxpayers for tax year 2004, in the	64452
taxing district containing the uranium facility, if the taxable	64453
value listed for tax year 2000 is greater than the taxable value	64454
reported by taxpayers for tax year 2004. For the purpose of making	64455
the computations under divisions (D)(1), (2), and (3) of this	64456
section, the tax year 2000 valuation is to be allocated to	64457
machinery and equipment, inventory, and furniture and fixtures	64458
property in the same proportions as the tax year 2004 values. For	64459
the purpose of the calculations in division (A) of section 5751.21	64460
of the Revised Code, the tax year 2004 taxable values shall be	64461
used.	64462

To facilitate the calculations required under division (C) of	64463
this section, the county auditor, upon request from the tax	64464
commissioner, shall provide by August 1, 2005, the values of	64465
machinery and equipment, inventory, and furniture and fixtures for	64466
all single-county personal property taxpayers for tax year 2004.	64467

(D) Not later than September 15, 2005, the tax commissioner	64468
shall determine for each tax year from 2006 through 2009 for each	64469
school district, joint vocational school district, and local	64470
taxing unit its machinery and equipment, inventory, and furniture	64471
and fixtures fixed-rate levy losses, and for each tax year from	64472
2006 through 2011 its telephone property fixed-rate levy loss,	64473
which are the applicable amounts described in divisions (D)(1),	64474
(2), (3), and (4) of this section:	64475

(1) The machinery and equipment fixed-rate levy loss is the	64476
machinery and equipment property tax value loss multiplied by the	64477
sum of the tax rates of fixed-rate qualifying levies.	64478

(2) The inventory fixed-rate loss is the inventory property	64479
tax value loss multiplied by the sum of the tax rates of	64480
fixed-rate qualifying levies.	64481

(3) The furniture and fixtures fixed-rate levy loss is the	64482
furniture and fixture property tax value loss multiplied by the	64483
sum of the tax rates of fixed-rate qualifying levies.	64484

(4) The telephone property fixed-rate levy loss is the	64485
telephone property tax value loss multiplied by the sum of the tax	64486
rates of fixed-rate qualifying levies.	64487

(E) Not later than September 15, 2005, the tax commissioner	64488
shall determine for each school district, joint vocational school	64489
district, and local taxing unit its fixed-sum levy loss. The	64490
fixed-sum levy loss is the amount obtained by subtracting the	64491
amount described in division (E)(2) of this section from the	64492
amount described in division (E)(1) of this section:	64493

(1) The sum of the machinery and equipment property tax value	64494
loss, the inventory property tax value loss, and the furniture and	64495
fixtures property tax value loss, and, for 2008 through 2017 the	64496
telephone property tax value loss of the district or unit	64497
multiplied by the sum of the fixed-sum tax rates of qualifying	64498
levies. For 2006 through 2010, this computation shall include all	64499
qualifying levies remaining in effect for the current tax year and	64500
any school district emergency levies that are qualifying levies	64501
not remaining in effect for the current year. For 2011 through	64502
2017 in the case of school district emergency levies and for all	64503
years after 2010 in the case of other fixed-sum levies, this	64504
computation shall include only qualifying levies remaining in	64505
effect for the current year. For purposes of this computation, a	64506
qualifying school district emergency levy remains in effect in a	64507
year after 2010 only if, for that year, the board of education	64508
levies a school district emergency levy for an annual sum at least	64509
equal to the annual sum levied by the board in tax year 2004 less	64510
the amount of the payment certified under this division for 2006.	64511

(2) The total taxable value in tax year 2004 less the sum of	64512
the machinery and equipment, inventory, furniture and fixtures,	64513
and telephone property tax value losses in each school district,	64514
joint vocational school district, and local taxing unit multiplied	64515
by one-half of one mill per dollar.	64516

(3) For the calculations in divisions (E)(1) and (2) of this	64517
section, the tax value losses are those that would be calculated	64518
for tax year 2009 under divisions (C)(1), (2), and (3) of this	64519
section and for tax year 2011 under division (C)(4) of this	64520
section.	64521

(4) To facilitate the calculation under divisions (D) and (E)	64522
of this section, not later than September 1, 2005, any school	64523
district, joint vocational school district, or local taxing unit	64524
that has a qualifying levy that was approved at an election	64525
conducted during 2005 before September 1, 2005, shall certify to	64526
the tax commissioner a copy of the county auditor's certificate of	64527
estimated property tax millage for such levy as required under	64528
division (B) of section 5705.03 of the Revised Code, which is the	64529
rate that shall be used in the calculations under such divisions.	64530

If the amount determined under division (E) of this section	64531
for any school district, joint vocational school district, or	64532
local taxing unit is greater than zero, that amount shall equal	64533
the reimbursement to be paid pursuant to division (D) of section	64534
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	64535
and the one-half of one mill that is subtracted under division	64536
(E)(2) of this section shall be apportioned among all contributing	64537
fixed-sum levies in the proportion that each levy bears to the sum	64538
of all fixed-sum levies within each school district, joint	64539
vocational school district, or local taxing unit.	64540

(F) Not later than October 1, 2005, the tax commissioner	64541
shall certify to the department of education for every school	64542
district and joint vocational school district the machinery and	64543
equipment, inventory, furniture and fixtures, and telephone	64544
property tax value losses determined under division (C) of this	64545
section, the machinery and equipment, inventory, furniture and	64546
fixtures, and telephone fixed-rate levy losses determined under	64547
division (D) of this section, and the fixed-sum levy losses	64548
calculated under division (E) of this section. The calculations	64549
under divisions (D) and (E) of this section shall separately	64550
display the levy loss for each levy eligible for reimbursement.	64551

(G) Not later than October 1, 2005, the tax commissioner	64552
shall certify the amount of the fixed-sum levy losses to the	64553
county auditor of each county in which a school district, joint	64554
vocational school district, or local taxing unit with a fixed-sum	64555
levy loss reimbursement has territory.	64556

Sec. 5751.21. (A) Not later than the ~~thirty-first~~fifteenth	64557
day of July of 2007 through 2017, the department of education	64558
shall consult with the director of budget and management and	64559
determine the following for each school district and each joint	64560
vocational school district eligible for payment under division (B)	64561
of this section:	64562

(1) The state education aid offset, which is the difference	64563
obtained by subtracting the amount described in division (A)(1)(b)	64564
of this section from the amount described in division (A)(1)(a) of	64565
this section:	64566

(a) The state education aid computed for the school district	64567
or joint vocational school district for the current fiscal year as	64568
of the ~~thirty-first~~fifteenth day of July;	64569

(b) The state education aid that would be computed for the	64570
school district or joint vocational school district for the	64571
current fiscal year as of the ~~thirty-first~~fifteenth day of July	64572
if the recognized valuation included the machinery and equipment,	64573
inventory, furniture and fixtures, and telephone property tax	64574
value losses for the school district or joint vocational school	64575
district for the second preceding tax year.	64576

(2) The greater of zero or the difference obtained by	64577
subtracting the state education aid offset determined under	64578
division (A)(1) of this section from the sum of the machinery and	64579
equipment fixed-rate levy loss, the inventory fixed-rate levy	64580
loss, furniture and fixtures fixed-rate levy loss, and telephone	64581
property fixed-rate levy loss certified under division (F) of	64582
section 5751.20 of the Revised Code for all taxing districts in	64583
each school district and joint vocational school district for the	64584
second preceding tax year.	64585

By the ~~fifth~~twentieth day of ~~August~~July of each such year,	64586
the department of education and the director of budget and	64587
management shall ~~certify~~agree upon the amount soto be determined	64588
under division (A)(1) of this section ~~to the director of budget~~	64589
~~and management~~.	64590

(B) The department of education shall pay from the school	64591
district tangible property tax replacement fund to each school	64592
district and joint vocational school district all of the following	64593
for fixed-rate levy losses certified under division (F) of section	64594
5751.20 of the Revised Code:	64595

(1) On or before May 31, 2006, one-seventh of the total	64596
fixed-rate levy loss for tax year 2006;	64597

(2) On or before August 31, 2006, and October 31, 2006,	64598
one-half of six-sevenths of the total fixed-rate levy loss for tax	64599
year 2006;	64600

(3) On or before May 31, 2007, one-seventh of the total	64601
fixed-rate levy loss for tax year 2007;	64602

(4) On or before August 31, 2007, and October 31, 2007,	64603
forty-three per cent of the amount determined under division	64604
(A)(2) of this section for fiscal year 2008, but not less than	64605
zero, plus one-half of six-sevenths of the difference between the	64606
total fixed-rate levy loss for tax year 2007 and the total	64607
fixed-rate levy loss for tax year 2006.	64608

(5) On or before May 31, 2008, fourteen per cent of the	64609
amount determined under division (A)(2) of this section for fiscal	64610
year 2008, but not less than zero, plus one-seventh of the	64611
difference between the total fixed-rate levy loss for tax year	64612
2008 and the total fixed-rate levy loss for tax year 2006.	64613

(6) On or before August 31, 2008, and October 31, 2008,	64614
forty-three per cent of the amount determined under division	64615
(A)(2) of this section for fiscal year 2009, but not less than	64616
zero, plus one-half of six-sevenths of the difference between the	64617
total fixed-rate levy loss in tax year 2008 and the total	64618
fixed-rate levy loss in tax year 2007.	64619

(7) On or before May 31, 2009, fourteen per cent of the	64620
amount determined under division (A)(2) of this section for fiscal	64621
year 2009, but not less than zero, plus one-seventh of the	64622
difference between the total fixed-rate levy loss for tax year	64623
2009 and the total fixed-rate levy loss for tax year 2007.	64624

(8) On or before August 31, 2009, and October 31, 2009,	64625
forty-three per cent of the amount determined under division	64626
(A)(2) of this section for fiscal year 2010, but not less than	64627
zero, plus one-half of six-sevenths of the difference between the	64628
total fixed-rate levy loss in tax year 2009 and the total	64629
fixed-rate levy loss in tax year 2008.	64630

(9) On or before May 31, 2010, fourteen per cent of the	64631
amount determined under division (A)(2) of this section for fiscal	64632
year 2010, but not less than zero, plus one-seventh of the	64633
difference between the total fixed-rate levy loss in tax year 2010	64634
and the total fixed-rate levy loss in tax year 2008.	64635

(10) On or before August 31, 2010, and October 31, 2010,	64636
~~one-third~~forty-three per cent of the amount determined under	64637
division (A)(2) of this section for fiscal year 2011, but not less	64638
than zero, plus one-half of six-sevenths of the difference between	64639
the telephone property fixed-rate levy loss for tax year 2010 and	64640
the telephone property fixed-rate levy loss for tax year 2009.	64641

(11) On or before May 31, 2011, fourteen per cent of the	64642
amount determined under division (A)(2) of this section for fiscal	64643
year 2011, but not less than zero, plus one-seventh of the	64644
difference between the telephone property fixed-rate levy loss for	64645
tax year 2011 and the telephone property fixed-rate levy loss for	64646
tax year 2009.	64647

(12) On or before August 31, 2011, and October 31, 2011, ~~and~~	64648
~~May 31, 2012,~~ the amount determined under division (A)(2) of this	64649
section multiplied by a fraction, the numerator of which is	64650
fourteen and the denominator of which is seventeen, but not less	64651
than zero, multiplied by ~~one-third~~forty-three per cent, plus	64652
one-half of six-sevenths of the difference between the telephone	64653
property fixed-rate levy loss for tax year 2011 and the telephone	64654
property fixed-rate levy loss for tax year 2010.	64655

(13) On or before May 31, 2012, fourteen per cent of the	64656
amount determined under division (A)(2) of this section for fiscal	64657
year 2012, multiplied by a fraction, the numerator of which is	64658
fourteen and the denominator of which is seventeen, plus	64659
one-seventh of the difference between the telephone property	64660
fixed-rate levy loss for tax year 2011 and the telephone property	64661
fixed-rate levy loss for tax year 2010.	64662

(14) On or before August 31, 2012, October 31, 2012, and May	64663
31, 2013, the amount determined under division (A)(2) of this	64664
section multiplied by a fraction, the numerator of which is eleven	64665
and the denominator of which is seventeen, but not less than zero,	64666
multiplied by one-third.	64667

(15) On or before August 31, 2013, October 31, 2013, and May	64668
31, 2014, the amount determined under division (A)(2) of this	64669
section multiplied by a fraction, the numerator of which is nine	64670
and the denominator of which is seventeen, but not less than zero,	64671
multiplied by one-third.	64672

(16) On or before August 31, 2014, October 31, 2014, and May	64673
31, 2015, the amount determined under division (A)(2) of this	64674
section multiplied by a fraction, the numerator of which is seven	64675
and the denominator of which is seventeen, but not less than zero,	64676
multiplied by one-third.	64677

(17) On or before August 31, 2015, October 31, 2015, and May	64678
31, 2016, the amount determined under division (A)(2) of this	64679
section multiplied by a fraction, the numerator of which is five	64680
and the denominator of which is seventeen, but not less than zero,	64681
multiplied by one-third.	64682

(18) On or before August 31, 2016, October 31, 2016, and May	64683
31, 2017, the amount determined under division (A)(2) of this	64684
section multiplied by a fraction, the numerator of which is three	64685
and the denominator of which is seventeen, but not less than zero,	64686
multiplied by one-third.	64687

(19) On or before August 31, 2017, October 31, 2017, and May	64688
31, 2018, the amount determined under division (A)(2) of this	64689
section multiplied by a fraction, the numerator of which is one	64690
and the denominator of which is seventeen, but not less than zero,	64691
multiplied by one-third.	64692

~~(20) After May 31, 2018, no payments shall be made under this~~	64693
~~section.~~	64694

The department of education shall report to each school	64695
district and joint vocational school district the apportionment of	64696
the payments among the school district's or joint vocational	64697
school district's funds based on the certifications under division	64698
(F) of section 5751.20 of the Revised Code.	64699

Any qualifying levy that is a fixed-rate levy that is not	64700
applicable to a tax year after 2010 does not qualify for any	64701
reimbursement after the tax year to which it is last applicable.	64702

(C) For taxes levied within the ten-mill limitation for debt	64703
purposes in tax year 2005, payments shall be made equal to one	64704
hundred per cent of the loss computed as if the tax were a	64705
fixed-rate levy, but those payments shall extend from fiscal year	64706
2006 through fiscal year 2018, as long as the qualifying levy	64707
continues to be used for debt purposes. If the purpose of such a	64708
qualifying levy is changed, that levy becomes subject to the	64709
payments determined in division (B) of this section.	64710

(D)(1) Not later than January 1, 2006, for each fixed-sum	64711
levy of each school district or joint vocational school district	64712
and for each year for which a determination is made under division	64713
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	64714
loss is to be reimbursed, the tax commissioner shall certify to	64715
the department of education the fixed-sum levy loss determined	64716
under that division. The certification shall cover a time period	64717
sufficient to include all fixed-sum levies for which the	64718
commissioner made such a determination. The department shall pay	64719
from the school district property tax replacement fund to the	64720
school district or joint vocational school district one-third of	64721
the fixed-sum levy loss so certified for each year on or before	64722
the last day of May, August, and October of the current year.	64723

(2) Beginning in 2006, by the first day of January of each	64724
year, the tax commissioner shall review the certification	64725
originally made under division (D)(1) of this section. If the	64726
commissioner determines that a debt levy that had been scheduled	64727
to be reimbursed in the current year has expired, a revised	64728
certification for that and all subsequent years shall be made to	64729
the department of education.	64730

(E) Beginning in September 2007 and through June 2018, the	64731
director of budget and management shall transfer from the school	64732
district tangible property tax replacement fund to the general	64733
revenue fund each of the following:	64734

(1) On the first day of September, ~~the lesser of~~ one-fourth	64735
of the amount ~~certified~~determined for that fiscal year under	64736
division (A)(1) of this section ~~or the balance in the school~~	64737
~~district tangible property tax replacement fund~~;	64738

(2) On the first day of December, ~~the lesser of~~ one-fourth of	64739
the amount ~~certified~~determined for that fiscal year under	64740
division (A)(1) of this section ~~or the balance in the school~~	64741
~~district tangible property tax replacement fund~~;	64742

(3) On the first day of March, ~~the lesser of~~ one-fourth of	64743
the amount ~~certified~~determined for that fiscal year under	64744
division (A)(1) of this section ~~or the balance in the school~~	64745
~~district tangible property tax replacement fund~~;	64746

(4) On the first day of June, ~~the lesser of~~ one-fourth of the	64747
amount ~~certified~~determined for that fiscal year under division	64748
(A)(1) of this section ~~or the balance in the school district~~	64749
~~tangible property tax replacement fund~~.	64750

If, when a transfer is required under division (E)(1), (2),	64751
(3), or (4) of this section, there is not sufficient money in the	64752
school district tangible property tax replacement fund to make the	64753
transfer in the required amount, the director shall transfer the	64754
balance in the fund to the general revenue fund and may make	64755
additional transfers on later dates as determined by the director	64756
in a total amount that does not exceed one-fourth of the amount	64757
determined for the fiscal year.	64758

(F) For each of the fiscal years 2006 through 2018, if the	64759
total amount in the school district tangible property tax	64760
replacement fund is insufficient to make all payments under	64761
divisions (B), (C), and (D) of this section at the times the	64762
payments are to be made, the director of budget and management	64763
shall transfer from the general revenue fund to the school	64764
district tangible property tax replacement fund the difference	64765
between the total amount to be paid and the amount in the school	64766
district tangible property tax replacement fund. For each fiscal	64767
year after 2018, at the time payments under division (D) of this	64768
section are to be made, the director of budget and management	64769
shall transfer from the general revenue fund to the school	64770
district property tax replacement fund the amount necessary to	64771
make such payments.	64772

(G)(1) On the fifteenth day of June of 2006 through 2011, the	64773
director of budget and management may transfer any balance in the	64774
school district tangible property tax replacement fund to the	64775
general revenue fund. At the end of fiscal years 2012 through	64776
2018, any balance in the school district tangible property tax	64777
replacement fund shall remain in the fund to be used in future	64778
fiscal years for school purposes.	64779

(2) In each fiscal year beginning with fiscal year 2019, all	64780
amounts credited to the school district tangible personal property	64781
tax replacement fund shall be appropriated for school purposes.	64782

(H) If all of the territory of a school district or joint	64783
vocational school district is merged with another district, or if	64784
a part of the territory of a school district or joint vocational	64785
school district is transferred to an existing or newly created	64786
district, the department of education, in consultation with the	64787
tax commissioner, shall adjust the payments made under this	64788
section as follows:	64789

(1) For a merger of two or more districts, the machinery and	64790
equipment, inventory, furniture and fixtures, and telephone	64791
property fixed-rate levy losses and the fixed-sum levy losses of	64792
the successor district shall be equal to the sum of the machinery	64793
and equipment, inventory, furniture and fixtures, and telephone	64794
property fixed-rate levy losses and debt levy losses as determined	64795
in section 5751.20 of the Revised Code, for each of the districts	64796
involved in the merger.	64797

(2) If property is transferred from one district to a	64798
previously existing district, the amount of machinery and	64799
equipment, inventory, furniture and fixtures, and telephone	64800
property tax value losses and fixed-rate levy losses that shall be	64801
transferred to the recipient district shall be an amount equal to	64802
the total machinery and equipment, inventory, furniture and	64803
fixtures, and telephone property fixed-rate levy losses times a	64804
fraction, the numerator of which is the value of business tangible	64805
personal property on the land being transferred in the most recent	64806
year for which data are available, and the denominator of which is	64807
the total value of business tangible personal property in the	64808
district from which the land is being transferred in the most	64809
recent year for which data are available. For each of the first	64810
five years after the property is transferred, but not after fiscal	64811
year 2012, if the tax rate in the recipient district is less than	64812
the tax rate of the district from which the land was transferred,	64813
one-half of the payments arising from the amount of fixed-rate	64814
levy losses so transferred to the recipient district shall be paid	64815
to the recipient district and one-half of the payments arising	64816
from the fixed-rate levy losses so transferred shall be paid to	64817
the district from which the land was transferred. Fixed-rate levy	64818
losses so transferred shall be computed on the basis of the sum of	64819
the rates of fixed-rate qualifying levies of the district from	64820
which the land was transferred, notwithstanding division (D) of	64821
this section.	64822

(3) After December 31, 2004, if property is transferred from	64823
one or more districts to a district that is newly created out of	64824
the transferred property, the newly created district shall be	64825
deemed not to have any machinery and equipment, inventory,	64826
furniture and fixtures, or telephone property fixed-rate levy	64827
losses and the districts from which the property was transferred	64828
shall have no reduction in their machinery and equipment,	64829
inventory, furniture and fixtures, and telephone property	64830
fixed-rate levy losses.	64831

(4) If the recipient district under division (H)(2) of this	64832
section or the newly created district under divisions (H)(3) of	64833
this section is assuming debt from one or more of the districts	64834
from which the property was transferred and any of the districts	64835
losing the property had fixed-sum levy losses, the department of	64836
education, in consultation with the tax commissioner, shall make	64837
an equitable division of the fixed-sum levy loss reimbursements.	64838

Sec. 5751.23. (A) As used in this section:

64839

(1) "Administrative fees" means the dollar percentages	64840
allowed by the county auditor for services or by the county	64841
treasurer as fees, or paid to the credit of the real estate	64842
assessment fund, under divisions (A) and ~~(B)~~(C) of section 319.54	64843
and division (A) of section 321.26 of the Revised Code.	64844

(2) "Administrative fee loss" means a county's loss of	64845
administrative fees due to its tax value loss, determined as	64846
follows:	64847

(a) For purposes of the determination made under division (B)	64848
of this section in the years 2006 through 2010, the administrative	64849
fee loss shall be computed by multiplying the amounts determined	64850
for all taxing districts in the county under divisions (D) and (E)	64851
of section 5751.20 of the Revised Code by nine thousand six	64852
hundred fifty-nine ten-thousandths of one per cent if total taxes	64853
collected in the county in 2004 exceeded one hundred fifty million	64854
dollars, or one and one thousand one hundred fifty-nine	64855
ten-thousandths of one per cent if total taxes collected in the	64856
county in 2004 were one hundred fifty million dollars or less;	64857

(b) For purposes of the determination under division (B) of	64858
this section in the years after 2010, the administrative fee	64859
losses shall be determined by multiplying the administrative fee	64860
losses calculated for 2010 by the fractions in divisions (A)(1)(b)	64861
to (i) of section 5751.22 of the Revised Code.	64862

(3) "Total taxes collected" means all money collected on any	64863
tax duplicate of the county, other than the estate tax duplicates.	64864
"Total taxes collected" does not include amounts received pursuant	64865
to divisions (F) and (G) of section 321.24 or section 323.156 of	64866
the Revised Code.	64867

(B) Not later than December 31, 2005, the tax commissioner	64868
shall certify to each county auditor the tax levy losses	64869
calculated under divisions (D) and (E) of section 5751.20 of the	64870
Revised Code for each school district, joint vocational school	64871
district, and local taxing unit in the county. Not later than the	64872
thirty-first day of January of 2006 through 2017, the county	64873
auditor shall determine the administrative fee loss for the county	64874
and apportion that loss ratably among the school districts, joint	64875
vocational school districts, and local taxing units on the basis	64876
of the tax levy losses certified under this division.	64877

(C) On or before each of the days prescribed for the	64878
settlements under divisions (A) and (C) of section 321.24 of the	64879
Revised Code in the years 2006 through 2017, the county treasurer	64880
shall deduct one-half of the amount apportioned to each school	64881
district, joint vocational school district, and local taxing unit	64882
from the portions of revenue payable to them.	64883

(D) On or before each of the days prescribed for settlements	64884
under divisions (A) and (C) of section 321.24 of the Revised Code	64885
in the years 2006 through 2017, the county auditor shall cause to	64886
be deposited an amount equal to one-half of the amount of the	64887
administrative fee loss in the same funds as if allowed as	64888
administrative fees.	64889

Sec. 5907.15. There is hereby created in the state treasury	64890
the Ohio veterans' homes rental,and service~~, and medicare~~	64891
~~reimbursement~~ fund. Revenue generated from temporary use	64892
agreements of a veterans' home, from the sale of meals at a home's	64893
dining halls, and from rental, lease, or sharing agreements for	64894
the use of facilities, supplies, equipment, utilities, or services	64895
provided by a home~~, and from medicare reimbursements~~ shall be	64896
credited to the fund. The fund shall be used ~~only~~ for maintenance	64897
costs of the homes and for the purchase of medications, medication	64898
services, medical supplies, and medical equipment by the homes.	64899

Sec. 5907.16. There is hereby created in the state treasury	64900
the medicare services fund. Revenue from federal reimbursement of	64901
medicare services that were provided at state veterans' homes	64902
shall be credited to the fund. The fund shall be used for paying	64903
the operating costs of the state veterans' homes.	64904

Sec. 6109.21. (A) Except as provided in divisions (D) and	64905
(E) of this section, on and after January 1, 1994, no person shall	64906
operate or maintain a public water system in this state without a	64907
license issued by the director of environmental protection. A	64908
person who operates or maintains a public water system on January	64909
1, 1994, shall obtain an initial license under this section in	64910
accordance with the following schedule:	64911

(1) If the public water system is a community water system,	64912
not later than January 31, 1994;	64913

(2) If the public water system is not a community water	64914
system and serves a nontransient population, not later than	64915
January 31, 1994;	64916

(3) If the public water system is not a community water	64917
system and serves a transient population, not later than January	64918
31, 1995.	64919

A person proposing to operate or maintain a new public water	64920
system after January 1, 1994, in addition to complying with	64921
section 6109.07 of the Revised Code and rules adopted under it,	64922
shall submit an application for an initial license under this	64923
section to the director prior to commencing operation of the	64924
system.	64925

A license or license renewal issued under this section shall	64926
be renewed annually. Such a license or license renewal shall	64927
expire on the thirtieth day of January in the year following its	64928
issuance. A license holder that proposes to continue operating the	64929
public water system for which the license or license renewal was	64930
issued shall apply for a license renewal at least thirty days	64931
prior to that expiration date.	64932

The director shall adopt, and may amend and rescind, rules in	64933
accordance with Chapter 119. of the Revised Code establishing	64934
procedures governing and information to be included on	64935
applications for licenses and license renewals under this section.	64936
Through June 30, ~~2008~~2010, each application shall be accompanied	64937
by the appropriate fee established under division (M) of section	64938
3745.11 of the Revised Code, provided that an applicant for an	64939
initial license who is proposing to operate or maintain a new	64940
public water system after January 1, 1994, shall submit a fee that	64941
equals a prorated amount of the appropriate fee established under	64942
that division for the remainder of the licensing year.	64943

(B) Not later than thirty days after receiving a completed	64944
application and the appropriate license fee for an initial license	64945
under division (A) of this section, the director shall issue the	64946
license for the public water system. Not later than thirty days	64947
after receiving a completed application and the appropriate	64948
license fee for a license renewal under division (A) of this	64949
section, the director shall do one of the following:	64950

(1) Issue the license renewal for the public water system;

64951

(2) Issue the license renewal subject to terms and conditions	64952
that the director determines are necessary to ensure compliance	64953
with this chapter and rules adopted under it;	64954

(3) Deny the license renewal if the director finds that the	64955
public water system was not operated in substantial compliance	64956
with this chapter and rules adopted under it.	64957

(C) The director may suspend or revoke a license or license	64958
renewal issued under this section if the director finds that the	64959
public water system was not operated in substantial compliance	64960
with this chapter and rules adopted under it. The director shall	64961
adopt, and may amend and rescind, rules in accordance with Chapter	64962
119. of the Revised Code governing such suspensions and	64963
revocations.	64964

(D)(1) As used in division (D) of this section, "church"	64965
means a fellowship of believers, congregation, society,	64966
corporation, convention, or association that is formed primarily	64967
or exclusively for religious purposes and that is not formed or	64968
operated for the private profit of any person.	64969

(2) This section does not apply to a church that operates or	64970
maintains a public water system solely to provide water for that	64971
church or for a campground that is owned by the church and	64972
operated primarily or exclusively for members of the church and	64973
their families. A church that, on or before March 5, 1996, has	64974
obtained a license under this section for such a public water	64975
system need not obtain a license renewal under this section.	64976

(E) This section does not apply to any public or nonpublic	64977
school that meets minimum standards of the state board of	64978
education that operates or maintains a public water system solely	64979
to provide water for that school.	64980

Sec. 6111.0381. There is hereby created in the state treasury	64981
the water quality protection fund. The fund shall consist of	64982
federal grants, including grants made pursuant to the Federal	64983
Water Pollution Control Act, and contributions made to the	64984
environmental protection agency for water quality protection and	64985
restoration. The director of environmental protection shall use	64986
money in the fund for water quality protection and restoration.	64987

Sec. 6111.04. (A) Both of the following apply except as	64988
otherwise provided in division (A) or (F) of this section:	64989

(1) No person shall cause pollution or place or cause to be	64990
placed any sewage, sludge, sludge materials, industrial waste, or	64991
other wastes in a location where they cause pollution of any	64992
waters of the state.	64993

(2) Such an action prohibited under division (A)(1) of this	64994
section is hereby declared to be a public nuisance.	64995

Divisions (A)(1) and (2) of this section do not apply if the	64996
person causing pollution or placing or causing to be placed wastes	64997
in a location in which they cause pollution of any waters of the	64998
state holds a valid, unexpired permit, or renewal of a permit,	64999
governing the causing or placement as provided in sections 6111.01	65000
to 6111.08 of the Revised Code or if the person's application for	65001
renewal of such a permit is pending.	65002

(B) If the director of environmental protection administers a	65003
sludge management program pursuant to division (S) of section	65004
6111.03 of the Revised Code, both of the following apply except as	65005
otherwise provided in division (B) or (F) of this section:	65006

(1) No person, in the course of sludge management, shall	65007
place on land located in the state or release into the air of the	65008
state any sludge or sludge materials.	65009

(2) An action prohibited under division (B)(1) of this	65010
section is hereby declared to be a public nuisance.	65011

Divisions (B)(1) and (2) of this section do not apply if the	65012
person placing or releasing the sludge or sludge materials holds a	65013
valid, unexpired permit, or renewal of a permit, governing the	65014
placement or release as provided in sections 6111.01 to 6111.08 of	65015
the Revised Code or if the person's application for renewal of	65016
such a permit is pending.	65017

(C) No person to whom a permit has been issued shall place or	65018
discharge, or cause to be placed or discharged, in any waters of	65019
the state any sewage, sludge, sludge materials, industrial waste,	65020
or other wastes in excess of the permissive discharges specified	65021
under an existing permit without first receiving a permit from the	65022
director to do so.	65023

(D) No person to whom a sludge management permit has been	65024
issued shall place on the land or release into the air of the	65025
state any sludge or sludge materials in excess of the permissive	65026
amounts specified under the existing sludge management permit	65027
without first receiving a modification of the existing sludge	65028
management permit or a new sludge management permit to do so from	65029
the director.	65030

(E) The director may require the submission of plans,	65031
specifications, and other information that the director considers	65032
relevant in connection with the issuance of permits.	65033

(F) This section does not apply to any of the following:

65034

(1) Waters used in washing sand, gravel, other aggregates, or	65035
mineral products when the washing and the ultimate disposal of the	65036
water used in the washing, including any sewage, industrial waste,	65037
or other wastes contained in the waters, are entirely confined to	65038
the land under the control of the person engaged in the recovery	65039
and processing of the sand, gravel, other aggregates, or mineral	65040
products and do not result in the pollution of waters of the	65041
state;	65042

(2) Water, gas, or other material injected into a well to	65043
facilitate, or that is incidental to, the production of oil, gas,	65044
artificial brine, or water derived in association with oil or gas	65045
production and disposed of in a well, in compliance with a permit	65046
issued under Chapter 1509. of the Revised Code, or sewage,	65047
industrial waste, or other wastes injected into a well in	65048
compliance with an injection well operating permit. Division	65049
(F)(2) of this section does not authorize, without a permit, any	65050
discharge that is prohibited by, or for which a permit is required	65051
by, regulation of the United States environmental protection	65052
agency.	65053

(3) Application of any materials to land for agricultural	65054
purposes or runoff of the materials from that application or	65055
pollution by animal waste or soil sediment, including attached	65056
substances, resulting from farming, silvicultural, or earthmoving	65057
activities regulated by Chapter 307. or 1511. of the Revised Code.	65058
Division (F)(3) of this section does not authorize, without a	65059
permit, any discharge that is prohibited by, or for which a permit	65060
is required by, the Federal Water Pollution Control Act or	65061
regulations adopted under it.	65062

(4) The excrement of domestic and farm animals defecated on	65063
land or runoff therefrom into any waters of the state. Division	65064
(F)(4) of this section does not authorize, without a permit, any	65065
discharge that is prohibited by, or for which a permit is required	65066
by, the Federal Water Pollution Control Act or regulations adopted	65067
under it.	65068

(5) On and after the date on which the United States	65069
environmental protection agency approves the NPDES program	65070
submitted by the director of agriculture under section 903.08 of	65071
the Revised Code, any discharge that is within the scope of the	65072
approved NPDES program submitted by the director of agriculture;	65073

(6) The discharge of sewage, industrial waste, or other	65074
wastes into a sewerage system tributary to a treatment works.	65075
Division (F)(6) of this section does not authorize any discharge	65076
into a publicly owned treatment works in violation of a	65077
pretreatment program applicable to the publicly owned treatment	65078
works.	65079

(7) ~~A household sewage treatment system or a small flow~~	65080
~~on-site sewage treatment system, as applicable, as defined in~~	65081
~~section 3718.01 of the Revised Code that is installed~~Septic tanks	65082
or other disposal systems for the disposal or treatment of sewage	65083
from single-family, two-family, or three-family dwellings in	65084
compliance with ~~Chapter 3718.~~the sanitary code and section	65085
3707.01 of the Revised Code ~~and rules adopted under it~~. Division	65086
(F)(7) of this section does not authorize, without a permit, any	65087
discharge that is prohibited by, or for which a permit is required	65088
by, regulation of the United States environmental protection	65089
agency.	65090

(8) Exceptional quality sludge generated outside of this	65091
state and contained in bags or other containers not greater than	65092
one hundred pounds in capacity. As used in division (F)(8) of this	65093
section, "exceptional quality sludge" has the same meaning as in	65094
division (Y) of section 3745.11 of the Revised Code.	65095

(G) The holder of a permit issued under section 402 (a) of	65096
the Federal Water Pollution Control Act need not obtain a permit	65097
for a discharge authorized by the permit until its expiration	65098
date. Except as otherwise provided in this division, the director	65099
of environmental protection shall administer and enforce those	65100
permits within this state and may modify their terms and	65101
conditions in accordance with division (J) of section 6111.03 of	65102
the Revised Code. On and after the date on which the United States	65103
environmental protection agency approves the NPDES program	65104
submitted by the director of agriculture under section 903.08 of	65105
the Revised Code, the director of agriculture shall administer and	65106
enforce those permits within this state that are issued for any	65107
discharge that is within the scope of the approved NPDES program	65108
submitted by the director of agriculture.	65109

Sec. 6111.44. (A) Except as otherwise provided in division	65110
(B) of this section, in section 6111.14 of the Revised Code, or in	65111
rules adopted under division (G) of section 6111.03 of the Revised	65112
Code, no municipal corporation, county, public institution,	65113
corporation, or officer or employee thereof or other person shall	65114
provide or install sewerage or treatment works for sewage, sludge,	65115
or sludge materials disposal or treatment or make a change in any	65116
sewerage or treatment works until the plans therefor have been	65117
submitted to and approved by the director of environmental	65118
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	65119
to sewerage and treatment works of a municipal corporation or part	65120
thereof, an unincorporated community, a county sewer district, or	65121
other land outside of a municipal corporation or any publicly or	65122
privately owned building or group of buildings or place, used for	65123
the assemblage, entertainment, recreation, education, correction,	65124
hospitalization, housing, or employment of persons.	65125

In granting an approval, the director may stipulate	65126
modifications, conditions, and rules that the public health and	65127
prevention of pollution may require. Any action taken by the	65128
director shall be a matter of public record and shall be entered	65129
in the director's journal. Each period of thirty days that a	65130
violation of this section continues, after a conviction for the	65131
violation, constitutes a separate offense.	65132

(B) Sections 6111.45 and 6111.46 of the Revised Code and	65133
division (A) of this section do not apply to any of the following:	65134

(1) Sewerage or treatment works for sewage installed or to be	65135
installed for the use of a private residence or dwelling;	65136

(2) Sewerage systems, treatment works, or disposal systems	65137
for storm water from an animal feeding facility or manure, as	65138
"animal feeding facility" and "manure" are defined in section	65139
903.01 of the Revised Code;	65140

(3) Animal waste treatment or disposal works and related	65141
management and conservation practices that are subject to rules	65142
adopted under division (E)(2) of section 1511.02 of the Revised	65143
Code;	65144

~~(4) Sewerage or treatment works for the on-lot disposal or~~	65145
~~treatment of sewage from a small flow on-site sewage treatment~~	65146
~~system, as defined in section 3718.01 of the Revised Code, if the~~	65147
~~board of health of a city or general health district has notified~~	65148
~~the director of health and the director of environmental~~	65149
~~protection under section 3718.021 of the Revised Code that the~~	65150
~~board has chosen to regulate the system, provided that the board~~	65151
~~remains in compliance with the rules adopted under division~~	65152
~~(A)(13) of section 3718.02 of the Revised Code~~.	65153

The exclusions established in divisions (B)(2) and (3) of	65154
this section do not apply to the construction or installation of	65155
disposal systems, as defined in section 6111.01 of the Revised	65156
Code, that are located at an animal feeding facility and that	65157
store, treat, or discharge wastewaters that do not include storm	65158
water or manure or that discharge to a publicly owned treatment	65159
works.	65160

Sec. 6119.06. Upon the declaration of the court of common	65161
pleas organizing the regional water and sewer district pursuant to	65162
section 6119.04 of the Revised Code and upon the qualifying of its	65163
board of trustees and the election of a president and a secretary,	65164
said district shall exercise in its own name all the rights,	65165
powers, and duties vested in it by Chapter 6119. of the Revised	65166
Code, and, subject to such reservations, limitations and	65167
qualifications as are set forth in this Chapter, such district	65168
may:	65169

(A) Adopt bylaws for the regulation of its affairs, the	65170
conduct of its business, and notice of its actions;	65171

(B) Adopt an official seal;

65172

(C) Maintain a principal office and suboffices at such places	65173
within the district as it designates;	65174

(D) Sue and plead in its own name; be sued and impleaded in	65175
its own name with respect to its contracts or torts of its	65176
members, employees, or agents acting within the scope of their	65177
employment, or to enforce its obligations and covenants made under	65178
sections 6119.09, 6119.12, and 6119.14 of the Revised Code. Any	65179
such actions against the district shall be brought in the court of	65180
common pleas of the county in which the principal office of the	65181
district is located, or in the court of common pleas of the county	65182
in which the cause of action arose, and all summonses, exceptions,	65183
and notices of every kind shall be served on the district by	65184
leaving a copy thereof at the principal office with the person in	65185
charge thereof or with the secretary of the district;.	65186

(E) Assume any liability or obligation of any person or	65187
political subdivision, including a right on the part of such	65188
district to indemnify and save harmless the other contracting	65189
party from any loss, cost, or liability by reason of the failure,	65190
refusal, neglect, or omission of such district to perform any	65191
agreement assumed by it or to act or discharge any such	65192
obligation;	65193

(F) Make loans and grants to political subdivisions for the	65194
acquisition or construction of water resource projects by such	65195
political subdivisions and adopt rules, regulations, and	65196
procedures for making such loans and grants;	65197

(G) Acquire, construct, reconstruct, enlarge, improve,	65198
furnish, equip, maintain, repair, operate, lease or rent to or	65199
from, or contract for operation by or for, a political subdivision	65200
or person, water resource projects within or without the district;	65201

(H) Make available the use or service of any water resource	65202
project to one or more persons, one or more political	65203
subdivisions, or any combination thereof;	65204

(I) Levy and collect taxes and special assessments;

65205

(J) Issue bonds and notes and refunding bonds and notes as	65206
provided in Chapter 6119. of the Revised Code;	65207

(K) Acquire by gift or purchase, hold, and dispose of real	65208
and personal property in the exercise of its powers and the	65209
performance of its duties under Chapter 6119. of the Revised Code;	65210

(L) Dispose of, by public or private sale, or lease any real	65211
or personal property determined by the board of trustees to be no	65212
longer necessary or needed for the operation or purposes of the	65213
district;	65214

(M) Acquire, in the name of the district, by purchase or	65215
otherwise, on such terms and in such manner as it considers	65216
proper, or by the exercise of the right of condemnation in the	65217
manner provided by section 6119.11 of the Revised Code, such	65218
public or private lands, including public parks, playgrounds, or	65219
reservations, or parts thereof or rights therein, rights-of-way,	65220
property, rights, easements, and interests as it considers	65221
necessary for carrying out Chapter 6119. of the Revised Code, but	65222
excluding the acquisition by the exercise of the right of	65223
condemnation of any waste water facility or water management	65224
facility owned by any person or political subdivision, and	65225
compensation shall be paid for public or private lands so taken;	65226

(N) Adopt rules and regulations to protect augmented flow by	65227
the district in waters of the state, to the extent augmented by a	65228
water resource project, from depletion so it will be available for	65229
beneficial use, to provide standards for the withdrawal from	65230
waters of the state of the augmented flow created by a water	65231
resource project which is not returned to the waters of the state	65232
so augmented, and to establish reasonable charges therefor, if	65233
considered necessary by the district;	65234

(O) Make and enter into all contracts and agreements and	65235
execute all instruments necessary or incidental to the performance	65236
of its duties and the execution of its powers under Chapter 6119.	65237
of the Revised Code;	65238

(P) Enter into contracts with any person or any political	65239
subdivision to render services to such contracting party for any	65240
service the district is authorized to provide;	65241

(Q) Enter into agreements for grants or the receipt and	65242
repayment of loans from a board of township trustees under section	65243
505.705 of the Revised Code;	65244

(R) Make provision for, contract for, or sell any of its	65245
by-products or waste;	65246

~~(R)~~(S) Exercise the power of eminent domain in the manner	65247
provided in Chapter 6119. of the Revised Code;	65248

~~(S)~~(T) Remove or change the location of any fence, building,	65249
railroad, canal, or other structure or improvement located in or	65250
out of the district, and in case it is not feasible or economical	65251
to move any such building, structure, or improvement situated in	65252
or upon lands required, and if the cost is determined by the board	65253
to be less than that of purchase or condemnation, to acquire land	65254
and construct, acquire, or install therein or thereon buildings,	65255
structures, or improvements similar in purpose, to be exchanged	65256
for such buildings, structures, or improvements under contracts	65257
entered into between the owner thereof and the district;	65258

~~(T)~~(U) Receive and accept, from any federal or state agency,	65259
grants for or in aid of the construction of any water resource	65260
project, and receive and accept aid or contributions from any	65261
source of money, property, labor, or other things of value, to be	65262
held, used, and applied only for the purposes for which such	65263
grants and contributions are made;	65264

~~(U)~~(V) Purchase fire and extended coverage and liability	65265
insurance for any water resource project and for the principal	65266
office and suboffices of the district, insurance protecting the	65267
district and its officers and employees against liability for	65268
damage to property or injury to or death of persons arising from	65269
its operations, and any other insurance the district may agree to	65270
provide under any resolution authorizing its water resource	65271
revenue bonds or in any trust agreement securing the same;	65272

~~(V)~~(W) Charge, alter, and collect rentals and other charges	65273
for the use of services of any water resource project as provided	65274
in section 6119.09 of the Revised Code. Such district may refuse	65275
the services of any of its projects if any of such rentals or	65276
other charges, including penalties for late payment, are not paid	65277
by the user thereof, and, if such rentals or other charges are not	65278
paid when due and upon certification of nonpayment to the county	65279
auditor, such rentals or other charges constitute a lien upon the	65280
property so served, shall be placed by ~~him~~the auditor upon the	65281
real property tax list and duplicate, and shall be collected in	65282
the same manner as other taxes;.	65283

~~(W)~~(X) Provide coverage for its employees under Chapters	65284
145., 4123., and 4141. of the Revised Code;	65285

~~(X)~~(Y) Merge or combine with any other regional water and	65286
sewer district into a single district, which shall be one of the	65287
constituent districts, on terms so that the surviving district	65288
shall be possessed of all rights, capacity, privileges, powers,	65289
franchises, and authority of the constituent districts and shall	65290
be subject to all the liabilities, obligations, and duties of each	65291
of the constituent districts and all rights of creditors of such	65292
constituent districts shall be preserved unimpaired, limited in	65293
lien to the property affected by such liens immediately prior to	65294
the time of the merger and all debts, liabilities, and duties of	65295
the respective constituent districts shall thereafter attach to	65296
the surviving district and may be enforced against it, and such	65297
other terms as are agreed upon, provided two-thirds of the members	65298
of each of the boards consent to such merger or combination. Such	65299
merger or combination shall become legally effective unless, prior	65300
to the ninetieth day following the later of the consents,	65301
qualified electors residing in either district equal in number to	65302
a majority of the qualified electors voting at the last general	65303
election in such district file with the secretary of the board of	65304
trustees of their regional water and sewer district a petition of	65305
remonstrance against such merger or combination. The secretary	65306
shall cause the board of elections of the proper county or	65307
counties to check the sufficiency of the signatures on such	65308
petition.	65309

~~(Y)~~(Z) Exercise the powers of the district without obtaining	65310
the consent of any other political subdivision, provided that all	65311
public or private property damaged or destroyed in carrying out	65312
the powers of the district shall be restored or repaired and	65313
placed in its original condition as nearly as practicable or	65314
adequate compensation made therefor by the district;	65315

~~(Z)~~(AA) Require the owner of any premises located within the	65316
district to connect ~~his~~the owner's premises to a water resource	65317
project determined to be accessible to such premises and found to	65318
require such connection so as to prevent or abate pollution or	65319
protect the health and property of persons in the district. Such	65320
connection shall be made in accordance with procedures established	65321
by the board of trustees of such district and pursuant to such	65322
orders as the board may find necessary to ensure and enforce	65323
compliance with such procedures;.	65324

~~(AA)~~(BB) Do all acts necessary or proper to carry out the	65325
powers granted in Chapter 6119. of the Revised Code.	65326

Sec. 6121.04. The Ohio water development authority may do	65327
any or all of the following:	65328

(A) Adopt bylaws for the regulation of its affairs and the	65329
conduct of its business;	65330

(B) Adopt an official seal;

65331

(C) Maintain a principal office and suboffices at places	65332
within the state that it designates;	65333

(D) Sue and plead in its own name and be sued and impleaded	65334
in its own name with respect to its contracts or torts of its	65335
members, employees, or agents acting within the scope of their	65336
employment, or to enforce its obligations and covenants made under	65337
sections 6121.06, 6121.08, and 6121.13 of the Revised Code. Any	65338
such actions against the authority shall be brought in the court	65339
of common pleas of the county in which the principal office of the	65340
authority is located or in the court of common pleas of the county	65341
in which the cause of action arose, provided that the county is	65342
located within this state, and all summonses, exceptions, and	65343
notices of every kind shall be served on the authority by leaving	65344
a copy thereof at the principal office with the person in charge	65345
thereof or with the secretary-treasurer of the authority.	65346

(E) Make loans and grants to governmental agencies for the	65347
acquisition or construction of water development projects by any	65348
such governmental agency and adopt rules and procedures for making	65349
such loans and grants;	65350

(F) Acquire, construct, reconstruct, enlarge, improve,	65351
furnish, equip, maintain, repair, operate, or lease or rent to, or	65352
contract for operation by, a governmental agency or person, water	65353
development projects, and establish rules for the use of those	65354
projects;	65355

(G) Make available the use or services of any water	65356
development project to one or more persons, one or more	65357
governmental agencies, or any combination thereof;	65358

(H) Issue water development revenue bonds and notes and water	65359
development revenue refunding bonds of the state, payable solely	65360
from revenues as provided in section 6121.06 of the Revised Code,	65361
unless the bonds are refunded by refunding bonds, for the purpose	65362
of paying any part of the cost of one or more water development	65363
projects or parts thereof;	65364

(I) Acquire by gift or purchase, hold, and dispose of real	65365
and personal property in the exercise of its powers and the	65366
performance of its duties under this chapter;	65367

(J) Acquire, in the name of the state, by purchase or	65368
otherwise, on terms and in the manner that it considers proper, or	65369
by the exercise of the right of condemnation in the manner	65370
provided by section 6121.18 of the Revised Code, public or private	65371
lands, including public parks, playgrounds, or reservations, or	65372
parts thereof or rights therein, rights-of-way, property, rights,	65373
easements, and interests that it considers necessary for carrying	65374
out this chapter, but excluding the acquisition by the exercise of	65375
the right of condemnation of any waste water facility or water	65376
management facility owned by any person or governmental agency,	65377
and compensation shall be paid for public or private lands so	65378
taken, except that a government-owned waste water facility may be	65379
appropriated in accordance with section 6121.041 of the Revised	65380
Code;	65381

(K) Adopt rules to protect augmented flow in waters of the	65382
state, to the extent augmented by a water development project,	65383
from depletion so it will be available for beneficial use, and to	65384
provide standards for the withdrawal from waters of the state of	65385
the augmented flow created by a water development project that is	65386
not returned to the waters of the state so augmented and to	65387
establish reasonable charges therefor if considered necessary by	65388
the authority;	65389

(L) Make and enter into all contracts and agreements and	65390
execute all instruments necessary or incidental to the performance	65391
of its duties and the execution of its powers under this chapter	65392
in accordance with the following requirements:	65393

(1) When the cost under any such contract or agreement, other	65394
than compensation for personal services, involves an expenditure	65395
of more than twenty-five thousand dollars, the authority shall	65396
make a written contract with the lowest responsive and responsible	65397
bidder, in accordance with section 9.312 of the Revised Code,	65398
after advertisement for not less than two consecutive weeks in a	65399
newspaper of general circulation in Franklin county, and in other	65400
publications that the authority determines, which shall state the	65401
general character of the work and the general character of the	65402
materials to be furnished, the place where plans and	65403
specifications therefor may be examined, and the time and place of	65404
receiving bids, provided that a contract or lease for the	65405
operation of a water development project constructed and owned by	65406
the authority or an agreement for cooperation in the acquisition	65407
or construction of a water development project pursuant to section	65408
6121.13 of the Revised Code or any contract for the construction	65409
of a water development project that is to be leased by the	65410
authority to, and operated by, persons who are not governmental	65411
agencies and the cost of the project is to be amortized	65412
exclusively from rentals or other charges paid to the authority by	65413
persons who are not governmental agencies is not subject to the	65414
foregoing requirements and the authority may enter into such a	65415
contract or lease or such an agreement pursuant to negotiation and	65416
upon terms and conditions and for the period that it finds to be	65417
reasonable and proper in the circumstances and in the best	65418
interests of proper operation or of efficient acquisition or	65419
construction of the project.	65420

(2) Each bid for a contract for the construction, demolition,	65421
alteration, repair, or reconstruction of an improvement shall	65422
contain the full name of every person interested in it and shall	65423
meet the requirements of section 153.54 of the Revised Code.	65424

(3) Each bid for a contract except as provided in division	65425
(L)(2) of this section shall contain the full name of every person	65426
or company interested in it and shall be accompanied by a	65427
sufficient bond or certified check on a solvent bank that if the	65428
bid is accepted, a contract will be entered into and the	65429
performance thereof secured.	65430

(4) The authority may reject any and all bids.

65431

(5) A bond with good and sufficient surety, approved by the	65432
authority, shall be required of every contractor awarded a	65433
contract except as provided in division (L)(2) of this section, in	65434
an amount equal to at least fifty per cent of the contract price,	65435
conditioned upon the faithful performance of the contract.	65436

(M) Employ managers, superintendents, and other employees and	65437
retain or contract with consulting engineers, financial	65438
consultants, accounting experts, architects, attorneys, and other	65439
consultants and independent contractors that are necessary in its	65440
judgment to carry out this chapter, and fix the compensation	65441
thereof. All expenses thereof shall be payable solely from the	65442
proceeds of water development revenue bonds or notes issued under	65443
this chapter, from revenues, or from funds appropriated for that	65444
purpose by the general assembly.	65445

(N) Receive and accept from any federal agency, subject to	65446
the approval of the governor, grants for or in aid of the	65447
construction of any water development project or for research and	65448
development with respect to waste water or water management	65449
facilities, and receive and accept aid or contributions from any	65450
source of money, property, labor, or other things of value, to be	65451
held, used, and applied only for the purposes for which the grants	65452
and contributions are made;	65453

(O) Engage in research and development with respect to waste	65454
water or water management facilities;	65455

(P) Purchase fire and extended coverage and liability	65456
insurance for any water development project and for the principal	65457
office and suboffices of the authority, insurance protecting the	65458
authority and its officers and employees against liability for	65459
damage to property or injury to or death of persons arising from	65460
its operations, and any other insurance the authority may agree to	65461
provide under any resolution authorizing its water development	65462
revenue bonds or in any trust agreement securing the same;	65463

(Q) Charge, alter, and collect rentals and other charges for	65464
the use or services of any water development project as provided	65465
in section 6121.13 of the Revised Code;	65466

(R) Provide coverage for its employees under Chapters 145.,	65467
4123., and 4141. of the Revised Code;	65468

(S) Assist in the implementation and administration of the	65469
drinking water assistance fund and program created in section	65470
6109.22 of the Revised Code and the water pollution control loan	65471
fund and program created in section 6111.036 of the Revised Code,	65472
including, without limitation, performing or providing fiscal	65473
management for the funds and investing and disbursing moneys in	65474
the funds, and enter into all necessary and appropriate agreements	65475
with the director of environmental protection for those purposes;	65476

(T) Issue water development revenue bonds and notes of the	65477
state in principal amounts that are necessary for the purpose of	65478
raising moneys for the sole benefit of the water pollution control	65479
loan fund created in section 6111.036 of the Revised Code,	65480
including moneys to meet the requirement for providing matching	65481
moneys under division (D) of that section. The bonds and notes may	65482
be secured by appropriate trust agreements and repaid from moneys	65483
credited to the fund from payments of principal and interest on	65484
loans made from the fund, as provided in division (F) of section	65485
6111.036 of the Revised Code.	65486

(U) Issue water development revenue bonds and notes of the	65487
state in principal amounts that are necessary for the purpose of	65488
raising moneys for the sole benefit of the drinking water	65489
assistance fund created in section 6109.22 of the Revised Code,	65490
including moneys to meet the requirement for providing matching	65491
moneys under divisions (B) and (F) of that section. The bonds and	65492
notes may be secured by appropriate trust agreements and repaid	65493
from moneys credited to the fund from payments of principal and	65494
interest on loans made from the fund, as provided in division (F)	65495
of section 6109.22 of the Revised Code.	65496

(V) Make loans to and enter into agreements with boards of	65497
county commissioners for the purposes of section ~~1521.26~~1506.44	65498
of the Revised Code and adopt rules establishing requirements and	65499
procedures for making the loans and entering into the agreements;	65500

(W) Do all acts necessary or proper to carry out the powers	65501
expressly granted in this chapter.	65502

Any instrument by which real property is acquired pursuant to	65503
this section shall identify the agency of the state that has the	65504
use and benefit of the real property as specified in section	65505
5301.012 of the Revised Code.	65506

Sec. 6131.23. The assessments estimated in accordance with	65507
section 6131.14 of the Revised Code shall be payable in not less	65508
than two semiannual installments. At the time of the final	65509
hearing, in the order approving the levying of the assessments,	65510
the board of county commissioners shall determine how long a	65511
period of time, in semiannual installments, as taxes are paid,	65512
shall be given the owners of land benefited to pay the assessments	65513
that are made for an improvement and whether or not bonds or notes	65514
shall be issued and sold in anticipation of such payments. If	65515
bonds or notes are to be issued, the interest shall be added to	65516
the assessments. If the estimated cost of the improvement does not	65517
exceed five hundred dollars, not more than two semiannual	65518
installments, as taxes are paid, shall be given to owners of lands	65519
benefited to pay the assessments that are made for the	65520
improvement. If the estimated cost of the improvement exceeds five	65521
hundred dollars, the board may determine the number of	65522
installments in which the assessments are to be paid. If any such	65523
assessment is twenty-five dollars or less, or whenever the unpaid	65524
balance of any such assessment is twenty-five dollars or less, the	65525
same shall be paid in full, and not in installments, at the time	65526
the first or next installment would otherwise become due.	65527

When assessments are payable in installments and county	65528
general funds are used to pay for the improvement, the assessment	65529
shall not exceed ~~ten~~thirty semiannual installments, as computed	65530
by the county auditor pursuant to section 6131.49 of the Revised	65531
Code, and shall be payable upon completion of the contract.	65532

When assessments are made payable in installments and bonds	65533
or notes have been sold to pay for the improvement, interest shall	65534
be added to the installments of assessments at the same rate as is	65535
drawn by the bonds or notes issued to pay for the improvements.	65536
Any owner may pay the estimated assessments on the owner's land	65537
in cash within thirty days after the final hearing without paying	65538
any interest thereon. If the legislative authority of a political	65539
subdivision chooses to pay the assessments on all parcels within	65540
the subdivision, both public and private, in one installment, it	65541
shall pass a resolution so stating and shall send the resolution,	65542
or a copy thereof, to the board of county commissioners before	65543
making the payment. The legislative authority shall pay all	65544
subsequent maintenance assessments levied under section 6137.03 of	65545
the Revised Code if it chooses to pay the construction assessments	65546
on all parcels within the subdivision.	65547

Bonds may be sold for any repayment period that the board of	65548
county commissioners may determine proper, not to exceed ~~sixteen~~	65549
thirty semiannual installments, except that for bonds sold by a	65550
board of county commissioners for soil and water conservation	65551
district improvements pursuant to section 1515.24 of the Revised	65552
Code, the repayment period shall not exceed thirty semiannual	65553
installments.	65554

Section 101.02. That existing sections 9.821, 9.822, 9.823,	65555
9.83, 107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 117.11,	65556
119.07, 120.33, 121.48, 121.51, 122.17, 122.171, 122.602, 122.652,	65557
124.152, 125.04, 125.45, 125.93, 125.96, 125.97, 125.98, 126.07,	65558
126.08, 126.16, 126.21, 126.22, 127.16, 131.44, 133.01, 133.081,	65559
149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09, 166.08,	65560
167.04, 173.04, 173.35, 173.71, 173.85, 173.86, 174.03, 174.06,	65561
183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 305.31, 307.672,	65562
307.695, 307.98, 307.981, 308.04, 317.08, 319.202, 319.54,	65563
322.01, 323.131, 323.151, 323.152, 323.153, 323.154, 325.31,	65564
329.04, 329.05, 329.14, 340.03, 505.37, 505.376, 505.705, 517.08,	65565
709.01, 711.001, 711.05, 711.10, 711.131, 718.01, 718.03, 718.13,	65566
901.171, 1503.05, 1504.02, 1506.01, 1506.99, 1513.08, 1513.18,	65567
1514.081, 1514.40, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23,	65568
1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.30,	65569
1521.99, 1531.06, 1531.35, 1555.08, 1557.03, 1901.34, 2113.041,	65570
2117.061, 2117.25, 2151.362, 2305.2341, 2744.02, 2913.40, 2921.42,	65571
2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023,	65572
3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12, 3301.011,	65573
3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12, 3301.311,	65574
3301.53, 3302.03, 3302.10, 3307.01, 3307.31, 3309.01, 3309.51,	65575
3310.41, 3311.24, 3311.51, 3311.521, 3313.532, 3313.537,	65576
3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661,	65577
3313.841, 3313.843, 3313.97, 3313.974, 3313.977, 3313.978,	65578
3313.98, 3313.983, 3314.015, 3314.02, 3314.06, 3314.061,	65579
3314.074, 3314.08, 3314.083, 3314.091, 3314.26, 3317.01, 3317.012,	65580
3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.02,	65581
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026,	65582
3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03,	65583
3317.031, 3317.032, 3317.04, 3317.05, 3317.051, 3317.052, 3317.06,	65584
3317.063, 3317.07, 3317.08, 3317.15, 3317.16, 3317.19, 3317.20,	65585
3317.201, 3318.01, 3318.011, 3318.023, 3318.12, 3318.15, 3318.26,	65586
3318.36, 3319.29, 3319.291, 3319.301, 3319.31, 3319.55, 3321.03,	65587
3323.011, 3323.02, 3323.03, 3323.031, 3323.04, 3323.05, 3323.051,	65588
3323.07, 3323.09, 3323.091, 3323.12, 3323.13, 3323.14, 3323.141,	65589
3323.142, 3323.143, 3323.15, 3323.17, 3323.18, 3323.20, 3323.30,	65590
3325.011, 3325.02, 3327.01, 3327.05, 3327.16, 3333.04, 3333.122,	65591
3333.36, 3333.38, 3345.05, 3345.32, 3353.03, 3354.10, 3357.01,	65592
3357.10, 3358.06, 3365.01, 3365.02, 3365.03, 3365.04, 3365.041,	65593
3365.05, 3365.07, 3365.09, 3365.11, 3381.04, 3501.01, 3501.05,	65594
3501.11, 3501.17, 3501.31, 3505.062, 3505.063, 3505.23, 3509.08,	65595
3513.21, 3517.093, 3517.106, 3517.11, 3517.13, 3517.992, 3599.17,	65596
3599.19, 3599.37, 3701.74, 3701.741, 3702.52, 3702.5211,	65597
3702.5212, 3702.5213, 3702.57, 3702.63, 3702.68, 3704.03, 3705.24,	65598
3706.01, 3706.03, 3706.041, 3706.05, 3706.07, 3718.03, 3721.51,	65599
3721.541, 3721.56, 3727.391, 3734.57, 3735.672, 3743.17, 3743.19,	65600
3743.25, 3743.75, 3745.04, 3745.11, 3767.41, 3769.087, 3770.03,	65601
3770.06, 3905.36, 3923.281, 4112.12, 4112.13, 4117.06, 4141.09,	65602
4301.20, 4301.24, 4301.43, 4303.03, 4503.06, 4503.061, 4503.064,	65603
4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35,	65604
4505.06, 4508.10, 4513.241, 4513.263, 4513.35, 4715.251, 4717.07,	65605
4723.32, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4731.053,	65606
4731.142, 4731.22, 4735.10, 4735.141, 4736.01, 4743.05, 4755.03,	65607
4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162, 5101.21,	65608
5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244,	65609
5101.26, 5101.27, 5101.47, 5101.50, 5101.521, 5101.571, 5101.572,	65610
5101.58, 5101.59, 5101.802, 5101.98, 5104.04, 5104.30, 5107.02,	65611
5107.03, 5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.17,	65612
5107.18, 5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5107.70,	65613
5111.01, 5111.013, 5111.014, 5111.016, 5111.019, 5111.0111,	65614
5111.0112, 5111.023, 5111.03, 5111.06, 5111.084, 5111.10,	65615
5111.101, 5111.11, 5111.112, 5111.113, 5111.163, 5111.17,	65616
5111.172, 5111.20, 5111.851, 5111.871, 5111.872, 5111.8814,	65617
5111.89, 5111.891, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611,	65618
5123.01, 5123.012, 5123.043, 5123.045, 5123.046, 5123.047,	65619
5123.048, 5123.049, 5123.0411, 5123.051, 5123.19, 5123.196,	65620
5123.198, 5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.60,	65621
5123.602, 5123.99, 5126.038, 5126.04, 5126.041, 5126.042,	65622
5126.046, 5126.05, 5126.054, 5126.055, 5126.056, 5126.057,	65623
5126.06, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, 5126.40,	65624
5126.42, 5126.43, 5126.45, 5126.47, 5139.43, 5323.01, 5323.02,	65625
5323.99, 5528.54, 5531.10, 5537.04, 5537.16, 5537.99, 5703.80,	65626
5705.01, 5705.25, 5705.29, 5705.44, 5709.68, 5711.01, 5713.011,	65627
5725.24, 5727.06, 5727.45, 5727.81, 5727.84, 5727.85, 5727.86,	65628
5727.87, 5733.12, 5733.39, 5733.98, 5739.02, 5739.032, 5739.033,	65629
5739.035, 5739.09, 5739.12, 5739.122, 5739.123, 5739.21, 5741.02,	65630
5741.03, 5741.05, 5741.121, 5743.01, 5743.20, 5743.99, 5745.02,	65631
5745.05, 5745.13, 5747.01, 5747.03, 5747.47, 5747.50, 5747.501,	65632
5747.51, 5747.54, 5747.98, 5748.01, 5748.02, 5749.02, 5751.20,	65633
5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6119.06,	65634
6121.04, and 6131.23 of the Revised Code are hereby repealed.	65635

Section 105.01. That sections 103.141, 125.95, 183.02,	65636
183.27, 183.32, 3318.47, 3318.48, 3318.49, 3323.01, 3323.06,	65637
3323.08, 3323.11, 3333.29, 3704.14, 4911.021, 5111.161, 5123.16,	65638
5123.182, 5123.199, 5126.035, 5126.036, 5126.053, 5126.431,	65639
5126.44, 5126.451, 5743.331, 5747.61, 5747.62, and 5747.63 of the	65640
Revised Code are hereby repealed.	65641

Section 105.03. That the version of section 3702.68 of the	65642
Revised Code that was to have taken effect July 1, 2007, as a	65643
result of Sections 3 to 5 of Am. Sub. S.B. 50 of the 121st General	65644
Assembly, as most recently amended by Am. Sub. H.B. 66 of the	65645
126th General Assembly, is hereby repealed. It is the intent of	65646
this section to prevent the amendment of section 3702.68 of the	65647
Revised Code that was to have taken effect July 1, 2007.	65648

Section 115.03. That section 5101.213 of the Revised Code is	65649
hereby repealed, effective July 1, 2008.	65650

Section 120.01. During the period beginning July 1, 2007,	65651
and expiring July 1, 2009, the operation of sections 3718.02,	65652
3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and	65653
6111.441 of the Revised Code is suspended. On July 1, 2009,	65654
sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09,	65655
3718.10, 3718.99, and 6111.441 of the Revised Code, in either	65656
their present form or as they are later amended, again become	65657
operational.	65658

Section 120.02. (A)(1) Effective July 2, 2007, the rules	65659
adopted by the Public Health Council under section 3718.02 of the	65660
Revised Code that took effect on January 1, 2007, are not valid.	65661
Not later than July 2, 2007, the Director of Health shall adopt	65662
rules that are identical to the rules adopted by the Public Health	65663
Council that were in effect prior to January 1, 2007, and were	65664
codified in Chapter 3701-29 of the Administrative Code, except the	65665
rules in that chapter that established requirements for separation	65666
distances from a water table and soil absorption requirements.	65667

At the same time that the Public Health Council adopts the	65668
rules required under division (A)(2) of this section, the Director	65669
shall rescind the rules adopted under this division.	65670

The adoption and rescission of rules under this division are	65671
not subject to section 119.03 of the Revised Code. However, the	65672
Director shall file the adoption and rescission of the rules in	65673
accordance with section 119.04 of the Revised Code. Upon that	65674
filing, the adoption and rescission of the rules take immediate	65675
effect.	65676

(2) Not later than thirty days after the effective date of	65677
this section and notwithstanding any provision of law to the	65678
contrary, the Public Health Council shall rescind rules adopted	65679
by the Council under section 3718.02 of the Revised Code, that	65680
took effect on January 1, 2007. At the same time as those rules	65681
are rescinded, the Council shall adopt rules that are identical	65682
to the rules adopted by the Council that were in effect prior to	65683
January 1, 2007, and were codified in Chapter 3701-29 of the	65684
Administrative Code, except the rules in that Chapter that	65685
established requirements for separation distances from a water	65686
table and soil absorption requirements. Instead, a board of health	65687
or the authority having the duties of a board of health shall	65688
adopt standards establishing requirements for separation distances	65689
from a water table and soil absorption requirements based on the	65690
water table and soils in the applicable health district for	65691
purposes of the installation and operation of household sewage	65692
treatment systems and small flow on-site sewage treatment systems	65693
in the applicable health district.	65694

The rescission and adoption of rules under this division are	65695
not subject to section 119.03 of the Revised Code. However, the	65696
Public Health Council shall file the rules in accordance with	65697
section 119.04 of the Revised Code. Upon that filing, the rules	65698
take immediate effect.	65699

(B) A local board of health or the authority having the	65700
duties of a board of health may adopt standards for use in the	65701
health district that are more stringent than the rules adopted	65702
under division (A)(1) or (2) of this section, provided that the	65703
board of health or authority having the duties of a board of	65704
health in adopting such standards considers the economic impact	65705
of those standards on property owners, the state of available	65706
technology, and the nature and economics of the available	65707
alternatives. If a board of health or authority having the duties	65708
of a board of health adopts standards that are more stringent	65709
than the rules adopted under division (A)(1) or (2) of this	65710
section, the board or authority shall send a copy of the	65711
standards to the Department of Health.	65712

(C)(1) A board of health or the authority having the duties	65713
of a board of health shall approve or deny the use of household	65714
sewage treatment systems and small flow on-site sewage treatment	65715
systems in the applicable health district. In approving or denying	65716
a household sewage treatment system or a small flow on-site sewage	65717
treatment system for use in the health district, the board or	65718
authority shall consider the economic impact of the system on	65719
property owners, the state of available technology, and the nature	65720
and economics of the available alternatives, ensure that a system	65721
will not create a public health nuisance, and require a system to	65722
comply with the requirements established in divisions (C)(2) and	65723
(3) of this section.	65724

(2) Notwithstanding any rule adopted by the Director of	65725
Health or the Public Health Council or standard adopted by a	65726
board of health or the authority having the duties of a board of	65727
health governing the installation and operation of sewage	65728
treatment systems, a board of health or the authority having the	65729
duties of a board of health shall ensure that the design and	65730
installation of a soil absorption system prevents public health	65731
nuisances. To the extent determined necessary by a board of	65732
health or the authority having the duties of a board of health, a	65733
sewage treatment system that is installed after the effective	65734
date of this section shall not discharge to a ditch, stream,	65735
pond, lake, natural or artificial waterway, drain tile, other	65736
surface water, or the surface of the ground unless authorized by	65737
a national pollutant discharge elimination system (NPDES) permit	65738
issued under Chapter 6111. of the Revised Code and rules adopted	65739
under it. In addition, a sewage treatment system shall not	65740
discharge to an abandoned well, a drainage well, a dry well or	65741
cesspool, a sinkhole, or another connection to ground water. As a	65742
condition to the issuance of a permit to operate a system, a	65743
board of health or the authority having the duties of a board of	65744
health shall require a service contract for any sewage treatment	65745
system that is subject to an NPDES permit to the extent required	65746
by the Environmental Protection Agency. If classified as a class	65747
V injection well, a household sewage treatment system serving a	65748
two- or three-family dwelling or a small flow on-site sewage	65749
treatment system shall comply with 40 C.F.R. 144, as published in	65750
the July 1, 2005, Code of Federal Regulations and with the	65751
registration requirements established in rule 3745-34-13 of the	65752
Administrative Code.	65753

(3) Notwithstanding any rule adopted by the Director of	65754
Health or the Public Health Council or standard adopted by a	65755
board of health or the authority having the duties of a board of	65756
health governing the installation and operation of household	65757
sewage treatment systems, all septic tanks, other disposal	65758
component tanks, dosing tanks, pump vaults, household sewage	65759
disposal system holding tanks and privy vaults, or other	65760
applicable sewage disposal system components manufactured after	65761
the effective date of this section and used in this state shall	65762
be watertight and structurally sound.	65763

(4) For purposes of division (C) of this section, "economic	65764
impact" means all of the following with respect to the approval or	65765
denial of a household sewage treatment system or small flow	65766
on-site sewage treatment system, as applicable:	65767

(a) The cost of a proposed system;

65768

(b) The cost of an alternative system that will not create a	65769
public health nuisance;	65770

(c) A comparison of the costs of repairing a system as	65771
opposed to replacing the system with a new system;	65772

(d) The value of the dwelling or facility, as applicable,	65773
that the system services as indicated in the most recent tax	65774
duplicate.	65775

(D)(1) Notwithstanding any rule adopted by the Director of	65776
Health or the Public Health Council governing the installation and	65777
operation of household sewage treatment systems, a board of	65778
health or the authority having the duties of a board of health	65779
may establish and collect fees for the purposes of this section.	65780

(2) In addition to the fees that are authorized to be	65781
established under division (D)(1) of this section, there is hereby	65782
levied an application fee of twenty-five dollars for a sewage	65783
treatment system installation permit. A board of health or the	65784
authority having the duties of a board of health shall collect the	65785
fee on behalf of the Department of Health and forward the fee to	65786
the Department to be deposited in the state treasury to the credit	65787
of the Sewage Treatment System Innovation Fund, which is hereby	65788
created. Not more than seventy-five per cent of the money in the	65789
Fund shall be used by the Department to administer the sewage	65790
treatment system program, and not less than twenty-five per cent	65791
of the money in the Fund shall be used to establish a grant	65792
program in cooperation with boards of health to fund the	65793
installation and evaluation of new technology pilot projects. In	65794
the selection of the pilot projects, the Director of Health shall	65795
consult with the Sewage Treatment System Technical Advisory	65796
Committee created in section 3718.03 of the Revised Code.	65797

(E) Not later than one year after the installation of a	65798
household sewage treatment system, a board of health or the	65799
authority having the duties of a board of health shall inspect the	65800
system to ensure that it is not a public health nuisance.	65801

(F) The Department of Health may file an injunctive action	65802
against a board of health or the authority having the duties of a	65803
board of health that allows a household sewage treatment system or	65804
small flow on-site sewage treatment system to cause a public	65805
health nuisance, provided that the Department provides reasonable	65806
notice to the board or authority and allows for the opportunity to	65807
abate the nuisance prior to the action.	65808

(G) The Environmental Protection Agency shall not require a	65809
board of health or the authority having the duties of a board of	65810
health to enter into a memorandum of understanding or any other	65811
agreement with the Agency regarding the issuance of NPDES permits	65812
for off-lot sewage treatment systems. Instead, a representative of	65813
a board of health or the authority having the duties of a board of	65814
health may meet with a person who intends to install such a system	65815
to determine the feasibility of the system and refer the person to	65816
the Agency to secure an NPDES permit for the system if needed. The	65817
Environmental Protection Agency, within ninety days or as quickly	65818
as possible after the effective date of this section, shall seek a	65819
revision to the general NPDES permit, issued pursuant to the	65820
federal Water Pollution Control Act as defined in section 6111.01	65821
of the Revised Code, in order not to require a memorandum of	65822
understanding with a board of health or the authority having the	65823
duties of a board of health and that allows a property owner to	65824
seek coverage under the general NPDES permit for purposes of this	65825
division. A board of health or the authority having the duties of	65826
a board of health voluntarily may enter into a memorandum of	65827
understanding with the Environmental Protection Agency to	65828
implement the general NPDES permit. In the interim, the Agency	65829
shall work with boards of health or authorities having the duties	65830
of boards of health and with property owners in order to	65831
facilitate the owners' securing an NPDES permit in counties	65832
without a memorandum of understanding.	65833

(H) Notwithstanding any rule adopted by the Director of	65834
Health or the Public Health Council governing the installation and	65835
operation of household sewage treatment systems, a board of	65836
health or the authority having the duties of a board of health	65837
that, prior to the effective date of this section, has obtained	65838
authority from the Department of Health and the Environmental	65839
Protection Agency to regulate small flow on-site sewage treatment	65840
systems may continue to regulate such systems on and after the	65841
effective date of this section. A board of health or the	65842
authority having the duties of a board of health that has not	65843
obtained such authority may request the authority from the	65844
Department of Health and the Environmental Protection Agency in	65845
the manner provided by law.	65846

(I) Because the rules adopted by the Public Health Council	65847
under section 3718.02 of the Revised Code that were effective on	65848
January 1, 2007, have been rescinded by operation of this section,	65849
the references to those rules in section 3718.021 of the Revised	65850
Code are not operable. Instead, notwithstanding any other	65851
provisions of this section, the Director of Health or the Public	65852
Health Council, as applicable, shall provide for the	65853
implementation of section 3718.021 of the Revised Code in the	65854
rules that are required to be adopted under division (A) of this	65855
section.	65856

(J) The Department of Health in cooperation with a board of	65857
health or the authority having the duties of a board of health	65858
shall assess the familiarity of the board's or authority's staff	65859
with the best practices in the use of sewage treatment systems and	65860
conduct appropriate training to educate the board's or authority's	65861
staff in those best practices and in the use of any new sewage	65862
treatment system technology that is recommended for use by the	65863
Sewage Treatment System Technical Advisory Committee created in	65864
section 3718.03 of the Revised Code.	65865

(K)(1) As used in this section, "household sewage treatment	65866
system," "small flow on-site sewage treatment system," and "sewage	65867
treatment system" have the same meanings as in section 3718.01 of	65868
the Revised Code.	65869

(2) For the purposes of this section, "household sewage	65870
treatment system" is deemed to mean "household sewage disposal	65871
system" as necessary for the operation of this section.	65872

(3) For purposes of this section, a public health nuisance	65873
shall be deemed to exist when an inspection conducted by a board	65874
of health documents odor, color, or other visual manifestations of	65875
raw or poorly treated sewage and either of the following applies:	65876

(a) Water samples exceed five thousand fecal coliform counts	65877
per one hundred milliliters (either MPN or MF) in two or more	65878
samples when five or fewer samples are collected or in more than	65879
twenty per cent of the samples when more than five samples are	65880
taken.	65881

(b) Water samples exceed five hundred seventy-six E. Coli	65882
counts per one hundred milliliters in two or more samples when	65883
five or fewer samples are collected or in more than twenty per	65884
cent of the samples when more than five samples are taken.	65885

(L) Neither the Director of Health or the Public Health	65886
Council shall adopt rules prior to July 1, 2009, that modify or	65887
change the requirements established by this section.	65888

(M) This section expires on the effective date of the rules	65889
that are to be adopted under section 3718.02 of the Revised Code	65890
when that section becomes operational on July 1, 2009, pursuant to	65891
Section 120.01 of this act.	65892

Section 120.03. That sections 711.001, 711.05, 711.10,	65893
711.131, 4736.01, 6111.04, and 6111.44 be further amended and	65894
section 3718.022 of the Revised Code be enacted to read as	65895
follows:	65896

Sec. 711.001. As used in this chapter:

65897

(A) "Plat" means a map of a tract or parcel of land.

65898

(B) "Subdivision" means either of the following:

65899

(1) The division of any parcel of land shown as a unit or as	65900
contiguous units on the last preceding general tax list and	65901
duplicate of real and public utility property, into two or more	65902
parcels, sites, or lots, any one of which is less than five acres	65903
for the purpose, whether immediate or future, of transfer of	65904
ownership, provided, however, that the following are exempt:	65905

(a) A division or partition of land into parcels of more than	65906
five acres not involving any new streets or easements of access;	65907

(b) The sale or exchange of parcels between adjoining lot	65908
owners, where that sale or exchange does not create additional	65909
building sites;	65910

(c) If the planning authority adopts a rule in accordance	65911
with section 711.133 of the Revised Code that exempts from	65912
division (B)(1) of this section any parcel of land that is four	65913
acres or more, parcels in the size range delineated in that rule.	65914

(2) The improvement of one or more parcels of land for	65915
residential, commercial, or industrial structures or groups of	65916
structures involving the division or allocation of land for the	65917
opening, widening, or extension of any public or private street or	65918
streets, except private streets serving industrial structures, or	65919
involving the division or allocation of land as open spaces for	65920
common use by owners, occupants, or leaseholders or as easements	65921
for the extension and maintenance of public or private sewer,	65922
water, storm drainage, or other similar facilities.	65923

~~(C) "Household sewage treatment system" has the same meaning~~	65924
~~as in section 3709.091 of the Revised Code.~~	65925

Sec. 711.05. (A) Upon the submission of a plat for approval,	65926
in accordance with section 711.041 of the Revised Code, the board	65927
of county commissioners shall certify on it the date of the	65928
submission. Within five days of submission of the plat, the board	65929
shall schedule a meeting to consider the plat and send a written	65930
notice by regular mail to the fiscal officer of the board of	65931
township trustees of the township in which the plat is located and	65932
the board of health of the health district in which the plat is	65933
located. The notice shall inform the trustees and the board of	65934
health of the submission of the plat and of the date, time, and	65935
location of any meeting at which the board of county commissioners	65936
will consider or act upon the proposed plat. The meeting shall	65937
take place within thirty days of submission of the plat, and no	65938
meeting shall be held until at least seven days have passed from	65939
the date the notice was sent by the board of county commissioners.	65940
The approval of the board required by section 711.041 of the	65941
Revised Code or the refusal to approve shall take place within	65942
thirty days from the date of submission or such further time as	65943
the applying party may agree to in writing; otherwise, the plat is	65944
deemed approved and may be recorded as if bearing such approval.	65945

(B) The board may adopt general rules governing plats and	65946
subdivisions of land falling within its jurisdiction, to secure	65947
and provide for the coordination of the streets within the	65948
subdivision with existing streets and roads or with existing	65949
county highways, for the proper amount of open spaces for traffic,	65950
circulation, and utilities, and for the avoidance of future	65951
congestion of population detrimental to the public health, safety,	65952
or welfare, but shall not impose a greater minimum lot area than	65953
forty-eight hundred square feet. Before the board may amend or	65954
adopt rules, it shall notify all the townships in the county of	65955
the proposed amendments or rules by regular mail at least thirty	65956
days before the public meeting at which the proposed amendments or	65957
rules are to be considered.	65958

The rules may require the board of health to review and	65959
comment on a plat before the board of county commissioners acts	65960
upon it and may also require proof of compliance with any	65961
applicable zoning resolutions, and with ~~rules governing~~ household	65962
sewage treatment ~~systems~~rules adopted under section 3718.02 of	65963
the Revised Code, as a basis for approval of a plat. Where under	65964
section 711.101 of the Revised Code the board of county	65965
commissioners has set up standards and specifications for the	65966
construction of streets, utilities, and other improvements for	65967
common use, the general rules may require the submission of	65968
appropriate plans and specifications for approval. The board shall	65969
not require the person submitting the plat to alter the plat or	65970
any part of it as a condition for approval, as long as the plat is	65971
in accordance with general rules governing plats and subdivisions	65972
of land, adopted by the board as provided in this section, in	65973
effect at the time the plat was submitted and the plat is in	65974
accordance with any standards and specifications set up under	65975
section 711.101 of the Revised Code, in effect at the time the	65976
plat was submitted.	65977

(C) The ground of refusal to approve any plat, submitted in	65978
accordance with section 711.041 of the Revised Code, shall be	65979
stated upon the record of the board, and, within sixty days	65980
thereafter, the person submitting any plat that the board refuses	65981
to approve may file a petition in the court of common pleas of the	65982
county in which the land described in the plat is situated to	65983
review the action of the board. A board of township trustees is	65984
not entitled to appeal a decision of the board of county	65985
commissioners under this section.	65986

Sec. 711.10. (A) Whenever a county planning commission or a	65987
regional planning commission adopts a plan for the major streets	65988
or highways of the county or region, no plat of a subdivision of	65989
land within the county or region, other than land within a	65990
municipal corporation or land within three miles of a city or one	65991
and one-half miles of a village as provided in section 711.09 of	65992
the Revised Code, shall be recorded until it is approved by the	65993
county or regional planning commission under division (C) of this	65994
section and the approval is endorsed in writing on the plat.	65995

(B) A county or regional planning commission may require the	65996
submission of a preliminary plan for each plat sought to be	65997
recorded. If the commission requires this submission, it shall	65998
provide for a review process for the preliminary plan. Under this	65999
review process, the planning commission shall give its approval,	66000
its approval with conditions, or its disapproval of each	66001
preliminary plan. The commission's decision shall be in writing,	66002
shall be under the signature of the secretary of the commission,	66003
and shall be issued within thirty-five business days after the	66004
submission of the preliminary plan to the commission. The	66005
disapproval of a preliminary plan shall state the reasons for the	66006
disapproval. A decision of the commission under this division is	66007
preliminary to and separate from the commission's decision to	66008
approve, conditionally approve, or refuse to approve a plat under	66009
division (C) of this section.	66010

(C) Within five calendar days after the submission of a plat	66011
for approval under this division, the county or regional planning	66012
commission shall schedule a meeting to consider the plat and send	66013
a notice by regular mail or by electronic mail to the fiscal	66014
officer of the board of township trustees of the township in which	66015
the plat is located and the board of health of the health district	66016
in which the plat is located. The notice shall inform the trustees	66017
and the board of health of the submission of the plat and of the	66018
date, time, and location of any meeting at which the county or	66019
regional planning commission will consider or act upon the plat.	66020
The meeting shall take place within thirty calendar days after	66021
submission of the plat, and no meeting shall be held until at	66022
least seven calendar days have passed from the date the planning	66023
commission sent the notice.	66024

The approval of the county or regional planning commission,	66025
the commission's conditional approval as described in this	66026
division, or the refusal of the commission to approve shall be	66027
endorsed on the plat within thirty calendar days after the	66028
submission of the plat for approval under this division or within	66029
such further time as the applying party may agree to in writing;	66030
otherwise that plat is deemed approved, and the certificate of the	66031
commission as to the date of the submission of the plat for	66032
approval under this division and the failure to take action on it	66033
within that time shall be sufficient in lieu of the written	66034
endorsement or evidence of approval required by this division.	66035

A county or regional planning commission may grant	66036
conditional approval under this division to a plat by requiring a	66037
person submitting the plat to alter the plat or any part of it,	66038
within a specified period after the end of the thirty calendar	66039
days, as a condition for final approval under this division. Once	66040
all the conditions have been met within the specified period, the	66041
commission shall cause its final approval under this division to	66042
be endorsed on the plat. No plat shall be recorded until it is	66043
endorsed with the commission's final or unconditional approval	66044
under this division.	66045

The ground of refusal of approval of any plat submitted under	66046
this division, including citation of or reference to the rule	66047
violated by the plat, shall be stated upon the record of the	66048
county or regional planning commission. Within sixty calendar days	66049
after the refusal under this division, the person submitting any	66050
plat that the commission refuses to approve under this division	66051
may file a petition in the court of common pleas of the proper	66052
county, and the proceedings on the petition shall be governed by	66053
section 711.09 of the Revised Code as in the case of the refusal	66054
of a planning authority to approve a plat. A board of township	66055
trustees is not entitled to appeal a decision of the commission	66056
under this division.	66057

A county or regional planning commission shall adopt general	66058
rules, of uniform application, governing plats and subdivisions of	66059
land falling within its jurisdiction, to secure and provide for	66060
the proper arrangement of streets or other highways in relation to	66061
existing or planned streets or highways or to the county or	66062
regional plan, for adequate and convenient open spaces for	66063
traffic, utilities, access of firefighting apparatus, recreation,	66064
light, and air, and for the avoidance of congestion of population.	66065
The rules may provide for their modification by the commission in	66066
specific cases where unusual topographical and other exceptional	66067
conditions require the modification. The rules may require the	66068
board of health to review and comment on a plat before the	66069
commission acts upon it and also may require proof of compliance	66070
with any applicable zoning resolutions, and with ~~rules governing~~	66071
household sewage treatment ~~systems~~rules adopted under section	66072
3718.02 of the Revised Code, as a basis for approval of a plat.	66073

Before adoption of its rules or amendment of its rules, the	66074
commission shall hold a public hearing on the adoption or	66075
amendment. Notice of the public hearing shall be sent to all	66076
townships in the county or region by regular mail or electronic	66077
mail at least thirty business days before the hearing. No county	66078
or regional planning commission shall adopt any rules requiring	66079
actual construction of streets or other improvements or facilities	66080
or assurance of that construction as a condition precedent to the	66081
approval of a plat of a subdivision unless the requirements have	66082
first been adopted by the board of county commissioners after a	66083
public hearing. A copy of the rules shall be certified by the	66084
planning commission to the county recorders of the appropriate	66085
counties.	66086

After a county or regional street or highway plan has been	66087
adopted as provided in this section, the approval of plats and	66088
subdivisions provided for in this section shall be in lieu of any	66089
approvals provided for in other sections of the Revised Code,	66090
insofar as the territory within the approving jurisdiction of the	66091
county or regional planning commission, as provided in this	66092
section, is concerned. Approval of a plat shall not be an	66093
acceptance by the public of the dedication of any street, highway,	66094
or other way or open space shown upon the plat.	66095

No county or regional planning commission shall require a	66096
person submitting a plat to alter the plat or any part of it as	66097
long as the plat is in accordance with the general rules governing	66098
plats and subdivisions of land, adopted by the commission as	66099
provided in this section, in effect at the time the plat is	66100
submitted.	66101

A county or regional planning commission and a city or	66102
village planning commission, or platting commissioner or	66103
legislative authority of a village, with subdivision regulation	66104
jurisdiction over unincorporated territory within the county or	66105
region may cooperate and agree by written agreement that the	66106
approval of a plat by the city or village planning commission, or	66107
platting commissioner or legislative authority of a village, as	66108
provided in section 711.09 of the Revised Code, shall be	66109
conditioned upon receiving advice from or approval by the county	66110
or regional planning commission.	66111

(D) As used in this section, "business day" means a day of	66112
the week excluding Saturday, Sunday, or a legal holiday as defined	66113
in section 1.14 of the Revised Code.	66114

Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13	66115
of the Revised Code and except as provided in division (C) of this	66116
section, unless the rules adopted under section 711.05, 711.09, or	66117
711.10 of the Revised Code are amended pursuant to division (B) of	66118
this section, a proposed division of a parcel of land along an	66119
existing public street, not involving the opening, widening, or	66120
extension of any street or road, and involving no more than five	66121
lots after the original tract has been completely subdivided, may	66122
be submitted to the planning authority having approving	66123
jurisdiction of plats under section 711.05, 711.09, or 711.10 of	66124
the Revised Code for approval without plat. If the authority	66125
acting through a properly designated representative finds that a	66126
proposed division is not contrary to applicable platting,	66127
subdividing, zoning, health, sanitary, or access management	66128
regulations, regulations adopted under division (B)(3) of section	66129
307.37 of the Revised Code regarding existing surface or	66130
subsurface drainage, or ~~rules governing~~ household sewage treatment	66131
~~systems~~rules adopted under section 3718.02 of the Revised Code,	66132
it shall approve the proposed division within seven business days	66133
after its submission and, on presentation of a conveyance of the	66134
parcel, shall stamp the conveyance "approved by (planning	66135
authority); no plat required" and have it signed by its clerk,	66136
secretary, or other official as may be designated by it. The	66137
planning authority may require the submission of a sketch and	66138
other information that is pertinent to its determination under	66139
this division.	66140

(B) For a period of up to two years after April 15, 2005, the	66141
rules adopted under section 711.05, 711.09, or 711.10 of the	66142
Revised Code may be amended within that period to authorize the	66143
planning authority involved to approve proposed divisions of	66144
parcels of land without plat under this division. If an authority	66145
so amends its rules, it may approve no more than five lots	66146
without a plat from an original tract as that original tract	66147
exists on the effective date of the amendment to the rules. The	66148
authority shall make the findings and approve a proposed division	66149
in the time and manner specified in division (A) of this section.	66150

(C) This section does not apply to parcels subject to section	66151
711.133 of the Revised Code.	66152

(D) As used in this section, "business day" means a day of	66153
the week excluding Saturday, Sunday, or a legal holiday as defined	66154
in section 1.14 of the Revised Code.	66155

Sec. 3718.022. Notwithstanding any provision in this chapter	66156
to the contrary, in adopting rules under division (A) of section	66157
3718.02 of the Revised Code, the public health council shall	66158
consider the economic impact of the rules on property owners, the	66159
state of available technology, and the nature and economics of the	66160
available alteratives.	66161

Sec. 4736.01. As used in this chapter:

66162

(A) "Environmental health science" means the aspect of public	66163
health science that includes, but is not limited to, the following	66164
bodies of knowledge: air quality, food quality and protection,	66165
hazardous and toxic substances, consumer product safety, housing,	66166
institutional health and safety, community noise control,	66167
radiation protection, recreational facilities, solid and liquid	66168
waste management, vector control, drinking water quality, milk	66169
sanitation, and rabies control.	66170

(B) "Sanitarian" means a person who performs for compensation	66171
educational, investigational, technical, or administrative duties	66172
requiring specialized knowledge and skills in the field of	66173
environmental health science.	66174

(C) "Registered sanitarian" means a person who is registered	66175
as a sanitarian in accordance with this chapter.	66176

(D) "Sanitarian-in-training" means a person who is registered	66177
as a sanitarian-in-training in accordance with this chapter.	66178

(E) "Practice of environmental health" means consultation,	66179
instruction, investigation, inspection, or evaluation by an	66180
employee of a city health district, a general health district, the	66181
environmental protection agency, the department of health, or the	66182
department of agriculture requiring specialized knowledge,	66183
training, and experience in the field of environmental health	66184
science, with the primary purpose of improving or conducting	66185
administration or enforcement under any of the following:	66186

(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or	66187
3733. of the Revised Code;	66188

(2) Chapter 3734. of the Revised Code as it pertains to solid	66189
waste;	66190

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	66191
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	66192

(4) Rules adopted under section 3701.34 of the Revised Code	66193
pertaining to ~~home sewage,~~ rabies control, or swimming pools;	66194

(5) Rules adopted under section 3701.935 of the Revised Code	66195
for school health and safety network inspections and rules adopted	66196
under section 3707.26 of the Revised Code for sanitary	66197
inspections.	66198

"Practice of environmental health" does not include sampling,	66199
testing, controlling of vectors, reporting of observations, or	66200
other duties that do not require application of specialized	66201
knowledge and skills in environmental health science performed	66202
under the supervision of a registered sanitarian.	66203

The state board of sanitarian registration may further define	66204
environmental health science in relation to specific functions in	66205
the practice of environmental health through rules adopted by the	66206
board under Chapter 119. of the Revised Code.	66207

Sec. 6111.04. (A) Both of the following apply except as	66208
otherwise provided in division (A) or (F) of this section:	66209

(1) No person shall cause pollution or place or cause to be	66210
placed any sewage, sludge, sludge materials, industrial waste, or	66211
other wastes in a location where they cause pollution of any	66212
waters of the state.	66213

(2) Such an action prohibited under division (A)(1) of this	66214
section is hereby declared to be a public nuisance.	66215

Divisions (A)(1) and (2) of this section do not apply if the	66216
person causing pollution or placing or causing to be placed wastes	66217
in a location in which they cause pollution of any waters of the	66218
state holds a valid, unexpired permit, or renewal of a permit,	66219
governing the causing or placement as provided in sections 6111.01	66220
to 6111.08 of the Revised Code or if the person's application for	66221
renewal of such a permit is pending.	66222

(B) If the director of environmental protection administers a	66223
sludge management program pursuant to division (S) of section	66224
6111.03 of the Revised Code, both of the following apply except as	66225
otherwise provided in division (B) or (F) of this section:	66226

(1) No person, in the course of sludge management, shall	66227
place on land located in the state or release into the air of the	66228
state any sludge or sludge materials.	66229

(2) An action prohibited under division (B)(1) of this	66230
section is hereby declared to be a public nuisance.	66231

Divisions (B)(1) and (2) of this section do not apply if the	66232
person placing or releasing the sludge or sludge materials holds a	66233
valid, unexpired permit, or renewal of a permit, governing the	66234
placement or release as provided in sections 6111.01 to 6111.08 of	66235
the Revised Code or if the person's application for renewal of	66236
such a permit is pending.	66237

(C) No person to whom a permit has been issued shall place or	66238
discharge, or cause to be placed or discharged, in any waters of	66239
the state any sewage, sludge, sludge materials, industrial waste,	66240
or other wastes in excess of the permissive discharges specified	66241
under an existing permit without first receiving a permit from the	66242
director to do so.	66243

(D) No person to whom a sludge management permit has been	66244
issued shall place on the land or release into the air of the	66245
state any sludge or sludge materials in excess of the permissive	66246
amounts specified under the existing sludge management permit	66247
without first receiving a modification of the existing sludge	66248
management permit or a new sludge management permit to do so from	66249
the director.	66250

(E) The director may require the submission of plans,	66251
specifications, and other information that the director considers	66252
relevant in connection with the issuance of permits.	66253

(F) This section does not apply to any of the following:

66254

(1) Waters used in washing sand, gravel, other aggregates, or	66255
mineral products when the washing and the ultimate disposal of the	66256
water used in the washing, including any sewage, industrial waste,	66257
or other wastes contained in the waters, are entirely confined to	66258
the land under the control of the person engaged in the recovery	66259
and processing of the sand, gravel, other aggregates, or mineral	66260
products and do not result in the pollution of waters of the	66261
state;	66262

(2) Water, gas, or other material injected into a well to	66263
facilitate, or that is incidental to, the production of oil, gas,	66264
artificial brine, or water derived in association with oil or gas	66265
production and disposed of in a well, in compliance with a permit	66266
issued under Chapter 1509. of the Revised Code, or sewage,	66267
industrial waste, or other wastes injected into a well in	66268
compliance with an injection well operating permit. Division	66269
(F)(2) of this section does not authorize, without a permit, any	66270
discharge that is prohibited by, or for which a permit is required	66271
by, regulation of the United States environmental protection	66272
agency.	66273

(3) Application of any materials to land for agricultural	66274
purposes or runoff of the materials from that application or	66275
pollution by animal waste or soil sediment, including attached	66276
substances, resulting from farming, silvicultural, or earthmoving	66277
activities regulated by Chapter 307. or 1511. of the Revised Code.	66278
Division (F)(3) of this section does not authorize, without a	66279
permit, any discharge that is prohibited by, or for which a permit	66280
is required by, the Federal Water Pollution Control Act or	66281
regulations adopted under it.	66282

(4) The excrement of domestic and farm animals defecated on	66283
land or runoff therefrom into any waters of the state. Division	66284
(F)(4) of this section does not authorize, without a permit, any	66285
discharge that is prohibited by, or for which a permit is required	66286
by, the Federal Water Pollution Control Act or regulations adopted	66287
under it.	66288

(5) On and after the date on which the United States	66289
environmental protection agency approves the NPDES program	66290
submitted by the director of agriculture under section 903.08 of	66291
the Revised Code, any discharge that is within the scope of the	66292
approved NPDES program submitted by the director of agriculture;	66293

(6) The discharge of sewage, industrial waste, or other	66294
wastes into a sewerage system tributary to a treatment works.	66295
Division (F)(6) of this section does not authorize any discharge	66296
into a publicly owned treatment works in violation of a	66297
pretreatment program applicable to the publicly owned treatment	66298
works.	66299

(7) ~~Septic tanks or other disposal systems for the disposal~~	66300
~~or treatment of sewage from single-family, two-family, or~~	66301
~~three-family dwellings~~A household sewage treatment system or a	66302
small flow on-site sewage treatment system, as applicable, as	66303
defined in section 3718.01 of the Revised Code that is installed	66304
in compliance with ~~the sanitary code and section 3707.01~~Chapter	66305
3718. of the Revised Code and rules adopted under it. Division	66306
(F)(7) of this section does not authorize, without a permit, any	66307
discharge that is prohibited by, or for which a permit is required	66308
by, regulation of the United States environmental protection	66309
agency.	66310

(8) Exceptional quality sludge generated outside of this	66311
state and contained in bags or other containers not greater than	66312
one hundred pounds in capacity. As used in division (F)(8) of this	66313
section, "exceptional quality sludge" has the same meaning as in	66314
division (Y) of section 3745.11 of the Revised Code.	66315

(G) The holder of a permit issued under section 402 (a) of	66316
the Federal Water Pollution Control Act need not obtain a permit	66317
for a discharge authorized by the permit until its expiration	66318
date. Except as otherwise provided in this division, the director	66319
of environmental protection shall administer and enforce those	66320
permits within this state and may modify their terms and	66321
conditions in accordance with division (J) of section 6111.03 of	66322
the Revised Code. On and after the date on which the United States	66323
environmental protection agency approves the NPDES program	66324
submitted by the director of agriculture under section 903.08 of	66325
the Revised Code, the director of agriculture shall administer and	66326
enforce those permits within this state that are issued for any	66327
discharge that is within the scope of the approved NPDES program	66328
submitted by the director of agriculture.	66329

Sec. 6111.44. (A) Except as otherwise provided in division	66330
(B) of this section, in section 6111.14 of the Revised Code, or in	66331
rules adopted under division (G) of section 6111.03 of the Revised	66332
Code, no municipal corporation, county, public institution,	66333
corporation, or officer or employee thereof or other person shall	66334
provide or install sewerage or treatment works for sewage, sludge,	66335
or sludge materials disposal or treatment or make a change in any	66336
sewerage or treatment works until the plans therefor have been	66337
submitted to and approved by the director of environmental	66338
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	66339
to sewerage and treatment works of a municipal corporation or part	66340
thereof, an unincorporated community, a county sewer district, or	66341
other land outside of a municipal corporation or any publicly or	66342
privately owned building or group of buildings or place, used for	66343
the assemblage, entertainment, recreation, education, correction,	66344
hospitalization, housing, or employment of persons.	66345

In granting an approval, the director may stipulate	66346
modifications, conditions, and rules that the public health and	66347
prevention of pollution may require. Any action taken by the	66348
director shall be a matter of public record and shall be entered	66349
in the director's journal. Each period of thirty days that a	66350
violation of this section continues, after a conviction for the	66351
violation, constitutes a separate offense.	66352

(B) Sections 6111.45 and 6111.46 of the Revised Code and	66353
division (A) of this section do not apply to any of the following:	66354

(1) Sewerage or treatment works for sewage installed or to be	66355
installed for the use of a private residence or dwelling;	66356

(2) Sewerage systems, treatment works, or disposal systems	66357
for storm water from an animal feeding facility or manure, as	66358
"animal feeding facility" and "manure" are defined in section	66359
903.01 of the Revised Code;	66360

(3) Animal waste treatment or disposal works and related	66361
management and conservation practices that are subject to rules	66362
adopted under division (E)(2) of section 1511.02 of the Revised	66363
Code;	66364

(4) Sewerage or treatment works for the on-lot disposal or	66365
treatment of sewage from a small flow on-site sewage treatment	66366
system, as defined in section 3718.01 of the Revised Code, if the	66367
board of health of a city or general health district has notified	66368
the director of health and the director of environmental	66369
protection under section 3718.021 of the Revised Code that the	66370
board has chosen to regulate the system, provided that the board	66371
remains in compliance with the rules adopted under division	66372
(A)(13) of section 3718.02 of the Revised Code.	66373

The exclusions established in divisions (B)(2) and (3) of	66374
this section do not apply to the construction or installation of	66375
disposal systems, as defined in section 6111.01 of the Revised	66376
Code, that are located at an animal feeding facility and that	66377
store, treat, or discharge wastewaters that do not include storm	66378
water or manure or that discharge to a publicly owned treatment	66379
works.	66380

Section 120.04. That existing sections 711.001, 711.05,	66381
711.10, 711.131, 4736.01, 6111.04, and 6111.44 of the Revised Code	66382
are hereby repealed.	66383

Section 120.05. Sections 120.03 and 120.04 take effect on	66384
July 1, 2009.	66385

Section 130.01. As is more completely explained in Sections	66386
130.02 and 130.03 that follow, this act, pursuant to Section	66387
611.03 of Am. Sub. H.B. 66 of the 126th General Assembly, confirms	66388
and orders implementation of the amendments and the enactment	66389
referred to in Section 611.03, the taking effect of which	66390
amendments and enactment by Am. Sub. H.B. 66 was postponed in	66391
whole or in part by Section 611.03 pending this confirmation and	66392
order.	66393

Section 130.02. (A)(1) Sections 3311.19, 3313.12, and 4117.08	66394
of the Revised Code are presented in division (B) of this section	66395
solely for the purpose of confirming the sections and ordering	66396
their implementation as they result from Am. Sub. H.B. 66 of the	66397
126th General Assembly. No other action is being taken with regard	66398
to these sections.	66399

(2) Section 9.833 of the Revised Code is presented in	66400
division (B) of this section for the purpose of confirming the	66401
section and ordering its implementation as it results from Am.	66402
Sub. H.B. 46 and Am. Sub. H.B. 66, both of the 126th General	66403
Assembly, and of amending the section to read as directed by this	66404
act. Section 9.90 of the Revised Code is presented in division (B)	66405
of this section for the purposes of confirming the section and	66406
ordering its implementation as it results from Am. Sub. H.B. 66	66407
and Sub. H.B. 193 of the 126th General Assembly and of amending	66408
the section to read as directed by this act. Section 9.901 of the	66409
Revised Code is presented in division (B) of this section for the	66410
purposes of confirming the section and ordering its complete	66411
implementation as it results from Am. Sub. H.B. 66 of the 126th	66412
General Assembly and as it was subsequently amended by Am. Sub.	66413
H.B. 530 of the 126th General Assembly and of amending the section	66414
to read as directed by this act. Sections 3313.202, 3313.33, and	66415
4117.03 of the Revised Code are presented in division (B) of this	66416
section for the purposes of confirming the sections and ordering	66417
their implementation as they result from Am. Sub. H.B. 66 of the	66418
126th General Assembly and of amending the sections to read as	66419
directed by this act.	66420

(B) Sections 9.833, 9.90, 9.901, 3311.19, 3313.12, 3313.202,	66421
3313.33, 4117.03, and 4117.08 of the Revised Code are presented in	66422
this division as explained in divisions (A)(1) and (2) of this	66423
section:	66424

Sec. 9.833. (A) As used in this section, "political	66425
subdivision" means a municipal corporation, township, county, or	66426
other body corporate and politic responsible for governmental	66427
activities in a geographic area smaller than that of the state,	66428
and agencies and instrumentalities of these entities. ~~For purposes~~	66429
~~of this section, a school district is not a "political~~	66430
~~subdivision."~~	66431

(B) Political subdivisions that provide health care benefits	66432
for their officers or employees may do any of the following:	66433

(1) Establish and maintain an individual self-insurance	66434
program with public moneys to provide authorized health care	66435
benefits, including but not limited to, health care, prescription	66436
drugs, dental care, and vision care, in accordance with division	66437
(C) of this section;	66438

(2) Establish and maintain a health savings account program	66439
whereby employees or officers may establish and maintain health	66440
savings accounts in accordance with section 223 of the Internal	66441
Revenue Code. Public moneys may be used to pay for or fund	66442
federally qualified high deductible health plans that are linked	66443
to health savings accounts or to make contributions to health	66444
savings accounts. A health savings account program may be a part	66445
of a self-insurance program.	66446

(3) After establishing an individual self-insurance program,	66447
agree with other political subdivisions that have established	66448
individual self-insurance programs for health care benefits, that	66449
their programs will be jointly administered in a manner specified	66450
in the agreement;	66451

(4) Pursuant to a written agreement and in accordance with	66452
division (C) of this section, join in any combination with other	66453
political subdivisions to establish and maintain a joint	66454
self-insurance program to provide health care benefits;	66455

(5) Pursuant to a written agreement, join in any combination	66456
with other political subdivisions to procure or contract for	66457
policies, contracts, or plans of insurance to provide health care	66458
benefits, which may include a health savings account program, for	66459
their officers and employees subject to the agreement;	66460

(6) Use in any combination any of the policies, contracts,	66461
plans, or programs authorized under this division.	66462

(C) Except as otherwise provided in division (E) of this	66463
section, the following apply to individual or joint self-insurance	66464
programs established pursuant to this section:	66465

(1) Such funds shall be reserved as are necessary, in the	66466
exercise of sound and prudent actuarial judgment, to cover	66467
potential cost of health care benefits for the officers and	66468
employees of the political subdivision. A report of amounts so	66469
reserved and disbursements made from such funds, together with a	66470
written report of a member of the American academy of actuaries	66471
certifying whether the amounts reserved conform to the	66472
requirements of this division, are computed in accordance with	66473
accepted loss reserving standards, and are fairly stated in	66474
accordance with sound loss reserving principles, shall be prepared	66475
and maintained, within ninety days after the last day of the	66476
fiscal year of the entity for which the report is provided for	66477
that fiscal year, in the office of the program administrator	66478
described in division (C)(3) of this section.	66479

The report required by division (C)(1) of this section shall	66480
include, but not be limited to, disbursements made for the	66481
administration of the program, including claims paid, costs of the	66482
legal representation of political subdivisions and employees, and	66483
fees paid to consultants.	66484

The program administrator described in division (C)(3) of	66485
this section shall make the report required by this division	66486
available for inspection by any person at all reasonable times	66487
during regular business hours, and, upon the request of such	66488
person, shall make copies of the report available at cost within a	66489
reasonable period of time.	66490

(2) Each political subdivision shall reserve funds necessary	66491
for an individual or joint self-insurance program in a special	66492
fund that may be established for political subdivisions other than	66493
an agency or instrumentality pursuant to an ordinance or	66494
resolution of the political subdivision and not subject to section	66495
5705.12 of the Revised Code. An agency or instrumentality shall	66496
reserve the funds necessary for an individual or joint	66497
self-insurance program in a special fund established pursuant to a	66498
resolution duly adopted by the agency's or instrumentality's	66499
governing board. The political subdivision may allocate the costs	66500
of insurance or any self-insurance program, or both, among the	66501
funds or accounts established under this division on the basis of	66502
relative exposure and loss experience.	66503

(3) A contract may be awarded, without the necessity of	66504
competitive bidding, to any person, political subdivision,	66505
nonprofit corporation organized under Chapter 1702. of the Revised	66506
Code, or regional council of governments created under Chapter	66507
167. of the Revised Code for purposes of administration of an	66508
individual or joint self-insurance program. No such contract shall	66509
be entered into without full, prior, public disclosure of all	66510
terms and conditions. The disclosure shall include, at a minimum,	66511
a statement listing all representations made in connection with	66512
any possible savings and losses resulting from the contract, and	66513
potential liability of any political subdivision or employee. The	66514
proposed contract and statement shall be disclosed and presented	66515
at a meeting of the political subdivision not less than one week	66516
prior to the meeting at which the political subdivision authorizes	66517
the contract.	66518

A contract awarded to a nonprofit corporation or a regional	66519
council of governments under this division may provide that all	66520
employees of the nonprofit corporation or regional council of	66521
governments and the employees of all entities related to the	66522
nonprofit corporation or regional council of governments may be	66523
covered by the individual or joint self-insurance program under	66524
the terms and conditions set forth in the contract.	66525

(4) The individual or joint self-insurance program shall	66526
include a contract with a member of the American academy of	66527
actuaries for the preparation of the written evaluation of the	66528
reserve funds required under division (C)(1) of this section.	66529

(5) A joint self-insurance program may allocate the costs of	66530
funding the program among the funds or accounts established under	66531
this division to the participating political subdivisions on the	66532
basis of their relative exposure and loss experience.	66533

(6) An individual self-insurance program may allocate the	66534
costs of funding the program among the funds or accounts	66535
established under this division to the political subdivision that	66536
established the program.	66537

(7) Two or more political subdivisions may also authorize the	66538
establishment and maintenance of a joint health care cost	66539
containment program, including, but not limited to, the employment	66540
of risk managers, health care cost containment specialists, and	66541
consultants, for the purpose of preventing and reducing health	66542
care costs covered by insurance, individual self-insurance, or	66543
joint self-insurance programs.	66544

(8) A political subdivision is not liable under a joint	66545
self-insurance program for any amount in excess of amounts payable	66546
pursuant to the written agreement for the participation of the	66547
political subdivision in the joint self-insurance program. Under a	66548
joint self-insurance program agreement, a political subdivision	66549
may, to the extent permitted under the written agreement, assume	66550
the risks of any other political subdivision. A joint	66551
self-insurance program established under this section is deemed a	66552
separate legal entity for the public purpose of enabling the	66553
members of the joint self-insurance program to obtain insurance or	66554
to provide for a formalized, jointly administered self-insurance	66555
fund for its members. An entity created pursuant to this section	66556
is exempt from all state and local taxes.	66557

(9) Any political subdivision, other than an agency or	66558
instrumentality, may issue general obligation bonds, or special	66559
obligation bonds that are not payable from real or personal	66560
property taxes, and may also issue notes in anticipation of such	66561
bonds, pursuant to an ordinance or resolution of its legislative	66562
authority or other governing body for the purpose of providing	66563
funds to pay expenses associated with the settlement of claims,	66564
whether by way of a reserve or otherwise, and to pay the political	66565
subdivision's portion of the cost of establishing and maintaining	66566
an individual or joint self-insurance program or to provide for	66567
the reserve in the special fund authorized by division (C)(2) of	66568
this section.	66569

In its ordinance or resolution authorizing bonds or notes	66570
under this section, a political subdivision may elect to issue	66571
such bonds or notes under the procedures set forth in Chapter 133.	66572
of the Revised Code. In the event of such an election,	66573
notwithstanding Chapter 133. of the Revised Code, the maturity of	66574
the bonds may be for any period authorized in the ordinance or	66575
resolution not exceeding twenty years, which period shall be the	66576
maximum maturity of the bonds for purposes of section 133.22 of	66577
the Revised Code.	66578

Bonds and notes issued under this section shall not be	66579
considered in calculating the net indebtedness of the political	66580
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	66581
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	66582
hereby made applicable to bonds or notes authorized under this	66583
section.	66584

(10) A joint self-insurance program is not an insurance	66585
company. Its operation does not constitute doing an insurance	66586
business and is not subject to the insurance laws of this state.	66587

(D) A political subdivision may procure group life insurance	66588
for its employees in conjunction with an individual or joint	66589
self-insurance program authorized by this section, provided that	66590
the policy of group life insurance is not self-insured.	66591

(E) Divisions (C)(1), (2), and (4) of this section do not	66592
apply to individual self-insurance programs in municipal	66593
corporations, townships, or counties.	66594

(F) A public official or employee of a political subdivision	66595
who is or becomes a member of the governing body of the program	66596
administrator of a joint self-insurance program in which the	66597
political subdivision participates is not in violation of division	66598
(D) or (E) of section 102.03, division (C) of section 102.04, or	66599
section 2921.42 of the Revised Code as a result of either of the	66600
following:	66601

(1) The political subdivision's entering under this section	66602
into the written agreement to participate in the joint	66603
self-insurance program;	66604

(2) The political subdivision's entering under this section	66605
into any other contract with the joint self-insurance program.	66606

Sec. 9.90. (A) The governing board of any public institution	66607
of higher education, including without limitation state	66608
universities and colleges, community college districts, university	66609
branch districts, technical college districts, and municipal	66610
universities, may, in addition to all other powers provided in the	66611
Revised Code:	66612

(1) Contract for, purchase, or otherwise procure from an	66613
insurer or insurers licensed to do business by the state of Ohio	66614
for or on behalf of such of its employees as it may determine,	66615
life insurance, or sickness, accident, annuity, endowment, health,	66616
medical, hospital, dental, or surgical coverage and benefits, or	66617
any combination thereof, by means of insurance plans or other	66618
types of coverage, family, group or otherwise, and may pay from	66619
funds under its control and available for such purpose all or any	66620
portion of the cost, premium, or charge for such insurance,	66621
coverage, or benefits. However, the governing board, in addition	66622
to or as an alternative to the authority otherwise granted by	66623
division (A)(1) of this section, may elect to procure coverage for	66624
health care services, for or on behalf of such of its employees as	66625
it may determine, by means of policies, contracts, certificates,	66626
or agreements issued by at least two health insuring corporations	66627
holding a certificate of authority under Chapter 1751. of the	66628
Revised Code and may pay from funds under the governing board's	66629
control and available for such purpose all or any portion of the	66630
cost of such coverage.	66631

(2) Make payments to a custodial account for investment in	66632
regulated investment company stock for the purpose of providing	66633
retirement benefits as described in section 403(b)(7) of the	66634
Internal Revenue Code of 1954, as amended. Such stock shall be	66635
purchased only from persons authorized to sell such stock in this	66636
state.	66637

Any income of an employee deferred under divisions (A)(1) and	66638
(2) of this section in a deferred compensation program eligible	66639
for favorable tax treatment under the Internal Revenue Code of	66640
1954, as amended, shall continue to be included as regular	66641
compensation for the purpose of computing the contributions to and	66642
benefits from the retirement system of such employee. Any sum so	66643
deferred shall not be included in the computation of any federal	66644
and state income taxes withheld on behalf of any such employee.	66645

(B) All or any portion of the cost, premium, or charge	66646
therefor may be paid in such other manner or combination of	66647
manners as the governing board may determine, including direct	66648
payment by the employee in cases under division (A)(1) of this	66649
section, and, if authorized in writing by the employee in cases	66650
under division (A)(1) or (2) of this section, by such governing	66651
board with moneys made available by deduction from or reduction in	66652
salary or wages or by the foregoing of a salary or wage increase.	66653
Nothing in section 3917.01 or section 3917.06 of the Revised Code	66654
shall prohibit the issuance or purchase of group life insurance	66655
authorized by this section by reason of payment of premiums	66656
therefor by the governing board from its funds, and such group	66657
life insurance may be so issued and purchased if otherwise	66658
consistent with the provisions of sections 3917.01 to 3917.07 of	66659
the Revised Code.	66660

(C) The board of education of any school district may	66661
exercise any of the powers granted to the governing boards of	66662
public institutions of higher education under divisions (A) and	66663
(B) of this section, except in relation to the provision of health	66664
care benefits to employees. All health care benefits provided to	66665
persons employed by the public schools of this state shall be	66666
~~medical~~health care plans ~~designed~~that contain best practices	66667
established by the school employees health care board pursuant to	66668
section 9.901 of the Revised Code.	66669

Sec. 9.901. (A)(1) All health care benefits provided to	66670
persons employed by the public ~~schools~~school districts of this	66671
state shall be provided by ~~medical~~health care plans ~~designed~~that	66672
contain best practices established pursuant to this section by the	66673
school employees health care board. ~~The board, in consultation~~	66674
~~with the superintendent of insurance, shall negotiate with and, in~~	66675
~~accordance with the competitive selection procedures of Chapter~~	66676
~~125. of the Revised Code, contract with one or more insurance~~	66677
~~companies authorized to do business in this state for the issuance~~	66678
~~of the plans.~~Twelve months after the release of best practices by	66679
the board all policies or contracts for health care benefits	66680
provided to public school district employees that are issued or	66681
renewed after the expiration of any applicable collective	66682
bargaining agreement must contain best practices established	66683
pursuant to this section by the board. Any or all of the ~~medical~~	66684
health care plans ~~designed~~that contain best practices specified	66685
by the board may be self-insured. ~~All self-insured plans adopted~~	66686
~~shall be administered by the board in accordance with this~~	66687
~~section.~~ As used in this section, a "public school district" means	66688
~~a school in~~ a city, local, exempted village, or joint vocational	66689
school district, and includes the educational service centers	66690
associated with those ~~schools~~districts but not charter schools.	66691

(2) ~~Prior to soliciting proposals from insurance companies~~	66692
~~for the issuance of medical plans, the board shall determine what~~	66693
~~geographic regions exist in the state based on the availability of~~	66694
~~providers, networks, costs, and other factors relating to~~	66695
~~providing health care benefits. The board shall then determine~~	66696
~~what medical plans are offered by school districts and existing~~	66697
~~consortiums in the state. The board shall determine what medical~~	66698
~~plan offered by a school district or existing consortium in the~~	66699
~~region offers the lowest premium cost plan.~~	66700

~~(3) The board shall develop a request for proposals and~~	66701
~~solicit bids for medical plans for the school districts in a~~	66702
~~region similar to the existing plans. The board shall also~~	66703
~~determine the benefits offered by existing medical plans, the~~	66704
~~employees' costs, and the cost-sharing arrangements used by public~~	66705
~~schools participating in a consortium. The board shall determine~~	66706
~~what strategies are used by the existing medical plans to manage~~	66707
~~health care costs and shall study the potential benefits of state~~	66708
~~or regional consortiums of public schools offering multiple health~~	66709
~~care plans.~~	66710

~~(4)~~ As used in this section~~, a~~:

66711

(a) A "~~medical~~health care plan" includes group policies,	66712
contracts, and agreements that provide hospital, surgical, or	66713
medical expense coverage, including self-insured plans. A "~~medical~~	66714
health care plan" does not include an individual plan offered to	66715
the employees of a public school district, or a plan that provides	66716
coverage only for dental services, vision services, specific	66717
disease or accidents, or a hospital indemnity, medicare	66718
supplement, or other plan including a group voluntary plan that	66719
provides only supplemental benefits, paid for by the employees of	66720
a public school district.	66721

(b) A "health plan sponsor" means a public school district, a	66722
consortium of public school districts, or a council of	66723
governments.	66724

(B) The school employees health care board is hereby created.	66725
The school employees health care board shall consist of the	66726
following ~~nine~~twelve members and shall include individuals with	66727
experience with public school district benefit programs, health	66728
care industry providers, and ~~medical~~health care plan	66729
beneficiaries:	66730

(1) ~~Three~~Four members appointed by the governor, one of whom	66731
shall be representative of nonadministrative public school	66732
district employees;	66733

(2) ~~Three~~Four members appointed by the president of the	66734
senate, one of whom shall be representative of nonadministrative	66735
public school district employees;	66736

(3) ~~Three~~Four members appointed by the speaker of the house	66737
of representatives, one of whom shall be representative of	66738
nonadministrative public school district employees.	66739

A member of the school employees health care board shall not	66740
be employed by, represent, or in any way be affiliated with a	66741
private entity that is providing services to the board, an	66742
individual school district, employers, or employees in the state	66743
of Ohio.	66744

(C)(1) Members of the school employees health care board	66745
shall serve four-year terms~~; however, one of each of the initial~~	66746
~~members appointed under divisions (B)(1) to (3) of this section~~	66747
~~shall be appointed to a term of one year. The initial appointments~~	66748
~~under this section shall be made within forty-five days after~~	66749
~~September 29, 2005~~, but may be reappointed, except as otherwise	66750
specified in division (B) of this section.	66751

~~Members' terms shall end on the twenty-ninth day of~~	66752
~~September, but a~~A member shall continue to serve subsequent to	66753
the expiration of the member's term until a successor is	66754
appointed. Any vacancy occurring during a member's term shall be	66755
filled in the same manner as the original appointment, except that	66756
the person appointed to fill the vacancy shall be appointed to the	66757
remainder of the unexpired term.	66758

(2) Members shall ~~serve without~~receive compensation ~~but~~	66759
fixed pursuant to division (J) of section 124.15 of the Revised	66760
Code and shall be reimbursed from the school employees health care	66761
fund for actual and necessary expenses incurred in the performance	66762
of their official duties as members of the board.	66763

(3) Members may be removed by their appointing authority for	66764
misfeasance, malfeasance, incompetence, dereliction of duty, or	66765
other just cause.	66766

(D)(1) ~~The governor shall call the first meeting of the~~	66767
~~school employees health care board. At that meeting, and annually~~	66768
~~thereafter~~At the first meeting of the board after the first day	66769
of January of each calendar year, the board shall elect a	66770
chairperson and may elect members to other positions on the board	66771
as the board considers necessary or appropriate. The board shall	66772
meet at least ~~four~~nine times each calendar year and shall also	66773
meet at the call of the chairperson or ~~three~~four or more board	66774
members. The chairperson shall provide reasonable advance notice	66775
of the time and place of board meetings to all members.	66776

(2) A majority of the board constitutes a quorum for the	66777
transaction of business at a board meeting. A majority vote of the	66778
members present is necessary for official action.	66779

(E) The school employees health care board shall conduct its	66780
business at open meetings; however, the records of the board are	66781
not public records for purposes of section 149.43 of the Revised	66782
Code.	66783

(F) The school employees health care fund is hereby created	66784
in the state treasury. ~~The public schools shall pay all school~~	66785
~~employees health care board plan premiums in the manner prescribed~~	66786
~~by the school employees health care board to the board for deposit~~	66787
~~into the school employees health care fund. All~~The board shall	66788
use all funds in the school employees health care fund ~~shall be~~	66789
~~used~~ solely ~~for the provision of health care benefits to public~~	66790
~~schools employees pursuant to this section~~to carry out the	66791
provisions of this section and related administrative costs.	66792
~~Premiums received by the board or insurance companies contracted~~	66793
~~pursuant to division (A) of this section are not subject to any~~	66794
~~state insurance premium tax.~~	66795

(G) The school employees health care board shall do all of	66796
the following:	66797

(1) ~~Design multiple medical plans, including regional plans,~~	66798
~~to provide, in the board's judgment, the optimal combination of~~	66799
~~coverage, cost, choice, and stability of health cost benefits. The~~	66800
~~board may establish more than one tier of premium rates for any~~	66801
~~medical plan. The board shall establish regions as necessary for~~	66802
~~the implementation of the board's medical plans. Plans and premium~~	66803
~~rates may vary across the regions established by the board.~~	66804

~~(2) Set an aggregate goal for employee and employer portions~~	66805
~~of premiums for the board's medical plans so as to manage plan~~	66806
~~participation and encourage the use of value-based plan~~	66807
~~participation by employees;~~	66808

~~(3) Set employer and employee plan copayments, deductibles,~~	66809
~~exclusions, limitations, formularies, premium shares, and other~~	66810
~~responsibilities;~~	66811

~~(4) Include disease management and consumer education~~	66812
~~programs, to the extent that the board determines is appropriate,~~	66813
~~in all medical plans designed by the board, which programs shall~~	66814
~~include, but are not limited to, wellness programs and other~~	66815
~~measures designed to encourage the wise use of medical plan~~	66816
~~coverage. These programs are not services or treatments for~~	66817
~~purposes of section 3901.71 of the Revised Code.~~	66818

~~(5) Create and distribute to the governor, the speaker of the~~	66819
~~house of representatives, and the president of the senate, an~~	66820
~~annual report covering the plan background; plan coverage options;~~	66821
~~plan administration, including procedures for monitoring and~~	66822
~~managing objectives, scope, and methodology; plan operations;~~	66823
~~employee and employer contribution rates and the relationship~~	66824
~~between the rates and the school employees health care fund~~	66825
~~balance; a means to develop and maintain identity and evaluate~~	66826
~~alternative employee and employer cost-sharing strategies; an~~	66827
~~evaluation of the effectiveness of cost-saving services and~~	66828
~~programs; an evaluation of efforts to control and manage member~~	66829
~~eligibility and to insure that proper employee and employer~~	66830
~~contributions are remitted to the trust fund; efforts to prevent~~	66831
~~and detect fraud; and efforts to manage and monitor board~~	66832
~~contracts;~~Adopt and release a set of standards that shall be	66833
considered the best practices to which public school districts	66834
shall adhere in the selection and implementation of health care	66835
plans. The standards developed by the board shall not duplicate or	66836
conflict with existing requirements with which health insuring	66837
corporations and sickness and accident insurers must comply	66838
pursuant to Chapters 1751. and 3923. of the Revised Code.	66839

(2) Require that the plans the health plan sponsors	66840
administer make readily available to the public all cost and	66841
design elements of the plan;	66842

(3) Work with health plan sponsors through educational	66843
outlets and consultation;	66844

(4) Maintain a commitment to transparency and public access	66845
of its meetings and activity pursuant to division (E) of this	66846
section;	66847

(5) Promote cooperation among all organizations affected by	66848
this section in identifying the elements for the successful	66849
implementation of this section;	66850

(6) ~~Utilize~~Promote cost containment measures aligned with	66851
patient, plan, and provider management strategies in developing	66852
and managing ~~medical~~health care plans;	66853

(7) Prepare and disseminate to the public an annual report on	66854
the status of health plan sponsors' effectiveness in making	66855
progress to reduce the rate of increase in insurance premiums and	66856
employee out of pocket expenses, as well as progress in improving	66857
the health status of school district employees and their families.	66858

(H) The sections in Chapter 3923. of the Revised Code	66859
regulating public employee benefit plans are not applicable to the	66860
~~medical~~health care plans designed pursuant to this section.	66861

(I)~~(1) Public schools are not subject to this section prior~~	66862
~~to the release of medical plans designed pursuant to this section.~~	66863

~~(2) Prior to the school employees health care board's release~~	66864
~~of the board's initial medical plans, the~~The board ~~shall~~may	66865
contract with anone or more independent ~~consultant~~consultants to	66866
analyze costs related to employee health care benefits provided by	66867
existing public school district plans in this state. The	66868
~~consultant shall determine~~consultants may evaluate the benefits	66869
offered by existing ~~medical~~health care plans, the employees'	66870
costs, and the cost-sharing arrangements used by public ~~schools~~	66871
school districts either participating in a consortium or by other	66872
means. The ~~consultant shall determine~~consultants may evaluate	66873
what strategies are used by the existing ~~medical~~health care plans	66874
to manage health care costs ~~and shall study the potential benefits~~	66875
~~of state or regional consortiums of public schools offering~~	66876
~~multiple health care plans~~. Based on the findings of the analysis,	66877
the ~~consultant shall~~consultants may submit written	66878
recommendations to the board for the development and	66879
implementation of a successful ~~program~~best practices and programs	66880
for ~~pooling~~improving school districts' ~~purchasing power for the~~	66881
~~acquisition of employee medical~~health care plans. ~~The~~	66882
~~consultant's recommendations shall address, at a minimum, all of~~	66883
~~the following issues:~~	66884

~~(a) The establishment of regions for the provision of medical~~	66885
~~plans, based on the availability of providers and plans in the~~	66886
~~state at the time that the school employees health care board is~~	66887
~~established;~~	66888

~~(b) The use of regional preferred provider and closed panel~~	66889
~~plans, health savings accounts, and alternative medical plans, to~~	66890
~~stabilize both costs and the premiums charged school districts and~~	66891
~~district employees;~~	66892

~~(c) The development of a system to obtain eligibility data~~	66893
~~and data compiled pursuant to the "Consolidated Omnibus Budget~~	66894
~~Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C.~~	66895
~~1161, as amended;~~	66896

~~(d) The use of the competitive bidding process for regional~~	66897
~~medical plans;~~	66898

~~(e) The development of a timeline planning for the design and~~	66899
~~use of board medical plans by not later than December 31, 2007;~~	66900

~~(f) The use of information on claims and costs and of~~	66901
~~information reported by districts pursuant to COBRA in analyzing~~	66902
~~administrative and premium costs;~~	66903

~~(g) The experience of states that have mandated statewide~~	66904
~~medical plans for public school employees, including the~~	66905
~~implementation strategies used by those states;~~	66906

~~(h) Recommended strategies for the use of first-year roll-in~~	66907
~~premiums in the transition from district medical plans to school~~	66908
~~employees health care board plans;~~	66909

~~(i) The option of allowing school districts to join an~~	66910
~~existing regional consortium as an alternative to school employees~~	66911
~~health care board plans;~~	66912

~~(j) Mandatory and optional coverages to be offered by the~~	66913
~~board's medical plans;~~	66914

~~(k) Potential risks to the state from the use of medical~~	66915
~~plans developed pursuant to this section;~~	66916

~~(l) Any legislation needed to ensure the long-term financial~~	66917
~~solvency and stability of a health care purchasing system;~~	66918

~~(m) The potential impacts of any changes to the existing~~	66919
~~purchasing structure on all of the following:~~	66920

~~(i) Existing health care pooling and consortiums;~~

66921

~~(ii) School district employees;~~

66922

~~(iii) Individual school districts.~~

66923

~~(n) Issues that could arise when school districts transition~~	66924
~~from the existing purchasing structure to a new purchasing~~	66925
~~structure;~~	66926

~~(o) Strategies available to the board in the creation of fund~~	66927
~~reserves and the need for stop-loss insurance coverage for~~	66928
~~catastrophic losses;~~	66929

~~(p) Any legislation needed to establish and maintain medical~~	66930
~~plans designed pursuant to this section. The consultant shall~~	66931
~~submit all legislative recommendations not later than December 31,~~	66932
~~2006, in writing, to the school employees health care board and to~~	66933
~~the governor, the speaker of the house of representatives, and the~~	66934
~~president of the senate.~~	66935

~~(3)~~(J) The public schools health care advisory committee is	66936
hereby created under the school employees health care board. The	66937
committee shall make recommendations to the school employees	66938
health care board related to the board's accomplishment of the	66939
duties assigned to the board under this section. The committee	66940
shall consist of eighteen members. The governor~~, the speaker of~~	66941
~~the house of representatives, and the president of the senate~~	66942
~~shall each appoint a representative~~shall appoint two	66943
representatives each from the Ohio education association, the	66944
Ohio school boards association, and a health insuring corporation	66945
licensed to do business in Ohio and recommended by the Ohio	66946
association of Health Plans. The speaker shall appoint two	66947
representatives each from the Ohio association of school business	66948
officials, the Ohio federation of teachers, and the buckeye	66949
association of school administrators. The president of the senate	66950
shall appoint two representatives each from the Ohio association	66951
of health underwriters, an existing health care consortium	66952
serving public schools, ~~anda health insuring corporation~~	66953
~~licensed to do business in Ohio and recommended by the Ohio~~	66954
~~association of health plans~~and the Ohio association of public	66955
school employees. The initial appointees shall ~~be appointed to a~~	66956
~~one-year term not later than July 31, 2007, the members' term to~~	66957
~~begin on that date. Subsequent one-year~~serve until December 31,	66958
2007; subsequent two-year appointments, to commence on the	66959
~~thirty-first day of July~~first day of January of each year	66960
thereafter, and shall be made in the same manner. A member shall	66961
continue to serve subsequent to the expiration of the member's	66962
term until the member's successor is appointed. Any vacancy	66963
occurring during a member's term shall be filled in the same	66964
manner as the original appointment, except that the person	66965
appointed to fill the vacancy shall be appointed to the remainder	66966
of the unexpired term. The ~~governor shall call the first meeting~~	66967
~~of each newly appointed committee. At that meeting the board~~	66968
advisory committee shall elect a chairperson at its first meeting	66969
after the first day of January each year who shall call the time	66970
and place of future committee meetings in addition to the	66971
meetings that are to be held jointly with the school employees	66972
health care board. Committee members are not subject to the	66973
conditions for eligibility set by division (B) of this section for	66974
members of the school employees health care board.	66975

~~(4) The school employees health care board shall submit a~~	66976
~~written study to the governor and the general assembly not later~~	66977
~~than January 31, 2007, of a plan to operate in compliance with~~	66978
~~this section, and on the governance of the school employees health~~	66979
~~care board. A copy of the board's plan of operation, including~~	66980
~~audit provisions, shall accompany the report on the board's~~	66981
~~governance and the report shall include the board's~~	66982
~~recommendations on any legislation needed to enforce the~~	66983
~~recommendations of the board on implementing the provisions of~~	66984
~~this section.~~	66985

~~(5) Not later than January 15, 2009, and not later than the~~	66986
~~same day of each subsequent year, the school employees health care~~	66987
~~board shall submit a written report to the governor and each~~	66988
~~member of the general assembly, which report evaluates the~~	66989
~~performance of school employees health care board medical plans~~	66990
~~during the previous year. Districts offering employee health care~~	66991
~~benefits through a plan offered by a consortium of two or more~~	66992
~~districts, or a consortium of one or more districts and one or~~	66993
~~more political subdivisions as defined in section 9.833 of the~~	66994
~~Revised Code, representing five thousand or more employees as of~~	66995
~~January 1, 2005, may request permission from the school employees~~	66996
~~health care board to continue offering consortium plans to the~~	66997
~~districts' employees at the discretion of the board. If the board~~	66998
~~grants permission, the permission is valid for only one year but~~	66999
~~may be renewed annually thereafter upon application to an approval~~	67000
~~of the board. The board shall grant initial or continued approval~~	67001
~~upon finding, based on an actuarial evaluation of the existing~~	67002
~~consortium plan offerings, that benefit design, premium costs,~~	67003
~~administrative cost, and other factors considered by the board are~~	67004
~~equivalent to or lower than comparable costs of the board's plan~~	67005
~~options offered to the local district. Age and gender adjustments,~~	67006
~~benefit comparison adjustments, and the total cost of the~~	67007
~~consortium plan, including administration, benefit cost, stop-loss~~	67008
~~insurance, and all other expenses or information requested by the~~	67009
~~board shall be presented to the board prior to the board's~~	67010
~~decision to allow a local district to continue to offer health~~	67011
~~care benefits under a consortium plan. A district shall not~~	67012
~~participate in the consortium plan once the district has chosen to~~	67013
~~offer plans designed by the board to the district's employees and~~	67014
~~begins premium payments for deposit into the school employees~~	67015
~~health care fund.~~	67016

~~(6)~~(K) The board may adopt rules for the enforcement of	67017
health plan sponsors' compliance with the best practices standards	67018
adopted by the board pursuant to this section.	67019

(L) Any districts providing ~~medical~~health care plan coverage	67020
for the employees of public ~~schools, or that have provided~~	67021
~~coverage within two years prior to September 29, 2005,~~school	67022
districts shall provide nonidentifiable aggregate claims data for	67023
the coverage to the school employees health care board ~~or the~~	67024
~~department of administrative services~~, without charge, within	67025
~~thirty~~sixty days after receiving a written request from the board	67026
~~or the department~~. The claims data shall include data relating to	67027
employee group benefit sets, demographics, and claims experience.	67028

~~(J)~~(M)(1) The school employees health care board may contract	67029
with other state agencies for services as the board deems	67030
necessary for the implementation and operation of this section,	67031
based on demonstrated experience and expertise in administration,	67032
management, data handling, actuarial studies, quality assurance,	67033
or for other needed services. The school employees health care	67034
board ~~shall~~may contract with the department of administrative	67035
services for central services until such time the board isdeems	67036
itself able to obtain such services from its own staff or from	67037
other sources. The board shall reimburse the department of	67038
administrative services for the reasonable cost of those services.	67039

~~(K) The board's administrative functions shall include, but~~	67040
~~are not limited to, the following:~~	67041

~~(1) Maintaining reserves in the school employees health care~~	67042
~~fund, reinsurance, and other measures that in the judgment of the~~	67043
~~board will result in the long-term stability and solvency of the~~	67044
~~medical plans designed by the board. The board shall bill school~~	67045
~~districts, in proportion to a district's premium payments to all~~	67046
~~premium payments paid into the school employees health care fund~~	67047
~~during the previous year, in order to maintain necessary reserves,~~	67048
~~reinsurance, and administrative and operating funds. Each school~~	67049
~~district contributing to a board medical plan shall share any~~	67050
~~losses due to the expense of claims paid by the plan. In the event~~	67051
~~of a loss, the board may bill each district an amount, in~~	67052
~~proportion to the district's premium payments to all premium~~	67053
~~payments paid into the school employees health care fund during~~	67054
~~the previous year, sufficient in total to cover the loss. The~~	67055
~~state is not liable for any obligations of the school employees~~	67056
~~health care board or the school employees health care fund, or for~~	67057
~~expenses of public schools or school districts related to the~~	67058
~~board's medical plans.~~	67059

~~(2) Providing health care information, wellness programs, and~~	67060
~~other preventive health care measures to medical plan~~	67061
~~beneficiaries, to the extent that the board determines to be~~	67062
~~appropriate;~~	67063

~~(3) Coordinating contracts for services related to the~~	67064
~~board's medical plans. Contracts shall be approved by the school~~	67065
~~employees health care board.~~	67066

~~(L)~~(2) The board shall hire staff as necessary to provide	67067
administrative support to the board and the public school employee	67068
health care plan program established by this section.	67069

(N) Not ~~less~~more than ninety days before coverage begins for	67070
public school district employees under ~~medical~~health care plans	67071
~~designed by~~containing best practices prescribed by the school	67072
employees health care board, a public school district's board of	67073
education shall provide detailed information about the ~~medical~~	67074
health care plans to the employees.	67075

~~(M)~~(O) Nothing in this section shall be construed as	67076
prohibiting public ~~schools or~~ school districts from consulting	67077
with and compensating insurance agents and brokers for	67078
professional services.	67079

~~(N) The department of administrative services shall report to~~	67080
~~the governor, the speaker of the house of representatives, and the~~	67081
~~president of the senate not later than April 30, 2007, on the~~	67082
~~feasibility of achieving all of the following:~~	67083

~~(1) Designing multiple medical plans to cover persons~~	67084
~~employed by public institutions of higher education that achieve~~	67085
~~an optimal combination of coverage, cost, choice, and stability,~~	67086
~~which plans include both state and regional preferred provider~~	67087
~~plans, set employee and employer premiums, and set employee plan~~	67088
~~copayments, deductibles, exclusions, limitations, formularies, and~~	67089
~~other responsibilities. For this purpose, "public institutions of~~	67090
~~higher education" include, without limitation, state universities~~	67091
~~and colleges, state community college districts, community college~~	67092
~~districts, university branch districts, technical college~~	67093
~~districts, and municipal universities.~~	67094

~~(2) Maintaining reserves, reinsurance, and other measures to~~	67095
~~insure the long-term stability and solvency of the medical plans;~~	67096

~~(3) Providing appropriate health care information, wellness~~	67097
~~programs, and other preventive health care measures to medical~~	67098
~~plan beneficiaries;~~	67099

~~(4) Coordinating contracts for services related to the~~	67100
~~medical plans.~~	67101

(P)(1) Pursuant to Chapter 117. of the Revised Code, the	67102
auditor of state shall conduct all necessary and required audits	67103
of the board. The auditor of state, upon request, also shall	67104
furnish to the board copies of audits of public school districts	67105
or consortia performed by the auditor of state.	67106

(2) Annually, the superintendent of insurance shall evaluate	67107
the performance of the school employee health care board best	67108
practices during the previous year and submit the results in	67109
writing to the governor and the general assembly. The	67110
superintendent also shall include in the audit of the health care	67111
plans of the health plan sponsors for which the superintendent has	67112
jurisdiction for a determination of adherence to the best	67113
practices established by the board.	67114

Sec. 3311.19. (A) The management and control of a joint	67115
vocational school district shall be vested in the joint vocational	67116
school district board of education. Where a joint vocational	67117
school district is composed only of two or more local school	67118
districts located in one county, or when all the participating	67119
districts are in one county and the boards of such participating	67120
districts so choose, the educational service center governing	67121
board of the county in which the joint vocational school district	67122
is located shall serve as the joint vocational school district	67123
board of education. Where a joint vocational school district is	67124
composed of local school districts of more than one county, or of	67125
any combination of city, local, or exempted village school	67126
districts or educational service centers, unless administration by	67127
the educational service center governing board has been chosen by	67128
all the participating districts in one county pursuant to this	67129
section, the board of education of the joint vocational school	67130
district shall be composed of one or more persons who are members	67131
of the boards of education from each of the city or exempted	67132
village school districts or members of the educational service	67133
centers' governing boards affected to be appointed by the boards	67134
of education or governing boards of such school districts and	67135
educational service centers. In such joint vocational school	67136
districts the number and terms of members of the joint vocational	67137
school district board of education and the allocation of a given	67138
number of members to each of the city and exempted village	67139
districts and educational service centers shall be determined in	67140
the plan for such district, provided that each such joint	67141
vocational school district board of education shall be composed of	67142
an odd number of members.	67143

(B) Notwithstanding division (A) of this section, a governing	67144
board of an educational service center that has members of its	67145
governing board serving on a joint vocational school district	67146
board of education may make a request to the joint vocational	67147
district board that the joint vocational school district plan be	67148
revised to provide for one or more members of boards of education	67149
of local school districts that are within the territory of the	67150
educational service district and within the joint vocational	67151
school district to serve in the place of or in addition to its	67152
educational service center governing board members. If agreement	67153
is obtained among a majority of the boards of education and	67154
governing boards that have a member serving on the joint	67155
vocational school district board of education and among a majority	67156
of the local school district boards of education included in the	67157
district and located within the territory of the educational	67158
service center whose board requests the substitution or addition,	67159
the state board of education may revise the joint vocational	67160
school district plan to conform with such agreement.	67161

(C) If the board of education of any school district or	67162
educational service center governing board included within a joint	67163
vocational district that has had its board or governing board	67164
membership revised under division (B) of this section requests the	67165
joint vocational school district board to submit to the state	67166
board of education a revised plan under which one or more joint	67167
vocational board members chosen in accordance with a plan revised	67168
under such division would again be chosen in the manner prescribed	67169
by division (A) of this section, the joint vocational board shall	67170
submit the revised plan to the state board of education, provided	67171
the plan is agreed to by a majority of the boards of education	67172
represented on the joint vocational board, a majority of the local	67173
school district boards included within the joint vocational	67174
district, and each educational service center governing board	67175
affected by such plan. The state board of education may revise the	67176
joint vocational school district plan to conform with the revised	67177
plan.	67178

(D) The vocational schools in such joint vocational school	67179
district shall be available to all youth of school age within the	67180
joint vocational school district subject to the rules adopted by	67181
the joint vocational school district board of education in regard	67182
to the standards requisite to admission. A joint vocational school	67183
district board of education shall have the same powers, duties,	67184
and authority for the management and operation of such joint	67185
vocational school district as is granted by law, except by this	67186
chapter and Chapters 124., 3317., 3323., and 3331. of the Revised	67187
Code, to a board of education of a city school district, and shall	67188
be subject to all the provisions of law that apply to a city	67189
school district, except such provisions in this chapter and	67190
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	67191

(E) Where a governing board of an educational service center	67192
has been designated to serve as the joint vocational school	67193
district board of education, the educational service center	67194
superintendent shall be the executive officer for the joint	67195
vocational school district, and the governing board may provide	67196
for additional compensation to be paid to the educational service	67197
center superintendent by the joint vocational school district, but	67198
the educational service center superintendent shall have no	67199
continuing tenure other than that of educational service center	67200
superintendent. The superintendent of schools of a joint	67201
vocational school district shall exercise the duties and authority	67202
vested by law in a superintendent of schools pertaining to the	67203
operation of a school district and the employment and supervision	67204
of its personnel. The joint vocational school district board of	67205
education shall appoint a treasurer of the joint vocational school	67206
district who shall be the fiscal officer for such district and who	67207
shall have all the powers, duties, and authority vested by law in	67208
a treasurer of a board of education. Where a governing board of an	67209
educational service center has been designated to serve as the	67210
joint vocational school district board of education, such board	67211
may appoint the educational service center superintendent as the	67212
treasurer of the joint vocational school district.	67213

(F) Each member of a joint vocational school district board	67214
of education may be paid such compensation as the board provides	67215
by resolution, but it shall not exceed one hundred twenty-five	67216
dollars per member for each meeting attended plus mileage, at the	67217
rate per mile provided by resolution of the board, to and from	67218
meetings of the board.	67219

The board may provide by resolution for the deduction of	67220
amounts payable for benefits under section 3313.202 of the Revised	67221
Code.	67222

Each member of a joint vocational school district board may	67223
be paid such compensation as the board provides by resolution for	67224
attendance at an approved training program, provided that such	67225
compensation shall not exceed sixty dollars per day for attendance	67226
at a training program three hours or fewer in length and one	67227
hundred twenty-five dollars a day for attendance at a training	67228
program longer than three hours in length. However, no board	67229
member shall be compensated for the same training program under	67230
this section and section 3313.12 of the Revised Code.	67231

Sec. 3313.12. Each member of the educational service center	67232
governing board may be paid such compensation as the governing	67233
board provides by resolution, provided that any such compensation	67234
shall not exceed one hundred twenty-five dollars a day plus	67235
mileage both ways, at the rate per mile provided by resolution of	67236
the governing board, for attendance at any meeting of the board.	67237
Such compensation and the expenses of the educational service	67238
center superintendent, itemized and verified, shall be paid from	67239
the educational service center governing board fund upon vouchers	67240
signed by the president of the governing board.	67241

The board of education of any city, local, or exempted	67242
village school district may provide by resolution for compensation	67243
of its members, provided that such compensation shall not exceed	67244
one hundred twenty-five dollars per member for meetings attended.	67245
The board may provide by resolution for the deduction of amounts	67246
payable for benefits under section 3313.202 of the Revised Code.	67247

Each member of a district board or educational service center	67248
governing board may be paid such compensation as the respective	67249
board provides by resolution for attendance at an approved	67250
training program, provided that such compensation shall not exceed	67251
sixty dollars a day for attendance at a training program three	67252
hours or fewer in length and one hundred twenty-five dollars a day	67253
for attendance at a training program longer than three hours in	67254
length.	67255

Sec. 3313.202. Any elected or appointed member of the board	67256
of education of a school district and the dependent children and	67257
spouse of the member may be covered, at the option of the member,	67258
under any ~~medical~~health care plan ~~designed~~containing best	67259
practices prescribed by the school employees health care board	67260
under section 9.901 of the Revised Code. The member shall pay all	67261
premiums for that coverage. Payments for such coverage shall be	67262
made, in advance, in a manner prescribed by the school employees	67263
health care board. The member's exercise of an option to be	67264
covered under this section shall be in writing, announced at a	67265
regular public meeting of the board of education, and recorded as	67266
a public record in the minutes of the board.	67267

Sec. 3313.33. (A) Conveyances made by a board of education	67268
shall be executed by the president and treasurer thereof.	67269

(B) Except as provided in division (C) of this section, no	67270
member of the board shall have, directly or indirectly, any	67271
pecuniary interest in any contract of the board or be employed in	67272
any manner for compensation by the board of which the person is a	67273
member. No contract shall be binding upon any board unless it is	67274
made or authorized at a regular or special meeting of such board.	67275

(C) A member of the board may have a pecuniary interest in a	67276
contract of the board if all of the following apply:	67277

(1) The member's pecuniary interest in that contract is that	67278
the member is employed by a political subdivision,	67279
instrumentality, or agency of the state that is contracting with	67280
the board;	67281

(2) The member does not participate in any discussion or	67282
debate regarding the contract or vote on the contract;	67283

(3) The member files with the school district treasurer an	67284
affidavit stating the member's exact employment status with the	67285
political subdivision, instrumentality, or agency contracting with	67286
the board.	67287

(D) This section does not apply where a member of the board,	67288
being a shareholder of a corporation but not being an officer or	67289
director thereof, owns not in excess of five per cent of the stock	67290
of such corporation. If a stockholder desires to avail self of the	67291
exception, before entering upon such contract such person shall	67292
first file with the treasurer an affidavit stating the	67293
stockholder's exact status and connection with said corporation.	67294

This section does not apply where a member of the board	67295
elects to be covered by a ~~medical~~health care plan under section	67296
3313.202 of the Revised Code.	67297

Sec. 4117.03. (A) Public employees have the right to:

67298

(1) Form, join, assist, or participate in, or refrain from	67299
forming, joining, assisting, or participating in, except as	67300
otherwise provided in Chapter 4117. of the Revised Code, any	67301
employee organization of their own choosing;	67302

(2) Engage in other concerted activities for the purpose of	67303
collective bargaining or other mutual aid and protection;	67304

(3) Representation by an employee organization;

67305

(4) Bargain collectively with their public employers to	67306
determine wages, hours, terms and other conditions of employment	67307
and the continuation, modification, or deletion of an existing	67308
provision of a collective bargaining agreement, and enter into	67309
collective bargaining agreements;	67310

(5) Present grievances and have them adjusted, without the	67311
intervention of the bargaining representative, as long as the	67312
adjustment is not inconsistent with the terms of the collective	67313
bargaining agreement then in effect and as long as the bargaining	67314
representatives have the opportunity to be present at the	67315
adjustment.	67316

(B) Persons on active duty or acting in any capacity as	67317
members of the organized militia do not have collective bargaining	67318
rights.	67319

(C) Except as provided in division (D) of this section,	67320
nothing in Chapter 4117. of the Revised Code prohibits public	67321
employers from electing to engage in collective bargaining, to	67322
meet and confer, to hold discussions, or to engage in any other	67323
form of collective negotiations with public employees who are not	67324
subject to Chapter 4117. of the Revised Code pursuant to division	67325
(C) of section 4117.01 of the Revised Code.	67326

(D) A public employer shall not engage in collective	67327
bargaining or other forms of collective negotiations with the	67328
employees of county boards of elections referred to in division	67329
(C)(12) of section 4117.01 of the Revised Code.	67330

(E)~~(1)~~ Employees of public ~~school~~schools may bargain	67331
collectively for health care benefits; however, all health care	67332
benefits shall ~~be provided through~~include best practices	67333
prescribed by the school employees health care board ~~medical~~	67334
~~plans~~, in accordance with section 9.901 of the Revised Code. ~~If a~~	67335
~~school district provides its employees with health care benefits~~	67336
~~pursuant to collective bargaining, the employees shall be~~	67337
~~permitted to choose a plan option from among the school employees~~	67338
~~health care board plans agreed to during collective bargaining.~~	67339

~~(2) During collective bargaining, employees of public schools~~	67340
~~may agree to pay a higher percentage of the premium for health~~	67341
~~benefit coverage under the plans designed by the school employees~~	67342
~~health care board pursuant to section 9.901 of the Revised Code~~	67343
~~than the percentage designated as the employees' contribution~~	67344
~~level by the board. A collective bargaining agreement, however,~~	67345
~~shall not permit the employees to contribute a lesser percentage~~	67346
~~of the premium than that set as the employees' contribution level~~	67347
~~by the school employees health care board, unless, in so doing,~~	67348
~~the participating school board is able to remain in compliance~~	67349
~~with the aggregate goal set pursuant to division (G)(3) of section~~	67350
~~9.901 of the Revised Code.~~	67351

Sec. 4117.08. (A) All matters pertaining to wages, hours, or	67352
terms and other conditions of employment and the continuation,	67353
modification, or deletion of an existing provision of a collective	67354
bargaining agreement are subject to collective bargaining between	67355
the public employer and the exclusive representative, except as	67356
otherwise specified in this section and division (E) of section	67357
4117.03 of the Revised Code.	67358

(B) The conduct and grading of civil service examinations,	67359
the rating of candidates, the establishment of eligible lists from	67360
the examinations, and the original appointments from the eligible	67361
lists are not appropriate subjects for collective bargaining.	67362

(C) Unless a public employer agrees otherwise in a collective	67363
bargaining agreement, nothing in Chapter 4117. of the Revised Code	67364
impairs the right and responsibility of each public employer to:	67365

(1) Determine matters of inherent managerial policy which	67366
include, but are not limited to areas of discretion or policy such	67367
as the functions and programs of the public employer, standards of	67368
services, its overall budget, utilization of technology, and	67369
organizational structure;	67370

(2) Direct, supervise, evaluate, or hire employees;

67371

(3) Maintain and improve the efficiency and effectiveness of	67372
governmental operations;	67373

(4) Determine the overall methods, process, means, or	67374
personnel by which governmental operations are to be conducted;	67375

(5) Suspend, discipline, demote, or discharge for just cause,	67376
or lay off, transfer, assign, schedule, promote, or retain	67377
employees;	67378

(6) Determine the adequacy of the work force;

67379

(7) Determine the overall mission of the employer as a unit	67380
of government;	67381

(8) Effectively manage the work force;

67382

(9) Take actions to carry out the mission of the public	67383
employer as a governmental unit.	67384

The employer is not required to bargain on subjects reserved	67385
to the management and direction of the governmental unit except as	67386
affect wages, hours, terms and conditions of employment, and the	67387
continuation, modification, or deletion of an existing provision	67388
of a collective bargaining agreement. A public employee or	67389
exclusive representative may raise a legitimate complaint or file	67390
a grievance based on the collective bargaining agreement.	67391

Section 130.03. Section 611.03 of Am. Sub. H.B. 66 of the	67392
126th General Assembly is hereby repealed.	67393

Section 130.04. Existing sections 9.833, 9.90, 9.901,	67394
3313.202, 3313.33, and 4117.03 of the Revised Code are hereby	67395
repealed.	67396

Section 130.05. The Governor, the President of the Senate,	67397
and the Speaker of the House of Representatives each shall appoint	67398
one additional member to the School Employees Health Care Board	67399
created pursuant to section 9.901 of the Revised Code. The initial	67400
terms of these additional members as well as the terms of the	67401
three current members whose terms are scheduled to end in	67402
September 2007, shall be extended and shall end on December 31,	67403
2008. The initial terms of the remaining six current members shall	67404
be extended and end on December 31, 2010. Thereafter, terms of	67405
office shall be as specified in section 9.901 of the Revised Code	67406
as it results from its amendment by this act.	67407

Section 201.01. Except as otherwise provided in this act,	67408
all appropriation items in this act are appropriated out of any	67409
moneys in the state treasury to the credit of the designated fund	67410
that are not otherwise appropriated. For all appropriations made	67411
in this act, the amounts in the first column are for fiscal year	67412
2008 and the amounts in the second column are for fiscal year	67413
2009.	67414

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

67415

General Services Fund Group	67416

4J8	889-601	CPA Education Assistance	$	325,000	$	325,000	67417
4K9	889-609	Operating Expenses	$	1,092,246	$	1,117,000	67418
TOTAL GSF General Services Fund							67419
Group			$	1,417,246	$	1,442,000	67420
TOTAL ALL BUDGET FUND GROUPS			$	1,417,246	$	1,442,000	67421

Section 205.10. ADJ ADJUTANT GENERAL

67423

General Revenue Fund	67424

GRF	745-401	Ohio Military Reserve	$	15,188	$	15,188	67425
GRF	745-404	Air National Guard	$	2,246,005	$	2,284,198	67426
GRF	745-407	National Guard Benefits	$	1,400,000	$	1,400,000	67427
GRF	745-409	Central Administration	$	4,295,778	$	4,460,069	67428
GRF	745-499	Army National Guard	$	5,064,836	$	5,169,368	67429
GRF	745-502	Ohio National Guard Unit Fund	$	102,973	$	102,973	67430
TOTAL GRF General Revenue Fund			$	13,124,780	$	13,431,796	67431

General Services Fund Group	67432

534	745-612	Property Operations/Management	$	534,304	$	534,304	67433
536	745-620	Camp Perry/Buckeye Inn Operations	$	1,202,970	$	1,202,970	67434
537	745-604	Ohio National Guard Facility Maintenance	$	269,826	$	269,826	67435
TOTAL GSF General Services Fund Group			$	2,007,100	$	2,007,100	67436

Federal Special Revenue Fund Group	67437

3E8	745-628	Air National Guard Agreement	$	14,100,000	$	14,906,820	67438
3R8	745-603	Counter Drug Operations	$	25,000	$	25,000	67439
341	745-615	Air National Guard Base Security	$	2,497,480	$	2,729,939	67440
342	745-616	Army National Guard Agreement	$	10,146,178	$	10,590,050	67441
TOTAL FED Federal Special Revenue Fund Group			$	26,768,658	$	28,251,809	67442

State Special Revenue Fund Group	67443

5U8	745-613	Community Match Armories	$	220,000	$	220,000	67444
528	745-605	Marksmanship Activities	$	128,600	$	128,600	67445
TOTAL SSR State Special Revenue Fund Group			$	348,600	$	348,600	67446

TOTAL ALL BUDGET FUND GROUPS

42,249,138

44,039,305

67447

NATIONAL GUARD BENEFITS

67448

The foregoing appropriation item 745-407, National Guard	67449
Benefits, shall be used for purposes of sections 5919.31 and	67450
5919.33 of the Revised Code, and for administrative costs of the	67451
associated programs.	67452

For active duty members of the Ohio National Guard who died	67453
after October 7, 2001, while performing active duty, the death	67454
benefit, pursuant to section 5919.33 of the Revised Code, shall be	67455
paid to the beneficiary or beneficiaries designated on the	67456
member's Servicemembers' Group Life Insurance Policy.	67457

STATE ACTIVE DUTY COSTS

67458

Of the foregoing appropriation item 745-409, Central	67459
Administration, $50,000 in each fiscal year shall be used for the	67460
purpose of paying expenses related to state active duty of members	67461
of the Ohio organized militia, in accordance with a proclamation	67462
of the Governor. Expenses include, but are not limited to, the	67463
cost of equipment, supplies, and services, as determined by the	67464
Adjutant General's Department.	67465

Of the foregoing appropriation item 745-409, Central	67466
Administration, up to $60,000 in each fiscal year of unspent and	67467
unencumbered funds remaining after meeting all other obligations	67468
of this appropriation shall be used for a grant to the American	67469
Red Cross Greater Columbus Chapter to be distributed equally to	67470
the Ohio chapters in existence on the effective date of this	67471
section. The funds from this grant shall be used for the Armed	67472
Forces Emergency Services program of the American Red Cross in	67473
Ohio to support members of the military and their families. Upon	67474
distribution of the funds, the American Red Cross Greater Columbus	67475
Chapter shall report to the Adjutant General on the actual	67476
distribution to the various chapters and any administrative costs	67477
associated with the distribution.	67478

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

67479

General Revenue Fund	67480

GRF	100-403	Public School Employee Benefits	$	1,425,000	$	1,425,000	67481
GRF	100-404	CRP Procurement Program	$	255,000	$	255,000	67482
GRF	100-405	Agency Audit Expenses	$	400,000	$	400,000	67483
GRF	100-406	County & University Human Resources Services	$	875,000	$	875,000	67484
GRF	100-410	Veterans' Records Conversion	$	46,170	$	46,171	67485
GRF	100-415	OAKS Rental Payments	$	14,162,000	$	14,165,000	67486
GRF	100-418	Web Sites and Business Gateway	$	3,270,473	$	3,270,083	67487
GRF	100-419	IT Security Infrastructure	$	1,500,000	$	1,500,000	67488
GRF	100-421	OAKS Project Implementation	$	375,000	$	375,000	67489
GRF	100-433	State of Ohio Computer Center	$	5,092,502	$	5,007,502	67490
GRF	100-439	Equal Opportunity Certification Programs	$	750,236	$	750,236	67491
GRF	100-447	OBA - Building Rent Payments	$	112,294,800	$	106,476,400	67492
GRF	100-448	OBA - Building Operating Payments	$	26,457,000	$	27,303,000	67493
GRF	100-449	DAS - Building Operating Payments	$	3,769,510	$	3,834,871	67494
GRF	100-451	Minority Affairs	$	52,927	$	52,927	67495
GRF	100-734	Major Maintenance - State Bldgs	$	42,000	$	42,000	67496
GRF	102-321	Construction Compliance	$	1,167,099	$	1,167,099	67497
GRF	130-321	State Agency Support Services	$	5,495,163	$	5,855,163	67498
TOTAL GRF General Revenue Fund			$	177,429,880	$	172,800,452	67499

General Services Fund Group	67500

112	100-616	DAS Administration	$	5,299,427	$	5,299,427	67501
115	100-632	Central Service Agency	$	860,878	$	928,403	67502
117	100-644	General Services Division - Operating	$	8,295,772	$	8,540,772	67503
122	100-637	Fleet Management	$	2,182,968	$	2,032,968	67504
125	100-622	Human Resources Division - Operating	$	19,890,614	$	20,560,614	67505
128	100-620	Collective Bargaining	$	3,464,533	$	3,662,534	67506
130	100-606	Risk Management Reserve	$	2,568,548	$	2,568,548	67507
131	100-639	State Architect's Office	$	7,348,483	$	7,544,164	67508
132	100-631	DAS Building Management	$	9,716,228	$	10,166,228	67509
133	100-607	IT Services Delivery	$	92,539,887	$	75,847,949	67510
188	100-649	Equal Opportunity Division - Operating	$	847,409	$	884,650	67511
201	100-653	General Services Resale Merchandise	$	1,553,000	$	1,553,000	67512
210	100-612	State Printing	$	5,681,421	$	5,436,421	67513
229	100-630	IT Governance	$	17,108,546	$	17,108,546	67514
4N6	100-617	Major IT Purchases	$	7,495,719	$	7,495,719	67515
4P3	100-603	DAS Information Services	$	4,793,190	$	4,958,218	67516
427	100-602	Investment Recovery	$	5,683,564	$	5,683,564	67517
5C2	100-605	MARCS Administration	$	11,069,291	$	11,069,291	67518
5C3	100-608	Skilled Trades	$	934,982	$	934,982	67519
5D7	100-621	Workforce Development	$	70,000	$	0	67520
5EB	100-635	OAKS Support Organization	$	19,132,671	$	19,132,671	67521
5L7	100-610	Professional Development	$	3,900,000	$	3,900,000	67522
5V6	100-619	Employee Educational Development	$	936,129	$	936,129	67523
5X3	100-634	Centralized Gateway Enhancement	$	974,023	$	974,023	67524
TOTAL GSF General Services Fund							67525
Group			$	232,347,283	$	217,218,821	67526

TOTAL ALL BUDGET FUND GROUPS

409,777,163

390,019,273

67527

Section 207.10.10. PUBLIC SCHOOL EMPLOYEE BENEFITS

67529

The foregoing appropriation item 100-403, Public School	67530
Employee Benefits, shall be used by the School Employees Health	67531
Care Board to hire staff to provide administrative support to the	67532
Board and other lawful uses of said fund as prescribed under	67533
section 9.901 of the Revised Code. This section succeeds Section	67534
203.12.02 of Am. Sub. H.B. 66 of the 126th General Assembly.	67535

Section 207.10.20. AGENCY AUDIT EXPENSES

67536

The foregoing appropriation item 100-405, Agency Audit	67537
Expenses, shall be used for auditing expenses designated in	67538
division (A)(1) of section 117.13 of the Revised Code for those	67539
state agencies audited on a biennial basis.	67540

Section 207.10.30. OAKS RENTAL PAYMENTS

67541

The foregoing appropriation item 100-415, OAKS Rental	67542
Payments, shall be used for payments for the period from July 1,	67543
2007, through June 30, 2009, pursuant to leases and agreements	67544
entered into under Chapter 125. of the Revised Code, as	67545
supplemented by Section 403.10 of Am. Sub. H.B. 530 of the 126th	67546
General Assembly with respect to financing the costs associated	67547
with the acquisition, development, installation, and	67548
implementation of the Ohio Administrative Knowledge System. If it	67549
is determined that additional appropriations are necessary for	67550
this purpose, the amounts are hereby appropriated.	67551

Section 207.10.40. BUILDING RENT PAYMENTS

67552

The foregoing appropriation item 100-447, OBA - Building Rent	67553
Payments, shall be used to meet all payments at the times they are	67554
required to be made during the period from July 1, 2007, to June	67555
30, 2009, by the Department of Administrative Services to the Ohio	67556
Building Authority pursuant to leases and agreements under Chapter	67557
152. of the Revised Code. These appropriations are the source of	67558
funds pledged for bond service charges on obligations issued	67559
pursuant to Chapter 152. of the Revised Code.	67560

The foregoing appropriation item 100-448, OBA - Building	67561
Operating Payments, shall be used to meet all payments at the	67562
times that they are required to be made during the period from	67563
July 1, 2007, to June 30, 2009, by the Department of	67564
Administrative Services to the Ohio Building Authority pursuant to	67565
leases and agreements under Chapter 152. of the Revised Code, but	67566
limited to the aggregate amount of $53,760,000.	67567

The payments to the Ohio Building Authority are for the	67568
purpose of paying the expenses of agencies that occupy space in	67569
the various state facilities. The Department of Administrative	67570
Services may enter into leases and agreements with the Ohio	67571
Building Authority providing for the payment of these expenses.	67572
The Ohio Building Authority shall report to the Department of	67573
Administrative Services and the Office of Budget and Management	67574
not later than five months after the start of a fiscal year the	67575
actual expenses incurred by the Ohio Building Authority in	67576
operating the facilities and any balances remaining from payments	67577
and rentals received in the prior fiscal year. The Department of	67578
Administrative Services shall reduce subsequent payments by the	67579
amount of the balance reported to it by the Ohio Building	67580
Authority.	67581

Section 207.10.50. DAS - BUILDING OPERATING PAYMENTS

67582

The foregoing appropriation item 100-449, DAS - Building	67583
Operating Payments, shall be used to pay the rent expenses of	67584
veterans organizations pursuant to section 123.024 of the Revised	67585
Code in fiscal years 2008 and 2009.	67586

The foregoing appropriation item, 100-449, DAS - Building	67587
Operating Payments, may be used to provide funding for the cost of	67588
property appraisals or building studies that the Department of	67589
Administrative Services may be required to obtain for property	67590
that is being sold by the state or property under consideration to	67591
be renovated or purchased by the state.	67592

Notwithstanding section 125.28 of the Revised Code, the	67593
remaining portion of the appropriation may be used to pay the	67594
operating expenses of state facilities maintained by the	67595
Department of Administrative Services that are not billed to	67596
building tenants. These expenses may include, but are not limited	67597
to, the costs for vacant space and space undergoing renovation,	67598
and the rent expenses of tenants that are relocated due to	67599
building renovations. These payments shall be processed by the	67600
Department of Administrative Services through intrastate transfer	67601
vouchers and placed in the Building Management Fund (Fund 132).	67602

Section 207.10.60. CENTRAL SERVICE AGENCY FUND

67603

The Department of Administrative Services shall not allocate	67604
annual costs for maintaining an automated application for the	67605
professional licensing boards and for the costs of supporting	67606
licensing functions in excess of the amounts supported by	67607
licensing and registration fees established for fiscal year 2007.	67608
The charges shall be billed to the professional licensing boards	67609
and deposited via intrastate transfer vouchers to the credit of	67610
the Central Service Agency Fund (Fund 115).	67611

Section 207.10.70. ELIMINATION OF THE VEHICLE LIABILITY FUND	67612
ASSETS	67613

(A) Effective July 1, 2007, the Vehicle Liability Fund (Fund	67614
127) is abolished and its functions, assets, and liabilities are	67615
transferred to the Risk Management Reserve Fund (Fund 130). The	67616
Risk Management Reserve Fund is thereupon and thereafter successor	67617
to, assumes the obligations of, and otherwise constitutes the	67618
continuation of the Vehicle Liability Fund.	67619

Any business commenced but not completed with regard to the	67620
Vehicle Liability Fund on July 1, 2007, shall be completed with	67621
regard to the Risk Management Reserve Fund, in the same manner,	67622
and with the same effect, as if completed with regard to the	67623
Vehicle Liability Fund. No validation, cure, right, privilege,	67624
remedy, obligation, or liability is lost or impaired by reason of	67625
the transfer and shall be administered with regard to the Risk	67626
Management Reserve Fund. All of the rules, orders, and	67627
determinations associated with the Vehicle Liability Fund continue	67628
in effect as rules, orders, and determinations associated with the	67629
Risk Management Reserve Fund, until modified or rescinded by the	67630
Director of Administrative Services. If necessary to ensure the	67631
integrity of the Administrative Code, the Director of the	67632
Legislative Service Commission shall renumber the rules relating	67633
to the Vehicle Liability Fund to reflect its transfer to the Risk	67634
Management Reserve Fund.	67635

(B) Employees paid from the Vehicle Liability Fund shall be	67636
transferred to the Risk Management Reserve Fund or dismissed.	67637
Employees paid from the Vehicle Liability Fund so dismissed cease	67638
to hold their positions of employment on July 1, 2007.	67639

(C) No judicial or administrative action or proceeding by	67640
which the Vehicle Liability Fund is affected that is pending on	67641
July 1, 2007, is affected by the transfer of functions under	67642
division (A) of this section. The action or proceeding shall be	67643
prosecuted or defended on behalf of the Risk Management Reserve	67644
Fund and the Risk Management Reserve Fund upon application to the	67645
court or agency shall be substituted for the Vehicle Liability	67646
Fund as affected by the action or proceeding.	67647

(D) On and after July 1, 2007, when the Vehicle Liability	67648
Fund is referred to in any statute, rule, contract, grant, or	67649
other document, the reference is hereby deemed to refer to the	67650
Risk Management Reserve Fund.	67651

Section 207.10.80. TRANSFER OF VEHICLE LIABILITY FUND ASSETS

67652

On and after July 1, 2007, notwithstanding any provision to	67653
the contrary, the Director of Budget and Management is authorized	67654
to take the actions and effectuate the budget changes made	67655
necessary by administrative reorganization, program transfers, the	67656
creation of new funds, and the consolidation of funds required for	67657
the transfer of the Vehicle Liability Fund Assets to the Risk	67658
Management Reserve Fund. The Director of Budget and Management may	67659
make any transfer of cash balances between funds. At the request	67660
of the Director of Budget and Management, the Director of	67661
Administrative Services shall certify to the Director of Budget	67662
and Management an estimate of the amount of the Vehicle Liability	67663
Fund cash balance to be transferred to the Risk Management Reserve	67664
Fund. The Director of Budget and Management may transfer the	67665
estimated amount when needed to make payments. Not more than	67666
thirty days after certifying the estimated amount, the Director of	67667
Administrative Services shall certify the final amount to the	67668
Director of Budget and Management. The Director of Budget and	67669
Management shall transfer the difference between any amount	67670
previously transferred and the certified final amount. The	67671
Director of Budget and Management may cancel encumbrances and	67672
re-establish encumbrances or parts of encumbrances of the Vehicle	67673
Liability Fund as needed in fiscal year 2008 in the Risk	67674
Management Reserve Fund for the same purposes. The appropriation	67675
authority necessary to re-establish such encumbrances in fiscal	67676
year 2008, as determined by the Director of Budget and Management,	67677
in appropriation item 100-606, Risk Management Reserve, is hereby	67678
appropriated. When re-established encumbrances or parts of	67679
re-established encumbrances of the Vehicle Liability Fund are	67680
canceled, the Director of Budget and Management shall reduce the	67681
appropriation for appropriation item 100-606, Risk Management	67682
Reserve, by the amount of the encumbrances canceled. The amounts	67683
canceled are hereby authorized. Any fiscal year 2007 unencumbered	67684
or unallotted appropriation for appropriation item 100-627,	67685
Vehicle Liability Insurance, may be transferred to appropriation	67686
item 100-606, Risk Management Reserve, to be used for the same	67687
purposes, as determined by the Director of Budget and Management.	67688
The amounts transferred are hereby appropriated.	67689

Section 207.10.90. COLLECTIVE BARGAINING ARBITRATION	67690
EXPENSES	67691

With approval of the Director of Budget and Management, the	67692
Department of Administrative Services may seek reimbursement from	67693
state agencies for the actual costs and expenses the department	67694
incurs in the collective bargaining arbitration process. The	67695
reimbursements shall be processed through intrastate transfer	67696
vouchers and placed in the Collective Bargaining Fund (Fund 128).	67697

Section 207.20.10. EQUAL OPPORTUNITY PROGRAM

67698

The Department of Administrative Services, with the approval	67699
of the Director of Budget and Management, shall establish charges	67700
for recovering the costs of administering the activities supported	67701
by the State EEO Fund (Fund 188). These charges shall be deposited	67702
to the credit of the State EEO Fund (Fund 188) upon payment made	67703
by state agencies, state-supported or state-assisted institutions	67704
of higher education, and tax-supported agencies, municipal	67705
corporations, and other political subdivisions of the state, for	67706
services rendered.	67707

Section 207.20.20. MERCHANDISE FOR RESALE

67708

The foregoing appropriation item 100-653, General Services	67709
Resale Merchandise, shall be used to account for merchandise for	67710
resale, which is administered by the General Services Division.	67711
Deposits to the fund may comprise the cost of merchandise for	67712
resale and shipping fees.	67713

Section 207.20.30. DAS INFORMATION SERVICES

67714

There is hereby established in the State Treasury the DAS	67715
Information Services Fund. The foregoing appropriation item	67716
100-603, DAS Information Services, shall be used to pay the costs	67717
of providing information systems and services in the Department of	67718
Administrative Services.	67719

The Department of Administrative Services shall establish	67720
user charges for all information systems and services that are	67721
allowable in the statewide indirect cost allocation plan submitted	67722
annually to the United States Department of Health and Human	67723
Services. These charges shall comply with federal regulations and	67724
shall be deposited to the credit of the DAS Information Services	67725
Fund (Fund 4P3).	67726

Section 207.20.40. INVESTMENT RECOVERY FUND

67727

Notwithstanding division (B) of section 125.14 of the Revised	67728
Code, cash balances in the Investment Recovery Fund (Fund 427) may	67729
be used to support the operating expenses of the Federal Surplus	67730
Operating Program created in sections 125.84 to 125.90 of the	67731
Revised Code.	67732

Notwithstanding division (B) of section 125.14 of the Revised	67733
Code, cash balances in the Investment Recovery Fund may be used to	67734
support the operating expenses of the Asset Management Services	67735
Program, including, but not limited to, the cost of establishing	67736
and maintaining procedures for inventory records for state	67737
property as described in section 125.16 of the Revised Code.	67738

Of the foregoing appropriation item 100-602, Investment	67739
Recovery, up to $2,271,209 in fiscal year 2008 and up to	67740
$2,353,372 in fiscal year 2009 shall be used to pay the operating	67741
expenses of the State Surplus Property Program, the Surplus	67742
Federal Property Program, and the Asset Management Services	67743
Program under Chapter 125. of the Revised Code and this section.	67744
If additional appropriations are necessary for the operations of	67745
these programs, the Director of Administrative Services shall seek	67746
increased appropriations from the Controlling Board under section	67747
131.35 of the Revised Code.	67748

Of the foregoing appropriation item 100-602, Investment	67749
Recovery, $3,412,355 in fiscal year 2008 and $3,330,192 in fiscal	67750
year 2009 shall be used to transfer proceeds from the sale of	67751
surplus property from the Investment Recovery Fund to non-General	67752
Revenue Funds under division (A)(2) of section 125.14 of the	67753
Revised Code. If it is determined by the Director of	67754
Administrative Services that additional appropriations are	67755
necessary for the transfer of such sale proceeds, the Director of	67756
Administrative Services may request the Director of Budget and	67757
Management to increase the amounts. Such amounts are hereby	67758
appropriated.	67759

Notwithstanding division (B) of section 125.14 of the Revised	67760
Code, the Director of Budget and Management, at the request of the	67761
Director of Administrative Services, shall transfer up to $500,000	67762
of the amounts held for transfer to the General Revenue Fund from	67763
the Investment Recovery Fund to the State Architect's Fund (Fund	67764
131) to provide operating cash.	67765

Section 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

67766

Effective with the implementation of the Multi-Agency Radio	67767
Communications System, the State Chief Information Officer shall	67768
collect user fees from participants in the system. The State Chief	67769
Information Officer, with the advice of the Multi-Agency Radio	67770
Communications System Steering Committee and the Director of	67771
Budget and Management, shall determine the amount of the fees and	67772
the manner by which the fees shall be collected. Such user charges	67773
shall comply with the applicable cost principles issued by the	67774
federal Office of Management and Budget. All moneys from user	67775
charges and fees shall be deposited in the state treasury to the	67776
credit of the Multi-Agency Radio Communications System	67777
Administration Fund (Fund 5C2), which is hereby established in the	67778
state treasury. All interest income derived from the investment of	67779
the fund shall accrue to the fund.	67780

Section 207.20.60. WORKFORCE DEVELOPMENT FUND

67781

There is hereby established in the state treasury the	67782
Workforce Development Fund (Fund 5D7). The foregoing appropriation	67783
item 100-621, Workforce Development, shall be used to make	67784
payments from the fund. The fund shall be under the supervision of	67785
the Department of Administrative Services, which may adopt rules	67786
with regard to administration of the fund. The fund shall be used	67787
to pay the costs of any remaining obligations of the Workforce	67788
Development Program, in accordance with Article 37 of the	67789
contract between the State of Ohio and OCSEA/AFSCME, Local 11,	67790
abolished effective March 1, 2006. These costs include, but are	67791
not limited to, remaining grant obligations, payments for	67792
tuition reimbursement, contracted services and general overhead,	67793
and any settlement costs associated with the Statewide Cost	67794
Allocation Program (SWCAP). The program shall be administered in	67795
accordance with the contract. Revenues shall accrue to the fund	67796
as specified in the contract. The fund may be used to pay direct	67797
and indirect costs of the program that are attributable to staff,	67798
consultants, and service providers. All income derived from the	67799
investment of the fund shall accrue to the fund.	67800

If it is determined by the Director of Administrative	67801
Services that additional appropriation amounts are necessary, the	67802
Director of Administrative Services may request that the Director	67803
of Budget and Management increase such amounts. Such amounts are	67804
hereby appropriated.	67805

Section 207.20.70. OAKS SUPPORT ORGANIZATION

67806

The foregoing appropriation item 100-635, OAKS Support	67807
Organization, shall be used by the Office of Information	67808
Technology to support the operating costs associated with the	67809
implementation and maintenance of the state's enterprise resource	67810
planning system, OAKS, consistent with its responsibilities under	67811
this section and Chapters 125. and 126. of the Revised Code. The	67812
OAKS Support Organization shall operate and maintain the human	67813
capital management and financial management modules of the state's	67814
enterprise resource planning system to support statewide human	67815
resources and financial management activities administered by the	67816
Department of Administrative Services' human resources division	67817
and the Office of Budget and Management. The OAKS Support	67818
Organization shall recover the costs to establish, operate, and	67819
maintain the OAKS system through intrastate transfer voucher	67820
billings to the Department of Administrative Services and the	67821
Office of Budget and Management. Effective July 1, 2007, the	67822
Department of Administrative Services, with the approval of the	67823
Director of Budget and Management, shall include the recovery of	67824
the costs of administering the human capital management module of	67825
the OAKS System within the human resources services payroll rate.	67826
These revenues shall be deposited to the credit of the Human	67827
Resources Services Fund (Fund 125). Amounts deposited under this	67828
section are hereby appropriated to appropriation item 100-622,	67829
Human Resources Division-Operating. Not less than quarterly, the	67830
Department of Administrative Services shall process the intrastate	67831
transfer billings to transfer cash from the Human Resources	67832
Services Fund (Fund 125) to the OAKS Support Organization Fund	67833
(Fund 5EB) to pay for the OAKS Support Organization costs.	67834

Section 207.20.80. PROFESSIONAL DEVELOPMENT FUND

67835

The foregoing appropriation item 100-610, Professional	67836
Development, shall be used to make payments from the Professional	67837
Development Fund (Fund 5L7) under section 124.182 of the Revised	67838
Code.	67839

Section 207.20.90. EMPLOYEE EDUCATIONAL DEVELOPMENT

67840

There is hereby established in the state treasury the	67841
Employee Educational Development Fund (Fund 5V6). The foregoing	67842
appropriation item 100-619, Employee Educational Development,	67843
shall be used to make payments from the fund. The fund shall be	67844
used to pay the costs of the administration of educational	67845
programs per existing collective bargaining agreements with	67846
District 1199, the Health Care and Social Service Union; State	67847
Council of Professional Educators; Ohio Education Association and	67848
National Education Association; the Fraternal Order of Police Ohio	67849
Labor Council, Unit 2; and the Ohio State Troopers Association,	67850
Units 1 and 15. The fund shall be under the supervision of the	67851
Department of Administrative Services, which may adopt rules with	67852
regard to administration of the fund. The fund shall be	67853
administered in accordance with the applicable sections of the	67854
collective bargaining agreements between the State and the	67855
aforementioned unions. The Department of Administrative Services,	67856
with the approval of the Director of Budget and Management, shall	67857
establish charges for recovering the costs of administering the	67858
educational programs. Receipts for these charges shall be	67859
deposited into the Employee Educational Development Fund. All	67860
income derived from the investment of the funds shall accrue to	67861
the fund.	67862

If it is determined by the Director of Administrative	67863
Services that additional appropriation amounts are necessary, the	67864
Director of Administrative Services may request that the Director	67865
of Budget and Management increase such amounts. Such amounts are	67866
hereby appropriated with the approval of the Director of Budget	67867
and Management.	67868

Section 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND

67869

(A) As used in this section, "Ohio Business Gateway" refers	67870
to the internet-based system operated by the Office of Information	67871
Technology with the advice of the Ohio Business Gateway Steering	67872
Committee established under section 5703.57 of the Revised Code.	67873
The Ohio Business Gateway is established to provide businesses a	67874
central web site where various filings and payments are submitted	67875
on-line to government. The information is then distributed to the	67876
various government entities that interact with the business	67877
community.	67878

(B) As used in this section:

67879

(1) "State Portal" refers to the official web site of the	67880
state, operated by the Office of Information Technology.	67881

(2) "Shared Hosting Environment" refers to the computerized	67882
system operated by the Office of Information Technology for the	67883
purpose of providing capability for state agencies to host web	67884
sites.	67885

(C) There is hereby created in the state treasury the	67886
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing	67887
appropriation item 100-634, Centralized Gateway Enhancements,	67888
shall be used by the Office of Information Technology to pay the	67889
costs of enhancing, expanding, and operating the infrastructure of	67890
the Ohio Business Gateway, State Portal, and Shared Hosting	67891
Environment. The State Chief Information Officer shall submit	67892
periodic spending plans to the Director of Budget and Management	67893
to justify operating transfers to the fund from the General	67894
Revenue Fund. Upon approval, the Director of Budget and Management	67895
shall transfer approved amounts to the fund, not to exceed the	67896
amount of the annual appropriation in each fiscal year. The	67897
spending plans may be based on the recommendations of the Ohio	67898
Business Gateway Steering Committee or its successor.	67899

Section 207.30.20. MAJOR IT PURCHASES

67900

The State Chief Information Officer shall compute the amount	67901
of revenue attributable to the amortization of all equipment	67902
purchases and capitalized systems from appropriation item 100-607,	67903
IT Service Delivery; appropriation item 100-617, Major IT	67904
Purchases; and appropriation item CAP-837, Major IT Purchases,	67905
which is recovered by the Office of Information Technology as part	67906
of the rates charged by the IT Service Delivery Fund (Fund 133)	67907
created in section 125.15 of the Revised Code. The Director of	67908
Budget and Management may transfer cash in an amount not to exceed	67909
the amount of amortization computed from the IT Service Delivery	67910
Fund (Fund 133) to the Major IT Purchases Fund (Fund 4N6).	67911

Section 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT

67912

The State Chief Information Officer, with the approval of the	67913
Director of Budget and Management, may establish an information	67914
technology assessment for the purpose of recovering the cost of	67915
selected infrastructure and statewide programs. Such assessment	67916
shall comply with applicable cost principles issued by the federal	67917
Office of Management and Budget. The information technology	67918
assessment shall be charged to all organized bodies, offices, or	67919
agencies established by the laws of the state for the exercise of	67920
any function of state government except for the General Assembly,	67921
any legislative agency, the Supreme Court, the other courts of	67922
record in Ohio, or any judicial agency, the Adjutant General, the	67923
Bureau of Workers' Compensation, and institutions administered by	67924
a board of trustees. Any state-entity exempted by this section may	67925
utilize the infrastructure or statewide program by participating	67926
in the information technology assessment. All charges for the	67927
information technology assessment shall be deposited to the credit	67928
of the IT Governance Fund (Fund 229).	67929

Section 207.30.40. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	67930
DEBT SERVICE PAYMENTS	67931

The Director of Administrative Services, in consultation with	67932
the Multi-Agency Radio Communication System (MARCS) Steering	67933
Committee and the Director of Budget and Management, shall	67934
determine the share of debt service payments attributable to	67935
spending for MARCS components that are not specific to any one	67936
agency and that shall be charged to agencies supported by the	67937
motor fuel tax. Such share of debt service payments shall be	67938
calculated for MARCS capital disbursements made beginning July 1,	67939
1997. Within thirty days of any payment made from appropriation	67940
item 100-447, OBA - Building Rent Payments, the Director of	67941
Administrative Services shall certify to the Director of Budget	67942
and Management the amount of this share. The Director of Budget	67943
and Management shall transfer such amounts to the General Revenue	67944
Fund from the State Highway Safety Fund (Fund 036) established in	67945
section 4501.06 of the Revised Code.	67946

The State Chief Information Officer shall consider renting or	67947
leasing existing tower sites at reasonable or current market	67948
rates, so long as these existing sites are equipped with the	67949
technical capabilities to support the MARCS project.	67950

Section 207.30.50. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

67951

Whenever the Director of Administrative Services declares a	67952
"public exigency," as provided in division (C) of section 123.15	67953
of the Revised Code, the Director shall also notify the members of	67954
the Controlling Board.	67955

Section 207.30.60. GENERAL SERVICE CHARGES

67956

The Department of Administrative Services, with the approval	67957
of the Director of Budget and Management, shall establish charges	67958
for recovering the costs of administering the programs in the	67959
General Services Fund (Fund 117) and the State Printing Fund (Fund	67960
210).	67961

Section 207.30.70. STATE ENERGY SERVICES PROGRAM

67962

Within 30 days after the effective date of this section, or	67963
as soon possible thereafter, the Director of Administrative	67964
Services shall certify the remaining cash in the Federal Special	67965
Revenue Fund (Fund 307) to the Director of Budget and Management,	67966
who shall transfer that amount to the State Architect's Office	67967
(Fund 131). The cash shall be used to operate the state's energy	67968
services program.	67969

Within thirty days after the effective date of this section,	67970
or as soon as possible thereafter, the Director of Administrative	67971
Services shall certify the remaining cash in the Energy Grants	67972
Fund (Fund 5A8) to the Director of Budget and Management, who	67973
shall transfer that amount to the State Architect's Office (Fund	67974
131). The cash shall be used to operate the state's energy	67975
services program.	67976

Section 207.30.80. FEDERAL GRANTS OGRIP

67977

As soon as possible on or after July 1, 2007, the Director of	67978
Budget and Management may transfer cash in the amount of	67979
$15,072.03 from the Federal Grants OGRIP Fund (Fund 3H6) to the	67980
General Revenue Fund.	67981

Section 209.10. AAM COMMISSION ON AFRICAN AMERICAN MALES

67982

General Revenue Fund	67983

GRF	036-100	Personal Services	$	235,091	$	235,091	67984
GRF	036-200	Maintenance	$	29,000	$	29,000	67985
GRF	036-300	Equipment	$	1,000	$	1,000	67986
GRF	036-502	Community Projects	$	516,909	$	1,016,909	67987
TOTAL GRF General Revenue Fund			$	782,000	$	1,282,000	67988

State Special Revenue Fund Group	67989

4H3	036-601	Commission on African American Males - Gifts/Grants	$	10,000	$	10,000	67990
TOTAL SSR State Special Revenue Fund Group			$	10,000	$	10,000	67991
TOTAL ALL BUDGET FUND GROUPS			$	792,000	$	1,292,000	67992

CAAM STRATEGIC PLAN

67993

The Commission on African American Males shall develop a	67994
strategic plan to accomplish the tasks put forth in section	67995
4112.13 of the Revised Code.	67996

On January 1, 2008, or as soon as possible thereafter, the	67997
Director of the Commission on African American Males shall submit	67998
a strategic plan for the use of $500,000 in fiscal year 2008 and	67999
$1,000,000 in fiscal year 2009 to the Governor, the President of	68000
the Senate, the Minority Leader of the Senate, the Speaker of the	68001
House of Representatives, and the Minority Leader of the House of	68002
Representatives.	68003

Not later than June 30, 2009, the Commission on African	68004
American Males shall submit a report on the impacts and outcomes	68005
of the strategic plan to the Governor, the President of the	68006
Senate, the Minority Leader of the Senate, the Speaker of the	68007
House of Representatives, and the Minority Leader of the House of	68008
Representatives.	68009

FUND TRANSFERS

68010

(A) All moneys appropriated or reappropriated to the Ohio	68011
Commission on African-American Males for the performance of its	68012
duties, powers, obligations, and functions, and the exercise of	68013
rights, that are transferred by this act to the Ohio State	68014
University, to the extent of the remaining unexpended or	68015
unencumbered balance of the appropriations or reappropriations,	68016
whether obligated or unobligated, are hereby transferred,	68017
effective October 1, 2007, to the University for performing the	68018
duties, powers, obligations, and functions, and exercising the	68019
rights of the University in operating and overseeing the	68020
Commission.	68021

(B) On and after October 1, 2007, notwithstanding any	68022
provision of law to the contrary, the Director of Budget and	68023
Management is authorized to take the actions described in this	68024
section with respect to budget changes made necessary by	68025
administrative reorganization, program transfers, the creation of	68026
new funds, and the consolidation of funds as authorized by this	68027
act. The Director may make any transfer of cash balances between	68028
funds. At the request of the Director of Budget and Management,	68029
the Board of Trustees of the Ohio State University shall certify	68030
to the Director an estimate of the amount of the cash balance to	68031
be transferred to the receiving fund. The Director may transfer	68032
the estimated amount when needed to make payments. Not more than	68033
thirty days after certifying the estimated amount, the Board of	68034
Trustees shall certify the final amount to the Director. The	68035
Director shall transfer the difference between any amount	68036
previously transferred and the certified final amount. The	68037
Director may cancel encumbrances and re-establish encumbrances or	68038
parts of encumbrances as needed in the fiscal year in the	68039
appropriate fund and appropriation line item for the same purpose	68040
and to the same vendor. As determined by the Director, the	68041
appropriation authority necessary to re-establish such	68042
encumbrances in the fiscal year in a different fund or	68043
appropriation line item within an agency or between agencies is	68044
hereby appropriated by the General Assembly. The Director shall	68045
reduce each year's appropriation balances by the amount of the	68046
encumbrance canceled in their respective funds and appropriation	68047
line item. Any unencumbered or unallocated appropriation balances	68048
from the previous fiscal year may be transferred to the	68049
appropriate appropriation line item to be used for the same	68050
purposes, as determined by the Director.	68051

Section 211.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

68052

General Revenue Fund	68053

GRF	029-321	Operating Expenses	$	397,000	$	403,000	68054
TOTAL GRF General Revenue Fund			$	397,000	$	403,000	68055
TOTAL ALL BUDGET FUND GROUPS			$	397,000	$	403,000	68056

OPERATING

68057

The Chief Administrative Officer of the House of	68058
Representatives and the Clerk of the Senate shall determine, by	68059
mutual agreement, which of them shall act as fiscal agent for the	68060
Joint Committee on Agency Rule Review. Members of the Committee	68061
shall be paid in accordance with section 101.35 of the Revised	68062
Code.	68063

OPERATING EXPENSES

68064

On July 1, 2007, or as soon as possible thereafter, the	68065
designated fiscal agent shall certify to the Director of Budget	68066
and Management the total fiscal year 2007 unencumbered	68067
appropriations in appropriation item 029-321, Operating Expenses.	68068
The designated fiscal agent may direct the Director of Budget and	68069
Management to transfer an amount not to exceed the total fiscal	68070
year 2007 unencumbered appropriations to fiscal year 2008 for use	68071
in appropriation item 029-321, Operating Expenses. Additional	68072
appropriation authority equal to the amount certified by the	68073
designated fiscal agent is hereby appropriated to appropriation	68074
item 029-321, Operating Expenses, in fiscal year 2008.	68075

On July 1, 2008, or as soon as possible thereafter, the	68076
designated fiscal agent shall certify to the Director of Budget	68077
and Management the total fiscal year 2008 unencumbered	68078
appropriations in appropriation item 029-321, Operating Expenses.	68079
The designated fiscal agent may direct the Director of Budget and	68080
Management to transfer an amount not to exceed the total fiscal	68081
year 2008 unencumbered appropriations to fiscal year 2009 for use	68082
in appropriation item 029-321, Operating Expenses. Additional	68083
appropriation authority equal to the amount certified by the	68084
designated fiscal agent is hereby appropriated to appropriation	68085
item 029-321, Operating Expenses, in fiscal year 2009.	68086

Section 213.10. AGE DEPARTMENT OF AGING

68087

General Revenue Fund	68088

GRF	490-321	Operating Expenses	$	2,637,571	$	2,637,271	68089
GRF	490-403	PASSPORT	$	128,391,189	$	158,196,465	68090
GRF	490-406	Senior Olympics	$	14,856	$	14,856	68091
GRF	490-409	Ohio Community Service Council Operations	$	183,792	$	183,792	68092
GRF	490-410	Long-Term Care Ombudsman	$	654,965	$	654,965	68093
GRF	490-411	Senior Community Services	$	10,349,439	$	10,349,439	68094
GRF	490-412	Residential State Supplement	$	9,156,771	$	9,156,771	68095
GRF	490-414	Alzheimers Respite	$	4,131,594	$	4,131,594	68096
GRF	490-416	JCFS Community Options	$	250,000	$	250,000	68097
GRF	490-421	PACE	$	10,214,809	$	10,214,809	68098
GRF	490-422	Assisted Living Waiver	$	12,554,940	$	15,213,890	68099
GRF	490-506	National Senior Service Corps	$	335,296	$	335,296	68100
TOTAL GRF General Revenue Fund			$	178,875,222	$	211,339,148	68101

General Services Fund Group	68102

480	490-606	Senior Community Outreach and Education	$	372,677	$	372,677	68103
TOTAL GSF General Services Fund							68104
Group			$	372,677	$	372,677	68105

Federal Special Revenue Fund Group	68106

3C4	490-607	PASSPORT	$	301,767,486	$	301,274,172	68107
3C4	490-621	PACE-Federal	$	14,586,135	$	14,586,135	68108
3C4	490-622	Assisted Living-Federal	$	14,972,892	$	21,810,442	68109
3M4	490-612	Federal Independence Services	$	62,406,819	$	63,655,080	68110
3R7	490-617	Ohio Community Service Council Programs	$	8,870,000	$	8,870,000	68111
322	490-618	Federal Aging Grants	$	10,000,000	$	10,200,000	68112
TOTAL FED Federal Special Revenue							68113
Fund Group			$	412,603,332	`	420,395,829	68114

State Special Revenue Fund Group	68115

4C4	490-609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	68116
4J4	490-610	PASSPORT/Residential State Supplement	$	33,491,930	$	33,263,984	68117
4U9	490-602	PASSPORT Fund	$	4,424,969	$	4,424,969	68118
5AA	490-673	Ohio's Best Rx Administration	$	1,184,154	$	910,801	68119
5BA	490-620	Ombudsman Support	$	600,000	$	600,000	68120
5K9	490-613	Long Term Care Consumers Guide	$	820,400	$	820,400	68121
5W1	490-616	Resident Services Coordinator Program	$	330,000	$	330,000	68122
624	490-604	OCSC Community Support	$	470,000	$	470,000	68123
TOTAL SSR State Special Revenue							68124
Fund Group			$	42,256,453	$	41,755,154	68125
TOTAL ALL BUDGET FUND GROUPS			$	634,107,684	$	673,862,808	68126

Section 213.20. PRE-ADMISSION REVIEW FOR NURSING FACILITY	68128
ADMISSION	68129

Pursuant to an interagency agreement, the Department of Job	68130
and Family Services shall designate the Department of Aging to	68131
perform assessments under sections 173.42 and 5111.204 of the	68132
Revised Code. Of the foregoing appropriation item 490-403,	68133
PASSPORT, the Department of Aging may use not more than $2,731,000	68134
in fiscal year 2008 and $2,813,000 in fiscal year 2009 to perform	68135
the assessments for persons not eligible for Medicaid under the	68136
department's interagency agreement with the Department of Job and	68137
Family Services and to assist individuals in planning for their	68138
long-term health care needs.	68139

PASSPORT

68140

Appropriation item 490-403, PASSPORT, and the amounts set	68141
aside for the PASSPORT Waiver Program in appropriation item	68142
490-610, PASSPORT/Residential State Supplement, may be used to	68143
assess clients regardless of Medicaid eligibility.	68144

The Director of Aging shall adopt rules under section 111.15	68145
of the Revised Code governing the nonwaiver funded PASSPORT	68146
program, including client eligibility.	68147

The Department of Aging shall administer the Medicaid	68148
waiver-funded PASSPORT Home Care Program as delegated by the	68149
Department of Job and Family Services in an interagency agreement.	68150
The foregoing appropriation item 490-403, PASSPORT, and the	68151
amounts set aside for the PASSPORT Waiver Program in appropriation	68152
item 490-610, PASSPORT/Residential State Supplement, shall be used	68153
to provide the required state match for federal Medicaid funds	68154
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	68155
Appropriation item 490-403, PASSPORT, and the amounts set aside	68156
for the PASSPORT Waiver Program in appropriation item 490-610,	68157
PASSPORT/Residential State Supplement, may also be used to support	68158
the Department of Aging's administrative costs associated with	68159
operating the PASSPORT program.	68160

The foregoing appropriation item 490-607, PASSPORT, shall be	68161
used to provide the federal matching share for all PASSPORT	68162
program costs determined by the Department of Job and Family	68163
Services to be eligible for Medicaid reimbursement.	68164

OHIO COMMUNITY SERVICE COUNCIL

68165

The foregoing appropriation items 490-409, Ohio Community	68166
Service Council Operations, and 490-617, Ohio Community Service	68167
Council Programs, shall be used in accordance with section 121.40	68168
of the Revised Code.	68169

LONG-TERM CARE OMBUDSMAN

68170

The foregoing appropriation item 490-410, Long-Term Care	68171
Ombudsman, shall be used for a program to fund ombudsman program	68172
activities as authorized in sections 173.14 to 173.27 and section	68173
173.99 of the Revised Code.	68174

SENIOR COMMUNITY SERVICES

68175

Of the foregoing appropriation item 490-411, Senior Community	68176
Services, $10,299,439 in each fiscal year shall be used for	68177
services designated by the Department of Aging, including, but not	68178
limited to, home-delivered and congregate meals, transportation	68179
services, personal care services, respite services, adult day	68180
services, home repair, care coordination, and decision support	68181
systems. Service priority shall be given to low income, frail,	68182
and cognitively impaired persons 60 years of age and over. The	68183
department shall promote cost sharing by service recipients for	68184
those services funded with senior community services funds,	68185
including, when possible, sliding-fee scale payment systems based	68186
on the income of service recipients.	68187

Of the foregoing appropriation item 490-411, Senior Community	68188
Services, $50,000 in each fiscal year shall be allocated to the	68189
Eastlake Senior Center.	68190

RESIDENTIAL STATE SUPPLEMENT

68191

Under the Residential State Supplement Program, the amount	68192
used to determine whether a resident is eligible for payment and	68193
for determining the amount per month the eligible resident will	68194
receive shall be as follows:	68195

(A) $927 for a residential care facility, as defined in	68196
section 3721.01 of the Revised Code;	68197

(B) $927 for an adult group home, as defined in Chapter 3722.	68198
of the Revised Code;	68199

(C) $824 for an adult foster home, as defined in Chapter 173.	68200
of the Revised Code;	68201

(D) $824 for an adult family home, as defined in Chapter	68202
3722. of the Revised Code;	68203

(E) $824 for an adult community alternative home, as defined	68204
in Chapter 3724. of the Revised Code;	68205

(F) $824 for an adult residential facility, as defined in	68206
Chapter 5119. of the Revised Code;	68207

(G) $618 for adult community mental health housing services,	68208
as defined in division (B)(5) of section 173.35 of the Revised	68209
Code.	68210

The Departments of Aging and Job and Family Services shall	68211
reflect these amounts in any applicable rules the departments	68212
adopt under section 173.35 of the Revised Code.	68213

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

68214

The Department of Aging may transfer cash by intrastate	68215
transfer vouchers from the foregoing appropriation items 490-412,	68216
Residential State Supplement, and 490-610, PASSPORT/Residential	68217
State Supplement, to the Department of Job and Family Services'	68218
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	68219
funds shall be used to make benefit payments to Residential State	68220
Supplement recipients.	68221

ALZHEIMERS RESPITE

68222

The foregoing appropriation item 490-414, Alzheimers Respite,	68223
shall be used to fund only Alzheimer's disease services under	68224
section 173.04 of the Revised Code.	68225

JCFS COMMUNITY OPTIONS

68226

The foregoing appropriation item 490-416, JCFS Community	68227
Options, shall be used for noncapital expenses related to	68228
transportation services for the elderly that provide access to	68229
such things as healthcare services, congregate meals,	68230
socialization programs, and grocery shopping. The funds shall pass	68231
through and shall be administered by the Area Agencies on Aging.	68232
Agencies receiving funding from appropriation item 490-416, JCFS	68233
Community Options, shall coordinate services with other local	68234
service agencies. The appropriation shall be allocated to the	68235
following agencies:	68236

(A) $80,000 in both fiscal years to Cincinnati Jewish	68237
Vocational Services;	68238

(B) $70,000 in both fiscal years to Wexner Heritage Village;

68239

(C) $20,000 in both fiscal years to Yassenoff Jewish	68240
Community Center;	68241

(D) $80,000 in both fiscal years to Cleveland Jewish	68242
Community Center.	68243

ALLOCATION OF PACE SLOTS

68244

In order to effectively administer and manage growth within	68245
the PACE Program, the Director of Aging may, as the director deems	68246
appropriate and to the extent funding is available, allocate funds	68247
for the PACE Program between the PACE sites in Cleveland and	68248
Cincinnati.	68249

OHIO'S BEST RX START-UP COSTS

68250

An amount equal to the unencumbered balance in appropriation	68251
item 490-440, Ohio's Best Rx Start-up Costs, from fiscal year 2007	68252
is hereby appropriated for fiscal year 2008 into appropriation	68253
item 490-440, Ohio's Best Rx Start-up Costs.	68254

An amount equal to the remaining unencumbered balance in	68255
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, from	68256
fiscal year 2008 is hereby appropriated for fiscal year 2009 into	68257
appropriation item 490-440, Ohio's Best Rx Start-Up Costs. The	68258
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, shall	68259
be used by the Department of Aging to pay for the administrative	68260
and operational expenses of the Ohio's Best Rx Program in	68261
accordance with sections 173.71 to 173.91 of the Revised Code,	68262
including costs associated with the duties assigned by the	68263
department to the Ohio's Best Rx Program Administrator and for	68264
making payments to participating terminal distributors until	68265
sufficient cash exists to make payments from the accounts created	68266
in sections 173.85 and 173.86 of the Revised Code. Of	68267
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, not	68268
more than $750,000 in each fiscal year may be used by the	68269
department for administrative and operational costs, excluding	68270
outreach, that are not associated with the Ohio's Best Rx Program	68271
Administrator or the payments to participating terminal	68272
distributors.	68273

EDUCATION AND TRAINING

68274

The foregoing appropriation item 490-606, Senior Community	68275
Outreach and Education, may be used to provide training to workers	68276
in the field of aging pursuant to division (G) of section 173.02	68277
of the Revised Code.	68278

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

68279

The foregoing appropriation item 490-609, Regional Long-Term	68280
Care Ombudsman Program, shall be used solely to pay the costs of	68281
operating the regional long-term care ombudsman programs	68282
designated by the Long-Term Care Ombudsman.	68283

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

68284

Of the foregoing appropriation item 490-610,	68285
PASSPORT/Residential State Supplement, up to $2,835,000 each	68286
fiscal year may be used to fund the Residential State Supplement	68287
Program. The remaining available funds shall be used to fund the	68288
PASSPORT program.	68289

FEDERAL SUPPORTIVE SERVICES FUND

68290

On July 1, 2007, as soon as possible thereafter, the Director	68291
of Budget and Management shall transfer all assets, liabilities,	68292
revenues, and obligations associated with the Federal Aging	68293
Nutrition Fund (Fund 3M3) to the Federal Supportive Services Fund	68294
(Fund 3M4). Upon the transfer, the Federal Aging Nutrition Fund	68295
(Fund 3M3) shall cease to exist. The Director of Budget and	68296
Management shall cancel any existing encumbrances against	68297
appropriation item 490-611, Federal Aging Nutrition Fund (Fund	68298
3M3), and re-establish them against appropriation item 490-612,	68299
Federal Independence Services (Fund 3M4). The amounts of the	68300
re-established encumbrances are hereby appropriated.	68301

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	68302
AND FEDERAL AGING GRANTS	68303

Upon written request of the Director of Aging, the Director	68304
of Budget and Management may transfer appropriation authority	68305
among appropriation items 490-612, Federal Independence Services,	68306
and 490-618, Federal Aging Grants, in amounts not to exceed 30 per	68307
cent of the appropriation from which the transfer is made. The	68308
Department of Aging shall report a transfer to the Controlling	68309
Board at the next regularly scheduled meeting of the board.	68310

TRANSFER OF RESIDENT PROTECTION FUNDS

68311

The Director of Budget and Management shall transfer $600,000	68312
per year in cash from Fund 4E3, Resident Protection Fund, in the	68313
Department of Job and Family Services, to Fund 5BA in the	68314
Department of Aging, to be used for the expansion of ombudsman	68315
services to enhance consumer involvement and person-centered care	68316
planning in nursing homes by the Office of the State Long-Term	68317
Care Ombudsman created by the Department of Aging under division	68318
(M) of section 173.01 of the Revised Code.	68319

OHIO'S BEST RX ADMINISTRATION

68320

The foregoing appropriation item 490-673, Ohio's Best Rx	68321
Administration, shall be used on an ongoing basis to cover	68322
expenses associated with the Ohio's Best Rx Program specified in	68323
section 173.86 of the Revised Code. If receipts to the fund exceed	68324
the appropriated amount, the Director of Aging may seek	68325
Controlling Board approval to increase the appropriation of this	68326
fund. Upon approval from the Controlling Board, the additional	68327
amounts are hereby appropriated.	68328

Section 213.30. UNIFIED LONG-TERM CARE BUDGET WORKGROUP

68329

(A) There is hereby created the Unified Long-Term Care Budget	68330
Workgroup. The Workgroup shall consist of the following members:	68331

(1) The Director of Aging;

68332

(2) Consumer advocates, representatives of the provider	68333
community, and state policy makers, appointed by the Governor;	68334

(3) Two members of the House of Representatives, one member	68335
from the majority party and one member from the minority party,	68336
appointed by the Speaker of the House of Representatives;	68337

(4) Two members of the Senate, one member from the majority	68338
party and one member from the minority party, appointed by the	68339
President of the Senate.	68340

The Director of Aging shall serve as the chairperson of the	68341
Workgroup.	68342

(B) The Workgroup shall develop a unified long-term care	68343
budget that facilitates the following:	68344

(1) Providing a consumer a choice of services that meet the	68345
consumer's health care needs and improve the consumer's quality of	68346
life;	68347

(2) Providing a continuum of services that meet the needs of	68348
a consumer throughout life;	68349

(3) Consolidating policymaking authority and the associated	68350
budgets in a single entity to simplify the consumer's decision	68351
making and maximize the state's flexibility in meeting the	68352
consumer's needs;	68353

(4) Assuring the state has a system that is cost effective	68354
and links disparate services across agencies and jurisdictions.	68355

(C) The Workgroup shall submit a written implementation plan	68356
to the Governor, the Speaker of the House of Representatives, the	68357
Minority Leader of the House of Representatives, the President of	68358
the Senate, the Minority Leader of the Senate, and the members of	68359
the Joint Legislative Committee on Medicaid Technology and Reform	68360
not later than June 1, 2008. The plan shall incorporate the	68361
following:	68362

(1) Recommendations regarding the structure of the unified	68363
long-term care budget;	68364

(2) A plan outlining how funds can be transferred among	68365
involved agencies in a fiscally neutral manner;	68366

(3) Identification of the resources needed to implement the	68367
unified budget in a multiphase approach starting in fiscal year	68368
2009;	68369

(4) Success criteria and tools to measure progress against	68370
the success criteria.	68371

The plan shall consider the recommendations of the Medicaid	68372
Administrative Study Council and the Ohio Commission to Reform	68373
Medicaid.	68374

(D) In support of the Unified Long-Term Care Budget the	68375
following shall be established in the General Revenue Fund:	68376

(1) In the Department of Aging, 490-423, Long-Term Care	68377
Budget - State;	68378

(2) In the Department of Job and Family Services, 600-435,	68379
Long-Term Care Budget - State;	68380

(3) In the Department of Mental Retardation and Developmental	68381
Disabilities, 322-406, Long-Term Care Budget - State;	68382

(4) In the Department of Mental Health, 335-411, Long-Term	68383
Care Budget - State.	68384

(E) On an annual basis, the Directors of Aging and Budget and	68385
Management shall submit a written report to the Speaker of the	68386
House of Representatives, the Minority Leader of the House of	68387
Representatives, the President of the Senate, the Minority Leader	68388
of the Senate, and the members of the Joint Legislative Committee	68389
on Medicaid Technology and Reform describing the progress towards	68390
establishing, or if already established, the effectiveness of the	68391
unified long-term care budget.	68392

(F) When the Governor creates the administration described in	68393
section 309.30.03 of this act for the Medicaid program, the	68394
Director of Budget and Management may do all of the following in	68395
support of the Workgroup's proposal:	68396

(1) Transfer funds and appropriations currently appropriated	68397
to pay for Medicaid services to any appropriation item referenced	68398
in division (D) of this section;	68399

(2) Transfer funds between appropriation items referenced in	68400
division (D) of this section;	68401

(3) Develop a reporting mechanism to transparently show how	68402
the funds are being transferred and expended.	68403

The Director shall obtain Controlling Board approval before	68404
transferring funds or appropriations under division (F) of this	68405
section.	68406

(G) Before a proposal for a unified long-term care budget may	68407
be implemented, the Joint Legislative Committee on Medicaid	68408
Technology and Reform shall approve implementation of the proposal	68409
and submit the Committee's approval to the Governor.	68410

Section 215.10. AGR DEPARTMENT OF AGRICULTURE

68411

General Revenue Fund	68412

GRF	700-321	Operating Expenses	$	2,605,330	$	2,605,330	68413
GRF	700-401	Animal Disease Control	$	3,574,506	$	3,574,506	68414
GRF	700-403	Dairy Division	$	1,304,504	$	1,304,504	68415
GRF	700-404	Ohio Proud	$	196,895	$	196,895	68416
GRF	700-405	Animal Damage Control	$	60,000	$	60,000	68417
GRF	700-406	Consumer Analytical Lab	$	953,906	$	953,906	68418
GRF	700-407	Food Safety	$	865,100	$	865,100	68419
GRF	700-409	Farmland Preservation	$	241,573	$	241,573	68420
GRF	700-410	Plant Industry	$	350,000	$	350,000	68421
GRF	700-411	International Trade and Market Development	$	617,524	$	617,524	68422
GRF	700-412	Weights and Measures	$	1,300,000	$	1,300,000	68423
GRF	700-413	Gypsy Moth Prevention	$	200,000	$	200,000	68424
GRF	700-415	Poultry Inspection	$	400,000	$	400,000	68425
GRF	700-418	Livestock Regulation Program	$	1,428,496	$	1,428,496	68426
GRF	700-424	Livestock Testing and Inspections	$	115,946	$	115,946	68427
GRF	700-499	Meat Inspection Program - State Share	$	4,696,889	$	4,696,889	68428
GRF	700-501	County Agricultural Societies	$	483,226	$	483,226	68429
GRF	700-503	Livestock Exhibition Fund	$	62,500	$	62,500	68430
TOTAL GRF General Revenue Fund			$	19,456,395	$	19,456,395	68431

General Services Fund Group	68432

5DA	700-644		Laboratory Administration Support		$	1,100,000		$	1,100,000		68433
TOTAL GSF General Services Fund Group					$	1,100,000		$	1,100,000		68434

Federal Special Revenue Fund Group	68435

3AB	700-641	Agricultural Easement	$	2,000,000	$	2,000,000	68436
3J4	700-607	Indirect Cost	$	600,000	$	600,000	68437
3R2	700-614	Federal Plant Industry	$	4,800,000	$	4,800,000	68438
326	700-618	Meat Inspection Program - Federal Share	$	4,960,000	$	4,950,000	68439
336	700-617	Ohio Farm Loan Revolving Fund	$	44,679	$	44,679	68440
382	700-601	Cooperative Contracts	$	3,700,000	$	3,700,000	68441
TOTAL FED Federal Special Revenue							68442
Fund Group			$	16,104,679	$	16,094,679	68443

State Special Revenue Fund Group	68444

4C9	700-605	Feed, Fertilizer, Seed, and Lime Inspection	$	1,850,000	$	1,850,000	68445
4D2	700-609	Auction Education	$	24,601	$	24,601	68446
4E4	700-606	Utility Radiological Safety	$	73,059	$	73,059	68447
4P7	700-610	Food Safety Inspection	$	858,096	$	858,096	68448
4R2	700-637	Dairy Industry Inspection	$	1,500,000	$	1,500,000	68449
4T6	700-611	Poultry and Meat Inspection	$	47,294	$	47,294	68450
4T7	700-613	International Trade and Market Development	$	15,000	$	15,000	68451
494	700-612	Agricultural Commodity Marketing Program	$	250,000	$	250,000	68452
496	700-626	Ohio Grape Industries	$	850,000	$	849,999	68453
497	700-627	Commodity Handlers Regulatory Program	$	500,000	$	500,000	68454
5B8	700-629	Auctioneers	$	365,390	$	365,390	68455
5H2	700-608	Metrology Lab and Scale Certification	$	427,526	$	427,526	68456
5L8	700-604	Livestock Management Program	$	30,000	$	30,000	68457
578	700-620	Ride Inspection Fees	$	1,000,000	$	1,000,001	68458
652	700-634	Animal and Consumer Analytical Laboratory	$	3,000,000	$	3,000,000	68459
669	700-635	Pesticide Program	$	2,800,000	$	2,800,000	68460
TOTAL SSR State Special Revenue							68461
Fund Group			$	13,590,966	$	13,590,966	68462

Clean Ohio Conservation Fund Group	68463

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		68464
TOTAL CLF Clean Ohio Conservation Fund Group					$	149,000		$	149,000		68465

TOTAL ALL BUDGET FUND GROUPS

50,401,040

50,391,040

68466

OHIO - ISRAEL AGRICULTURAL INITIATIVE

68467

Of the foregoing General Revenue Fund appropriation item	68468
700-411, International Trade and Market Development, $100,000	68469
shall be used in each fiscal year for the Ohio - Israel	68470
Agricultural Initiative.	68471

COUNTY AGRICULTURAL SOCIETIES

68472

The foregoing appropriation item 700-501, County Agricultural	68473
Societies, shall be used to reimburse county and independent	68474
agricultural societies for expenses related to Junior Fair	68475
activities.	68476

LIVESTOCK EXHIBITION FUND

68477

The foregoing appropriation item 700-503, Livestock	68478
Exhibition Fund, shall be used in accordance with section 901.42	68479
of the Revised Code.	68480

CORRECTIVE CASH TRANSFER TO ANIMAL HEALTH AND FOOD SAFETY	68481
FUND	68482

On the effective date of this section, or as soon as possible	68483
thereafter, the Director of Budget and Management may transfer all	68484
cash from the Animal Industry Laboratory Fund (Fund 4V5) to the	68485
Laboratory Services Fund (Fund 652) to correct deposits that were	68486
mistakenly deposited to the Laboratory Services Fund (Fund 4V5).	68487

Section 217.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

68488

General Revenue Fund	68489

GRF	898-402	Coal Development Office	$	565,097	$	589,092	68490
GRF	898-901	Coal R&D General Obligation Debt Service	$	7,232,400	$	8,192,500	68491
TOTAL GRF General Revenue Fund			$	7,797,497	$	8,781,592	68492

General Services Fund Group	68493

5EG	898-608		Energy Strategy Development		$	307,000		$	307,000		68494
TOTAL GSF General Services Fund					$	307,000		$	307,000		68495

Agency Fund Group	68496

4Z9	898-602	Small Business Ombudsman	$	287,146	$	294,290	68497
5A0	898-603	Small Business Assistance	$	71,087	$	71,087	68498
570	898-601	Operating Expenses	$	255,000	$	264,000	68499
TOTAL AGY Agency Fund Group			$	613,233	$	629,377	68500

Coal Research/Development Fund	68501

046	898-604	Coal Research and Development Fund	$	10,000,000	$	10,000,000	68502
TOTAL 046 Coal Research/Development Fund			$	10,000,000	$	10,000,000	68503
TOTAL ALL BUDGET FUND GROUPS			$	18,717,730	$	19,717,969	68504

COAL DEVELOPMENT OFFICE

68505

The foregoing appropriation item GRF 898-402, Coal	68506
Development Office, shall be used for the administrative costs of	68507
the Coal Development Office.	68508

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

68509

The foregoing appropriation item GRF 898-901, Coal R & D	68510
General Obligation Debt Service, shall be used to pay all debt	68511
service and related financing costs at the times they are required	68512
to be made during the period from July 1, 2007 to June 30, 2009	68513
for obligations issued under sections 151.01 and 151.07 of the	68514
Revised Code.	68515

SCIENCE AND TECHNOLOGY COLLABORATION

68516

The Air Quality Development Authority shall work in close	68517
collaboration with the Department of Development, the Board of	68518
Regents, and the Third Frontier Commission in relation to	68519
appropriation items and programs referred to as Alignment Programs	68520
in the following paragraph, and other technology-related	68521
appropriations and programs in the Department of Development, Air	68522
Quality Development Authority, and the Board of Regents as those	68523
agencies may designate, to ensure implementation of a coherent	68524
state strategy with respect to science and technology.	68525

To the extent permitted by law, the Air Quality Development	68526
Authority shall assure that coal research and development	68527
programs, proposals, and projects consider or incorporate	68528
appropriate collaborations with Third Frontier Project programs	68529
and grantees and with Alignment Programs and grantees.	68530

"Alignment Programs" means: appropriation items 195-401,	68531
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	68532
Third Frontier Action Fund; 898-604, Coal Research and Development	68533
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	68534
Institute of Technology; 235-510, Ohio Supercomputer Center;	68535
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	68536
235-535, Ohio Agricultural Research and Development Center;	68537
235-553, Dayton Area Graduate Studies Institute; 235-554,	68538
Priorities in Collaborative Graduate Education; 235-556, Ohio	68539
Academic Resources Network; and 195-435, Biomedical Research and	68540
Technology Transfer Trust.	68541

Consistent with the recommendations of the Governor's	68542
Commission on Higher Education and the Economy, Alignment Programs	68543
shall be managed and administered (1) to build on existing	68544
competitive research strengths, (2) to encourage new and emerging	68545
discoveries and commercialization of ideas and products that will	68546
benefit the Ohio economy, and (3) to assure improved collaboration	68547
among Alignment Programs, with programs administered by the Third	68548
Frontier Commission, and with other state programs that are	68549
intended to improve economic growth and job creation.	68550

As directed by the Third Frontier Commission, Alignment	68551
Program managers shall report to the Commission or to the Third	68552
Frontier Advisory Board on the contributions of their programs to	68553
achieving the objectives stated in the preceding paragraph.	68554

Each alignment program shall be reviewed annually by the	68555
Third Frontier Commission with respect to its development of	68556
complementary relationships within a combined state science and	68557
technology investment portfolio and its overall contribution to	68558
the state's science and technology strategy, including the	68559
adoption of appropriately consistent criteria for: (1) the	68560
scientific merit of activities supported by the program; (2) the	68561
relevance of the program's activities to commercial opportunities	68562
in the private sector; (3) the private sector's involvement in a	68563
process that continually evaluates commercial opportunities to use	68564
the work supported by the program; and (4) the ability of the	68565
program and recipients of grant funding from the program to engage	68566
in activities that are collaborative, complementary, and efficient	68567
with respect to the expenditure of state funds. Each alignment	68568
program shall provide annual reports to the Third Frontier	68569
Commission discussing existing, planned, or possible	68570
collaborations between programs and recipients of grant funding	68571
related to technology, development, commercialization, and	68572
supporting Ohio's economic development. The annual review by the	68573
Third Frontier Commission shall be a comprehensive review of the	68574
entire state science and technology program portfolio rather than	68575
a review of individual programs.	68576

Applicants for Third Frontier and Alignment Program funding	68577
shall identify their requirements for high-performance computing	68578
facilities and services, including both hardware and software, in	68579
all proposals. If an applicant's requirements exceed approximately	68580
$100,000 for a proposal, the Ohio Supercomputer Center shall	68581
convene a panel of experts. The panel shall review the proposal to	68582
determine whether the proposal's requirements can be met through	68583
Ohio Supercomputer Center facilities or through other means and	68584
report its conclusion to the Third Frontier Commission.	68585

To ensure that the state receives the maximum benefit from	68586
its investment in the Third Frontier Project and the Third	68587
Frontier Network, organizations receiving Third Frontier awards	68588
and Alignment Program awards shall, as appropriate, be expected to	68589
have a connection to the Third Frontier Network that enables them	68590
and their collaborators to achieve award objectives through the	68591
Third Frontier Network.	68592

CORRECTIVE CASH TRANSFER

68593

On the effective date of this section, or as soon as possible	68594
thereafter, the Director of Budget and Management may transfer	68595
$35,555.35 in cash from the General Revenue Fund (GRF) into the	68596
Coal Research and Development Bond Services Fund (Fund 076) to	68597
correct deposits that were mistakenly deposited into the General	68598
Revenue Fund (GRF).	68599

Section 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	68600
SERVICES	68601

General Revenue Fund	68602

GRF	038-321	Operating Expenses	$	1,071,861	$	1,071,861	68603
GRF	038-401	Treatment Services	$	38,661,063	$	41,661,063	68604
GRF	038-404	Prevention Services	$	1,052,127	$	1,552,127	68605
TOTAL GRF General Revenue Fund			$	40,785,051	$	44,285,051	68606

General Services Fund	68607

5T9	038-616		Problem Gambling Services		$	285,000		$	285,000		68608
TOTAL GSF General Services Fund Group					$	285,000		$	285,000		68609

Federal Special Revenue Fund Group	68610

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	68611
3G4	038-614	Substance Abuse Block Grant	$	73,000,000	$	73,000,000	68612
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	68613
3J8	038-610	Medicaid	$	46,000,000	$	46,000,000	68614
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	68615
TOTAL FED Federal Special Revenue							68616
Fund Group			$	130,093,075	$	130,093,075	68617

State Special Revenue Fund Group	68618

475	038-621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	68619
5BR	038-406	Tobacco Use Prevention and Control Program	$	205,000	$	205,000	68620
5DH	038-620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	68621
689	038-604	Education and Conferences	$	350,000	$	350,000	68622
TOTAL SSR State Special Revenue							68623
Fund Group			$	18,882,500	$	18,882,500	68624
TOTAL ALL BUDGET FUND GROUPS			$	190,045,626	$	193,545,626	68625

TREATMENT SERVICES

68626

Of the foregoing appropriation item 038-401, Treatment	68627
Services, not more than $8,190,000 shall be used by the Department	68628
of Alcohol and Drug Addiction Services for program grants for	68629
priority populations in each year of the biennium.	68630

SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN

68631

Of the foregoing appropriation item 038-401, Treatment	68632
Services, $4 million in each fiscal year shall be used to provide	68633
substance abuse services to families involved in the child welfare	68634
system under the requirements of Am. Sub. H.B. 484 of the 122nd	68635
General Assembly.	68636

THERAPEUTIC COMMUNITIES

68637

Of the foregoing appropriation item 038-401, Treatment	68638
Services, $750,000 shall be used in each fiscal year for the	68639
Therapeutic Communities Program in the Department of	68640
Rehabilitation and Correction.	68641

JUVENILE AFTERCARE PROGRAM

68642

Of the foregoing appropriation item 038-401, Treatment	68643
Services, $2,500,000 shall be used in fiscal year 2009 for the	68644
Juvenile Aftercare Program to provide community-based alcohol and	68645
other drug treatment to parolees from the Department of Youth	68646
Services.	68647

Of the foregoing appropriation item 038-401, Treatment	68648
Services, $5 million in each fiscal year shall be used for	68649
TANF-eligible expenses for substance abuse and treatment services	68650
to children or their families whose income is at or below 200 per	68651
cent of the federal poverty level.	68652

PERFORMANCE AUDIT

68653

The Auditor of State shall complete a performance audit of	68654
the Department of Alcohol and Drug Addiction Services. Upon	68655
completing the performance audit, the Auditor of State shall	68656
submit a report of the findings of the audit to the Governor, the	68657
President of the Senate, the Speaker of the House of	68658
Representatives, and the Director of Alcohol and Drug Addiction	68659
Services. Expenses incurred by the Auditor of State to conduct the	68660
performance audit shall be reimbursed by the Department of Alcohol	68661
and Drug Addiction Services.	68662

INTERNAL REVIEW

68663

The Director of Alcohol and Drug Addiction Services shall	68664
consult with the Director of Budget and Management and	68665
representatives of local and county alcohol and drug addiction	68666
services agencies to conduct an internal review of policies and	68667
procedures to increase efficiency and identify and eliminate	68668
duplicative practices. Any savings identified as a result of the	68669
internal review or the performance audit conducted by the Auditor	68670
of State shall be used for community-based care.	68671

The Director of Alcohol and Drug Addiction Services shall	68672
seek Controlling Board approval before expending any funds	68673
identified as a result of the internal review or the performance	68674
audit.	68675

Section 221.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

68676

General Services Fund Group	68677

4K9	891-609	Operating Expenses	$	638,110	$	565,141	68678
TOTAL GSF General Services Fund							68679
Group			$	638,110	$	565,141	68680
TOTAL ALL BUDGET FUND GROUPS			$	638,110	$	565,141	68681

Section 223.10. ART OHIO ARTS COUNCIL

68683

General Revenue Fund	68684

GRF	370-100	Personal Services	$	1,798,235	$	1,798,235	68685
GRF	370-200	Maintenance	$	459,746	$	459,746	68686
GRF	370-300	Equipment	$	82,700	$	82,700	68687
GRF	370-502	State Program Subsidies	$	10,147,480	$	10,147,480	68688
TOTAL GRF General Revenue Fund			$	12,488,161	$	12,488,161	68689

General Services Fund Group	68690

4B7	370-603	Percent for Art Acquisitions	$	86,366	$	86,366	68691
460	370-602	Management Expenses and Donations	$	285,000	$	285,000	68692
TOTAL GSF General Services Fund Group			$	371,366	$	371,366	68693

Federal Special Revenue Fund Group	68694

314	370-601	Federal Support	$	800,000	$	800,000	68695
TOTAL FED Federal Special Revenue Fund Group			$	800,000	$	800,000	68696
TOTAL ALL BUDGET FUND GROUPS			$	13,659,527	$	13,659,527	68697

PROGRAM SUBSIDIES

68698

A museum is not eligible to receive funds from appropriation	68699
item 370-502, State Program Subsidies, if $8,000,000 or more in	68700
capital appropriations were appropriated by the state for the	68701
museum between January 1, 1986, and December 31, 2002.	68702

Section 225.10. ATH ATHLETIC COMMISSION

68703

General Services Fund Group	68704

4K9	175-609	Operating Expenses	$	255,850	$	255,850	68705
TOTAL GSF General Services Fund Group			$	255,850	$	255,850	68706
TOTAL ALL BUDGET FUND GROUPS			$	255,850	$	255,850	68707

Section 227.10. AGO ATTORNEY GENERAL

68709

General Revenue Fund	68710

GRF	055-321	Operating Expenses	$	54,063,833	$	54,007,332	68711
GRF	055-411	County Sheriffs' Pay Supplement	$	813,117	$	842,134	68712
GRF	055-415	County Prosecutors' Pay Supplement	$	896,404	$	923,888	68713
TOTAL GRF General Revenue Fund			$	55,773,354	$	55,773,354	68714

General Services Fund Group	68715

106	055-612	General Reimbursement	$	29,870,196	$	29,870,196	68716
195	055-660	Workers' Compensation Section	$	8,002,720	$	8,002,720	68717
4Y7	055-608	Title Defect Rescission	$	750,000	$	750,000	68718
4Z2	055-609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	68719
418	055-615	Charitable Foundations	$	6,919,850	$	7,064,978	68720
420	055-603	Attorney General Antitrust	$	1,500,000	$	1,500,000	68721
421	055-617	Police Officers' Training Academy Fee	$	2,000,000	$	2,000,000	68722
5A9	055-618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	68723
590	055-633	Peace Officer Private Security Fund	$	98,370	$	98,370	68724
629	055-636	Corrupt Activity Investigation and Prosecution	$	15,000	$	15,000	68725
631	055-637	Consumer Protection Enforcement	$	2,500,000	$	2,500,000	68726
TOTAL GSF General Services Fund							68727
Group			$	52,663,636	$	52,808,764	68728

Federal Special Revenue Fund Group	68729

3E5	055-638	Attorney General Pass-Through Funds	$	2,850,000	$	3,030,000	68730
3R6	055-613	Attorney General Federal Funds	$	4,870,000	$	5,115,000	68731
306	055-620	Medicaid Fraud Control	$	3,139,500	$	3,296,500	68732
381	055-611	Civil Rights Legal Service	$	402,540	$	402,540	68733
383	055-634	Crime Victims Assistance	$	16,000,000	$	16,000,000	68734
TOTAL FED Federal Special Revenue							68735
Fund Group			$	27,262,040	$	27,844,040	68736

State Special Revenue Fund Group	68737

4L6	055-606	DARE	$	3,927,962	$	3,927,962	68738
402	055-616	Victims of Crime	$	34,000,000	$	34,000,000	68739
419	055-623	Claims Section	$	25,000,000	$	25,000,000	68740
659	055-641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	68741
TOTAL SSR State Special Revenue							68742
Fund Group			$	63,549,121	$	63,549,121	68743

Holding Account Redistribution Fund Group	68744

R04	055-631	General Holding Account	$	1,000,000	$	1,000,000	68745
R05	055-632	Antitrust Settlements	$	1,000	$	1,000	68746
R18	055-630	Consumer Frauds	$	750,000	$	750,000	68747
R42	055-601	Organized Crime Commission Distributions	$	25,025	$	25,025	68748
TOTAL 090 Holding Account							68749
Redistribution Fund Group			$	1,776,025	$	1,776,025	68750
TOTAL ALL BUDGET FUND GROUPS			$	201,024,176	$	201,751,304	68751

COUNTY SHERIFFS' PAY SUPPLEMENT

68752

The foregoing appropriation item 055-411, County Sheriffs'	68753
Pay Supplement, shall be used for the purpose of supplementing the	68754
annual compensation of county sheriffs as required by section	68755
325.06 of the Revised Code.	68756

At the request of the Attorney General, the Director of	68757
Budget and Management may transfer appropriation authority from	68758
appropriation item 055-321, Operating Expenses, to appropriation	68759
item 055-411, County Sheriffs' Pay Supplement. Any appropriation	68760
authority so transferred to appropriation item 055-411, County	68761
Sheriffs' Pay Supplement, shall be used to supplement the annual	68762
compensation of county sheriffs as required by section 325.06 of	68763
the Revised Code.	68764

COUNTY PROSECUTORS' PAY SUPPLEMENT

68765

The foregoing appropriation item 055-415, County Prosecutors'	68766
Pay Supplement, shall be used for the purpose of supplementing the	68767
annual compensation of certain county prosecutors as required by	68768
section 325.111 of the Revised Code.	68769

At the request of the Attorney General, the Director of	68770
Budget and Management may transfer appropriation authority from	68771
appropriation item 055-321, Operating Expenses, to appropriation	68772
item 055-415, County Prosecutors' Pay Supplement. Any	68773
appropriation authority so transferred to appropriation item	68774
055-415, County Prosecutors' Pay Supplement, shall be used to	68775
supplement the annual compensation of county prosecutors as	68776
required by section 325.111 of the Revised Code.	68777

WORKERS' COMPENSATION SECTION

68778

The Workers' Compensation Section Fund (Fund 195) is entitled	68779
to receive payments from the Bureau of Workers' Compensation and	68780
the Ohio Industrial Commission at the beginning of each quarter of	68781
each fiscal year to fund legal services to be provided to the	68782
Bureau of Workers' Compensation and the Ohio Industrial Commission	68783
during the ensuing quarter. The advance payment shall be subject	68784
to adjustment.	68785

In addition, the Bureau of Workers' Compensation shall	68786
transfer payments at the beginning of each quarter for the support	68787
of the Workers' Compensation Fraud Unit.	68788

All amounts shall be mutually agreed upon by the Attorney	68789
General, the Bureau of Workers' Compensation, and the Ohio	68790
Industrial Commission.	68791

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

68792

The foregoing appropriation item 055-636, Corrupt Activity	68793
Investigation and Prosecution, shall be used as provided by	68794
division (D)(2) of section 2923.35 of the Revised Code to dispose	68795
of the proceeds, fines, and penalties credited to the Corrupt	68796
Activity Investigation and Prosecution Fund, which is created in	68797
division (D)(1)(b) of section 2923.35 of the Revised Code.	68798

GENERAL HOLDING ACCOUNT

68799

The foregoing appropriation item 055-631, General Holding	68800
Account, shall be used to distribute moneys under the terms of	68801
relevant court orders received from settlements in a variety of	68802
cases involving the Office of the Attorney General.	68803

ATTORNEY GENERAL PASS-THROUGH FUNDS

68804

The foregoing appropriation item 055-638, Attorney General	68805
Pass-Through Funds, shall be used to receive federal grant funds	68806
provided to the Attorney General by other state agencies,	68807
including, but not limited to, the Department of Youth Services	68808
and the Department of Public Safety.	68809

ANTITRUST SETTLEMENTS

68810

The foregoing appropriation item 055-632, Antitrust	68811
Settlements, shall be used to distribute court-ordered antitrust	68812
settlements in which the Office of Attorney General represents the	68813
state or a political subdivision under section 109.81 of the	68814
Revised Code.	68815

CONSUMER FRAUDS

68816

The foregoing appropriation item 055-630, Consumer Frauds,	68817
shall be used for distribution of moneys from court-ordered	68818
judgments against sellers in actions brought by the Office of	68819
Attorney General under sections 1334.08 and 4549.48 and division	68820
(B) of section 1345.07 of the Revised Code. These moneys shall be	68821
used to provide restitution to consumers victimized by the fraud	68822
that generated the court-ordered judgments.	68823

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

68824

The foregoing appropriation item 055-601, Organized Crime	68825
Commission Distributions, shall be used by the Organized Crime	68826
Investigations Commission, as provided by section 177.011 of the	68827
Revised Code, to reimburse political subdivisions for the expenses	68828
the political subdivisions incur when their law enforcement	68829
officers participate in an organized crime task force.	68830

BCI ASSET FORFEITURE AND COST REIMBURSEMENT

68831

The Bureau of Criminal Identification and Investigation Asset	68832
Forfeiture and Cost Reimbursement Fund created by section 109.521	68833
of the Revised Code is the same fund as the BCI Asset Forfeiture	68834
and Cost Reimbursement Fund created by the Controlling Board in	68835
January 1997.	68836

FUND ADJUSTMENTS

68837

On July 1, 2007, or as soon as practicable thereafter, the	68838
Director of Budget and Management shall transfer the cash balance	68839
in the Employment Services Fund (Fund 107) to the General	68840
Reimbursement Fund (Fund 106). The Director shall cancel any	68841
existing encumbrances against appropriation item 055-624,	68842
Employment Services, and re-establish them against appropriation	68843
item 055-612, General Reimbursement. The amounts of the	68844
re-established encumbrances are hereby appropriated. Upon	68845
completion of these transfers, the Employment Services Fund (Fund	68846
107) is hereby abolished.	68847

On July 1, 2007, or as soon as practicable thereafter, the	68848
Director of Budget and Management shall transfer the cash balance	68849
in the Crime Victims Compensation Fund (Fund 108) to the	68850
Reparations Fund (Fund 402). Upon completion of this transfer, the	68851
Crime Victims Compensation Fund (Fund 108) is hereby abolished.	68852

Section 229.10. AUD AUDITOR OF STATE

68853

General Revenue Fund	68854

GRF	070-321	Operating Expenses	$	31,469,552	$	32,771,482	68855
GRF	070-403	Fiscal Watch/Emergency Technical Assistance	$	600,000	$	600,000	68856
TOTAL GRF General Revenue Fund			$	32,069,552	$	33,371,482	68857

Auditor of State Fund Group	68858

109	070-601	Public Audit Expense - Intra-State	$	11,000,000	$	11,000,000	68859
422	070-601	Public Audit Expense - Local Government	$	33,000,000	$	34,000,000	68860
584	070-603	Training Program	$	181,250	$	181,250	68861
675	070-605	Uniform Accounting Network	$	3,317,336	$	3,317,336	68862
TOTAL AUD Auditor of State Fund							68863
Group			$	47,498,586	$	48,498,586	68864
TOTAL ALL BUDGET FUND GROUPS			$	79,568,138	$	81,870,068	68865

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

68866

The foregoing appropriation item 070-403, Fiscal	68867
Watch/Emergency Technical Assistance, shall be used for expenses	68868
incurred by the Office of the Auditor of State in its role	68869
relating to fiscal watch or fiscal emergency activities under	68870
Chapters 118. and 3316. of the Revised Code. Expenses include, but	68871
are not limited to, the following: duties related to the	68872
determination or termination of fiscal watch or fiscal emergency	68873
of municipal corporations, counties, or townships as outlined in	68874
Chapter 118. of the Revised Code and of school districts as	68875
outlined in Chapter 3316. of the Revised Code; development of	68876
preliminary accounting reports; performance of annual forecasts;	68877
provision of performance audits; and supervisory, accounting, or	68878
auditing services for the mentioned public entities and school	68879
districts. The unencumbered balance of appropriation item 070-403,	68880
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	68881
year 2008 is transferred to fiscal year 2009 for use under the	68882
same appropriation item.	68883

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND	68884
TRANSFER	68885

Upon the request of the Auditor of State, and subject to	68886
approval from the Controlling Board, effective July 1, 2007, or as	68887
soon thereafter as possible, the Director of Budget and Management	68888
shall transfer the appropriation balance in GRF appropriation item	68889
070-406, Uniform Accounting Network/Technology Improvements Fund,	68890
to GRF appropriation item 070-321, Operating Expenses. The	68891
Director shall cancel any existing encumbrances against GRF	68892
appropriation item 070-406, Uniform Accounting Network/Technology	68893
Improvement Fund, and re-establish them against GRF appropriation	68894
item 070-321, Operating Expenses. The amounts of the	68895
re-established encumbrances are hereby appropriated.	68896

Section 231.10. BRB BOARD OF BARBER EXAMINERS

68897

General Services Fund Group	68898

4K9	877-609	Operating Expenses	$	608,045	$	628,264	68899
TOTAL GSF General Services Fund							68900
Group			$	608,045	$	628,264	68901
TOTAL ALL BUDGET FUND GROUPS			$	608,045	$	628,264	68902

Section 233.10. OBM OFFICE OF BUDGET AND MANAGEMENT

68904

General Revenue Fund	68905

GRF	042-321	Budget Development and Implementation	$	2,026,011	$	2,128,284	68906
GRF	042-410	National Association Dues	$	28,700	$	29,561	68907
GRF	042-412	Audit of Auditor of State	$	60,460	$	60,460	68908
GRF	042-413	Payment Issuance	$	1,191,802	$	1,150,192	68909
GRF	042-416	Medicaid Agency Transition	$	0	$	1,500,000	68910
TOTAL GRF General Revenue Fund			$	3,306,973	$	4,868,497	68911

General Services Fund Group	68912

105	042-603		State Accounting and Budgeting		$	12,115,134		$	12,742,551		68913
TOTAL GSF General Services Fund Group					$	12,115,134		$	12,742,551		68914

Federal Special Revenue Fund Group	68915

3CM	042-606		Medicaid Agency Transition		$	0		$	1,500,000		68916
TOTAL FED Federal Special Revenue Fund Group					$	0		$	1,500,000		68917

State Special Revenue Fund Group	68918

5N4	042-602		OAKS Project Implementation		$	2,200,725		$	2,132,168		68919
TOTAL SSR State Special Revenue Fund Group					$	2,200,725		$	2,132,168		68920

Agency Fund Group	68921

5EH	042-604	Forgery Recovery	$	35,000	$	35,000	68922
TOTAL AGY Agency Fund Group			$	35,000	$	35,000	68923
TOTAL ALL BUDGET FUND GROUPS			$	17,657,832	$	21,278,216	68924

AUDIT COSTS

68925

Of the foregoing appropriation item 042-603, State Accounting	68926
and Budgeting, not more than $435,000 in fiscal year 2008 and	68927
$445,000 in fiscal year 2009 shall be used to pay for centralized	68928
audit costs associated with either Single Audit Schedules or	68929
financial statements prepared in conformance with generally	68930
accepted accounting principles for the state.	68931

Section 233.20. OAKS SUPPORT ORGANIZATION

68932

The OAKS Support Organization shall operate and maintain the	68933
financial management module of the state's enterprise resource	68934
planning system to support the activities of the Office of Budget	68935
and Management. The OAKS Support Organization shall recover the	68936
costs to establish and maintain the enterprise resource planning	68937
system through billings to the Office of Budget and Management.	68938

Effective July 1, 2007, the Office of Budget Management shall	68939
include the recovery of costs to administer the financial module	68940
of the OAKS System in the accounting and budgeting services	68941
payroll rate. These revenues shall be deposited to the credit of	68942
the Accounting and Budgeting Services Fund (Fund 105). Amounts	68943
deposited under this section are hereby appropriated to	68944
appropriation item 042-603, State Accounting and Budgeting. Not	68945
less than quarterly, the Office of Budget and Management shall	68946
process the intrastate transfer voucher billings to transfer the	68947
Accounting and Budgeting Services Fund (Fund 105) to the OAKS	68948
Support Organization Fund (Fund 5EB), to pay for the OAKS Support	68949
Organization Costs.	68950

TRANSFER BALANCE OF CONTINUOUS RECEIPTS FUND

68951

On or before July 31, 2007, the unencumbered cash balance in	68952
the Continuous Receipts Fund (Fund R06) shall be transferred to	68953
the Forgery Recovery Fund (Fund 5EH).	68954

Section 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

68955

General Revenue Fund	68956

GRF	874-100	Personal Services	$	2,057,000	$	2,057,000	68957
GRF	874-320	Maintenance and Equipment	$	1,085,837	$	1,080,837	68958
TOTAL GRF General Revenue Fund			$	3,142,837	$	3,137,837	68959

General Services Fund Group	68960

4G5	874-603	Capitol Square Education Center and Arts	$	15,000	$	15,000	68961
4S7	874-602	Statehouse Gift Shop/Events	$	650,484	$	650,484	68962
TOTAL GSF General Services							68963
Fund Group			$	665,484	$	665,484	68964

Underground Parking Garage	68965

208	874-601	Underground Parking Garage Operations	$	2,706,993	$	2,706,993	68966
TOTAL UPG Underground Parking							68967
Garage			$	2,706,993	$	2,706,993	68968
TOTAL ALL BUDGET FUND GROUPS			$	6,515,314	$	6,510,314	68969

Section 237.10. SCR STATE BOARD OF CAREER COLLEGES AND	68971
SCHOOLS	68972

General Services Fund Group	68973

4K9	233-601	Operating Expenses	$	552,300	$	572,700	68974
TOTAL GSF General Services Fund Group			$	552,300	$	572,700	68975
TOTAL ALL BUDGET FUND GROUPS			$	552,300	$	572,700	68976

Section 239.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

68978

General Services Fund Group	68979

4K9	930-609	Operating Expenses	$	530,864	$	551,146	68980
TOTAL GSF General Services Fund Group			$	530,864	$	551,146	68981
TOTAL ALL BUDGET FUND GROUPS			$	530,864	$	551,146	68982

Section 241.10. CHR STATE CHIROPRACTIC BOARD

68984

General Services Fund Group	68985

4K9	878-609	Operating Expenses	$	607,445	$	621,621	68986
TOTAL GSF General Services Fund Group			$	607,445	$	621,621	68987
TOTAL ALL BUDGET FUND GROUPS			$	607,445	$	621,621	68988

Section 243.10. CIV OHIO CIVIL RIGHTS COMMISSION

68990

General Revenue Fund	68991

GRF	876-321		Operating Expenses		$	7,415,134		$	7,097,134		68992
TOTAL GRF General Revenue Fund					$	7,415,134		$	7,097,134		68993

Federal Special Revenue Fund Group	68994

334	876-601	Investigations	$	3,965,507	$	4,602,185	68995
TOTAL FED Federal Special Revenue							68996
Fund Group			$	3,965,507	$	4,602,185	68997

State Special Revenue Fund Group	68998

217	876-604	Operations Support	$	60,000	$	60,000	68999
TOTAL SSR State Special							69000
Revenue Fund Group			$	60,000	$	60,000	69001
TOTAL ALL BUDGET FUND GROUPS			$	11,440,641	$	11,759,319	69002

OPERATING EXPENSES

69003

Of the foregoing appropriation item 876-321, Operating	69004
Expenses, at least $318,000 in fiscal year 2008 is to be used to	69005
purchase computer and information technology equipment.	69006

Section 245.10. COM DEPARTMENT OF COMMERCE

69007

General Revenue Fund	69008

GRF	800-410		Labor and Worker Safety		$	2,132,396		$	2,132,396		69009
Total GRF General Revenue Fund					$	2,132,396		$	2,132,396		69010

General Services Fund Group	69011

163	800-620	Division of Administration	$	4,323,037	$	4,413,037	69012
163	800-637	Information Technology	$	6,650,150	$	6,780,963	69013
5F1	800-635	Small Government Fire Departments	$	300,000	$	300,000	69014
543	800-602	Unclaimed Funds-Operating	$	7,880,468	$	8,049,937	69015
543	800-625	Unclaimed Funds-Claims	$	70,000,000	$	75,000,000	69016
TOTAL GSF General Services Fund							69017
Group			$	89,153,655	$	94,543,937	69018

Federal Special Revenue Fund Group	69019

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	69020
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	69021
TOTAL FED Federal Special Revenue							69022
Fund Group			$	2,045,008	$	2,045,008	69023

State Special Revenue Fund Group	69024

4B2	800-631	Real Estate Appraisal Recovery	$	35,000	$	35,000	69025
4H9	800-608	Cemeteries	$	273,465	$	273,465	69026
4X2	800-619	Financial Institutions	$	2,474,414	$	2,523,918	69027
5K7	800-621	Penalty Enforcement	$	50,000	$	50,000	69028
544	800-612	Banks	$	6,516,507	$	6,703,253	69029
545	800-613	Savings Institutions	$	2,244,370	$	2,286,616	69030
546	800-610	Fire Marshal	$	13,104,393	$	13,579,150	69031
546	800-639	Fire Department Grants	$	1,647,140	$	1,647,140	69032
546	800-640	Homeland Security Grants	$	10,000	$	10,000	69033
547	800-603	Real Estate Education/Research	$	250,000	$	250,000	69034
548	800-611	Real Estate Recovery	$	50,000	$	50,000	69035
549	800-614	Real Estate	$	3,480,038	$	3,574,171	69036
550	800-617	Securities	$	4,312,453	$	4,473,094	69037
552	800-604	Credit Union	$	3,521,037	$	3,627,390	69038
553	800-607	Consumer Finance	$	5,800,445	$	5,800,445	69039
556	800-615	Industrial Compliance	$	25,033,908	$	25,570,011	69040
6A4	800-630	Real Estate Appraiser-Operating	$	664,006	$	664,006	69041
653	800-629	UST Registration/Permit Fee	$	1,512,512	$	1,467,160	69042
TOTAL SSR State Special Revenue							69043
Fund Group			$	70,979,688	$	72,584,819	69044

Liquor Control Fund Group	69045

043	800-601	Merchandising	$	440,499,979	$	464,027,015	69046
043	800-627	Liquor Control Operating	$	15,980,724	$	16,334,583	69047
043	800-633	Development Assistance Debt Service	$	33,678,800	$	38,616,800	69048
043	800-636	Revitalization Debt Service	$	12,620,900	$	15,683,300	69049
TOTAL LCF Liquor Control							69050
Fund Group			$	502,780,403	$	534,661,698	69051
TOTAL ALL BUDGET FUND GROUPS			$	667,091,150	$	705,967,858	69052

SMALL GOVERNMENT FIRE DEPARTMENTS

69053

Notwithstanding section 3737.17 of the Revised Code, the	69054
foregoing appropriation item 800-635, Small Government Fire	69055
Departments, may be used to provide loans to private fire	69056
departments.	69057

UNCLAIMED FUNDS PAYMENTS

69058

The foregoing appropriation item 800-625, Unclaimed	69059
Funds-Claims, shall be used to pay claims under section 169.08 of	69060
the Revised Code. If it is determined that additional amounts are	69061
necessary, the amounts are hereby appropriated.	69062

UNCLAIMED FUNDS TRANSFERS

69063

Notwithstanding division (A) of section 169.05 of the Revised	69064
Code, prior to June 30, 2008, and upon the request of the Director	69065
of Budget and Management, the Director of Commerce shall transfer	69066
to the General Revenue Fund up to $29,275,000 of unclaimed funds	69067
that have been reported by holders of unclaimed funds under	69068
section 169.05 of the Revised Code, irrespective of the allocation	69069
of the unclaimed funds under that section.	69070

Notwithstanding division (A) of section 169.05 of the Revised	69071
Code, prior to June 30, 2009, and upon the request of the Director	69072
of Budget and Management, the Director of Commerce shall transfer	69073
to the General Revenue Fund up to $29,275,000 of unclaimed funds	69074
that have been reported by holders of unclaimed funds under	69075
section 169.05 of the Revised Code, irrespective of the allocation	69076
of the unclaimed funds under that section.	69077

CASH TRANSFER TO GENERAL REVENUE FUND

69078

Notwithstanding any other law to the contrary, the Director	69079
of Budget and Management shall transfer up to $5,700,000 in cash	69080
in fiscal year 2008 and up to $5,800,000 in cash in fiscal year	69081
2009 from the State Fire Marshal Fund (Fund 546) to the General	69082
Revenue Fund.	69083

FIRE DEPARTMENT GRANTS

69084

Of the foregoing appropriation item 800-639, Fire Department	69085
Grants, up to $760,000 in each fiscal year shall be used to make	69086
annual grants to volunteer fire departments of up to $10,000, or	69087
up to $25,000 if the volunteer fire department provides service	69088
for an area affected by a natural disaster. The grant program	69089
shall be administered by the Fire Marshal under the Department of	69090
Commerce. The Fire Marshal shall adopt rules as are necessary for	69091
the administration and operation of the grant program.	69092

Of the foregoing appropriation item 800-639, Fire Department	69093
Grants, up to $687,140 in each fiscal year shall be used as full	69094
or partial reimbursement to local units of government and fire	69095
departments for the cost of firefighter training and equipment or	69096
gear. Under rules that the department shall adopt, a local unit of	69097
government or fire department may apply to the department for a	69098
grant to cover all documented costs that are incurred to provide	69099
firefighter training and equipment or gear. The department shall	69100
make grants within the limits of the funding provided, with	69101
priority given to fire departments that serve small villages and	69102
townships.	69103

Of the foregoing appropriation item 800-639, Fire Department	69104
Grants, up to $200,000 in each fiscal year shall be used to make	69105
grants to fire departments to assist in the conversion of existing	69106
data systems to the NFIRS 5 electronic fire reporting system.	69107
Under rules that the department shall adopt, awards shall have a	69108
maximum of $50,000 per fire department and shall be based on a	69109
point system that includes factors such as consideration of the	69110
fire department's information technology and operating budgets,	69111
population and area served, number of incidents, data conversion	69112
and implementation methods, and readiness.	69113

CASH TRANSFER TO REAL ESTATE OPERATING FUND

69114

At the request of the Director of Commerce, the Director of	69115
Budget and Management may transfer up to $100,000 in cash from the	69116
Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash	69117
from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the	69118
Real Estate Operating Fund (Fund 549) during fiscal years	69119
2008-2009.	69120

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

69121

The foregoing appropriation item 800-601, Merchandising,	69122
shall be used under section 4301.12 of the Revised Code. If it is	69123
determined that additional amounts are necessary, the amounts are	69124
hereby appropriated.	69125

DEVELOPMENT ASSISTANCE DEBT SERVICE

69126

The foregoing appropriation item 800-633, Development	69127
Assistance Debt Service, shall be used to pay debt service and	69128
related financing costs at the times they are required to be made	69129
during the period from July 1, 2007, to June 30, 2009, for bond	69130
service charges on obligations issued under Chapter 166. of the	69131
Revised Code. If it is determined that additional appropriations	69132
are necessary for this purpose, such amounts are hereby	69133
appropriated, subject to the limitations set forth in section	69134
166.11 of the Revised Code. An appropriation for this purpose is	69135
not required, but is made in this form and in this act for record	69136
purposes only.	69137

REVITALIZATION DEBT SERVICE

69138

The foregoing appropriation item 800-636, Revitalization Debt	69139
Service, shall be used to pay debt service and related financing	69140
costs under sections 151.01 and 151.40 of the Revised Code during	69141
the period from July 1, 2007, to June 30, 2009. If it is	69142
determined that additional appropriations are necessary for this	69143
purpose, such amounts are hereby appropriated. The General	69144
Assembly acknowledges the priority of the pledge of a portion of	69145
receipts from that source to obligations issued and to be issued	69146
under Chapter 166. of the Revised Code.	69147

ADMINISTRATIVE ASSESSMENTS

69148

Notwithstanding any other provision of law to the contrary,	69149
Fund 163, Division of Administration, is entitled to receive	69150
assessments from all operating funds of the department in	69151
accordance with procedures prescribed by the Director of Commerce	69152
and approved by the Director of Budget and Management.	69153

Section 247.10. OCC OFFICE OF CONSUMERS' COUNSEL

69154

General Services Fund Group	69155

5F5	053-601	Operating Expenses	$	8,498,070	$	8,498,070	69156
TOTAL GSF General Services Fund Group			$	8,498,070	$	8,498,070	69157
TOTAL ALL BUDGET FUND GROUPS			$	8,498,070	$	8,498,070	69158

Section 249.10. CEB CONTROLLING BOARD

69160

General Revenue Fund	69161

GRF	911-404	Mandate Assistance	$	650,000	$	650,000	69162
GRF	911-441	Ballot Advertising Costs	$	300,000	$	300,000	69163
TOTAL GRF General Revenue Fund			$	950,000	$	950,000	69164
TOTAL ALL BUDGET FUND GROUPS			$	950,000	$	950,000	69165

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	69166
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	69167

Notwithstanding any other provision of law to the contrary,	69168
the Director of Budget and Management may, with Controlling Board	69169
approval, transfer up to $4,000,000 in cash, in each of fiscal	69170
years 2008 and 2009, from the Disaster Services Fund (Fund 5E2) to	69171
the General Revenue Fund. Upon completion of the transfer, the	69172
Director of Budget and Management shall appropriate the	69173
transferred amount to appropriation item 911-401, Emergency	69174
Purposes/Contingencies. The Controlling Board may, at the request	69175
of any state agency or the Director of Budget and Management,	69176
transfer all or part of the appropriation in appropriation item	69177
911-401, Emergency Purposes/Contingencies, for the purpose of	69178
providing disaster and emergency situation aid to state agencies	69179
and political subdivisions in the event of disasters and emergency	69180
situations or for the other purposes noted in this section,	69181
including, but not limited to, costs related to the disturbance	69182
that occurred on April 11, 1993, at the Southern Ohio Correctional	69183
Facility in Lucasville, Ohio.	69184

FEDERAL SHARE

69185

In transferring appropriations to or from appropriation items	69186
that have federal shares identified in this act, the Controlling	69187
Board shall add or subtract corresponding amounts of federal	69188
matching funds at the percentages indicated by the state and	69189
federal division of the appropriations in this act. Such changes	69190
are hereby appropriated.	69191

DISASTER ASSISTANCE

69192

Pursuant to requests submitted by the Department of Public	69193
Safety, the Controlling Board may approve transfers from	69194
appropriation item 911-401, Emergency Purposes/Contingencies, to	69195
Department of Public Safety appropriation items to provide funding	69196
for assistance to political subdivisions and individuals made	69197
necessary by natural disasters or emergencies. Such transfers may	69198
be requested and approved prior to or following the occurrence of	69199
any specific natural disasters or emergencies in order to	69200
facilitate the provision of timely assistance.	69201

DISASTER SERVICES

69202

Pursuant to requests submitted by the Department of Public	69203
Safety, the Controlling Board may approve transfers from the	69204
Disaster Services Fund (5E2) to a Department of Public Safety fund	69205
and appropriation item to provide for assistance to political	69206
subdivisions made necessary by natural disasters or emergencies.	69207
These transfers may be requested and approved prior to the	69208
occurrence of any specific natural disasters or emergencies in	69209
order to facilitate the provision of timely assistance. The	69210
Emergency Management Agency of the Department of Public Safety	69211
shall use the funding to fund the State Disaster Relief Program	69212
for disasters that have been declared by the Governor, and the	69213
State Individual Assistance Program for disasters that have been	69214
declared by the Governor and the federal Small Business	69215
Administration. The Ohio Emergency Management Agency shall publish	69216
and make available application packets outlining procedures for	69217
the State Disaster Relief Program and the State Individual	69218
Assistance Program.	69219

The Disaster Services Fund (5E2) shall be used by the	69220
Controlling Board, pursuant to requests submitted by state	69221
agencies, to transfer cash and appropriation authority to any fund	69222
and appropriation item for the payment of state agency disaster	69223
relief program expenses for disasters declared by the Governor,	69224
if the Director of Budget and Management determines that	69225
sufficient funds exist.	69226

The unencumbered balance of the Disaster Services Fund (5E2)	69227
at the end of fiscal year 2008 is transferred to fiscal year 2009	69228
for use for the same purposes as in fiscal year 2009.	69229

SOUTHERN OHIO CORRECTIONAL FACILITY COST

69230

The Division of Criminal Justice Services in the Department	69231
of Public Safety and the Public Defender Commission may each	69232
request, upon approval of the Director of Budget and Management,	69233
additional funds from appropriation item 911-401, Emergency	69234
Purposes/Contingencies, for costs related to the disturbance that	69235
occurred on April 11, 1993, at the Southern Ohio Correctional	69236
Facility in Lucasville, Ohio.	69237

MANDATE ASSISTANCE

69238

(A) The foregoing appropriation item 911-404, Mandate	69239
Assistance, shall be used to provide financial assistance to local	69240
units of government and school districts for the cost of the	69241
following two state mandates:	69242

(1) The cost to county prosecutors for prosecuting certain	69243
felonies that occur on the grounds of state institutions operated	69244
by the Department of Rehabilitation and Correction and the	69245
Department of Youth Services;	69246

(2) The cost to school districts of in-service training for	69247
child abuse detection.	69248

(B) The Division of Criminal Justice Services in the	69249
Department of Public Safety and the Department of Education may	69250
prepare and submit to the Controlling Board one or more requests	69251
to transfer appropriations from appropriation item 911-404,	69252
Mandate Assistance. The state agencies charged with this	69253
administrative responsibility are listed below, as well as the	69254
estimated annual amounts that may be used for each program of	69255
state financial assistance.	69256

		ADMINISTERING		ESTIMATED ANNUAL		69257
PROGRAM		AGENCY		AMOUNT		69258

Prosecution Costs	Division of Criminal	$150,000	69259
	Justice Services		69260
Child Abuse Detection Training Costs	Department of Education	$500,000	69261

(C) Subject to the total amount appropriated in each fiscal	69262
year for appropriation item 911-404, Mandate Assistance, the	69263
Division of Criminal Justice Services in the Department of Public	69264
Safety and the Department of Education may request from the	69265
Controlling Board that amounts smaller or larger than these	69266
estimated annual amounts be transferred to each program.	69267

(D) In addition to making the initial transfers requested by	69268
the Division of Criminal Justice Services in the Department of	69269
Public Safety and the Department of Education, the Controlling	69270
Board may transfer appropriations received by a state agency under	69271
this section back to appropriation item 911-404, Mandate	69272
Assistance, or to the other program of state financial assistance	69273
identified under this section.	69274

(E) It is expected that not all costs incurred by local units	69275
of government and school districts under each of the two programs	69276
of state financial assistance identified in this section will be	69277
fully reimbursed by the state. Reimbursement levels may vary by	69278
program and shall be based on: the relationship between the	69279
appropriation transfers requested by the Division of Criminal	69280
Justice Services in the Department of Public Safety and the	69281
Department of Education and provided by the Controlling Board for	69282
each of the programs; the rules and procedures established for	69283
each program by the administering state agency; and the actual	69284
costs incurred by local units of government and school districts.	69285

(F) Each of these programs of state financial assistance	69286
shall be carried out as follows:	69287

(1) PROSECUTION COSTS

69288

(a) Appropriations may be transferred to the Division of	69289
Criminal Justice Services in the Department of Public Safety to	69290
cover local prosecution costs for aggravated murder, murder,	69291
felonies of the first degree, and felonies of the second degree	69292
that occur on the grounds of institutions operated by the	69293
Department of Rehabilitation and Correction and the Department of	69294
Youth Services.	69295

(b) Upon a delinquency filing in juvenile court or the return	69296
of an indictment for aggravated murder, murder, or any felony of	69297
the first or second degree that was committed at a Department of	69298
Youth Services or a Department of Rehabilitation and Correction	69299
institution, the affected county may, in accordance with rules	69300
that the Division of Criminal Justice Services in the Department	69301
of Public Safety shall adopt, apply to the Division of Criminal	69302
Justice Services for a grant to cover all documented costs that	69303
are incurred by the county prosecutor's office.	69304

(c) Twice each year, the Division of Criminal Justice	69305
Services in the Department of Public Safety shall designate	69306
counties to receive grants from those counties that have submitted	69307
one or more applications in compliance with the rules that have	69308
been adopted by the Division of Criminal Justice Services for the	69309
receipt of such grants. In each year's first round of grant	69310
awards, if sufficient appropriations have been made, up to a total	69311
of $100,000 may be awarded. In each year's second round of grant	69312
awards, the remaining appropriations available for this purpose	69313
may be awarded.	69314

(d) If for a given round of grants there are insufficient	69315
appropriations to make grant awards to all the eligible counties,	69316
the first priority shall be given to counties with cases involving	69317
aggravated murder and murder; second priority shall be given to	69318
counties with cases involving a felony of the first degree; and	69319
third priority shall be given to counties with cases involving a	69320
felony of the second degree. Within these priorities, the grant	69321
awards shall be based on the order in which the applications were	69322
received, except that applications for cases involving a felony of	69323
the first or second degree shall not be considered in more than	69324
two consecutive rounds of grant awards.	69325

(2) CHILD ABUSE DETECTION TRAINING COSTS

69326

Appropriations may be transferred to the Department of	69327
Education for disbursement to local school districts as full or	69328
partial reimbursement for the cost of providing in-service	69329
training for child abuse detection. In accordance with rules that	69330
the department shall adopt, a local school district may apply to	69331
the department for a grant to cover all documented costs that are	69332
incurred to provide in-service training for child abuse detection.	69333
The department shall make grants within the limits of the funding	69334
provided.	69335

(G) Any moneys allocated within appropriation item 911-404,	69336
Mandate Assistance, not fully utilized may, upon application of	69337
the Ohio Public Defender Commission, and with the approval of the	69338
Controlling Board, be disbursed to boards of county commissioners	69339
to provide additional reimbursement for the costs incurred by	69340
counties in providing defense to indigent defendants pursuant to	69341
Chapter 120. of the Revised Code. Application for the unutilized	69342
funds shall be made by the Ohio Public Defender Commission at the	69343
first June meeting of the Controlling Board.	69344

The amount to be disbursed to each county shall be allocated	69345
proportionately on the basis of the total amount of reimbursement	69346
paid to each county as a percentage of the amount of reimbursement	69347
paid to all of the counties during the most recent state fiscal	69348
year for which data is available and as calculated by the Ohio	69349
Public Defender Commission.	69350

BALLOT ADVERTISING COSTS

69351

Pursuant to requests submitted by the Ohio Ballot Board, the	69352
Controlling Board shall approve transfers from the foregoing	69353
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	69354
Ballot Board appropriation item in order to reimburse county	69355
boards of elections for the cost of public notices associated with	69356
statewide ballot initiatives.	69357

Section 251.10. COS STATE BOARD OF COSMETOLOGY

69358

General Services Fund Group	69359

4K9	879-609	Operating Expenses	$	3,533,679	$	3,533,679	69360
TOTAL GSF General Services Fund							69361
Group			$	3,533,679	$	3,533,679	69362
TOTAL ALL BUDGET FUND GROUPS			$	3,533,679	$	3,533,679	69363

Section 253.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	69365
AND FAMILY THERAPIST BOARD	69366

General Services Fund Group	69367

4K9	899-609	Operating Expenses	$	1,124,267	$	1,179,774	69368
TOTAL GSF General Services Fund							69369
Group			$	1,124,267	$	1,179,774	69370
TOTAL ALL BUDGET FUND GROUPS			$	1,124,267	$	1,179,774	69371

Section 255.10. CLA COURT OF CLAIMS

69373

General Revenue Fund	69374

GRF	015-321		Operating Expenses		$	2,758,681		$	2,841,441		69375
TOTAL GRF General Revenue Fund					$	2,758,681		$	2,841,441		69376

State Special Revenue Fund Group	69377

5K2	015-603	CLA Victims of Crime	$	1,582,684	$	1,582,684	69378
TOTAL SSR State Special Revenue							69379
Fund Group			$	1,582,684	$	1,582,684	69380
TOTAL ALL BUDGET FUND GROUPS			$	4,341,365	$	4,424,125	69381

Section 257.10. AFC OHIO CULTURAL FACILITIES COMMISSION

69383

General Revenue Fund	69384

GRF	371-321	Operating Expenses	$	176,136	$	176,136	69385
GRF	371-401	Lease Rental Payments	$	36,604,600	$	37,455,500	69386
TOTAL GRF General Revenue Fund			$	36,780,736	$	37,631,636	69387

State Special Revenue Fund Group	69388

4T8	371-601	Riffe Theatre Equipment Maintenance	$	81,000	$	81,000	69389
4T8	371-603	Project Administration Services	$	1,302,866	$	1,302,866	69390
TOTAL SSR State Special Revenue Group			$	1,383,866	$	1,383,866	69391
TOTAL ALL BUDGET FUND GROUPS			$	38,164,602	$	39,015,502	69392

LEASE RENTAL PAYMENTS

69393

The foregoing appropriation item 371-401, Lease Rental	69394
Payments, shall be used to meet all payments from the Ohio	69395
Cultural Facilities Commissions to the Treasurer of State during	69396
the period from July 1, 2007, to June 30, 2009, under the primary	69397
leases and agreements for those arts and sports facilities made	69398
under Chapters 152. and 154. of the Revised Code. This	69399
appropriation is the source of funds pledged for bond service	69400
charges on related obligations issued pursuant to Chapters 152.	69401
and 154. of the Revised Code.	69402

OPERATING EXPENSES

69403

The foregoing appropriation item 371-321, Operating Expenses,	69404
shall be used by the Ohio Cultural Facilities Commission to carry	69405
out its responsibilities under this section and Chapter 3383. of	69406
the Revised Code.	69407

By the tenth day following each calendar quarter in each	69408
fiscal year, or as soon as possible thereafter, the Director of	69409
Budget and Management shall determine the amount of cash from	69410
interest earnings to be transferred from the Cultural and Sports	69411
Facilities Building Fund (Fund 030) to the Cultural Facilities	69412
Commission Administration Fund (Fund 4T8).	69413

As soon as possible after each bond issuance made on behalf	69414
of the Cultural Facilities Commission, the Director of Budget and	69415
Management shall determine the amount of cash from any premium	69416
paid on each issuance that is available to be transferred after	69417
all issuance costs have been paid from the Cultural and Sports	69418
Facilities Building Fund (Fund 030) to the Cultural Facilities	69419
Commission Administration Fund (Fund 4T8).	69420

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

69421

The Executive Director of the Cultural Facilities Commission	69422
shall certify to the Director of Budget and Management the amount	69423
of cash receipts and related investment income, irrevocable	69424
letters of credit from a bank, or certification of the	69425
availability of funds that have been received from a county or a	69426
municipal corporation for deposit into the Capital Donations Fund	69427
(Fund 5A1) and are related to an anticipated project. These	69428
amounts are hereby appropriated to appropriation item CAP-702,	69429
Capital Donations. Prior to certifying these amounts to the	69430
Director, the Executive Director shall make a written agreement	69431
with the participating entity on the necessary cash flows required	69432
for the anticipated construction or equipment acquisition project.	69433

Section 259.10. DEN STATE DENTAL BOARD

69434

General Services Fund Group	69435

4K9	880-609	Operating Expenses	$	1,437,392	$	1,528,749	69436
TOTAL GSF General Services Fund							69437
Group			$	1,437,392	$	1,528,749	69438
TOTAL ALL BUDGET FUND GROUPS			$	1,437,392	$	1,528,749	69439

Section 261.10. BDP BOARD OF DEPOSIT

69441

General Services Fund Group	69442

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	69443
TOTAL GSF General Services Fund							69444
Group			$	1,676,000	$	1,676,000	69445
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	69446

BOARD OF DEPOSIT EXPENSE FUND

69447

Upon receiving certification of expenses from the Treasurer	69448
of State, the Director of Budget and Management shall transfer	69449
cash from the Investment Earnings Redistribution Fund (Fund 608)	69450
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	69451
shall be used to pay for banking charges and fees required for the	69452
operation of the State of Ohio Regular Account.	69453

Section 263.10. DEV DEPARTMENT OF DEVELOPMENT

69454

General Revenue Fund	69455

GRF	195-401	Thomas Edison Program	$	19,404,838	$	17,978,483	69456
GRF	195-404	Small Business Development	$	1,740,722	$	1,792,944	69457
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,627,700	69458
GRF	195-407	Travel and Tourism	$	1,800,000	$	1,800,000	69459
GRF	195-410	Defense Conversion Assistance	$	5,000,000	$	0	69460
GRF	195-412	Rapid Outreach Grants	$	10,750,000	$	10,000,000	69461
GRF	195-415	Economic Development Division and Regional Offices	$	5,894,975	$	6,071,824	69462
GRF	195-416	Governor's Office of Appalachia	$	4,746,043	$	4,746,043	69463
GRF	195-422	Third Frontier Action Fund	$	18,790,000	$	16,790,000	69464
GRF	195-426	Clean Ohio Implementation	$	300,000	$	309,000	69465
GRF	195-432	International Trade	$	4,650,501	$	4,650,501	69466
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,594,325	69467
GRF	195-436	Labor/Management Cooperation	$	836,225	$	836,225	69468
GRF	195-497	CDBG Operating Match	$	1,072,184	$	1,072,184	69469
GRF	195-498	State Match Energy	$	96,820	$	96,820	69470
GRF	195-501	Appalachian Local Development Districts	$	391,482	$	391,482	69471
GRF	195-502	Appalachian Regional Commission Dues	$	254,208	$	254,208	69472
GRF	195-507	Travel and Tourism Grants	$	1,130,000	$	1,115,000	69473
GRF	195-516	Shovel Ready Sites	$	1,000,000	$	1,000,000	69474
GRF	195-520	Ohio Main Street Program	$	750,000	$	250,000	69475
GRF	195-521	Discover Ohio!	$	7,182,845	$	8,182,845	69476
GRF	195-905	Third Frontier Research & Development General Obligation Debt Service	$	14,349,500	$	24,523,400	69477
GRF	195-912	Job Ready Site Development General Obligation Debt Service	$	4,359,400	$	8,232,500	69478
TOTAL GRF General Revenue Fund			$	118,307,534	$	124,315,484	69479

General Services Fund Group	69480

135	195-684	Supportive Services	$	11,699,404	$	11,321,444	69481
5AD	195-667	Investment in Training Expansion	$	2,000,000	$	0	69482
5AD	195-668	Workforce Guarantee Program	$	1,000,000	$	0	69483
5AD	195-677	Economic Development Contingency	$	5,000,000	$	24,400,000	69484
5W5	195-690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	69485
5W6	195-691	International Trade Cooperative Projects	$	300,000	$	300,000	69486
685	195-636	Direct Cost Recovery Expenditures	$	800,000	$	800,000	69487
TOTAL GSF General Services Fund							69488
Group			$	21,149,404	$	37,171,444	69489

Federal Special Revenue Fund Group	69490

3AE	195-643	Workforce Development Initiatives	$	5,839,900	$	5,860,000	69491
3BJ	195-685	TANF Heating Assistance	$	45,000,000	$	15,000,000	69492
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	69493
3K9	195-611	Home Energy Assistance Block Grant	$	110,000,000	$	110,000,000	69494
3K9	195-614	HEAP Weatherization	$	22,000,000	$	22,000,000	69495
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	69496
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	69497
308	195-602	Appalachian Regional Commission	$	475,000	$	475,000	69498
308	195-603	Housing and Urban Development	$	6,000,000	$	6,000,000	69499
308	195-605	Federal Projects	$	27,000,000	$	27,000,000	69500
308	195-609	Small Business Administration	$	4,296,381	$	4,396,381	69501
308	195-618	Energy Federal Grants	$	3,400,000	$	3,400,000	69502
335	195-610	Energy Conservation and Emerging Technology	$	2,200,000	$	2,200,000	69503
TOTAL FED Federal Special Revenue							69504
Fund Group			$	356,446,281	$	326,566,381	69505

State Special Revenue Fund Group	69506

4F2	195-639	State Special Projects	$	518,393	$	518,393	69507
4F2	195-676	Marketing Initiatives	$	5,000,000	$	1,000,000	69508
4S0	195-630	Tax Incentive Programs	$	650,800	$	650,800	69509
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	69510
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	69511
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	69512
451	195-625	Economic Development Financing Operating	$	3,233,311	$	3,233,311	69513
5AR	195-674	Industrial Site Improvements	$	4,500,000	$	4,500,000	69514
5CG	195-679	Alternative Fuel Transportation	$	1,500,000	$	1,000,000	69515
5DU	195-689	Energy Projects	$	840,000	$	840,000	69516
5M4	195-659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	69517
5M5	195-660	Advanced Energy Programs	$	17,000,000	$	17,000,000	69518
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	69519
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	69520
617	195-654	Volume Cap Administration	$	200,000	$	200,000	69521
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	69522
TOTAL SSR State Special Revenue							69523
Fund Group			$	334,641,556	$	330,141,556	69524

Facilities Establishment Fund Group	69525

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	69526
010	195-665	Research and Development	$	50,000,000	$	50,000,000	69527
037	195-615	Facilities Establishment	$	110,000,000	$	110,000,000	69528
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	69529
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	69530
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	69531
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	69532
TOTAL 037 Facilities							69533
Establishment Fund Group			$	224,475,000	$	224,475,000	69534

Clean Ohio Revitalization Fund	69535

003	195-663		Clean Ohio Operating		$	625,000		$	550,000		69536
TOTAL 003 Clean Ohio Revitalization Fund					$	625,000		$	550,000		69537

Third Frontier Research & Development Fund Group	69538

011	195-686	Third Frontier Operating	$	1,932,056	$	1,932,056	69539
011	195-687	Third Frontier Research & Development Projects	$	94,000,000	$	72,000,000	69540
014	195-692	Research & Development Taxable Bond Projects	$	28,000,000	$	28,000,000	69541
TOTAL 011 Third Frontier Research & Development Fund Group			$	123,932,056	$	101,932,056	69542

Job Ready Site Development Fund Group	69543

012	195-688		Job Ready Site Operating		$	1,246,155		$	1,246,155		69544
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		69545

TOTAL ALL BUDGET FUND GROUPS

1,180,822,986

1,146,398,076

69546

Section 263.10.10. THOMAS EDISON PROGRAM

69548

The foregoing appropriation item 195-401, Thomas Edison	69549
Program, shall be used for the purposes of sections 122.28 to	69550
122.38 of the Revised Code in order to provide funds for	69551
cooperative public and private efforts in technological innovation	69552
to promote the development and transfer of technology by and to	69553
Ohio businesses that will lead to the creation of jobs. Of the	69554
foregoing appropriation item 195-401, Thomas Edison Program, not	69555
more than ten per cent in each fiscal year shall be used for	69556
operating expenditures in administering the programs of the	69557
Technology Division.	69558

Of the foregoing appropriation item 195-401, Thomas Edison	69559
Program, $2,000,000 in fiscal year 2008 shall be used by	69560
Development Projects, Inc., for technology commercialization.	69561

Section 263.10.20. SMALL BUSINESS DEVELOPMENT

69562

The foregoing appropriation item 195-404, Small Business	69563
Development, shall be used to ensure that the unique needs and	69564
concerns of small businesses are addressed.	69565

The foregoing appropriation item 195-404, Small Business	69566
Development, may be used to provide grants to local organizations	69567
to support the operation of Small Business Development Centers and	69568
other local economic development activity promoting small	69569
business, including the 1st Stop Business Connection, and for the	69570
cost of administering the small business development center	69571
program. The centers shall provide technical, financial, and	69572
management consultation for small business and shall facilitate	69573
access to state and federal programs. These funds shall be used as	69574
matching funds for grants from the United States Small Business	69575
Administration and other federal agencies, pursuant to Public Law	69576
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and	69577
regulations and policy guidelines for the programs under this law.	69578

MINORITY BUSINESS DEVELOPMENT DIVISION

69579

Of the foregoing appropriation item 195-405, Minority	69580
Business Development Division, up to $1,060,000 but not less than	69581
$954,000 in each fiscal year shall be used to fund minority	69582
contractors and business assistance organizations. The Minority	69583
Business Development Division shall determine which cities need	69584
minority contractors and business assistance organizations by	69585
utilizing United States Census Bureau data and zip codes to locate	69586
the highest concentrations of minority businesses. The Minority	69587
Business Development Division also shall determine the numbers of	69588
minority contractors and business assistance organizations	69589
necessary and the amount of funding to be provided each. In	69590
addition, the Minority Business Development Division shall	69591
continue to plan and implement business conferences.	69592

Section 263.10.30. RAPID OUTREACH GRANTS

69593

The foregoing appropriation item 195-412, Rapid Outreach	69594
Grants, shall be used as an incentive for attracting and retaining	69595
business opportunities for the state. Any such business	69596
opportunity, whether new, expanding, or relocating in Ohio, is	69597
eligible for funding. The project must create or retain a	69598
significant number of jobs for Ohioans. Grant awards may be	69599
considered only when (1) the project's viability hinges on an	69600
award of funds from appropriation item 195-412, Rapid Outreach	69601
Grants; (2) all other public or private sources of financing have	69602
been considered; or (3) the funds act as a catalyst for the	69603
infusion into the project of other financing sources.	69604

The department's primary goal shall be to award funds to	69605
political subdivisions of the state for off-site infrastructure	69606
improvements. In order to meet the particular needs of economic	69607
development in a region, the department may elect to award funds	69608
directly to a business for on-site infrastructure improvements.	69609
"Infrastructure improvements" mean improvements to water system	69610
facilities, sewer and sewage treatment facilities, electric or gas	69611
service facilities, fiber optic facilities, rail facilities, site	69612
preparation, and parking facilities. The Director of Development	69613
may recommend the funds be used in an alternative manner when	69614
considered appropriate to meet an extraordinary economic	69615
development opportunity or need.	69616

The foregoing appropriation item 195-412, Rapid Outreach	69617
Grants, may be expended only after the submission of a request to	69618
the Controlling Board by the Department of Development outlining	69619
the planned use of the funds, and the subsequent approval of the	69620
request by the Controlling Board.	69621

The foregoing appropriation item 195-412, Rapid Outreach	69622
Grants, may be used for, but is not limited to, construction,	69623
rehabilitation, and acquisition projects for rail freight	69624
assistance as requested by the Department of Transportation. The	69625
Director of Transportation shall submit the proposed projects to	69626
the Director of Development for an evaluation of potential	69627
economic benefit.	69628

Section 263.10.40. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL	69629
OFFICES	69630

The foregoing appropriation item 195-415, Economic	69631
Development Division and Regional Offices, shall be used for the	69632
operating expenses of the Economic Development Division and the	69633
regional economic development offices and for grants for	69634
cooperative economic development ventures.	69635

Section 263.10.50. GOVERNOR'S OFFICE OF APPALACHIA

69636

The foregoing appropriation item 195-416, Governor's Office	69637
of Appalachia, shall be used for the administrative costs of	69638
planning and liaison activities for the Governor's Office of	69639
Appalachia, and to provide financial assistance to projects in	69640
Ohio's Appalachian counties.	69641

Of the foregoing appropriation item 195-416, Governor's	69642
Office of Appalachia, up to $250,000 each fiscal year shall be	69643
used to match federal funds from the Appalachian Regional	69644
Commission to provide job training to impact the Appalachian	69645
Region.	69646

Of the foregoing appropriation item 195-416, Governor's	69647
Office of Appalachia, up to $4,246,043 in each fiscal year shall	69648
be used in conjunction with other federal and state funds to	69649
provide financial assistance to projects in Ohio's Appalachian	69650
counties in order to further the goals of the Appalachian Regional	69651
Commission. The projects and project sponsors shall meet	69652
Appalachian Regional Commission eligibility requirements. Grants	69653
shall be administered by the Department of Development.	69654

Section 263.10.60. THIRD FRONTIER ACTION FUND

69655

The foregoing appropriation item 195-422, Third Frontier	69656
Action Fund, shall be used to make grants under sections 184.01	69657
and 184.02 of the Revised Code. Prior to the release of funds from	69658
appropriation item 195-422, Third Frontier Action Fund, each grant	69659
award shall be recommended for funding by the Third Frontier	69660
Commission and obtain approval from the Controlling Board.	69661

Of the foregoing appropriation item 195-422, Third Frontier	69662
Action Fund, not more than six per cent in each fiscal year shall	69663
be used for operating expenditures in administering the program.	69664

In addition to the six per cent for operating expenditures,	69665
an additional administrative amount, not to exceed $1,500,000	69666
within the biennium, shall be available for proposal evaluation,	69667
research and analyses, and marketing efforts considered necessary	69668
to receive and disseminate information about science and	69669
technology-related opportunities in the state.	69670

Of the foregoing appropriation item 195-422, Third Frontier	69671
Action Fund, $2,000,000 in fiscal year 2008 shall be used by	69672
Development Projects, Inc., for business and job creation	69673
resulting from Third Frontier investments.	69674

SCIENCE AND TECHNOLOGY COLLABORATION

69675

The Department of Development shall work in close	69676
collaboration with the Board of Regents, the Air Quality	69677
Development Authority, and the Third Frontier Commission in	69678
relation to appropriation items and programs referred to as	69679
Alignment Programs in the following paragraph, and other	69680
technology-related appropriations and programs in the Department	69681
of Development, Air Quality Development Authority, and the Board	69682
of Regents as these agencies may designate, to ensure	69683
implementation of a coherent state strategy with respect to	69684
science and technology.	69685

"Alignment Programs" means appropriation items 195-401,	69686
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	69687
Third Frontier Action Fund; 898-604, Coal Research and Development	69688
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	69689
Institute of Technology; 235-510, Ohio Supercomputer Center;	69690
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	69691
235-535, Ohio Agricultural Research and Development Center;	69692
235-553, Dayton Area Graduate Studies Institute; 235-554,	69693
Priorities in Collaborative Graduate Education; 235-556, Ohio	69694
Academic Resources Network; 195-435, Biomedical Research and	69695
Technology Transfer Trust; 195-687, Third Frontier Research &	69696
Development Projects; CAP-068, Third Frontier Project; and	69697
195-692, Research & Development Taxable Bond Projects.	69698

Consistent with the recommendations of the Governor's	69699
Commission on Higher Education and the Economy, Alignment Programs	69700
shall be managed and administered in accordance with the following	69701
objectives: (1) to build on existing competitive research	69702
strengths; (2) to encourage new and emerging discoveries and	69703
commercialization of products and ideas that will benefit the Ohio	69704
economy; and (3) to assure improved collaboration among Alignment	69705
Programs with programs administered by the Third Frontier	69706
Commission and with other state programs that are intended to	69707
improve economic growth and job creation. As directed by the Third	69708
Frontier Commission, Alignment Program managers shall report to	69709
the Commission or the Third Frontier Advisory Board regarding the	69710
contributions of their programs to achieving these objectives.	69711

Each Alignment Program shall be reviewed annually by the	69712
Third Frontier Commission with respect to its development of	69713
complementary relationships within a combined state science and	69714
technology investment portfolio, and with respect to its overall	69715
contribution to the state's science and technology strategy,	69716
including the adoption of appropriately consistent criteria for:	69717
(1) the scientific merit of activities supported by the program;	69718
(2) the relevance of the program's activities to commercial	69719
opportunities in the private sector; (3) the private sector's	69720
involvement in a process that continually evaluates commercial	69721
opportunities to use the work supported by the program; and (4)	69722
the ability of the program and recipients of grant funding from	69723
the program to engage in activities that are collaborative,	69724
complementary, and efficient with respect to the expenditures of	69725
state funds. Each Alignment Program shall provide an annual report	69726
to the Third Frontier Commission that discusses existing, planned,	69727
or possible collaborations between programs and between recipients	69728
of grant funding related to technology, development,	69729
commercialization, and the support of Ohio's economic development.	69730
The annual review conducted by the Third Frontier Commission shall	69731
be a comprehensive review of the entire state science and	69732
technology program portfolio rather than a review of individual	69733
programs.	69734

Applicants for Third Frontier and Alignment Programs funding	69735
shall identify their requirements for high-performance computing	69736
facilities and services, including both hardware and software, in	69737
all proposals. If an applicant's requirements exceed approximately	69738
$100,000 for a proposal, the Ohio Supercomputer Center shall	69739
convene a panel of experts. The panel shall review the proposal to	69740
determine whether the proposal's requirements can be met through	69741
Ohio Supercomputer Center facilities or through other means and	69742
report such information to the Third Frontier Commission.	69743

To ensure that the state receives the maximum benefit from	69744
its investment in the Third Frontier Project and the Third	69745
Frontier Network, organizations receiving Third Frontier awards	69746
and Alignment Programs awards shall, as appropriate, be expected	69747
to have a connection to the Third Frontier Network that enables	69748
them and their collaborators to achieve award objectives through	69749
the Third Frontier Network.	69750

Section 263.10.70. INTERNATIONAL TRADE

69751

The foregoing appropriation item 195-432, International	69752
Trade, shall be used to operate and to maintain Ohio's	69753
out-of-state trade offices.	69754

The Director of Development may enter into contracts with	69755
foreign nationals to staff foreign offices. The contracts may be	69756
paid in local currency or United States currency and shall be	69757
exempt from section 127.16 of the Revised Code. The director also	69758
may establish foreign currency accounts under section 122.05 of	69759
the Revised Code for the payment of expenses related to the	69760
operation and maintenance of the foreign trade offices.	69761

The foregoing appropriation item 195-432, International	69762
Trade, shall be used to fund the International Trade Division and	69763
to assist Ohio manufacturers and agricultural producers in	69764
exporting to foreign countries in conjunction with the Department	69765
of Agriculture.	69766

Of the foregoing appropriation item 195-432, International	69767
Trade, up to $35,000 may be used to purchase gifts for	69768
representatives of foreign governments or dignitaries of foreign	69769
countries.	69770

Section 263.10.80. OHIO INVESTMENT IN TRAINING PROGRAM

69771

The foregoing appropriation items 195-434, Investment in	69772
Training Grants, and 195-667, Investment in Training Expansion,	69773
shall be used to promote training through grants for the	69774
reimbursement of eligible training expenses.	69775

Of the foregoing appropriation item 195-434, Investment in	69776
Training Grants, $300,000 in each fiscal year shall be used for	69777
the Re-Tooling for Success Program at Washington State Community	69778
College.	69779

Section 263.10.90. CDBG OPERATING MATCH

69780

The foregoing appropriation item 195-497, CDBG Operating	69781
Match, shall be used to provide matching funds as requested by the	69782
United States Department of Housing and Urban Development to	69783
administer the federally funded Community Development Block Grant	69784
(CDBG) program.	69785

STATE OPERATING MATCH

69786

The foregoing appropriation item 195-498, State Match Energy,	69787
shall be used to provide matching funds as required by the United	69788
States Department of Energy to administer the federally funded	69789
State Energy Plan.	69790

Section 263.10.95. DEFENSE CONVERSION ASSISTANCE

69791

Of the foregoing appropriation item 195-410, Defense	69792
Conversion Assistance, $5,000,000 in fiscal year 2008 shall be	69793
used by Development Projects, Inc., for the creation of new jobs	69794
to leverage and support mission gains at Wright-Patterson Air	69795
Force Base in defense intelligence, aerospace research, and	69796
related areas from successful base realignment and closure	69797
efforts.	69798

Section 263.10.97. STATE FILM BUREAU

69799

There is hereby created the State Film Bureau. The mission of	69800
the Bureau shall be to promote media production in the state and	69801
to help the industry optimize its production experience in the	69802
state, including enhancing local economies through increased	69803
employment and tax revenues and ensuring an accurate portrayal of	69804
Ohio. The Bureau shall serve as an informational clearinghouse and	69805
provide technical assistance to the media production industry and	69806
business entities engaged in media production in the state. The	69807
Bureau shall promote Ohio as the ideal site for media production	69808
and help those in the industry benefit from their experience in	69809
the state.	69810

The primary objective of the Bureau shall be to encourage	69811
development of a strong capital base for electronic media	69812
production in order to achieve an independent, self-supporting	69813
industry in Ohio. Other objectives shall include:	69814

(A) Attracting private investment for the electronic media	69815
production industry;	69816

(B) Developing a tax infrastructure that encourages private	69817
investment; and	69818

(C) Encouraging increased employment opportunities within	69819
this sector and increased competition with other states.	69820

The State Film Bureau shall conduct a study of Ohio's media	69821
production industry and make recommendations that lead to job	69822
growth in that industry. The study shall identify and benchmark	69823
Ohio's current and potential capabilities for growth in the	69824
sectors and sub-sectors of commercial, industrial, education, and	69825
entertainment media. The Bureau shall prepare a comprehensive	69826
report of its findings, along with recommendations for private	69827
sector and public policy initiatives that can lead to the future	69828
growth of the media production industry in Ohio, increased job	69829
opportunities, and the enhancement of Ohio's image as a desirable	69830
place to do business.	69831

Section 263.20.10. TRAVEL AND TOURISM GRANTS

69832

The foregoing appropriation item 195-507, Travel and Tourism	69833
Grants, shall be used to provide grants to local organizations to	69834
support various local travel and tourism events in Ohio.	69835

Of the foregoing appropriation item 195-507, Travel and	69836
Tourism Grants, $50,000 in each fiscal year shall be used for the	69837
Cleveland Film Bureau.	69838

Of the foregoing appropriation item 195-507, Travel and	69839
Tourism Grants, $50,000 in each fiscal year shall be used for the	69840
Cincinnati Film Bureau.	69841

Of the foregoing appropriation item 195-507, Travel and	69842
Tourism Grants, $500,000 in each fiscal year shall be used for	69843
grants to The International Center for the Preservation of Wild	69844
Animals.	69845

Of the foregoing appropriation item 195-507, Travel and	69846
Tourism Grants, $50,000 in each fiscal year shall be used for the	69847
Greater Cleveland Sports Commission.	69848

Of the foregoing appropriation item 195-507, Travel and	69849
Tourism Grants, $50,000 in each fiscal year shall be used for the	69850
Greater Columbus Sports Commission.	69851

Of the foregoing appropriation item 195-507, Travel and	69852
Tourism Grants, $50,000 in fiscal year 2008 shall be used for the	69853
Ohio Alliance of Science Centers.	69854

Of the foregoing appropriation item 195-507, Travel and	69855
Tourism Grants, $100,000 in each fiscal year shall be used for the	69856
Harbor Heritage Society/Great Lakes Science Center in support of	69857
operations of the Steamship William G. Mather Maritime Museum, and	69858
$100,000 in each fiscal year shall be used for the Great Lakes	69859
Historical Society.	69860

Of the foregoing appropriation item 195-507, Travel and	69861
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the	69862
Ohio Junior Angus Association to assist with costs associated with	69863
hosting the Eastern Regional Junior Angus Show in June 2009.	69864

Of the foregoing appropriation item 195-507, Travel and	69865
Tourism Grants, $60,000 in each fiscal year shall be used for the	69866
Ohio River Trails program.	69867

Of the foregoing appropriation item 195-507, Travel and	69868
Tourism Grants, $60,000 in each fiscal year shall be used to	69869
support the outdoor drama "Tecumseh!"	69870

Of the foregoing appropriation item 195-507, Travel and	69871
Tourism Grants, $25,000 in each fiscal year shall be used for	69872
Ohio's Appalachian Country.	69873

Of the foregoing appropriation item 195-507, Travel and	69874
Tourism Grants, $25,000 in each fiscal year shall be used for the	69875
Garst Museum.	69876

Of the foregoing appropriation item 195-507, Travel and	69877
Tourism Grants, $10,000 in each fiscal year shall be used for the	69878
Pro Football Hall of Fame Festival.	69879

Section 263.10.12. SHOVEL READY SITES

69880

The foregoing appropriation item 195-516, Shovel Ready Sites,	69881
shall be used for Development Projects, Inc., for advanced	69882
technical intelligence centers, the Springfield Port Authority,	69883
and other qualifying projects under section 122.083 of the Revised	69884
Code.	69885

Section 263.20.13. OHIO MAIN STREET PROGRAM

69886

Of the foregoing appropriation item 195-520, Ohio Main Street	69887
Program, $500,000 in fiscal year 2008 shall be used for the	69888
rebuilding and revitalization of downtown Wauseon following the	69889
April 14, 2007, fire in that community. Such funds shall be used	69890
by the mayor of Wauseon or the mayor's designee to provide grants	69891
and matching grants to owners or their successors whose buildings	69892
and property were damaged or destroyed by the fire. Such grants	69893
shall only be used to supplement investments of owners or	69894
successors who are rebuilding in the downtown location of the	69895
fire.	69896

Section 263.20.16. DISCOVER OHIO!

69897

The foregoing appropriation item 195-521, Discover Ohio!,	69898
shall be used by the Division of Travel and Tourism in the	69899
Department of Development for marketing and promoting Ohio as a	69900
tourism destination and for nonpersonnel costs associated with	69901
operating such programs.	69902

Section 263.20.20. THIRD FRONTIER RESEARCH & DEVELOPMENT	69903
GENERAL OBLIGATION DEBT SERVICE	69904

The foregoing appropriation item 195-905, Third Frontier	69905
Research & Development General Obligation Debt Service, shall be	69906
used to pay all debt service and related financing costs during	69907
the period from July 1, 2007, to June 30, 2009, on obligations	69908
issued for research and development purposes under sections 151.01	69909
and 151.10 of the Revised Code.	69910

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

69911

The foregoing appropriation item 195-912, Job Ready Site	69912
Development General Obligation Debt Service, shall be used to pay	69913
all debt service and related financing costs during the period	69914
from July 1, 2007, to June 30, 2009, on obligations issued for job	69915
ready site development purposes under sections 151.01 and 151.11	69916
of the Revised Code.	69917

Section 263.20.30. SUPPORTIVE SERVICES

69918

The Director of Development may assess divisions of the	69919
department for the cost of central service operations. An	69920
assessment shall be based on a plan submitted to and approved by	69921
the Office of Budget and Management by August 1, 2007, and shall	69922
contain the characteristics of administrative ease and uniform	69923
application.	69924

A division's payments shall be credited to the Supportive	69925
Services Fund (Fund 135) using an intrastate transfer voucher.	69926

Of the foregoing appropriation item 195-684, Supportive	69927
Services, $50,000 in fiscal year 2008 and $35,000 in fiscal year	69928
2009 shall be used for Crawford County to hire a local economic	69929
development coordinator.	69930

WORKFORCE GUARANTEE PROGRAM

69931

The foregoing appropriation item 195-668, Workforce Guarantee	69932
Program, shall be used for the Workforce Guarantee Program.	69933

Benefited employers must create at least 20 high-paying,	69934
full-time jobs over a one-year period and must demonstrate prior	69935
to the commitment of state funds that the availability of those	69936
skilled workers is a major factor in the employer's decision to	69937
locate or expand in Ohio. Customized training activities are	69938
eligible for funding through the Workforce Guarantee Program.	69939

The Director of Development, under Chapter 119. of the	69940
Revised Code, shall adopt, and may amend or rescind, rules the	69941
Director finds necessary for the implementation and successful	69942
operation of the Workforce Guarantee Program.	69943

ECONOMIC DEVELOPMENT CONTINGENCY

69944

Of the foregoing appropriation item 195-677, Economic	69945
Development Contingency, up to $19,400,000 shall be used by the	69946
Third Frontier Commission in fiscal year 2009 for biomedical	69947
research and technology transfer purposes under sections 184.01 to	69948
184.03 of the Revised Code.	69949

Of the foregoing appropriation item 195-677, Economic	69950
Development Contingency, $1,500,000 in fiscal year 2008 shall be	69951
used for Cleveland Hopkins International Airport projects to	69952
support increased service and expand the existing hub, as defined	69953
in 49 U.S.C. 40102, Infrastructure.	69954

DIRECT COST RECOVERY EXPENDITURES

69955

The foregoing appropriation item 195-636, Direct Cost	69956
Recovery Expenditures, shall be used for conference and	69957
subscription fees and other reimbursable costs. Revenues to the	69958
General Reimbursement Fund (Fund 685) shall consist of fees and	69959
other moneys charged for conferences, subscriptions, and other	69960
administrative costs that are not central service costs.	69961

Section 263.20.40. HEAP WEATHERIZATION

69962

Fifteen per cent of the federal funds received by the state	69963
for the Home Energy Assistance Block Grant shall be deposited in	69964
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	69965
shall be used to provide home weatherization services in the	69966
state.	69967

The Department of Development shall seek, and if approved	69968
shall implement, a federal waiver to increase the percentage of	69969
the Home Energy Block Grant that may be used for weatherization to	69970
at least sixteen and one-half per cent in fiscal year 2008 and at	69971
least seventeen and one-half per cent in fiscal year 2009. Upon	69972
approval of the federal waiver, the Director of Development shall	69973
seek Controlling Board approval to adjust appropriation items	69974
195-611, Home Energy Assistance Block Grant, and 195-614, HEAP	69975
Weatherization, as needed to implement the federal waiver.	69976

STATE SPECIAL PROJECTS

69977

The foregoing fund, Fund 4F2, State Special Projects Fund,	69978
shall be used for the deposit of private-sector funds from utility	69979
companies and for the deposit of other miscellaneous state funds.	69980
Private-sector moneys shall be used to (1) pay the expenses of	69981
verifying the income-eligibility of HEAP applicants, (2) market	69982
economic development opportunities in the state, and (3) leverage	69983
additional federal funds. State funds shall be used to match	69984
federal housing grants for the homeless and to market economic	69985
development opportunities in the state.	69986

Section 263.20.50. TAX INCENTIVE PROGRAMS OPERATING

69987

On July 1, 2007, or as soon thereafter as possible, the	69988
Director of Budget and Management shall transfer the cash balance	69989
in the Job Creation Tax Credit Operating Fund (Fund 4S1) to the	69990
Tax Incentive Programs Operating Fund (Fund 4S0). The Director	69991
shall cancel any existing encumbrances against appropriation item	69992
195-634, Job Creation Tax Credit Operating (Fund 4S1), and	69993
re-establish them against appropriation item 195-630, Tax	69994
Incentive Programs Operating (Fund 4S0). The amounts of the	69995
re-established encumbrances are hereby appropriated.	69996

Section 263.20.53. MINORITY BUSINESS DEVELOPMENT	69997
ORGANIZATIONS	69998

Notwithstanding Chapter 122. of the Revised Code and any	69999
other law to the contrary, of the foregoing appropriation item	70000
195-646, Minority Business Enterprise Loan, $300,000 in each	70001
fiscal year shall be used to award grants of $150,000 each to two	70002
minority business development organizations in the state. The	70003
grants shall be awarded through a competitive process and shall be	70004
used for efforts to build capacity and long term sustainability.	70005

Section 263.20.60. MINORITY BUSINESS ENTERPRISE LOAN

70006

All repayments from the Minority Development Financing	70007
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	70008
Program shall be deposited in the State Treasury to the credit of	70009
the Minority Business Enterprise Loan Fund (Fund 4W1).	70010

All operating costs of administering the Minority Business	70011
Enterprise Loan Fund shall be paid from the Minority Business	70012
Enterprise Loan Fund (Fund 4WI).	70013

MINORITY BUSINESS BONDING FUND

70014

Notwithstanding Chapters 122., 169., and 175. of the Revised	70015
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	70016
General Assembly, the Director of Development may, upon the	70017
recommendation of the Minority Development Financing Advisory	70018
Board, pledge up to $10,000,000 in the FY 2008-2009 biennium of	70019
unclaimed funds administered by the Director of Commerce and	70020
allocated to the Minority Business Bonding Program under section	70021
169.05 of the Revised Code. The transfer of any cash by the	70022
Director of Budget and Management from the Department of	70023
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	70024
Development's Minority Business Bonding Fund (Fund 449) shall	70025
occur, if requested by the Director of Development, only if such	70026
funds are needed for payment of losses arising from the Minority	70027
Business Bonding Program, and only after proceeds of the initial	70028
transfer of $2,700,000 by the Controlling Board to the Minority	70029
Business Bonding Program has been used for that purpose. Moneys	70030
transferred by the Director of Budget and Management from the	70031
Department of Commerce for this purpose may be moneys in custodial	70032
funds held by the Treasurer of State. If expenditures are required	70033
for payment of losses arising from the Minority Business Bonding	70034
Program, such expenditures shall be made from appropriation item	70035
195-623, Minority Business Bonding Contingency in the Minority	70036
Business Bonding Fund, and such amounts are appropriated.	70037

Section 263.20.70. ECONOMIC DEVELOPMENT FINANCING OPERATING

70038

The foregoing appropriation item 195-625, Economic	70039
Development Financing Operating, shall be used for the operating	70040
expenses of financial assistance programs authorized under Chapter	70041
166. of the Revised Code and under sections 122.43 and 122.45 of	70042
the Revised Code.	70043

ALTERNATIVE FUEL TRANSPORTATION

70044

The foregoing appropriation item 195-679, Alternative Fuel	70045
Transportation, shall be used by the Director of Development to	70046
make grants under the Alternative Fuel Transportation Grant Fund	70047
Program in accordance with section 122.075 of the Revised Code,	70048
and for administrative costs associated with the program.	70049

Of the foregoing appropriation item 195-679, Alternative Fuel	70050
Transportation, up to $1,000,000 in each fiscal year shall be used	70051
to encourage retail gas stations to provide E85 and B20 (or	70052
higher) fuel to customers in accordance with section 122.075 of	70053
the Revised Code.	70054

LOW INCOME ENERGY ASSISTANCE

70055

The foregoing appropriation item 195-659, Low Income Energy	70056
Assistance, shall be used to provide payments to regulated	70057
electric utility companies for low-income customers enrolled in	70058
Percentage of Income Payment Plan (PIPP) electric accounts, to	70059
fund targeted energy efficiency and customer education services to	70060
PIPP customers, and to cover the department's administrative costs	70061
related to Universal Service Fund Programs. If it is determined	70062
that additional appropriations are necessary to provide payments	70063
to regulated utility companies for low income customers enrolled	70064
in PIPP electric accounts, such appropriations are subject to	70065
approval by the Controlling Board upon the submission of a request	70066
by the Department of Development.	70067

ADVANCED ENERGY FUND

70068

The foregoing appropriation item 195-660, Advanced Energy	70069
Programs, shall be used to provide financial assistance to	70070
customers for eligible advanced energy projects for residential,	70071
commercial and industrial business, local government, educational	70072
institution, nonprofit, and agriculture customers, and to pay for	70073
the program's administrative costs as provided in the Revised Code	70074
and rules adopted by the Director of Development.	70075

Of the foregoing appropriation item 195-660, Advanced Energy	70076
Programs, up to $1,500,000 over the biennium shall be used for	70077
methane digester projects in certified territories of electric	70078
distribution utilities and elsewhere throughout the state.	70079

Of the foregoing appropriation item 195-660, Advanced Energy	70080
Programs, up to $250,000 in each fiscal year shall be used for	70081
grants to school districts under section 3327.17 of the Revised	70082
Code.	70083

By July 1, 2007, or as soon as possible thereafter, the	70084
Director of Budget and Management shall transfer $90,485 in cash	70085
from the Advanced Energy Fund (Fund 5M5) to the General Revenue	70086
Fund for use by the Division of Geological Survey in the	70087
Department of Natural Resources. The amount of the transfer is	70088
hereby appropriated in GRF appropriation item 728-321, Division of	70089
Geological Survey.	70090

By July 1, 2008, or as soon as possible thereafter, the	70091
Director of Budget and Management shall transfer $64,557 in cash	70092
from the Advanced Energy Fund (Fund 5M5) to the General Revenue	70093
Fund for use by the Division of Geological Survey in the	70094
Department of Natural Resources. The amount of the transfer is	70095
hereby appropriated in GRF appropriation item 728-321, Division of	70096
Geological Survey.	70097

TRANSFER FROM THE ADVANCED ENERGY FUND TO THE INDUSTRIAL SITE	70098
IMPROVEMENTS FUND	70099

Notwithstanding Chapters 122. and 4928. of the Revised Code	70100
and any other law to the contrary, the Director of Budget and	70101
Management shall transfer $4,500,000 in cash in fiscal year 2008	70102
and $4,500,000 in cash in fiscal year 2009 from the Advanced	70103
Energy Fund (Fund 5M5) to the Industrial Site Improvements Fund	70104
(Fund 5AR).	70105

Moneys in Fund 5AR, Industrial Site Improvements, shall be	70106
used by the Director of Development to make grants to eligible	70107
counties for the improvement of commercial or industrial areas	70108
within those counties under section 122.951 of the Revised Code.	70109

GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS

70110

All payments received by the state pursuant to a series of	70111
settlements with ten brokerage firms reached with the United	70112
States Securities and Exchange Commission, the National	70113
Association of Securities Dealers, the New York Stock Exchange,	70114
the New York Attorney General, and other state regulators	70115
(henceforth referred to as the "Global Analysts Settlement	70116
Agreements"), shall be deposited into the state treasury to the	70117
credit of the Economic Development Contingency Fund (Fund 5Y6),	70118
which is hereby created in the state treasury. The fund shall be	70119
used by the Director of Development to support economic	70120
development projects for which appropriations would not otherwise	70121
be available, and shall be subject to the submission of a request	70122
to the Controlling Board by the Director outlining the planned use	70123
of the funds, and the subsequent approval of the request by the	70124
Controlling Board.	70125

VOLUME CAP ADMINISTRATION

70126

The foregoing appropriation item 195-654, Volume Cap	70127
Administration, shall be used for expenses related to the	70128
administration of the Volume Cap Program. Revenues received by the	70129
Volume Cap Administration Fund (Fund 617) shall consist of	70130
application fees, forfeited deposits, and interest earned from the	70131
custodial account held by the Treasurer of State.	70132

INNOVATION OHIO LOAN FUND

70133

The foregoing appropriation item 195-664, Innovation Ohio,	70134
shall be used to provide for innovation Ohio purposes, including	70135
loan guarantees and loans under Chapter 166. and particularly	70136
sections 166.12 to 166.16 of the Revised Code.	70137

RESEARCH AND DEVELOPMENT

70138

The foregoing appropriation item 195-665, Research and	70139
Development, shall be used to provide for research and development	70140
purposes, including loans, under Chapter 166. and particularly	70141
sections 166.17 to 166.21 of the Revised Code.	70142

Section 263.20.75. TRANSFER FROM THE LOW- AND MODERATE-INCOME	70143
HOUSING TRUST FUND TO THE RESIDENTIAL STATE SUPPLEMENT FUND	70144

Notwithstanding Chapter 175. of the Revised Code and any	70145
other law to the contrary, the Director of Budget and Management	70146
shall transfer $1,500,000 cash in fiscal year 2008 and $1,500,000	70147
cash in fiscal year 2009 from the Low- and Moderate-Income Housing	70148
Trust Fund (Fund 646) in the Department of Development to the	70149
Residential State Supplement Fund (Fund 5CH) in the Department of	70150
Mental Health.	70151

Section 263.20.80. FACILITIES ESTABLISHMENT FUND

70152

The foregoing appropriation item 195-615, Facilities	70153
Establishment (Fund 037), shall be used for the purposes of the	70154
Facilities Establishment Fund under Chapter 166. of the Revised	70155
Code.	70156

Notwithstanding Chapter 166. of the Revised Code, an amount	70157
not to exceed $1,800,000 in cash each fiscal year may be	70158
transferred from the Facilities Establishment Fund (Fund 037) to	70159
the Economic Development Financing Operating Fund (Fund 451). The	70160
transfer is subject to Controlling Board approval under division	70161
(B) of section 166.03 of the Revised Code.	70162

Notwithstanding Chapter 166. of the Revised Code, an amount	70163
not to exceed $5,475,000 in cash each fiscal year may be	70164
transferred during the biennium from the Facilities Establishment	70165
Fund (Fund 037) to the Urban Redevelopment Loans Fund (Fund 5D2)	70166
for the purpose of removing barriers to urban core redevelopment.	70167
The Director of Development shall develop program guidelines for	70168
the transfer and release of funds, including, but not limited to,	70169
the completion of all appropriate environmental assessments before	70170
state assistance is committed to a project. The transfers shall be	70171
subject to approval by the Controlling Board upon the submission	70172
of a request by the Department of Development.	70173

Notwithstanding Chapter 166. of the Revised Code, an amount	70174
not to exceed $3,000,000 in cash each fiscal year may be	70175
transferred from the Facilities Establishment Fund (Fund 037) to	70176
the Rural Industrial Park Loan Fund (Fund 4Z6). The transfer is	70177
subject to Controlling Board approval under section 166.03 of the	70178
Revised Code.	70179

Notwithstanding Chapter 166. of the Revised Code, of the	70180
foregoing appropriation item 195-615, Facilities Establishment,	70181
$1,500,000 in fiscal year 2008 shall be used for business	70182
development by any current or future port authority located in	70183
Clark County.	70184

Notwithstanding Chapter 166. of the Revised Code, on July 1,	70185
2007, or as soon as possible thereafter, the Director of Budget	70186
and Management, at the request of the Director of Development,	70187
shall transfer $5,719,325 cash from the Facilities Establishment	70188
Fund (Fund 037) to the General Revenue Fund. Of the amount to be	70189
transferred, $5,352,500 in fiscal year 2008 is hereby appropriated	70190
in appropriation item 195-412, Rapid Outreach Grants, and $366,825	70191
in fiscal year 2008 is hereby appropriated in appropriation item	70192
195-434, Investment in Training Grants.	70193

Notwithstanding Chapter 166. of the Revised Code, on July 1,	70194
2008, or as soon as possible thereafter, the Director of Budget	70195
and Management, at the request of the Director of Development,	70196
shall transfer $6,102,500 cash from the Facilities Establishment	70197
Fund (Fund 037) to the General Revenue Fund. The amount	70198
transferred is hereby appropriated in appropriation item 195-412,	70199
Rapid Outreach Grants, for fiscal year 2009.	70200

Notwithstanding Chapter 166. of the Revised Code, on the	70201
first day of July of each year of the biennium, or as soon as	70202
possible thereafter, the Director of Budget and Management, at the	70203
request of the Director of Development, shall transfer $4,275,000	70204
cash from the Facilities Establishment Fund (Fund 037) to the Job	70205
Development Initiatives Fund (Fund 5AD). The amount transferred is	70206
hereby appropriated in each fiscal year in appropriation item	70207
195-677, Economic Development Contingency.	70208

Notwithstanding Chapter 166. of the Revised Code, of the	70209
foregoing appropriation item 195-615, Facilities Establishment,	70210
$1,500,000 in fiscal year 2008 shall be used for the City of	70211
Toledo's Marina District Development project. Disbursement of	70212
funds for this purpose shall not take precedence over any existing	70213
obligations from the Facilities Establishment Fund or any other	70214
provision in this section.	70215

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

70216

Notwithstanding Chapter 166. of the Revised Code, an amount	70217
not to exceed $1,000,000 in cash each fiscal year shall be	70218
transferred from moneys in the Facilities Establishment Fund (Fund	70219
037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG)	70220
in the Department of Development.	70221

RURAL DEVELOPMENT INITIATIVE FUND

70222

(A)(1) The Rural Development Initiative Fund (Fund 5S8) is	70223
entitled to receive moneys from the Facilities Establishment Fund	70224
(Fund 037). The Director of Development may make grants from the	70225
Rural Development Initiative Fund as specified in division (A)(2)	70226
of this section to eligible applicants in Appalachian counties and	70227
in rural counties in the state that are designated as distressed	70228
under section 122.25 of the Revised Code. Preference shall be	70229
given to eligible applicants located in Appalachian counties	70230
designated as distressed by the federal Appalachian Regional	70231
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	70232
cease to exist after June 30, 2009. All moneys remaining in the	70233
Fund after that date shall revert to the Facilities Establishment	70234
Fund (Fund 037).	70235

(2) The Director of Development shall make grants from the	70236
Rural Development Initiative Fund (Fund 5S8) only to eligible	70237
applicants who also qualify for and receive funding under the	70238
Rural Industrial Park Loan Program as specified in sections 122.23	70239
to 122.27 of the Revised Code. Eligible applicants shall use the	70240
grants for the purposes specified in section 122.24 of the Revised	70241
Code. All projects supported by grants from the fund are subject	70242
to Chapter 4115. of the Revised Code as specified in division (E)	70243
of section 166.02 of the Revised Code. The Director shall develop	70244
program guidelines for the transfer and release of funds. The	70245
release of grant moneys to an eligible applicant is subject to	70246
Controlling Board approval.	70247

(B) Notwithstanding Chapter 166. of the Revised Code, the	70248
Director of Budget and Management may transfer an amount not to	70249
exceed $3,000,000 in cash each fiscal year on an as-needed basis	70250
at the request of the Director of Development from the Facilities	70251
Establishment Fund (Fund 037) to the Rural Development Initiative	70252
Fund (Fund 5S8). The transfer is subject to Controlling Board	70253
approval under section 166.03 of the Revised Code.	70254

CAPITAL ACCESS LOAN PROGRAM

70255

The foregoing appropriation item 195-628, Capital Access Loan	70256
Program, shall be used for operating, program, and administrative	70257
expenses of the program. Funds of the Capital Access Loan Program	70258
shall be used to assist participating financial institutions in	70259
making program loans to eligible businesses that face barriers in	70260
accessing working capital and obtaining fixed-asset financing.	70261

Notwithstanding Chapter 166. of the Revised Code, the	70262
Director of Budget and Management may transfer an amount not to	70263
exceed $3,000,000 in cash each fiscal year on an as-needed basis	70264
at the request of the Director of Development from the Facilities	70265
Establishment Fund (Fund 037) to the Capital Access Loan Program	70266
Fund (Fund 5S9). The transfer is subject to Controlling Board	70267
approval under section 166.03 of the Revised Code.	70268

Section 263.20.90. CLEAN OHIO OPERATING EXPENSES

70269

The foregoing appropriation item 195-663, Clean Ohio	70270
Operating, shall be used by the Department of Development in	70271
administering sections 122.65 to 122.658 of the Revised Code.	70272

THIRD FRONTIER OPERATING

70273

The foregoing appropriation item 195-686, Third Frontier	70274
Operating, shall be used for operating expenses incurred by the	70275
Department of Development in administering sections 184.10 to	70276
184.20 of the Revised Code.	70277

THIRD FRONTIER RESEARCH & DEVELOPMENT PROJECTS AND RESEARCH &	70278
DEVELOPMENT TAXABLE BOND PROJECTS	70279

The foregoing appropriation items 195-687, Third Frontier	70280
Research & Development Projects, and 195-692, Research &	70281
Development Taxable Bond Projects, shall be used by the Department	70282
of Development to fund selected projects pursuant to sections	70283
184.10 to 184.20 of the Revised Code. These projects are	70284
designated as costs of research and development projects to which	70285
the proceeds of the Third Frontier Research and Development Fund	70286
(Fund 011) and the Research & Development Taxable Bond Project	70287
Fund (Fund 014) are to be applied.	70288

Of the foregoing appropriation items 195-687, Third Frontier	70289
Research and Development Projects, and 195-692, Research &	70290
Development Taxable Bond Projects, up to $8,600,000 in fiscal year	70291
2008, shall be used by the Office of Information Technology, in	70292
partnership with the Ohio Supercomputer Center's OSCnet, to	70293
acquire the equipment and services necessary to migrate state	70294
agencies' network to the existing OSCnet network backbone. This	70295
state network shall be known as the NextGen Network.	70296

The proposal for the NextGen Network shall be subject to the	70297
process for rating and ranking of projects by the Third Frontier	70298
Commission pursuant to Chapter 184. of the Revised Code. The	70299
proposal shall compete among other proposals and be merit-selected	70300
based upon existing criteria for all Third Frontier-eligible	70301
projects. If selected by the Third Frontier Commission, funding	70302
for the NextGen Network shall be subject to approval by the	70303
Controlling Board.	70304

Notwithstanding sections 184.10 to 184.20 of the Revised	70305
Code, up to $20,000,000 in fiscal year 2009 from the total of the	70306
amounts in appropriation items 195-687, Third Frontier Research &	70307
Development Projects, and 195-692, Research & Development Taxable	70308
Bond Projects, shall be used to fund the Ohio Research Scholars	70309
Program in the Board of Regents pursuant to sections 3333.60 to	70310
3333.70 of the Revised Code.	70311

Notwithstanding sections 184.10 to 184.20 of the Revised	70312
Code, at the direction of the Director of Budget and Management up	70313
to $18,000,000 in each fiscal year from appropriation item	70314
195-687, Third Frontier Research & Development Projects, and	70315
appropriation item 195-692, Research & Development Taxable Bond	70316
Projects, shall be used to fund the Research Incentive Program in	70317
the Board of Regents.	70318

On or before June 30, 2008, any unencumbered balances of the	70319
foregoing appropriation items 195-687, Third Frontier Research &	70320
Development Projects, and 195-692, Research & Development Taxable	70321
Bond Projects, for fiscal year 2008 are hereby appropriated for	70322
the same purposes for fiscal year 2009.	70323

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

70324

The Ohio Public Facilities Commission, upon request of the	70325
Department of Development, is hereby authorized to issue and sell,	70326
in accordance with Section 2p of Article VIII, Ohio Constitution,	70327
and particularly sections 151.01 and 151.10 of the Revised Code,	70328
original obligations of the State of Ohio in an aggregate amount	70329
not to exceed $150,000,000. The authorized obligations shall be	70330
issued and sold from time to time and in amounts necessary to	70331
ensure sufficient moneys to the credit of the Third Frontier	70332
Research & Development Fund (Fund 011) to pay costs of research	70333
and development projects.	70334

JOB READY SITE OPERATING

70335

The foregoing appropriation item 195-688, Job Ready Site	70336
Operating, shall be used for operating expenses incurred by the	70337
Department of Development in administering sections 122.085 to	70338
122.0820 of the Revised Code. Operating expenses include, but are	70339
not limited to, certain expenses of the District Public Works	70340
Integrating Committees, audit and accountability activities, and	70341
costs associated with formal certifications verifying that site	70342
infrastructure is in place and is functional.	70343

Section 263.20.95. THIRD FRONTIER BIOMEDICAL RESEARCH AND	70344
COMMERCIALIZATION PROGRAM	70345

The General Assembly and the Governor recognize the role that	70346
the biomedical industry has in job creation, innovation, and	70347
economic development throughout Ohio. It is the intent of the	70348
General Assembly, the Governor, the Director of Development and	70349
the Director of Budget and Management to work together to continue	70350
to provide comprehensive state support for the biomedical industry	70351
as a whole through the Third Frontier Biomedical Research and	70352
Commercialization Program.	70353

Section 263.30.10. UNCLAIMED FUNDS TRANSFER

70354

(A) Notwithstanding division (A) of section 169.05 of the	70355
Revised Code, upon the request of the Director of Budget and	70356
Management, the Director of Commerce, prior to June 30, 2008,	70357
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	70358
an amount not to exceed $5,000,000 in cash of the unclaimed funds	70359
that have been reported by the holders of unclaimed funds under	70360
section 169.05 of the Revised Code, regardless of the allocation	70361
of the unclaimed funds described under that section.	70362

Notwithstanding division (A) of section 169.05 of the Revised	70363
Code, upon the request of the Director of Budget and Management,	70364
the Director of Commerce, prior to June 30, 2009, shall transfer	70365
to the Job Development Initiatives Fund (Fund 5AD) an amount not	70366
to exceed $24,400,000 in cash of the unclaimed funds that have	70367
been reported by the holders of unclaimed funds under section	70368
169.05 of the Revised Code, regardless of the allocation of the	70369
unclaimed funds described under that section.	70370

(B) Notwithstanding division (A) of section 169.05 of the	70371
Revised Code, upon the request of the Director of Budget and	70372
Management, the Director of Commerce, prior to June 30, 2008,	70373
shall transfer to the State Special Projects Fund (Fund 4F2) an	70374
amount not to exceed $2,500,000 of the unclaimed funds that have	70375
been reported by the holders of unclaimed funds under section	70376
169.05 of the Revised Code, regardless of the allocation of the	70377
unclaimed funds described under that section.	70378

Notwithstanding division (A) of section 169.05 of the Revised	70379
Code, upon the request of the Director of Budget and Management,	70380
the Director of Commerce, prior to June 30, 2009, shall transfer	70381
to the State Special Projects Fund (Fund 4F2) an amount not to	70382
exceed $2,500,000 in cash of the unclaimed funds that have been	70383
reported by the holders of unclaimed funds under section 169.05 of	70384
the Revised Code, regardless of the allocation of the unclaimed	70385
funds described under that section.	70386

Section 263.30.20. WORKFORCE DEVELOPMENT

70387

The Director of Development and the Director of Job and	70388
Family Services may enter into one or more interagency agreements	70389
between the two departments, hire staff, transfer staff, assign	70390
duties to staff, enter into contracts, transfer assets, and take	70391
other actions the directors consider necessary to provide services	70392
and assistance as necessary to integrate workforce development	70393
into a larger economic development strategy, to implement the	70394
recommendations of the Workforce Policy Board, and to perform	70395
activities related to the transition of the administration of	70396
employment programs identified by the board. Subject to the	70397
approval of the Director of Budget and Management, the Department	70398
of Development and the Department of Job and Family Services may	70399
expend funds to support the recommendations of the Workforce	70400
Policy Board in the area of integration of employment functions as	70401
described in this paragraph and to provide implementation and	70402
transition activities from the appropriations to those	70403
departments.	70404

Section 263.30.30. COMMISSION ON THE FUTURE OF HEALTH CARE	70405
EDUCATION AND PHYSICIAN RETENTION IN NW OH	70406

(A) Whereas, There is a physician shortage, particularly in	70407
certain specialties, that is predicted to worsen within the next	70408
decade; and	70409

Whereas, This shortage may worsen as a result of, among other	70410
factors, fewer than ten per cent of new graduates from the	70411
University of Toledo who choose to continue their training in	70412
northwest Ohio; and	70413

Whereas, Many of the problems confronting physician training	70414
at the graduate medical education level are already manifest in	70415
northwest Ohio; and	70416

Whereas, It is prudent to examine the physician shortage	70417
using northwest Ohio as a microcosm for the entire state of Ohio;	70418
now therefore be it	70419

Resolved by the Ohio General Assembly that there is hereby	70420
created the Commission on the Future of Health Care Education and	70421
Physician Retention in NW OH.	70422

(B) The Commission shall be composed of the following	70423
members:	70424

(1) Six representatives of health care providers in northwest	70425
Ohio, none of whom shall be from the same organization;	70426

(2) Six representatives of the health care profession in	70427
northwest Ohio, composed of the following individuals:	70428

(a) One from the College of Medicine at the University of	70429
Toledo;	70430

(b) One from the northwest Ohio chapter of the Ohio Nurses	70431
Association;	70432

(c) One from the Academy of Medicine of Toledo and Lucas	70433
County;	70434

(d) One from the Northwest Ohio Pediatric Society;

70435

(e) One geriatric medicine physician; and

70436

(f) One osteopathic physician affiliated with Ohio University	70437
College of Osteopathic Medicine.	70438

(3) Three representatives from northwest Ohio business and	70439
labor organizations, composed of the following individuals:	70440

(a) One from the Toledo Area Regional Chamber of Commerce;

70441

(b) One from the labor community of northwest Ohio; and

70442

70443

(4) Three representatives of health care consumers in	70444
northwest Ohio, none of whom shall be currently employed or	70445
affiliated with a health system or health insurer.	70446

(5) Nine representatives of state and local government,	70447
composed of the following individuals:	70448

(a) Two members of the Ohio House of Representatives, one	70449
from the minority party and one from the majority party;	70450

(b) Two members of the Ohio Senate, one from the minority	70451
party and one from the majority party;	70452

70453

(d) Two representatives of northwest Ohio municipal	70454
corporations, only one of whom shall be from the City of Toledo;	70455

(e) Two representatives of county commissioners, only one of	70456
whom shall be from Lucas County.	70457

70458

(1) For those members described in divisions (B)(1) and (2)	70459
of this section, two each by the Governor, the Speaker of the	70460
House of Representatives, and the President of the Senate;	70461

(2) For those members described in divisions (B)(3) and (4)	70462
of this section, one each by the Governor, the Speaker of the	70463
House of Representatives, and the President of the Senate;	70464

(3) For those members described in division (B)(5), three	70465
each by the Governor, the Speaker of the House of Representatives,	70466
and the President of the Senate.	70467

(D) Members of the Commission shall be appointed not later	70468
than 30 days after the effective date of this section and shall	70469
first meet not later than 30 days after all appointments have been	70470
made. At its first meeting, the commission shall elect from among	70471
its members who are members of the Senate and House of	70472
Representatives a chairperson and vice-chairperson.	70473

Members of the commission shall serve without compensation,	70474
but may solicit on behalf of the Commission public and private	70475
funds to defray any costs of the Commission. The Commission shall	70476
meet at the call of the chairperson to conduct its official	70477
business. A majority of members shall constitute a quorum and a	70478
quorum shall be necessary to conduct any activities of the	70479
Commission.	70480

(E) The Toledo Community Foundation or a similar organization	70481
shall provide meeting space and administrative support for the	70482
Commission. The Ohio Board of Regents shall serve as a resource to	70483
the Commission.	70484

(F) The Commission shall prepare a report that examines and	70485
makes recommendations regarding the graduate medical education	70486
system in northwest Ohio, including:	70487

(1) Ways to increase the number and retention of medical	70488
graduates in northwest Ohio;	70489

(2) The status of the health care workforce in northwest	70490
Ohio;	70491

(3) The role of the University of Toledo in the health care	70492
education of the surrounding region;	70493

(4) Potential changes in federal and state statutes and rules	70494
regarding Medicaid support of graduate medical education; and	70495

(5) Policy initiatives that the Governor and General Assembly	70496
may consider to strengthen graduate medical education	70497
opportunities and physician retention in northwest Ohio.	70498

(G) The Commission shall, not later than nine months after	70499
the effective date of this section, submit to the Governor and	70500
General Assembly the report and recommendations prepared under	70501
division (F) of this section. On submission of the report, the	70502
Commission shall cease to exist.	70503

Section 265.10. OBD OHIO BOARD OF DIETETICS

70504

General Services Fund Group	70505

4K9	860-609	Operating Expenses	$	342,501	$	348,964	70506
TOTAL GSF General Services Fund							70507
Group			$	342,501	$	348,964	70508
TOTAL ALL BUDGET FUND GROUPS			$	342,501	$	348,964	70509

Section 267.10. CDR COMMISSION ON DISPUTE RESOLUTION AND	70511
CONFLICT MANAGEMENT	70512

General Revenue Fund	70513

GRF	145-401		Commission Operations		$	455,123		$	460,000		70514
TOTAL GRF General Revenue Fund					$	455,123		$	460,000		70515

General Services Fund Group	70516

4B6	145-601		Dispute Resolution Programs		$	140,000		$	140,000		70517
TOTAL GSF General Services Fund Group					$	140,000		$	140,000		70518

TOTAL ALL BUDGET FUND GROUPS

595,123

600,000

70519

Section 269.10. EDU DEPARTMENT OF EDUCATION

70521

General Revenue Fund	70522

GRF	200-100	Personal Services	$	11,533,494	$	12,110,169	70523
GRF	200-320	Maintenance and Equipment	$	4,549,479	$	4,778,203	70524
GRF	200-408	Early Childhood Education	$	31,002,195	$	36,502,195	70525
GRF	200-410	Educator Training	$	19,628,817	$	20,628,817	70526
GRF	200-416	Career-Technical Education Match	$	2,233,195	$	2,233,195	70527
GRF	200-420	Computer/Application/ Network Development	$	5,536,362	$	5,793,700	70528
GRF	200-421	Alternative Education Programs	$	14,910,665	$	13,110,665	70529
GRF	200-422	School Management Assistance	$	3,360,572	$	3,375,572	70530
GRF	200-424	Policy Analysis	$	556,687	$	556,687	70531
GRF	200-425	Tech Prep Consortia Support	$	2,069,217	$	2,069,217	70532
GRF	200-426	Ohio Educational Computer Network	$	30,446,197	$	30,446,197	70533
GRF	200-427	Academic Standards	$	7,197,730	$	7,197,730	70534
GRF	200-431	School Improvement Initiatives	$	21,589,235	$	21,924,235	70535
GRF	200-433	Literacy Improvement-Professional Development	$	15,515,000	$	15,515,000	70536
GRF	200-437	Student Assessment	$	77,150,819	$	76,187,144	70537
GRF	200-439	Accountability/Report Cards	$	7,096,040	$	8,223,540	70538
GRF	200-442	Child Care Licensing	$	1,302,495	$	1,302,495	70539
GRF	200-446	Education Management Information System	$	16,110,510	$	16,586,082	70540
GRF	200-447	GED Testing	$	1,544,360	$	1,544,360	70541
GRF	200-448	Educator Preparation	$	1,301,000	$	1,301,000	70542
GRF	200-455	Community Schools	$	1,533,661	$	1,533,661	70543
GRF	200-457	STEM Initiatives	$	10,000,000	$	10,000,000	70544
GRF	200-502	Pupil Transportation	$	424,783,117	$	429,030,948	70545
GRF	200-503	Bus Purchase Allowance	$	14,000,000	$	14,000,000	70546
GRF	200-505	School Lunch Match	$	8,998,025	$	8,998,025	70547
GRF	200-509	Adult Literacy Education	$	8,669,738	$	8,669,738	70548
GRF	200-511	Auxiliary Services	$	131,740,457	$	135,692,670	70549
GRF	200-514	Postsecondary Adult Career-Technical Education	$	19,481,875	$	19,481,875	70550
GRF	200-521	Gifted Pupil Program	$	47,608,030	$	48,008,613	70551
GRF	200-532	Nonpublic Administrative Cost Reimbursement	$	59,810,517	$	61,604,832	70552
GRF	200-536	Ohio Core Support	$	7,700,000	$	15,125,000	70553
GRF	200-540	Special Education Enhancements	$	138,869,945	$	140,006,839	70554
GRF	200-545	Career-Technical Education Enhancements	$	9,298,651	$	9,373,926	70555
GRF	200-550	Foundation Funding	$	5,761,699,328	$	6,034,943,246	70556
GRF	200-566	Literacy Improvement-Classroom Grants	$	12,062,336	$	12,062,336	70557
GRF	200-578	Violence Prevention and School Safety	$	1,218,555	$	1,218,555	70558
GRF	200-901	Property Tax Allocation - Education	$	794,583,404	$	850,868,654	70559
GRF	200-906	Tangible Tax Exemption - Education	$	21,415,244	$	10,707,622	70560
TOTAL GRF General Revenue Fund			$	7,748,106,952	$	8,092,712,743	70561

General Services Fund Group	70562

138	200-606	Computer Services-Operational Support	$	7,600,091	$	7,600,091	70563
4D1	200-602	Ohio Prevention/Education Resource Center	$	832,000	$	832,000	70564
4L2	200-681	Teacher Certification and Licensure	$	5,966,032	$	6,323,994	70565
452	200-638	Miscellaneous Educational Services	$	273,166	$	279,992	70566
5H3	200-687	School District Solvency Assistance	$	18,000,000	$	18,000,000	70567
596	200-656	Ohio Career Information System	$	529,761	$	529,761	70568
TOTAL GSF General Services							70569
Fund Group			$	33,201,050	$	33,565,838	70570

Federal Special Revenue Fund Group	70571

3AF	200-603	Schools Medicaid Administrative Claims	$	486,000	$	639,000	70572
3BK	200-628	Longitudinal Data Systems	$	1,795,570	$	307,050	70573
3BV	200-636	Character Education	$	700,000	$	700,000	70574
3CF	200-644	Foreign Language Assistance	$	85,000	$	285,000	70575
3CG	200-646	Teacher Incentive Fund	$	6,552,263	$	3,994,338	70576
3C5	200-661	Early Childhood Education	$	18,989,779	$	18,989,779	70577
3D1	200-664	Drug Free Schools	$	13,347,966	$	13,347,966	70578
3D2	200-667	Honors Scholarship Program	$	6,573,968	$	6,665,000	70579
3H9	200-605	Head Start Collaboration Project	$	275,000	$	275,000	70580
3L6	200-617	Federal School Lunch	$	244,714,211	$	249,903,970	70581
3L7	200-618	Federal School Breakfast	$	63,927,606	$	69,041,814	70582
3L8	200-619	Child/Adult Food Programs	$	69,280,946	$	70,691,653	70583
3L9	200-621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	70584
3M0	200-623	ESEA Title 1A	$	415,000,000	$	420,000,000	70585
3M1	200-678	Innovative Education	$	5,369,100	$	5,363,706	70586
3M2	200-680	Individuals with Disabilities Education Act	$	500,000,000	$	405,000,000	70587
3S2	200-641	Education Technology	$	10,000,000	$	5,000,000	70588
3T4	200-613	Public Charter Schools	$	13,850,827	$	14,212,922	70589
3Y2	200-688	21st Century Community Learning Centers	$	30,681,554	$	30,681,554	70590
3Y4	200-632	Reading First	$	35,215,798	$	31,215,798	70591
3Y6	200-635	Improving Teacher Quality	$	102,692,685	$	102,698,246	70592
3Y7	200-689	English Language Acquisition	$	8,000,000	$	8,000,000	70593
3Y8	200-639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	70594
3Z2	200-690	State Assessments	$	12,883,799	$	12,883,799	70595
3Z3	200-645	Consolidated Federal Grant Administration	$	8,500,000	$	8,500,000	70596
309	200-601	Educationally Disadvantaged Programs	$	12,750,000	$	8,750,000	70597
366	200-604	Adult Basic Education	$	19,425,000	$	20,396,250	70598
367	200-607	School Food Services	$	5,849,748	$	6,088,737	70599
368	200-614	Veterans' Training	$	710,373	$	745,892	70600
369	200-616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	70601
370	200-624	Education of Exceptional Children	$	1,811,520	$	575,454	70602
374	200-647	Troops to Teachers	$	100,000	$	100,000	70603
378	200-660	Learn and Serve	$	1,561,954	$	1,561,954	70604
TOTAL FED Federal Special							70605
Revenue Fund Group			$	1,665,660,368	$	1,571,144,583	70606

State Special Revenue Fund Group	70607

4R7	200-695	Indirect Operational Support	$	5,449,748	$	5,810,464	70608
4V7	200-633	Interagency Operational Support	$	392,100	$	376,423	70609
454	200-610	Guidance and Testing	$	400,000	$	400,000	70610
455	200-608	Commodity Foods	$	24,000,000	$	24,000,000	70611
5BB	200-696	State Action for Education Leadership	$	1,250,000	$	1,250,000	70612
5BJ	200-626	Half-Mill Maintenance Equalization	$	10,700,000	$	10,700,000	70613
5U2	200-685	National Education Statistics	$	300,000	$	300,000	70614
5W2	200-663	Early Learning Initiative	$	2,200,000	$	2,200,000	70615
598	200-659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	70616
620	200-615	Educational Improvement Grants	$	3,000,000	$	3,000,000	70617
TOTAL SSR State Special Revenue							70618
Fund Group			$	49,020,758	$	49,365,797	70619

Lottery Profits Education Fund Group	70620

017	200-612	Foundation Funding	$	666,198,000	$	667,900,000	70621
017	200-682	Lease Rental Payment Reimbursement	$	22,702,000	$	0	70622
TOTAL LPE Lottery Profits							70623
Education Fund Group			$	688,900,000	$	667,900,000	70624

Revenue Distribution Fund Group	70625

047	200-909	School District Property Tax Replacement-Business	$	611,596,856	$	763,316,819	70626
053	200-900	School District Property Tax Replacement-Utility	$	91,123,523	$	91,123,523	70627
TOTAL RDF Revenue Distribution							70628
Fund Group			$	702,720,379	$	854,440,342	70629
TOTAL ALL BUDGET FUND GROUPS			$	10,887,609,507	$	11,269,129,303	70630

Section 269.10.10. PERSONAL SERVICES

70632

The foregoing appropriation item 200-100, Personal Services,	70633
may be used to pay fees for the Department's membership in the	70634
Education Commission of the States, an interstate nonprofit,	70635
nonpartisan organization that supports states with the development	70636
of education policy.	70637

Of the foregoing appropriation item 200-100, Personal	70638
Services, up to $25,000 may be expended in each fiscal year for	70639
the State Board of Education to pay for outside professionals to	70640
help inform the Board on topics of education policy.	70641

Section 269.10.20. EARLY CHILDHOOD EDUCATION

70642

The Department of Education shall distribute the foregoing	70643
appropriation item 200-408, Early Childhood Education, to pay the	70644
costs of early childhood education programs.	70645

(A) As used in this section:

70646

(1) "Provider" means a city, local, exempted village, or	70647
joint vocational school district, or an educational service	70648
center.	70649

(2) In the case of a city, local, or exempted village school	70650
district, "new eligible provider" means a district that is	70651
eligible for poverty-based assistance under section 3317.029 of	70652
the Revised Code.	70653

(3) "Eligible child" means a child who is at least three	70654
years of age, is not of the age to be eligible for kindergarten,	70655
and whose family earns not more than two hundred per cent of the	70656
federal poverty guidelines.	70657

(B) In each fiscal year, up to two per cent of the total	70658
appropriation may be used by the Department for program support	70659
and technical assistance. The Department shall distribute the	70660
remainder of the appropriation in each fiscal year to serve	70661
eligible children.	70662

(C) The Department shall provide an annual report to the	70663
Governor, the Speaker of the House of Representatives, and the	70664
President of the Senate and post the report to the Department's	70665
web site, regarding early childhood education programs operated	70666
under this section and the early learning program guidelines for	70667
school readiness.	70668

(D) After setting aside the amounts to make payments due from	70669
the previous fiscal year, in fiscal year 2008, the Department	70670
shall distribute funds first to recipients of funds for early	70671
childhood education programs under Section 206.09.06 of Am. Sub.	70672
H.B. 66 of the 126th General Assembly in the previous fiscal year	70673
and the balance to new eligible providers of early childhood	70674
education programs under this section. However, the total amount	70675
of funds distributed in fiscal year 2008 to all providers that	70676
received funds for early childhood education programs in fiscal	70677
year 2007 shall not exceed $18,622,151, unless the number of new	70678
eligible providers that notifies the Department of their interest	70679
in establishing early childhood education programs is insufficient	70680
to expend all available funding. In that case, the Department may	70681
direct available funding to providers that received funds for	70682
early childhood education programs in fiscal year 2007 for	70683
purposes of program expansion, improvement, or special projects to	70684
promote quality and innovation.	70685

After setting aside the amounts to make payments due from the	70686
previous fiscal year, in fiscal year 2009, the Department shall	70687
distribute funds first to providers of early childhood education	70688
programs under this section in the previous fiscal year and the	70689
balance to new eligible providers. However, the total amount of	70690
funds distributed in fiscal year 2009 to all providers that	70691
received funds for early childhood education programs in fiscal	70692
year 2007 shall not exceed $18,622,151, unless the number of	70693
providers that received funding in fiscal year 2008 and new	70694
eligible providers that notify the Department of their interest in	70695
establishing early childhood education programs is insufficient to	70696
expend all available funding. In that case, the Department may	70697
direct available funding to providers that received funds for	70698
early childhood education programs in fiscal year 2007 or 2008 for	70699
purposes of program expansion, improvement, or special projects to	70700
promote quality and innovation.	70701

In each of fiscal years 2008 and 2009, if funding is	70702
insufficient to serve all new eligible providers that notify the	70703
Department of their interest in establishing early childhood	70704
education programs, the Department shall determine which of those	70705
providers will receive funds using a selection process that first	70706
gives preference to providers that, as of March 15, 2007, did not	70707
offer early childhood education programs, but that had offered	70708
early childhood education programs or public preschool programs	70709
for some time after June 30, 2000, and second to providers that	70710
demonstrate a need for early childhood education programs, as	70711
determined by the Department. Demonstration of need shall include	70712
having higher rates of eligible children to be served.	70713

Awards under this section shall be distributed on a per-pupil	70714
basis, and in accordance with division (H) of this section. The	70715
Department may adjust the per-pupil amount so that the per-pupil	70716
amount multiplied by the number of eligible children enrolled and	70717
receiving services, as defined by the Department, reported on the	70718
first day of December or the first business day following that	70719
date equals the amount allocated under this section.	70720

(E) Costs for developing and administering an early childhood	70721
education program may not exceed fifteen per cent of the total	70722
approved costs of the program.	70723

All providers shall maintain such fiscal control and	70724
accounting procedures as may be necessary to ensure the	70725
disbursement of, and accounting for, these funds. The control of	70726
funds provided in this program, and title to property obtained	70727
therefrom, shall be under the authority of the approved provider	70728
for purposes provided in the program unless, as described in	70729
division (J) of this section, the program waives its right for	70730
funding or a program's funding is eliminated or reduced due to its	70731
inability to meet financial or early learning program guidelines	70732
for school readiness. The approved provider shall administer and	70733
use such property and funds for the purposes specified.	70734

(F) The Department may examine a provider's financial and	70735
program records. If the financial practices of the program are not	70736
in accordance with standard accounting principles or do not meet	70737
financial standards outlined under division (E) of this section,	70738
or if the program fails to substantially meet the early learning	70739
program guidelines for school readiness or exhibits below average	70740
performance as measured against the guidelines, the early	70741
childhood education program shall propose and implement a	70742
corrective action plan that has been approved by the Department.	70743
The approved corrective action plan shall be signed by the chief	70744
executive officer and the executive of the official governing body	70745
of the provider. The corrective action plan shall include a	70746
schedule for monitoring by the Department. Such monitoring may	70747
include monthly reports, inspections, a timeline for correction of	70748
deficiencies, and technical assistance to be provided by the	70749
Department or obtained by the early childhood education program.	70750
The Department may withhold funding pending corrective action. If	70751
an early childhood education program fails to satisfactorily	70752
complete a corrective action plan, the Department may deny	70753
expansion funding to the program or withdraw all or part of the	70754
funding to the program and establish a new eligible provider	70755
through a selection process established by the Department.	70756

(G) Each early childhood education program shall do all of	70757
the following:	70758

(1) Meet teacher qualification requirements prescribed by	70759
section 3301.311 of the Revised Code;	70760

(2) Align curriculum to the early learning content standards;

70761

(3) Meet any assessment requirements prescribed by section	70762
3301.0715 of the Revised Code that are applicable to the program;	70763

(4) Require teachers, except teachers enrolled and working to	70764
obtain a degree pursuant to section 3301.311 of the Revised Code,	70765
to attend a minimum of twenty hours every two years of	70766
professional development as prescribed by the Department regarding	70767
the implementation of early learning program guidelines for school	70768
readiness;	70769

(5) Document and report child progress;

70770

(6) Meet and report compliance with the early learning	70771
program guidelines for school readiness;	70772

(7) Participate in early language and literacy classroom	70773
observation evaluation studies.	70774

(H) This division applies only to early childhood education	70775
programs established on or after March 15, 2007.	70776

Per-pupil funding for programs subject to this division shall	70777
be sufficient to provide eligible children with services for	70778
one-half of the statewide average length of the school day, as	70779
determined by the Department, for one hundred eighty-two days each	70780
school year. Nothing in this section shall be construed to	70781
prohibit program providers from utilizing other funds to serve	70782
eligible children in programs that exceed the statewide average	70783
length of the school day or that exceed one hundred eighty-two	70784
days in a school year.	70785

(I) Each provider shall develop a sliding fee scale based on	70786
family incomes and shall charge families who earn more than the	70787
federal poverty guidelines for the early childhood education	70788
program.	70789

(J) If an early childhood education program voluntarily	70790
waives its right for funding, or has its funding eliminated for	70791
not meeting financial standards or the early learning program	70792
guidelines for school readiness, the provider shall transfer	70793
control of title to property, equipment, and remaining supplies	70794
obtained through the program to providers designated by the	70795
Department and return any unexpended funds to the Department along	70796
with any reports prescribed by the Department. The funding made	70797
available from a program that waives its right for funding or has	70798
its funding eliminated or reduced may be used by the Department	70799
for new grant awards or expansion grants. The Department may award	70800
new grants or expansion grants to eligible providers who apply.	70801
The eligible providers who apply must do so in accordance with the	70802
selection process established by the Department.	70803

(K) As used in this section, "early learning program	70804
guidelines for school readiness" means the guidelines established	70805
by the Department pursuant to division (C)(3) of Section 206.09.54	70806
of Am. Sub. H.B. 66 of the 126th General Assembly.	70807

Section 269.10.30. EDUCATOR TRAINING

70808

The foregoing appropriation item 200-410, Educator Training,	70809
shall be used to fund professional development programs in Ohio.	70810
The Department of Education shall, when possible, incorporate	70811
cultural competency as a component of professional development and	70812
actively promote the development of cultural competency in the	70813
operation of its professional development programs. As used in	70814
this section, "cultural competency" has the meaning specified by	70815
the Educator Standards Board under section 3319.61 of the Revised	70816
Code.	70817

Of the foregoing appropriation item 200-410, Educator	70818
Training, up to $9,250,000 in fiscal year 2008 and up to	70819
$10,250,000 in fiscal year 2009 shall be used by the Department of	70820
Education to provide grants to pay $2,225 of the application fee	70821
in order to assist teachers from public and chartered nonpublic	70822
schools applying for the first time to the National Board for	70823
Professional Teaching Standards for professional teaching	70824
certificates or licenses that the board offers. These moneys shall	70825
be used to pay up to the first 400 applications in each fiscal	70826
year received by the Department. This set aside shall also be used	70827
to recognize and reward teachers who become certified by the	70828
National Board for Professional Teaching Standards under section	70829
3319.55 of the Revised Code. Up to $300,000 in each fiscal year of	70830
this set aside may be used by the Department to pay for costs	70831
associated with activities to support candidates through the	70832
application and certification process. Up to $39,500 of this set	70833
aside in each fiscal year may be used to support the application	70834
fee for candidates participating in the Take One program for	70835
beginning teachers in years two and three.	70836

Of the foregoing appropriation item 200-410, Educator	70837
Training, up to $9,515,817 in each fiscal year shall be allocated	70838
for entry year teacher and principal programs. These funds shall	70839
be used to support mentoring services and performance assessments	70840
of beginning teachers and principals in school districts and	70841
chartered nonpublic schools.	70842

Of the foregoing appropriation item 200-410, Educator	70843
Training, up to $200,000 in each fiscal year shall be used to	70844
provide technical assistance and grants for districts to develop	70845
local knowledge/skills-based compensation systems. Each district	70846
receiving grants shall issue an annual report to the Department of	70847
Education detailing the use of the funds and the impact of the	70848
system developed by the district.	70849

Of the foregoing appropriation item 200-410, Educator	70850
Training, up to $350,000 in each fiscal year shall be used for	70851
training and professional development of school administrators,	70852
school treasurers, and school business officials.	70853

Of the foregoing appropriation item 200-410, Educator	70854
Training, up to $63,000 in each fiscal year shall be used to	70855
support the Ohio University Leadership Program.	70856

Of the foregoing appropriation item 200-410, Educator	70857
Training, $250,000 in each fiscal year shall be used to support	70858
the Ohio School Leadership Institute.	70859

Section 269.10.40. CAREER-TECHNICAL EDUCATION MATCH

70860

The foregoing appropriation item 200-416, Career-Technical	70861
Education Match, shall be used by the Department of Education to	70862
provide vocational administration matching funds under 20 U.S.C.	70863
2311.	70864

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

70865

The foregoing appropriation item 200-420,	70866
Computer/Application/Network Development, shall be used to support	70867
the development and implementation of information technology	70868
solutions designed to improve the performance and services of the	70869
Department of Education. Funds may be used for personnel,	70870
maintenance, and equipment costs related to the development and	70871
implementation of these technical system projects. Implementation	70872
of these systems shall allow the Department to provide greater	70873
levels of assistance to school districts and to provide more	70874
timely information to the public, including school districts,	70875
administrators, and legislators. Funds may also be used to support	70876
data-driven decision-making and differentiated instruction, as	70877
well as to communicate academic content standards and curriculum	70878
models to schools through web-based applications.	70879

Section 269.10.50. ALTERNATIVE EDUCATION PROGRAMS

70880

Of the foregoing appropriation item 200-421, Alternative	70881
Education Programs, up to $6,227,310 in each fiscal year shall be	70882
used for the renewal of successful implementation grants and for	70883
competitive matching grants to the 21 urban school districts as	70884
defined in division (O) of section 3317.02 of the Revised Code as	70885
it existed prior to July 1, 1998, and up to $6,161,074 in each	70886
fiscal year shall be used for the renewal of successful	70887
implementation grants and for competitive matching grants to rural	70888
and suburban school districts for alternative educational programs	70889
for existing and new at-risk and delinquent youth. Programs shall	70890
be focused on youth in one or more of the following categories:	70891
those who have been expelled or suspended, those who have dropped	70892
out of school or who are at risk of dropping out of school, those	70893
who are habitually truant or disruptive, or those on probation or	70894
on parole from a Department of Youth Services facility. Grants	70895
shall be awarded according to the criteria established by the	70896
Alternative Education Advisory Council in 1999. Grants shall be	70897
awarded only to programs in which the grant will not serve as the	70898
program's primary source of funding. These grants shall be	70899
administered by the Department of Education.	70900

The Department of Education may waive compliance with any	70901
minimum education standard established under section 3301.07 of	70902
the Revised Code for any alternative school that receives a grant	70903
under this section on the grounds that the waiver will enable the	70904
program to more effectively educate students enrolled in the	70905
alternative school.	70906

Of the foregoing appropriation item 200-421, Alternative	70907
Education Programs, up to $272,281 in each fiscal year may be used	70908
for program administration, monitoring, technical assistance,	70909
support, research, and evaluation. Any unexpended balance may be	70910
used to provide additional matching grants to urban, suburban, or	70911
rural school districts as outlined above.	70912

Of the foregoing appropriation item 200-421, Alternative	70913
Education Programs, $100,000 in each fiscal year shall be used to	70914
support the Toledo Tech Academy. Of this amount, $25,000 in each	70915
fiscal year shall be used by the Toledo Tech Academy to enhance	70916
and establish For Inspiration and Recognition in Science and	70917
Technology programs. (F.I.R.S.T.)	70918

Of the foregoing appropriation item 200-421, Alternative	70919
Education Programs, $2,000,000 in fiscal year 2008 shall be used	70920
to support Improved Solutions for Urban Students (ISUS).	70921

Of the foregoing appropriation item 200-421, Alternative	70922
Education Programs, $100,000 in each fiscal year shall be provided	70923
to the Cincinnati Arts and Technology Center to increase program	70924
support for high-risk teens and unemployed urban adults.	70925

Of the foregoing appropriation item 200-421, Alternative	70926
Education Programs, $50,000 in fiscal year 2008 and $250,000 in	70927
fiscal year 2009 shall be used for the administration of the	70928
Special Education Scholarship Pilot Program established under	70929
section 3310.52 of the Revised Code.	70930

Section 269.10.60. SCHOOL MANAGEMENT ASSISTANCE

70931

Of the foregoing appropriation item 200-422, School	70932
Management Assistance, up to $1,715,000 in each fiscal year shall	70933
be used by the Auditor of State in consultation with the	70934
Department of Education for expenses incurred in the Auditor of	70935
State's role relating to fiscal caution, fiscal watch, and fiscal	70936
emergency activities as defined in Chapter 3316. of the Revised	70937
Code and may also be used to conduct performance audits with	70938
priority given to districts in fiscal distress. Expenses include	70939
duties related to the completion of performance audits for school	70940
districts that the Superintendent of Public Instruction determines	70941
are employing fiscal practices or experiencing budgetary	70942
conditions that could produce a state of fiscal watch or fiscal	70943
emergency.	70944

Of the foregoing appropriation item 200-422, School	70945
Management Assistance, up to $250,000 in each fiscal year shall be	70946
used by the Department of Education to work with school districts	70947
and entities that serve school districts to develop and deploy	70948
analytical tools that allow districts and other stakeholders to	70949
analyze more thoroughly district spending patterns in order to	70950
promote more effective and efficient use of resources. Quarterly	70951
updates of the progress for implementation of these tools shall be	70952
provided to the Governor, and the Department shall give due	70953
diligence to implementing these tools in the shortest reasonable	70954
timeline.	70955

The remainder of foregoing appropriation item 200-422, School	70956
Management Assistance, shall be used by the Department of	70957
Education to provide fiscal technical assistance and inservice	70958
education for school district management personnel and to	70959
administer, monitor, and implement the fiscal watch and fiscal	70960
emergency provisions under Chapter 3316. of the Revised Code.	70961

Section 269.10.70. POLICY ANALYSIS

70962

The foregoing appropriation item 200-424, Policy Analysis,	70963
shall be used by the Department of Education to support a system	70964
of administrative, statistical, and legislative education	70965
information to be used for policy analysis. Staff supported by	70966
this appropriation shall administer the development of reports,	70967
analyses, and briefings to inform education policymakers of	70968
current trends in education practice, efficient and effective use	70969
of resources, and evaluation of programs to improve education	70970
results. The database shall be kept current at all times. These	70971
research efforts shall be used to supply information and analysis	70972
of data to the General Assembly and other state policymakers,	70973
including the Office of Budget and Management and the Legislative	70974
Service Commission.	70975

The Department of Education may use funding from this	70976
appropriation item to purchase or contract for the development of	70977
software systems or contract for policy studies that will assist	70978
in the provision and analysis of policy-related information.	70979
Funding from this appropriation item also may be used to monitor	70980
and enhance quality assurance for research-based policy analysis	70981
and program evaluation to enhance the effective use of education	70982
information to inform education policymakers.	70983

TECH PREP CONSORTIA SUPPORT

70984

The foregoing appropriation item 200-425, Tech Prep Consortia	70985
Support, shall be used by the Department of Education to support	70986
state-level activities designed to support, promote, and expand	70987
tech prep programs. Use of these funds shall include, but not be	70988
limited to, administration of grants, program evaluation,	70989
professional development, curriculum development, assessment	70990
development, program promotion, communications, and statewide	70991
coordination of tech prep consortia.	70992

Section 269.10.80. OHIO EDUCATIONAL COMPUTER NETWORK

70993

The foregoing appropriation item 200-426, Ohio Educational	70994
Computer Network, shall be used by the Department of Education to	70995
maintain a system of information technology throughout Ohio and to	70996
provide technical assistance for such a system in support of the	70997
State Education Technology Plan under section 3301.07 of the	70998
Revised Code.	70999

Of the foregoing appropriation item 200-426, Ohio Educational	71000
Computer Network, up to $18,136,691 in each fiscal year shall be	71001
used by the Department of Education to support connection of all	71002
public school buildings and participating chartered nonpublic	71003
schools to the state's education network, to each other, and to	71004
the Internet. In each fiscal year the Department of Education	71005
shall use these funds to assist information technology centers or	71006
school districts with the operational costs associated with this	71007
connectivity. The Department of Education shall develop a formula	71008
and guidelines for the distribution of these funds to information	71009
technology centers or individual school districts. As used in this	71010
section, "public school building" means a school building of any	71011
city, local, exempted village, or joint vocational school	71012
district, any community school established under Chapter 3314. of	71013
the Revised Code, any educational service center building used for	71014
instructional purposes, the Ohio School for the Deaf and the Ohio	71015
School for the Blind, or high schools chartered by the Ohio	71016
Department of Youth Services and high schools operated by Ohio	71017
Department of Rehabilitation and Corrections' Ohio Central School	71018
System.	71019

Of the foregoing appropriation item 200-426, Ohio Educational	71020
Computer Network, up to $2,469,223 in each fiscal year shall be	71021
used for the Union Catalog and InfOhio Network and to support the	71022
provision of electronic resources with priority given to resources	71023
that support the teaching of state academic content standards in	71024
all public schools. Consideration shall be given by the Department	71025
of Education to coordinating the allocation of these moneys with	71026
the efforts of Libraries Connect Ohio, whose members include	71027
OhioLINK, the Ohio Public Information Network, and the State	71028
Library of Ohio.	71029

Of the foregoing appropriation item 200-426, Ohio Educational	71030
Computer Network, up to $8,338,468 in each fiscal year shall be	71031
used, through a formula and guidelines devised by the Department,	71032
to subsidize the activities of designated information technology	71033
centers, as defined by State Board of Education rules, to provide	71034
school districts and chartered nonpublic schools with	71035
computer-based student and teacher instructional and	71036
administrative information services, including approved	71037
computerized financial accounting, and to ensure the effective	71038
operation of local automated administrative and instructional	71039
systems.	71040

The remainder of appropriation item 200-426, Ohio Educational	71041
Computer Network, shall be used to support development,	71042
maintenance, and operation of a network of uniform and compatible	71043
computer-based information and instructional systems. This	71044
technical assistance shall include, but not be restricted to,	71045
development and maintenance of adequate computer software systems	71046
to support network activities. In order to improve the efficiency	71047
of network activities, the Department and information technology	71048
centers may jointly purchase equipment, materials, and services	71049
from funds provided under this appropriation for use by the	71050
network and, when considered practical by the Department, may	71051
utilize the services of appropriate state purchasing agencies.	71052

Section 269.10.90. ACADEMIC STANDARDS

71053

Of the foregoing appropriation item 200-427, Academic	71054
Standards, $150,000 in each fiscal year shall be used by the	71055
Department in combination with funding earmarked for this purpose	71056
in the Board of Regents' budget under appropriation item 235-321,	71057
Operating Expenses. Such funding shall be used to support Ohio's	71058
Partnership for Continued Learning at the direction of the Office	71059
of the Governor. Ohio's Partnership for Continued Learning	71060
replaces and broadens the former Joint Council of the Department	71061
of Education and the Board of Regents. The Partnership shall	71062
advise and make recommendations to promote collaboration among	71063
relevant state entities in an effort to help local communities	71064
develop coherent and successful "P-16" learning systems. The	71065
Governor, or the Governor's designee, shall serve as the	71066
chairperson.	71067

Of the foregoing appropriation item 200-427, Academic	71068
Standards, $1,000,000 in each fiscal year shall be used for	71069
Project Lead the Way leadership and management oversight and	71070
initial and continuing support of Project Lead the Way workforce	71071
development programs in participating school districts.	71072

Of the foregoing appropriation item 200-427, Academic	71073
Standards, $50,000 in each fiscal year shall be provided to the	71074
Art Academy of Cincinnati to support technology needs for the	71075
annual operation of its undergraduate, graduate, and noncredit	71076
programs and for administrative staff support.	71077

The remainder of appropriation item 200-427, Academic	71078
Standards, shall be used by the Department of Education to	71079
develop, revise, and communicate to school districts academic	71080
content standards and curriculum models. The Department may also	71081
use the remainder to develop program models that demonstrate how	71082
the academic content standards can be implemented in high school	71083
classrooms and to offer online continuing education courses. The	71084
Department of Education may also use the remainder to support the	71085
coordination of Physical Education standards.	71086

Section 269.20.10. SCHOOL IMPROVEMENT INITIATIVES

71087

Of the foregoing appropriation item 200-431, School	71088
Improvement Initiatives, $450,000 in each fiscal year shall be	71089
used for Ohio's Rural Appalachian Leadership Development	71090
Initiative.	71091

Of the foregoing appropriation item 200-431, School	71092
Improvement Initiatives, up to $601,165 in each fiscal year shall	71093
be used by the Department of Education to support educational	71094
media centers to provide Ohio public schools with instructional	71095
resources and services, with priority given to resources and	71096
services aligned with state academic content standards.	71097

Of the foregoing appropriation item 200-431, School	71098
Improvement Initiatives, up to $10,387,835 in each fiscal year	71099
shall be used to support districts in the development and	71100
implementation of their continuous improvement plans as required	71101
in section 3302.04 of the Revised Code and to provide technical	71102
assistance and support in accordance with Title I of the "No Child	71103
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. This	71104
funding shall serve as a supplement to the funds provided under	71105
division (K) of section 3317.029 of the Revised Code, which	71106
represents state support for school improvement initiatives that	71107
assist school districts in closing the achievement gap.	71108

Of the foregoing appropriation item 200-431, School	71109
Improvement Initiatives, up to $236,250 in each fiscal year shall	71110
be used to reduce the dropout rate by addressing the academic and	71111
social problems of inner-city students through Project GRAD.	71112

Of the foregoing appropriation item 200-431, School	71113
Improvement Initiatives, up to $7,988,985 in fiscal year 2008 and	71114
up to $8,323,985 in fiscal year 2009 shall be used to redesign	71115
high schools and improve urban schools. This funding may be used	71116
for a pilot program in partnership with nonprofit groups with	71117
expertise in converting existing large urban high schools into	71118
small, personalized high schools. Districts eligible for such	71119
pilot funding include the Urban 21 high schools, as defined in	71120
division (O) of section 3317.02 of the Revised Code as it existed	71121
prior to July 1, 1998. The funding may also be used for	71122
administrative costs to redesign high schools and improve urban	71123
schools and in conjunction with funding provided in the Board of	71124
Regents' budget under appropriation item 235-434, College	71125
Readiness and Access, to create early college high schools, which	71126
are small, autonomous schools that blend high school and college	71127
into a coherent educational program. The funds for early college	71128
high schools shall be distributed according to guidelines	71129
established by the Department of Education and the Board of	71130
Regents.	71131

Of the foregoing appropriation item 200-431, School	71132
Improvement Initiatives, up to $75,000 in each fiscal year shall	71133
be provided to Southern State Community College for the Pilot	71134
Post-Secondary Enrollment Options Program with Miami Trace High	71135
School.	71136

Of the foregoing appropriation item 200-431, School	71137
Improvement Initiatives, $1,000,000 in each fiscal year shall be	71138
used to support Jobs for Ohio Graduates (JOG). The Department of	71139
Education shall require a two-to-one match of local funding to	71140
state funding before releasing these funds to JOG.	71141

Of the foregoing appropriation item 200-431, School	71142
Improvement Initiatives, up to $600,000 in each fiscal year shall	71143
be used by the Department of Education to support start-up costs	71144
for gaining business and industry credentialing program	71145
accreditation and to support the development of a data collection	71146
system across the numerous industry test providers. Funds shall	71147
also be used to help subsidize the cost of student participation	71148
in industry assessments, provide research on industry assessments	71149
for alignment to industry-established content standards, provide	71150
professional development opportunities for educators, and prepare	71151
schools and adult centers to organize for credential alignment and	71152
delivery.	71153

Of the foregoing appropriation item 200-431, School	71154
Improvement Initiatives, $250,000 in each fiscal year shall be	71155
used to support Amer-I-Can.	71156

Section 269.20.20. LITERACY IMPROVEMENT-PROFESSIONAL	71157
DEVELOPMENT	71158

Of the foregoing appropriation item 200-433, Literacy	71159
Improvement-Professional Development, up to $9,290,000 in each	71160
fiscal year shall be used for educator training in literacy for	71161
classroom teachers, administrators, and literacy specialists.	71162

Of the foregoing appropriation item 200-433, Literacy	71163
Improvement-Professional Development, up to $5,000,000 in each	71164
fiscal year shall be used to support literacy professional	71165
development partnerships between the Department of Education,	71166
higher education institutions, literacy networks, and school	71167
districts.	71168

Of the foregoing appropriation item 200-433, Literacy	71169
Improvement - Professional Development, $900,000 in each fiscal	71170
year shall be used by the Department of Education to fund the	71171
Reading Recovery Training Network, to cover the cost of release	71172
time for the teacher trainers, and to provide grants to districts	71173
to implement other reading improvement programs on a pilot basis.	71174
Funds from this set-aside also may be used to conduct evaluations	71175
of the impact and effectiveness of Reading Recovery and other	71176
reading improvement programs.	71177

Of the foregoing appropriation item 200-433, Literacy	71178
Improvement-Professional Development, $100,000 in each fiscal year	71179
shall be provided to the Contemporary Arts Center for art	71180
education for children and a children's museum.	71181

The remainder of appropriation item 200-433, Literacy	71182
Improvement-Professional Development, shall be used by the	71183
Department of Education to provide administrative support of	71184
literacy professional development programs. Upon approval of the	71185
Controlling Board, the Department may also use the remainder to	71186
contract with an external evaluator on the effectiveness of	71187
literacy professional development initiatives in the academic	71188
achievement of students.	71189

STUDENT ASSESSMENT

71190

Of the foregoing appropriation item 200-437, Student	71191
Assessment, up to $207,364 in fiscal year 2008 and up to $212,486	71192
in fiscal year 2009 may be used to support the assessments	71193
required under section 3301.0715 of the Revised Code.	71194

The remainder of appropriation item 200-437, Student	71195
Assessment, shall be used to develop, field test, print,	71196
distribute, score, report results, and support other associated	71197
costs for the tests required under sections 3301.0710 and	71198
3301.0711 of the Revised Code and for similar purposes as required	71199
by section 3301.27 of the Revised Code. If funds remain in this	71200
appropriation after these purposes have been fulfilled, the	71201
Department may use the remainder of the appropriation to develop	71202
end-of-course exams.	71203

Section 269.20.30. ACCOUNTABILITY/REPORT CARDS

71204

Of the foregoing appropriation item 200-439,	71205
Accountability/Report Cards, up to $3,028,540 in each fiscal year	71206
shall be used to train district and regional specialists and	71207
district educators in the use of the value-added progress	71208
dimension and in the use of data as it relates to improving	71209
student achievement. This funding shall be used in consultation	71210
with a credible nonprofit organization with expertise in	71211
value-added progress dimensions.	71212

The remainder of appropriation item 200-439,	71213
Accountability/Report Cards, shall be used by the Department to	71214
incorporate a statewide pilot value-added progress dimension into	71215
performance ratings for school districts and for the development	71216
of an accountability system that includes the preparation and	71217
distribution of school report cards under section 3302.03 of the	71218
Revised Code.	71219

CHILD CARE LICENSING

71220

The foregoing appropriation item 200-442, Child Care	71221
Licensing, shall be used by the Department of Education to license	71222
and to inspect preschool and school-age child care programs under	71223
sections 3301.52 to 3301.59 of the Revised Code.	71224

Section 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM

71225

The foregoing appropriation item 200-446, Education	71226
Management Information System, shall be used by the Department of	71227
Education to improve the Education Management Information System	71228
(EMIS).	71229

Of the foregoing appropriation item 200-446, Education	71230
Management Information System, up to $1,338,620 in fiscal year	71231
2008 and up to $1,372,085 in fiscal year 2009 shall be distributed	71232
to designated information technology centers for costs relating to	71233
processing, storing, and transferring data for the effective	71234
operation of the EMIS. These costs may include, but are not	71235
limited to, personnel, hardware, software development,	71236
communications connectivity, professional development, and support	71237
services, and to provide services to participate in the State	71238
Education Technology Plan pursuant to section 3301.07 of the	71239
Revised Code.	71240

Of the foregoing appropriation item 200-446, Education	71241
Management Information System, up to $8,256,569 in fiscal year	71242
2008 and up to $8,462,984 in fiscal year 2009 shall be distributed	71243
on a per-pupil basis to school districts, community schools	71244
established under Chapter 3314. of the Revised Code, educational	71245
service centers, joint vocational school districts, and any other	71246
education entity that reports data through EMIS. From this	71247
funding, each school district or community school established	71248
under Chapter 3314. of the Revised Code with enrollment greater	71249
than 100 students and each vocational school district shall	71250
receive a minimum of $5,000 in each fiscal year. Each school	71251
district or community school established under Chapter 3314. of	71252
the Revised Code with enrollment between one and one hundred and	71253
each educational service center and each county board of MR/DD	71254
that submits data through EMIS shall receive $3,000 in each fiscal	71255
year. This subsidy shall be used for costs relating to reporting,	71256
processing, storing, transferring, and exchanging data necessary	71257
to meet requirements of the Department of Education's data system.	71258

The remainder of appropriation item 200-446, Education	71259
Management Information System, shall be used to develop and	71260
support a common core of data definitions and standards as adopted	71261
by the Education Management Information System Advisory Board,	71262
including the ongoing development and maintenance of the data	71263
dictionary and data warehouse. In addition, such funds shall be	71264
used to support the development and implementation of data	71265
standards and the design, development, and implementation of a new	71266
data exchange system.	71267

Any provider of software meeting the standards approved by	71268
the Education Management Information System Advisory Board shall	71269
be designated as an approved vendor and may enter into contracts	71270
with local school districts, community schools, information	71271
technology centers, or other educational entities for the purpose	71272
of collecting and managing data required under Ohio's education	71273
management information system (EMIS) laws. On an annual basis, the	71274
Department of Education shall convene an advisory group of school	71275
districts, community schools, and other education-related entities	71276
to review the Education Management Information System data	71277
definitions and data format standards. The advisory group shall	71278
recommend changes and enhancements based upon surveys of its	71279
members, education agencies in other states, and current industry	71280
practices, to reflect best practices, align with federal	71281
initiatives, and meet the needs of school districts.	71282

School districts and community schools not implementing a	71283
common and uniform set of data definitions and data format	71284
standards for Education Management Information System purposes	71285
shall have all EMIS funding withheld until they are in compliance.	71286

Section 269.20.50. GED TESTING

71287

The foregoing appropriation item 200-447, GED Testing, shall	71288
be used to provide General Educational Development (GED) testing	71289
at no cost to applicants, under rules adopted by the State Board	71290
of Education. The Department of Education shall reimburse school	71291
districts and community schools, created under Chapter 3314. of	71292
the Revised Code, for a portion of the costs incurred in providing	71293
summer instructional or intervention services to students who have	71294
not graduated because of their inability to pass one or more parts	71295
of the state's Ohio Graduation Test or ninth grade proficiency	71296
test. School districts shall also provide such services to	71297
students who are residents of the district under section 3313.64	71298
of the Revised Code, but who are enrolled in chartered, nonpublic	71299
schools. The services shall be provided in the public school, in	71300
nonpublic schools, in public centers, or in mobile units located	71301
on or off the nonpublic school premises. No school district shall	71302
provide summer instructional or intervention services to nonpublic	71303
school students as authorized by this section unless such services	71304
are available to students attending the public schools within the	71305
district. No school district shall provide services for use in	71306
religious courses, devotional exercises, religious training, or	71307
any other religious activity. Chartered, nonpublic schools shall	71308
pay for any unreimbursed costs incurred by school districts for	71309
providing summer instruction or intervention services to students	71310
enrolled in chartered, nonpublic schools. School districts may	71311
provide these services to students directly or contract with	71312
postsecondary or nonprofit community-based institutions in	71313
providing instruction.	71314

Section 269.20.60. EDUCATOR PREPARATION

71315

The foregoing appropriation item 200-448, Educator	71316
Preparation, may be used by the Department to support the Educator	71317
Standards Board under section 3319.61 of the Revised Code as it	71318
develops and recommends to the State Board of Education standards	71319
for educator training and standards for teacher and other school	71320
leadership positions. Any remaining funds may be used by the	71321
Department to develop alternative preparation programs for school	71322
leaders.	71323

Section 269.20.70. COMMUNITY SCHOOLS

71324

Of the foregoing appropriation item 200-455, Community	71325
Schools, up to $1,308,661 in each fiscal year may be used by the	71326
Department of Education for additional services and	71327
responsibilities under section 3314.11 of the Revised Code.	71328

Of the foregoing appropriation item 200-455, Community	71329
Schools, up to $225,000 in each fiscal year may be used by the	71330
Department of Education for developing and conducting training	71331
sessions for sponsors and prospective sponsors of community	71332
schools as prescribed in division (A)(1) of section 3314.015 of	71333
the Revised Code. In developing the training sessions, the	71334
Department shall collect and disseminate examples of best	71335
practices used by sponsors of independent charter schools in Ohio	71336
and other states.	71337

STEM INITIATIVES

71338

Of the foregoing appropriation item 200-457, STEM	71339
Initiatives, up to $3,000,000 in each fiscal year shall be	71340
provided as grants to STEM schools.	71341

Of the foregoing appropriation item 200-457, STEM	71342
Initiatives, up to $3,283,000 in each fiscal year shall be used to	71343
support STEM Programs of Excellence.	71344

Of the foregoing appropriation item 200-457, STEM	71345
Initiatives, $350,000 in each fiscal year shall be used to support	71346
the Young Buckeye STEM Scholars After School and Summer Program	71347
designed by the Ohio Academy of Science.	71348

Of the foregoing appropriation item 200-457, STEM	71349
Initiatives, up to $2,600,000 in each fiscal year shall be used	71350
for mathematics initiatives that include, but are not limited to,	71351
intensive teacher professional development institutes that focus	71352
on classroom implementation of the mathematics standards.	71353

Of the foregoing appropriation item 200-457, STEM	71354
Initiatives, $200,000 in each fiscal year may be used to support	71355
the Ohio Resource Center for Math and Science.	71356

Of the foregoing appropriation item 200-457, STEM	71357
Initiatives, up to $282,000 in each fiscal year shall be used for	71358
the JASON Expedition project that provides statewide access to	71359
JASON Expedition content. Funds shall be used to provide	71360
professional development training for teachers participating in	71361
the project, statewide management, and a seventy-five per cent	71362
subsidy for statewide licensing of JASON Expedition content with	71363
priority given to content aligned with state academic content	71364
standards for approximately 90,000 middle school students	71365
statewide.	71366

Of the foregoing appropriation item 200-457, STEM	71367
Initiatives, $285,000 in each fiscal year shall be used for	71368
science initiatives that include, but are not limited to, the Ohio	71369
Science Institute (OSCI).	71370

Section 269.20.80. PUPIL TRANSPORTATION

71371

Of the foregoing appropriation item 200-502, Pupil	71372
Transportation, up to $830,624 in fiscal year 2008 and up to	71373
$838,930 in fiscal year 2009 may be used by the Department of	71374
Education for training prospective and experienced school bus	71375
drivers in accordance with training programs prescribed by the	71376
Department. Up to $59,870,514 in fiscal year 2008 and up to	71377
$60,469,220 in fiscal year 2009 may be used by the Department of	71378
Education for special education transportation reimbursements to	71379
school districts and county MR/DD boards for transportation	71380
operating costs as provided in division (J) of section 3317.024 of	71381
the Revised Code. The remainder of appropriation item 200-502,	71382
Pupil Transportation, shall be used for the state reimbursement of	71383
public school districts' costs in transporting pupils to and from	71384
the school they attend in accordance with the district's policy,	71385
State Board of Education standards, and the Revised Code.	71386

Notwithstanding the distribution formula outlined in division	71387
(D) of section 3317.022 of the Revised Code, each school district	71388
shall receive an additional one per cent in state funding for	71389
transportation in fiscal year 2008 over what was received in	71390
fiscal year 2007, and the local share of transportation costs that	71391
is used in the calculation of the charge-off supplement under	71392
section 3317.0216 of the Revised Code and the excess cost	71393
supplement under division (F) of section 3317.022 of the Revised	71394
Code for each school district in fiscal year 2008 shall be	71395
increased by one per cent from that used in calculations in fiscal	71396
year 2007.	71397

Notwithstanding the distribution formula outlined in division	71398
(D) of section 3317.022 of the Revised Code, each school district	71399
shall receive an additional one per cent in state funding for	71400
transportation in fiscal year 2009 over what was received in	71401
fiscal year 2008, and the local share of transportation costs that	71402
is used in the calculation of the charge-off supplement under	71403
section 3317.0216 of the Revised Code and the excess cost	71404
supplement under division (F) of section 3317.022 of the Revised	71405
Code for each school district in fiscal year 2009 shall be	71406
increased by one per cent from that used in calculations in fiscal	71407
year 2008.	71408

School districts not receiving state funding for	71409
transportation in fiscal year 2005 under division (D) of section	71410
3317.022 of the Revised Code shall not receive state funding for	71411
transportation in fiscal year 2008 or fiscal year 2009.	71412

Section 269.20.83. Not later than December 31, 2008, the	71413
Department of Education shall complete a study and submit to the	71414
General Assembly in accordance with section 101.68 of the Revised	71415
Code a report of findings regarding, and legislative and other	71416
recommendations for enhancing regional collaboration among school	71417
districts, educational service centers, community schools, and	71418
nonpublic schools in the provision of pupil transportation. The	71419
study shall include the role of educational service centers in	71420
providing pupil transportation. In conducting the study, the	71421
Department shall consult with the state regional alliance advisory	71422
board created by section 3312.11 of the Revised Code.	71423

Section 269.20.90. BUS PURCHASE ALLOWANCE

71424

The foregoing appropriation item 200-503, Bus Purchase	71425
Allowance, shall be distributed to school districts, educational	71426
service centers, and county MR/DD boards pursuant to rules adopted	71427
under section 3317.07 of the Revised Code. Up to 28 per cent of	71428
the amount appropriated may be used to reimburse school districts	71429
and educational service centers for the purchase of buses to	71430
transport students with disabilities and nonpublic school students	71431
and to county MR/DD boards, the Ohio School for the Deaf, and the	71432
Ohio School for the Blind for the purchase of buses to transport	71433
students with disabilities.	71434

SCHOOL LUNCH MATCH

71435

The foregoing appropriation item 200-505, School Lunch Match,	71436
shall be used to provide matching funds to obtain federal funds	71437
for the school lunch program.	71438

Section 269.30.10. ADULT LITERACY EDUCATION

71439

The foregoing appropriation item 200-509, Adult Literacy	71440
Education, shall be used to support adult basic and literacy	71441
education instructional programs and the State Literacy Resource	71442
Center Program.	71443

Of the foregoing appropriation item 200-509, Adult Literacy	71444
Education, up to $488,037 in each fiscal year shall be used for	71445
the support and operation of the State Literacy Resource Center.	71446

Of the foregoing appropriation item 200-509, Adult Literacy	71447
Education, up to $175,000 in each fiscal year shall be used for	71448
state reimbursement to school districts for adult high school	71449
continuing education programs under section 3313.531 of the	71450
Revised Code or for costs associated with awarding adult high	71451
school diplomas under section 3313.611 of the Revised Code.	71452

Of the foregoing appropriation item 200-509, Adult Literacy	71453
Education, $130,000 in each fiscal year shall be used to support	71454
initiatives for English as a Second Language programs. Funding	71455
shall be distributed as follows: $60,000 in each fiscal year for	71456
Jewish Community Federation of Cleveland, $25,000 in each fiscal	71457
year for Yassenoff Jewish Community Center of Columbus, $30,000 in	71458
each fiscal year for Jewish Family Services of Cincinnati, and	71459
$15,000 in each fiscal year for Jewish Family Services of Dayton.	71460

The remainder of the appropriation shall be used to continue	71461
to satisfy the state match and maintenance of effort requirements	71462
for the support and operation of the Department of	71463
Education-administered instructional grant program for adult basic	71464
and literacy education in accordance with the Department's state	71465
plan for adult basic and literacy education as approved by the	71466
State Board of Education and the Secretary of the United States	71467
Department of Education.	71468

Section 269.30.20. AUXILIARY SERVICES

71469

The foregoing appropriation item 200-511, Auxiliary Services,	71470
shall be used by the Department of Education for the purpose of	71471
implementing section 3317.06 of the Revised Code. Of the	71472
appropriation, up to $2,060,000 in fiscal year 2008 and up to	71473
$2,121,800 in fiscal year 2009 may be used for payment of the	71474
Post-Secondary Enrollment Options Program for nonpublic students.	71475
Notwithstanding section 3365.10 of the Revised Code, the	71476
Department, in accordance with Chapter 119. of the Revised Code,	71477
shall adopt rules governing the distribution method for these	71478
funds.	71479

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

71480

Of the foregoing appropriation item 200-514, Postsecondary	71481
Adult Career-Technical Education, $40,000 in each fiscal year	71482
shall be used for statewide coordination of the activities of the	71483
Ohio Young Farmers.	71484

The remainder of appropriation item 200-514, Postsecondary	71485
Adult Career-Technical Education, shall be used by the State Board	71486
of Education to provide postsecondary adult career-technical	71487
education under sections 3313.52 and 3313.53 of the Revised Code.	71488

Section 269.30.30. GIFTED PUPIL PROGRAM

71489

The foregoing appropriation item 200-521, Gifted Pupil	71490
Program, shall be used for gifted education units not to exceed	71491
1,110 in each fiscal year under division (L) of section 3317.024	71492
and division (F) of section 3317.05 of the Revised Code.	71493

Of the foregoing appropriation item 200-521, Gifted Pupil	71494
Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470	71495
in fiscal year 2009 may be used as an additional supplement for	71496
identifying gifted students under Chapter 3324. of the Revised	71497
Code.	71498

Of the foregoing appropriation item 200-521, Gifted Pupil	71499
Program, the Department of Education may expend up to $1,015,858	71500
in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for	71501
the Summer Honors Institute, including funding for the Martin	71502
Essex Program, which shall be awarded through a request for	71503
proposals process.	71504

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

71505

The foregoing appropriation item 200-532, Nonpublic	71506
Administrative Cost Reimbursement, shall be used by the Department	71507
of Education for the purpose of implementing section 3317.063 of	71508
the Revised Code.	71509

Section 269.30.40. OHIO CORE SUPPORT

71510

The foregoing appropriation item 200-536, Ohio Core Support,	71511
shall be used to support implementation of the Ohio Core Program,	71512
which requires establishment of a rigorous high school curriculum	71513
for Ohio's high school students. The Department of Education and	71514
the Board of Regents shall jointly plan and work collaboratively	71515
to guide implementation of the Ohio Core Program and to administer	71516
funding to eligible school districts, fiscal agents, individuals,	71517
and programs as determined under this section. The Department of	71518
Education and the Board of Regents shall jointly agree to the	71519
awarding and expenditure of funds appropriated in this section.	71520

Of the foregoing appropriation item 200-536, Ohio Core	71521
Support, up to $2,600,000 in fiscal year 2008 and up to $3,000,000	71522
in fiscal year 2009 shall be used to support the participation of	71523
teachers licensed in Ohio and mid-career professionals not	71524
currently employed by a school district or chartered nonpublic	71525
school or licensed to teach at the primary or secondary education	71526
levels in a twelve-month intensive training program that leads to	71527
teacher licensure in a laboratory-based science, advanced	71528
mathematics, or foreign language field at the secondary education	71529
level and employment with an Ohio school district school	71530
designated by the Department of Education as a hard to staff	71531
school.	71532

Of the foregoing appropriation item 200-536, Ohio Core	71533
Support, up to $1,500,000 in fiscal year 2008 and up to $2,100,000	71534
in fiscal year 2009 shall be used to support alternative teacher	71535
licensure programs developed by educational service centers in	71536
partnership with institutions of higher education. Participants	71537
shall be teachers licensed in Ohio and mid-career professionals	71538
not currently employed by a school district or chartered nonpublic	71539
school or licensed to teach at the primary or secondary education	71540
levels. Programs shall support teacher licensure in a	71541
laboratory-based science, advanced mathematics, or foreign	71542
language field at the secondary education level and employment	71543
with an Ohio school district school designated by the Department	71544
of Education as a hard to staff school. The programs shall be	71545
consistent with the State Board of Education's alternative	71546
licensure requirements.	71547

Of the foregoing appropriation item 200-536, Ohio Core	71548
Support, up to $3,600,000 in each fiscal year shall be distributed	71549
to school districts, and to public fiscal agents on behalf of	71550
chartered nonpublic schools, to be used to obtain contracted	71551
instruction with institutions of higher education in advanced	71552
mathematics, laboratory-based science, or foreign language for	71553
public and chartered nonpublic high school students that results	71554
in dual high school and college credit. Costs shall be based upon	71555
reasonable expenses that institutions of higher education could	71556
incur for faculty, supplies, and other associated costs.	71557

Of the foregoing appropriation item 200-536, Ohio Core	71558
Support, up to $5,675,000 in fiscal year 2009 shall be distributed	71559
to public school districts for supplemental post-secondary	71560
enrollment option participation. The Partnership for Continued	71561
Learning shall make program recommendations by October 31, 2007,	71562
to the Department of Education and the Board of Regents to remove	71563
school district barriers to participation and improve the quality	71564
of course offerings, ensuring that credit earned at institutions	71565
of higher education will apply toward high school graduation	71566
requirements and associate or baccalaureate degree requirements.	71567
Eligibility requirements and grant amounts awarded to school	71568
districts in fiscal year 2009 for the program shall be determined	71569
by criteria established by the Department of Education in	71570
collaboration with the Board of Regents and the Partnership for	71571
Continued Learning.	71572

Of the foregoing appropriation item 200-536, Ohio Core	71573
Support, $750,000 in fiscal year 2009 shall be used for Advanced	71574
Placement (AP) Summer Institutes for one hundred fifty English,	71575
social studies, and foreign language teachers and six hundred	71576
science and mathematics teachers.	71577

Section 269.30.50. SPECIAL EDUCATION ENHANCEMENTS

71578

Of the foregoing appropriation item 200-540, Special	71579
Education Enhancements, up to $2,906,875 in each fiscal year shall	71580
be used for home instruction for children with disabilities; up to	71581
$1,462,500 in each fiscal year shall be used for parent mentoring	71582
programs; and up to $2,783,396 in each fiscal year may be used for	71583
school psychology interns.	71584

Of the foregoing appropriation item 200-540, Special	71585
Education Enhancements, $750,000 in each fiscal year shall be used	71586
for the Out of School Initiative of Sinclair Community College.	71587

Of the foregoing appropriation item 200-540, Special	71588
Education Enhancements, $200,000 shall be used for a preschool	71589
special education pilot program in Bowling Green City School	71590
District.	71591

Of the foregoing appropriation item 200-540, Special	71592
Education Enhancements, $200,000 in each fiscal year shall be used	71593
to support the Bellefaire Jewish Children's Bureau.	71594

Of the foregoing appropriation item 200-540, Special	71595
Education Enhancements, up to $82,707,558 in fiscal year 2008 and	71596
up to $83,371,505 in fiscal year 2009 shall be distributed by the	71597
Department of Education to county boards of mental retardation and	71598
developmental disabilities, educational service centers, and	71599
school districts for preschool special education units and	71600
preschool supervisory units under section 3317.052 of the Revised	71601
Code. To the greatest extent possible, the Department of Education	71602
shall allocate these units to school districts and educational	71603
service centers.	71604

The Department may reimburse county MR/DD boards, educational	71605
service centers, and school districts for services provided by	71606
instructional assistants, related services as defined in rule	71607
3301-51-11 of the Administrative Code, physical therapy services	71608
provided by a licensed physical therapist or physical therapist	71609
assistant under the supervision of a licensed physical therapist	71610
as required under Chapter 4755. of the Revised Code and Chapter	71611
4755-27 of the Administrative Code and occupational therapy	71612
services provided by a licensed occupational therapist or	71613
occupational therapy assistant under the supervision of a licensed	71614
occupational therapist as required under Chapter 4755. of the	71615
Revised Code and Chapter 4755-7 of the Administrative Code.	71616
Nothing in this section authorizes occupational therapy assistants	71617
or physical therapist assistants to generate or manage their own	71618
caseloads.	71619

The Department of Education shall require school districts,	71620
educational service centers, and county MR/DD boards serving	71621
preschool children with disabilities to document child progress	71622
using research-based indicators prescribed by the Department and	71623
report results annually. The reporting dates and method shall be	71624
determined by the Department.	71625

Of the foregoing appropriation item 200-540, Special	71626
Education Enhancements, $650,000 in each fiscal year shall be	71627
used for the Collaborative Language and Literacy Instruction	71628
Project.	71629

Of the foregoing appropriation item 200-540, Special	71630
Education Enhancements, $325,000 in each fiscal year shall be used	71631
by the Ohio Center for Autism and Low Incidence to contract with	71632
the Delaware-Union Educational Service Center for the provision of	71633
autism transition services.	71634

Of the foregoing appropriation item 200-540, Special	71635
Education Enhancements, $75,000 in each fiscal year shall be used	71636
for Leaf Lake/Geauga Educational Assistance Funding.	71637

Of the foregoing appropriation item 200-540, Special	71638
Education Enhancements, $650,000 in each fiscal year shall be used	71639
to support Project More for one-to-one reading mentoring.	71640

The remainder of appropriation item 200-540, Special	71641
Education Enhancements, shall be used to fund special education	71642
and related services at county boards of mental retardation and	71643
developmental disabilities for eligible students under section	71644
3317.20 of the Revised Code and at institutions for eligible	71645
students under section 3317.201 of the Revised Code.	71646

Section 269.30.60. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

71647

Of the foregoing appropriation item 200-545, Career-Technical	71648
Education Enhancements, up to $2,509,152 in fiscal year 2008 and	71649
up to $2,584,427 in fiscal year 2009 shall be used to fund	71650
career-technical education units at institutions.	71651

Of the foregoing appropriation item 200-545, Career-Technical	71652
Education Enhancements, up to $2,621,507 in each fiscal year shall	71653
be used by the Department of Education to fund competitive grants	71654
to tech prep consortia that expand the number of students enrolled	71655
in tech prep programs. These grant funds shall be used to directly	71656
support expanded tech prep programs, including equipment, provided	71657
to students enrolled in school districts, including joint	71658
vocational school districts, and affiliated higher education	71659
institutions.	71660

Of the foregoing appropriation item 200-545, Career-Technical	71661
Education Enhancements, up to $3,401,000 in each fiscal year shall	71662
be used by the Department of Education to support existing High	71663
Schools That Work (HSTW) sites, develop and support new sites,	71664
fund technical assistance, and support regional centers and middle	71665
school programs. The purpose of HSTW is to combine challenging	71666
academic courses and modern career-technical studies to raise the	71667
academic achievement of students. HSTW provides intensive	71668
technical assistance, focused staff development, targeted	71669
assessment services, and ongoing communications and networking	71670
opportunities.	71671

Of the foregoing appropriation item 200-545, Career-Technical	71672
Education Enhancements, up to $466,992 in each fiscal year shall	71673
be allocated for the Ohio Career Information System (OCIS) and	71674
used for the dissemination of career information data to public	71675
schools, libraries, rehabilitation centers, two- and four-year	71676
colleges and universities, and other governmental units.	71677

Of the foregoing appropriation item 200-545, Career-Technical	71678
Education Enhancements, up to $300,000 in each fiscal year shall	71679
be used by the Department of Education to enable students in	71680
agricultural programs to enroll in a fifth quarter of instruction	71681
based on the agricultural education model of delivering work-based	71682
learning through supervised agricultural experience. The	71683
Department of Education shall determine eligibility criteria and	71684
the reporting process for the Agriculture 5th Quarter Project and	71685
shall fund as many programs as possible given the set aside.	71686

Section 269.30.70. FOUNDATION FUNDING

71687

The foregoing appropriation item 200-550, Foundation Funding,	71688
includes $75,000,000 in each fiscal year for the state education	71689
aid offset due to the change in public utility valuation as a	71690
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	71691
General Assembly. This amount represents the total state education	71692
aid offset due to the valuation change for school districts and	71693
joint vocational school districts from all relevant appropriation	71694
line item sources. Upon certification by the Department of	71695
Education, in consultation with the Department of Taxation, to the	71696
Director of Budget and Management of the actual state aid offset,	71697
the cash transfer from Fund 053, appropriation item 200-900,	71698
School District Property Tax Replacement - Utility, shall be	71699
decreased or increased by the Director of Budget and Management to	71700
match the certification in accordance with section 5727.84 of the	71701
Revised Code.	71702

The foregoing appropriation item 200-550, Foundation Funding,	71703
includes $58,000,000 in fiscal year 2008 and $145,000,000 in	71704
fiscal year 2009 for the state education aid offset because of the	71705
changes in tangible personal property valuation as a result of Am.	71706
Sub. H.B. 66 of the 126th General Assembly. This amount represents	71707
the total state education aid offset because of the valuation	71708
change for school districts and joint vocational school districts	71709
from all relevant appropriation item sources. Upon certification	71710
by the Department of Education of the actual state education aid	71711
offset to the Director of Budget and Management, the cash transfer	71712
from Fund 047, appropriation item 200-909, School District	71713
Property Tax Replacement - Business, shall be decreased or	71714
increased by the Director of Budget and Management to match the	71715
certification in accordance with section 5751.21 of the Revised	71716
Code.	71717

Of the foregoing appropriation item 200-550, Foundation	71718
Funding, up to $425,000 shall be expended in each fiscal year for	71719
court payments under section 2151.357 of the Revised Code; an	71720
amount shall be available in each fiscal year to fund up to 225	71721
full-time equivalent approved GRADS teacher grants under division	71722
(N) of section 3317.024 of the Revised Code; an amount shall be	71723
available in each fiscal year to make payments to school districts	71724
under division (A)(3) of section 3317.022 of the Revised Code; an	71725
amount shall be available in each fiscal year to make payments to	71726
school districts under division (F) of section 3317.022 of the	71727
Revised Code; and up to $30,000,000 in each fiscal year shall be	71728
reserved for payments under sections 3317.026, 3317.027, and	71729
3317.028 of the Revised Code except that the Controlling Board may	71730
increase the $30,000,000 amount if presented with such a request	71731
from the Department of Education.	71732

Of the foregoing appropriation item 200-550, Foundation	71733
Funding, up to $19,770,000 in fiscal year 2008 and up to	71734
$20,545,200 in fiscal year 2009 shall be used to provide	71735
additional state aid to school districts for special education	71736
students under division (C)(3) of section 3317.022 of the Revised	71737
Code, except that the Controlling Board may increase these amounts	71738
if presented with such a request from the Department of Education	71739
at the final meeting of the fiscal year; up to $2,000,000 in each	71740
fiscal year shall be reserved for Youth Services tuition payments	71741
under section 3317.024 of the Revised Code; and up to $52,000,000	71742
in each fiscal year shall be reserved to fund the state	71743
reimbursement of educational service centers under section 3317.11	71744
of the Revised Code and the section of this act entitled	71745
"EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be	71746
available for special education weighted funding under division	71747
(C)(1) of section 3317.022 and division (D)(1) of section 3317.16	71748
of the Revised Code.	71749

Of the foregoing appropriation item 200-550, Foundation	71750
Funding, an amount shall be available in each fiscal year to be	71751
used by the Department of Education for transitional aid for	71752
school districts and joint vocational school districts. Funds	71753
shall be distributed under the sections of this act entitled	71754
"TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL	71755
DISTRICTS" and "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	71756
DISTRICTS."	71757

Of the foregoing appropriation item 200-550, Foundation	71758
Funding, up to $1,000,000 in each fiscal year shall be used by the	71759
Department of Education for a program to pay for educational	71760
services for youth who have been assigned by a juvenile court or	71761
other authorized agency to any of the facilities described in	71762
division (A) of the section of this act entitled "PRIVATE	71763
TREATMENT FACILITY PROJECT."	71764

Of the foregoing appropriation item 200-550, Foundation	71765
Funding, up to $3,700,000 in each fiscal year shall be used for	71766
school breakfast programs. Of this amount, up to $900,000 shall be	71767
used in each fiscal year by the Department of Education to	71768
contract with the Children's Hunger Alliance to expand access to	71769
child nutrition programs consistent with the organization's	71770
continued ability to meet specified performance measures as	71771
detailed in the contract. Of this amount, the Children's Hunger	71772
Alliance shall use at least $150,000 in each fiscal year to	71773
subcontract with an appropriate organization or organizations to	71774
expand summer food participation in underserved areas of the	71775
state, consistent with those organizations' continued ability to	71776
meet specified performance measures as detailed in the	71777
subcontracts. The remainder of the appropriation shall be used to	71778
partially reimburse school buildings within school districts that	71779
are required to have a school breakfast program under section	71780
3313.813 of the Revised Code, at a rate decided by the Department.	71781

Of the foregoing appropriation item 200-550, Foundation	71782
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860	71783
in fiscal year 2009 shall be used to operate the school choice	71784
program in the Cleveland Municipal School District under sections	71785
3313.974 to 3313.979 of the Revised Code.	71786

Of the portion of the funds distributed to the Cleveland	71787
Municipal School District under this section, up to $11,901,887 in	71788
each fiscal year shall be used to operate the school choice	71789
program in the Cleveland Municipal School District under sections	71790
3313.974 to 3313.979 of the Revised Code.	71791

Of the foregoing appropriation item 200-550, Foundation	71792
Funding, $3,312,165 in each fiscal year shall be used in	71793
conjunction with funding appropriated under appropriation item	71794
200-431, School Improvement Initiatives, to help support districts	71795
in the development and implementation of their continuous	71796
improvements plans and provide technical assistance and support in	71797
accordance with Title I of the No Child Left Behind Act of 2001.	71798

The remaining portion of appropriation item 200-550,	71799
Foundation Funding, shall be expended for the public schools of	71800
city, local, exempted village, and joint vocational school	71801
districts, including base-cost funding, special education speech	71802
service enhancement funding, career-technical education weight	71803
funding, career-technical education associated service funding,	71804
teacher training and experience funding, charge-off supplement,	71805
and excess cost supplement under sections 3317.022, 3317.023,	71806
3317.0216, and 3317.16 of the Revised Code.	71807

Appropriation items 200-502, Pupil Transportation, 200-521,	71808
Gifted Pupil Program, 200-540, Special Education Enhancements, and	71809
200-550, Foundation Funding, other than specific set-asides, are	71810
collectively used in each fiscal year to pay state formula aid	71811
obligations for school districts and joint vocational school	71812
districts under Chapter 3317. of the Revised Code. The first	71813
priority of these appropriation items, with the exception of	71814
specific set-asides, is to fund state formula aid obligations	71815
under Chapter 3317. of the Revised Code. It may be necessary to	71816
reallocate funds among these appropriation items or use excess	71817
funds from other general revenue fund appropriation items in the	71818
Department of Education's budget in each fiscal year, in order to	71819
meet state formula aid obligations. If it is determined that it is	71820
necessary to transfer funds among these appropriation items or to	71821
transfer funds from other General Revenue Fund appropriations in	71822
the Department of Education's budget to meet state formula aid	71823
obligations, the Department of Education shall seek approval from	71824
the Controlling Board to transfer funds as needed.	71825

Section 269.30.80. TRANSITIONAL AID FOR CITY, LOCAL, AND	71826
EXEMPTED VILLAGE SCHOOL DISTRICTS	71827

(A) The Department of Education shall distribute funds within	71828
appropriation item 200-550, Foundation Funding, for transitional	71829
aid in each fiscal year to each qualifying city, local, and	71830
exempted village school district.	71831

For fiscal years 2008 and 2009, the Department shall pay	71832
transitional aid to each city, local, or exempted village school	71833
district that experiences any decrease in its SF-3 funding for the	71834
current fiscal year from its transitional aid guarantee base for	71835
the current fiscal year. The amount of the transitional aid	71836
payment shall equal the difference between the district's SF-3	71837
funding for the current fiscal year and its transitional aid	71838
guarantee base for the current fiscal year.	71839

(B)(1) Subject to divisions (B)(3) and (C) of this section,	71840
the transitional aid guarantee base for each city, local, and	71841
exempted village school district for fiscal year 2008 equals the	71842
sum of the following as computed for fiscal year 2007, as	71843
reconciled by the Department:	71844

(a) Base-cost funding under division (A) of section 3317.022	71845
of the Revised Code;	71846

(b) Special education and related services additional	71847
weighted funding under division (C)(1) of section 3317.022 of the	71848
Revised Code;	71849

(c) Speech services funding under division (C)(4) of section	71850
3317.022 of the Revised Code;	71851

(d) Vocational education additional weighted funding under	71852
division (E) of section 3317.022 of the Revised Code;	71853

(e) GRADS funding under division (N) of section 3317.024 of	71854
the Revised Code;	71855

(f) Adjustments for classroom teachers and educational	71856
service personnel under divisions (B), (C), and (D) of section	71857
3317.023 of the Revised Code;	71858

(g) Poverty-Based Assistance under section 3317.029 of the	71859
Revised Code;	71860

(h) Gifted education units under division (L) of section	71861
3317.024 and section 3317.05 of the Revised Code;	71862

(i) Transportation under Section 206.09.21 of Am. Sub. H.B.	71863
66 of the 126th General Assembly, as subsequently amended;	71864

(j) The excess cost supplement under division (F) of section	71865
3317.022 of the Revised Code;	71866

(k) Parity aid under section 3317.0217 of the Revised Code;

71867

(l) The reappraisal guarantee under division (C) of section	71868
3317.04 of the Revised Code;	71869

(m) The charge-off supplement under section 3317.0216 of the	71870
Revised Code;	71871

(n) Transitional aid under Section 206.09.39 of Am. Sub. H.B.	71872
66 of the 126th General Assembly, as subsequently amended.	71873

(2) Subject to divisions (B)(3) and (C) of this section, the	71874
transitional aid guarantee base for each city, local, and exempted	71875
village school district for fiscal year 2009 equals the sum of the	71876
following as computed for fiscal year 2008, as reconciled by the	71877
Department:	71878

(a) Base-cost funding under division (A) of section 3317.022	71879
of the Revised Code;	71880

(b) Special education and related services additional	71881
weighted funding under division (C)(1) of section 3317.022 of the	71882
Revised Code;	71883

(c) Speech services funding under division (C)(4) of section	71884
3317.022 of the Revised Code;	71885

(d) Vocational education additional weighted funding under	71886
division (E) of section 3317.022 of the Revised Code;	71887

(e) GRADS funding under division (N) of section 3317.024 of	71888
the Revised Code;	71889

(f) Adjustments for classroom teachers and educational	71890
service personnel under divisions (B), (C), and (D) of section	71891
3317.023 of the Revised Code;	71892

(g) Gifted education units under division (L) of section	71893
3317.024 and section 3317.05 of the Revised Code;	71894

(h) Transportation under the section of this act entitled	71895
"PUPIL TRANSPORTATION";	71896

(i) The excess cost supplement under division (F) of section	71897
3317.022 of the Revised Code;	71898

(j) The charge-off supplement under section 3317.0216 of the	71899
Revised Code;	71900

(k) Transitional aid under this section.

71901

(3) The SF-3 funding for each fiscal year for each district	71902
is the sum of the amounts specified in divisions (B)(2)(a) to (k)	71903
of this section less any general revenue fund spending reductions	71904
ordered by the Governor under section 126.05 of the Revised Code.	71905

(C)(1) Notwithstanding any other provision of law to the	71906
contrary, only for purposes of this section, for any computation	71907
or computed value for previous fiscal years, the Department of	71908
Education shall substitute "ADM value" for "formula ADM," as the	71909
latter term was defined in law in effect for the fiscal year for	71910
which the previous computations were made.	71911

(2) As used in division (C) of this section, "ADM value"	71912
means the number of students reported by the entity providing	71913
educational services to those students, as follows:	71914

(a) In the case of students receiving educational services	71915
from a city, exempted village, or local school district, the	71916
number reported under division (B) of section 3317.03 of the	71917
Revised Code;	71918

(b) In the case of students receiving educational services	71919
from a joint vocational school district, the number reported under	71920
division (D)(2) of section 3317.03 of the Revised Code;	71921

(c) In the case of students receiving services from a	71922
community school, the number reported by the community school's	71923
governing authority under division (B)(2) of section 3314.08 of	71924
the Revised Code;	71925

(d) In the case of scholarship students receiving services	71926
from a chartered nonpublic school under a scholarship program	71927
pursuant to Chapter 3310. of the Revised Code, the number of such	71928
students reported by the nonpublic school in accordance with	71929
reporting requirements adopted by the Department for purposes of	71930
that program.	71931

Section 269.30.90. TRANSITIONAL AID FOR JOINT VOCATIONAL	71932
SCHOOL DISTRICTS	71933

(A) The Department of Education shall distribute funds within	71934
appropriation item 200-550, Foundation Funding, for transitional	71935
aid in each fiscal year to each joint vocational school district	71936
that experiences a decrease in its joint vocational funding for	71937
the current fiscal year from the previous fiscal year. The	71938
Department shall distribute to each such district transitional aid	71939
in an amount equal to the decrease in the district's joint	71940
vocational funding from the previous fiscal year.	71941

(B)(1) Subject to divisions (B)(2) and (3) of this section, a	71942
district's joint vocational funding equals the sum of the	71943
following:	71944

(a) Base-cost funding under division (B) of section 3317.16	71945
of the Revised Code;	71946

(b) Special education and related services additional	71947
weighted funding under division (D)(1) of section 3317.16 of the	71948
Revised Code;	71949

(c) Speech services funding under division (D)(2) of section	71950
3317.16 of the Revised Code;	71951

(d) Vocational education additional weighted funding under	71952
division (C) of section 3317.16 of the Revised Code;	71953

(e) GRADS funding under division (N) of section 3317.024 of	71954
the Revised Code.	71955

(2) For purposes of calculating transitional aid for fiscal	71956
year 2008, a district's fiscal year 2007 joint vocational funding	71957
is the sum of the amounts described in divisions (B)(1)(a) to (e)	71958
of this section, plus any transitional aid computed for the	71959
district under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th	71960
General Assembly, as subsequently amended, as reconciled by the	71961
Department. For purposes of calculating transitional aid for	71962
fiscal year 2009, a district's fiscal year 2008 joint vocational	71963
funding is the sum of the amounts described in divisions (B)(1)(a)	71964
to (e) of this section, plus any transitional aid computed for the	71965
district under this section, as reconciled by the Department.	71966

(3) The joint vocational funding for each fiscal year for	71967
each district is the sum of the amounts specified in divisions	71968
(B)(1)(a) to (e) and (B)(2) of this section less any general	71969
revenue fund spending reductions ordered by the Governor under	71970
section 126.05 of the Revised Code.	71971

Section 269.40.10. LITERACY IMPROVEMENT-CLASSROOM GRANTS

71972

The foregoing appropriation item 200-566, Literacy	71973
Improvement-Classroom Grants, shall be disbursed by the Department	71974
of Education to provide reading improvement grants to public	71975
schools in city, local, and exempted village school districts;	71976
community schools; and educational service centers serving	71977
kindergarten through twelfth grade students to help struggling	71978
students improve their reading skills, improve reading outcomes in	71979
low-performing schools, and help close achievement gaps.	71980

VIOLENCE PREVENTION AND SCHOOL SAFETY

71981

Of the foregoing appropriation item 200-578, Violence	71982
Prevention and School Safety, up to $224,250 in each fiscal year	71983
shall be used to fund a safe school center to provide resources	71984
for parents and for school and law enforcement personnel.	71985

The remainder of the appropriation shall be distributed based	71986
on guidelines developed by the Department of Education to enhance	71987
school safety. The guidelines shall provide a list of	71988
research-based best practices and programs from which local	71989
grantees shall select based on local needs. These practices shall	71990
include, but not be limited to, school resource officers and safe	71991
and drug free school coordinators and social-emotional development	71992
programs.	71993

Section 269.40.20. PROPERTY TAX ALLOCATION - EDUCATION

71994

The Superintendent of Public Instruction shall not request,	71995
and the Controlling Board shall not approve, the transfer of funds	71996
from appropriation item 200-901, Property Tax Allocation -	71997
Education, to any other appropriation item.	71998

The appropriation item 200-901, Property Tax Allocation -	71999
Education, is appropriated to pay for the state's costs incurred	72000
because of the homestead exemption and the property tax rollback.	72001
In cooperation with the Department of Taxation, the Department of	72002
Education shall distribute these funds directly to the appropriate	72003
school districts of the state, notwithstanding sections 321.24 and	72004
323.156 of the Revised Code, which provide for payment of the	72005
homestead exemption and property tax rollback by the Tax	72006
Commissioner to the appropriate county treasurer and the	72007
subsequent redistribution of these funds to the appropriate local	72008
taxing districts by the county auditor.	72009

Appropriation item 200-906, Tangible Tax Exemption -	72010
Education, is appropriated to pay for the state's costs incurred	72011
because of the tangible personal property tax exemption required	72012
by division (C)(3) of section 5709.01 of the Revised Code. In	72013
cooperation with the Department of Taxation, the Department of	72014
Education shall distribute to each county treasurer the total	72015
amount appearing in the notification from the county treasurer	72016
under division (G) of section 321.24 of the Revised Code, for all	72017
school districts located in the county, notwithstanding section	72018
321.24 of the Revised Code insofar as it provides for payment of	72019
the $10,000 tangible personal property tax exemption by the Tax	72020
Commissioner to the appropriate county treasurer for all local	72021
taxing districts located in the county. Pursuant to division (G)	72022
of section 321.24 of the Revised Code, the county auditor shall	72023
distribute the amount paid by the Department of Education among	72024
the appropriate school districts.	72025

Upon receipt of these amounts, each school district shall	72026
distribute the amount among the proper funds as if it had been	72027
paid as real or tangible personal property taxes. Payments for the	72028
costs of administration shall continue to be paid to the county	72029
treasurer and county auditor as provided for in sections 319.54,	72030
321.26, and 323.156 of the Revised Code.	72031

Any sums, in addition to the amounts specifically	72032
appropriated in appropriation items 200-901, Property Tax	72033
Allocation - Education, for the homestead exemption and the	72034
property tax rollback payments, and 200-906, Tangible Tax	72035
Exemption - Education, for the $10,000 tangible personal property	72036
tax exemption payments, which are determined to be necessary for	72037
these purposes, are hereby appropriated.	72038

Section 269.40.30. TEACHER CERTIFICATION AND LICENSURE

72039

The foregoing appropriation item 200-681, Teacher	72040
Certification and Licensure, shall be used by the Department of	72041
Education in each year of the biennium to administer and support	72042
teacher certification and licensure activities.	72043

SCHOOL DISTRICT SOLVENCY ASSISTANCE

72044

Of the foregoing appropriation item 200-687, School District	72045
Solvency Assistance, $9,000,000 in each fiscal year shall be	72046
allocated to the School District Shared Resource Account and	72047
$9,000,000 in each fiscal year shall be allocated to the	72048
Catastrophic Expenditures Account. These funds shall be used to	72049
provide assistance and grants to school districts to enable them	72050
to remain solvent under section 3316.20 of the Revised Code.	72051
Assistance and grants shall be subject to approval by the	72052
Controlling Board. Any required reimbursements from school	72053
districts for solvency assistance shall be made to the appropriate	72054
account in the School District Solvency Assistance Fund (Fund	72055
5H3).	72056

Notwithstanding any provision of law to the contrary, upon	72057
the request of the Superintendent of Public Instruction, the	72058
Director of Budget and Management may make transfers to the School	72059
District Solvency Assistance Fund (Fund 5H3) from any Department	72060
of Education-administered fund or the General Revenue Fund to	72061
maintain sufficient cash balances in the School District Solvency	72062
Assistance Fund (Fund 5H3) in fiscal years 2008 and 2009. Any	72063
funds transferred are hereby appropriated. The transferred funds	72064
may be used by the Department of Education to provide assistance	72065
and grants to school districts to enable them to remain solvent	72066
and to pay unforeseeable expenses of a temporary or emergency	72067
nature that the school district is unable to pay from existing	72068
resources. The Director of Budget and Management shall notify the	72069
members of the Controlling Board of any such transfers.	72070

Section 269.40.40. READING FIRST

72071

The foregoing appropriation item 200-632, Reading First,	72072
shall be used by school districts to administer federal diagnostic	72073
tests as well as other functions permitted by federal statute.	72074
Notwithstanding section 3301.079 of the Revised Code, federal	72075
diagnostic tests may be recognized as meeting the state diagnostic	72076
testing requirements outlined in section 3301.079 of the Revised	72077
Code.	72078

HALF-MILL MAINTENANCE EQUALIZATION

72079

The foregoing appropriation item 200-626, Half-Mill	72080
Maintenance Equalization, shall be used to make payments pursuant	72081
to section 3318.18 of the Revised Code.	72082

Section 269.40.50. START-UP FUNDS

72083

Funds appropriated for the purpose of providing start-up	72084
grants to Title IV-A Head Start and Title IV-A Head Start Plus	72085
agencies in fiscal year 2004 and fiscal year 2005 for the	72086
provision of services to children eligible for Title IV-A services	72087
under the Title IV-A Head Start or Title IV-A Head Start Plus	72088
programs shall be reimbursed to the General Revenue Fund as	72089
follows:	72090

(A) If, for fiscal year 2008, an entity that was a Title IV-A	72091
Head Start or Title IV-A Head Start Plus agency will not be an	72092
early learning agency or early learning provider, the entity shall	72093
repay the entire amount of the start-up grant it received in	72094
fiscal year 2004 and fiscal year 2005 not later than June 30,	72095
2009, in accordance with a payment schedule agreed to by the	72096
Department of Education.	72097

(B) If an entity that was a Title IV-A Head Start or Title	72098
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	72099
2005 will be an early learning agency or early learning provider	72100
in fiscal year 2008 and fiscal year 2009, the entity shall be	72101
allowed to retain any amount of the start-up grant it received.	72102

(C) Within ninety days after the effective date of this	72103
section, the Title IV-A Head Start agencies, Title IV-A Head Start	72104
Plus agencies, and the Department of Education shall determine the	72105
repayment schedule for amounts owed under division (A) of this	72106
section. These amounts shall be paid to the state not later than	72107
June 30, 2009.	72108

(D) If an entity that was a Title IV-A Head Start or Title	72109
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	72110
2005 owed the state any portion of the start-up grant amount	72111
during fiscal year 2006 or fiscal year 2007 but failed to repay	72112
the entire amount of the obligation by June 30, 2007, the entity	72113
shall be given an extension for repayment through June 30, 2009,	72114
before any amounts remaining due and payable to the state are	72115
referred to the Attorney General for collection under section	72116
131.02 of the Revised Code.	72117

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	72118
start-up grants that are retained by early learning agencies or	72119
early learning providers pursuant to this section shall be	72120
reimbursed to the General Revenue Fund when the early learning	72121
program ceases or is no longer funded from Title IV-A or if an	72122
early learning agency's or early learning provider's participation	72123
in the early learning program ceases or is terminated.	72124

Section 269.40.60. AUXILIARY SERVICES REIMBURSEMENT

72125

Notwithstanding section 3317.064 of the Revised Code, if the	72126
unobligated cash balance is sufficient, the Treasurer of State	72127
shall transfer $1,500,000 in fiscal year 2008 within thirty days	72128
after the effective date of this section, and $1,500,000 in fiscal	72129
year 2009 by August 1, 2008, from the Auxiliary Services Personnel	72130
Unemployment Compensation Fund to the Department of Education's	72131
Auxiliary Services Reimbursement Fund (Fund 598).	72132

Section 269.40.70. LOTTERY PROFITS EDUCATION FUND

72133

Appropriation item 200-612, Foundation Funding (Fund 017),	72134
shall be used in conjunction with appropriation item 200-550,	72135
Foundation Funding (GRF), to provide payments to school districts	72136
under Chapter 3317. of the Revised Code.	72137

The Department of Education, with the approval of the	72138
Director of Budget and Management, shall determine the monthly	72139
distribution schedules of appropriation item 200-550, Foundation	72140
Funding (GRF), and appropriation item 200-612, Foundation Funding	72141
(Fund 017). If adjustments to the monthly distribution schedule	72142
are necessary, the Department of Education shall make such	72143
adjustments with the approval of the Director of Budget and	72144
Management.	72145

The Director of Budget and Management shall transfer via	72146
intrastate transfer voucher the amount appropriated under the	72147
Lottery Profits Education Fund for appropriation item 200-682,	72148
Lease Rental Payment Reimbursement, to the General Revenue Fund on	72149
a schedule determined by the director. These funds shall support	72150
the appropriation item 230-428, Lease Rental Payments (GRF), of	72151
the School Facilities Commission.	72152

Section 269.40.80. LOTTERY PROFITS EDUCATION RESERVE FUND

72153

(A) There is hereby created the Lottery Profits Education	72154
Reserve Fund (Fund 018) in the State Treasury. Investment earnings	72155
of the Lottery Profits Education Reserve Fund shall be credited to	72156
the fund. The Superintendent of Public Instruction may certify	72157
cash balances exceeding $75,000,000 in the Lottery Profits	72158
Education Reserve Fund (Fund 018) to the Director of Budget and	72159
Management in June of any given fiscal year. Prior to making the	72160
certification, the Superintendent of Public Instruction shall	72161
determine whether the funds above the $75,000,000 threshold are	72162
needed to help pay for foundation program obligations for that	72163
fiscal year under Chapter 3317. of the Revised Code. If those	72164
funds are needed for the foundation program, the Superintendent of	72165
Public Instruction shall notify and consult with the Director of	72166
Budget and Management to determine the amount that may be	72167
transferred to the Public School Building Fund (Fund 021). Upon	72168
this determination, the Director of Budget and Management shall	72169
transfer the amount from the Lottery Profits Education Reserve	72170
Fund (Fund 018) to the Public School Building Fund (Fund 021). The	72171
amount transferred is hereby appropriated to appropriation item	72172
CAP-622, Public School Buildings.	72173

For fiscal years 2008 and 2009, notwithstanding any	72174
provisions of law to the contrary, amounts necessary to make loans	72175
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	72176
Revised Code are hereby appropriated to the Lottery Profits	72177
Education Reserve Fund (Fund 018). Loan repayments from loans made	72178
in previous years shall be deposited to the fund.	72179

(B) On July 15, 2007, or as soon as possible thereafter, the	72180
Director of the Ohio Lottery Commission shall certify to the	72181
Director of Budget and Management the amount by which lottery	72182
profit transfers received by the Lottery Profits Education Fund	72183
(Fund 017) exceeded $637,900,000 in fiscal year 2007. The	72184
Director of Budget and Management may transfer the amount so	72185
certified, plus the cash balance in Fund 017, to the Lottery	72186
Profits Education Reserve Fund (Fund 018).	72187

(C) On July 15, 2008, or as soon as possible thereafter, the	72188
Director of the Ohio Lottery Commission shall certify to the	72189
Director of Budget and Management the amount by which lottery	72190
profit transfers received by the Lottery Profits Education Fund	72191
(Fund 017) exceeded $657,900,000 in fiscal year 2008. The Director	72192
of Budget and Management may transfer the amount so certified,	72193
plus the cash balance in Fund 017, to the Lottery Profits	72194
Education Reserve Fund (Fund 018).	72195

(D) Any amounts transferred under division (B) or (C) of this	72196
section may be made available by the Controlling Board in fiscal	72197
years 2008 or 2009, at the request of the Superintendent of Public	72198
Instruction, to provide assistance and grants to school districts	72199
to enable them to remain solvent and to pay unforeseeable expenses	72200
of a temporary or emergency nature that they are unable to pay	72201
from existing resources under section 3316.20 of the Revised Code,	72202
and to provide payments to school districts under Chapter 3317. of	72203
the Revised Code.	72204

Section 269.40.90. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	72205
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 047)	72206

Notwithstanding any provision of law to the contrary, in	72207
fiscal year 2008 and fiscal year 2009 the Director of Budget and	72208
Management may make temporary transfers between the General	72209
Revenue Fund and the School District Property Tax Replacement –	72210
Business Fund (Fund 047) in the Department of Education to ensure	72211
sufficient balances in the School District Property Tax	72212
Replacement - Business Fund (Fund 047) and to replenish the	72213
General Revenue Fund for such transfers.	72214

Section 269.50.10. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	72215
BUSINESS	72216

The foregoing appropriation item, 200-909, School District	72217
Property Tax Replacement – Business, in Fund 047, shall be used by	72218
the Department of Education, in consultation with the Department	72219
of Taxation, to make payments to school districts and joint	72220
vocational school districts under section 5751.21 of the Revised	72221
Code. If it is determined by the Director of Budget and Management	72222
that additional appropriations are necessary for this purpose,	72223
such amounts are hereby appropriated.	72224

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

72225

The foregoing appropriation item 200-900, School District	72226
Property Tax Replacement-Utility, in Fund 053, shall be used by	72227
the Department of Education, in consultation with the Department	72228
of Taxation, to make payments to school districts and joint	72229
vocational school districts under section 5727.85 of the Revised	72230
Code.	72231

DISTRIBUTION FORMULAS

72232

The Department of Education shall report the following to the	72233
Director of Budget and Management and the Legislative Service	72234
Commission:	72235

(A) Changes in formulas for distributing state	72236
appropriations, including administratively defined formula	72237
factors;	72238

(B) Discretionary changes in formulas for distributing	72239
federal appropriations;	72240

(C) Federally mandated changes in formulas for distributing	72241
federal appropriations.	72242

Any such changes shall be reported two weeks prior to the	72243
effective date of the change.	72244

Section 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING

72245

(A) As used in this section:

72246

(1) "Internet- or computer-based community school" has the	72247
same meaning as in section 3314.02 of the Revised Code.	72248

(2) "Service center ADM" has the same meaning as in section	72249
3317.11 of the Revised Code.	72250

(B) Notwithstanding division (F) of section 3317.11 of the	72251
Revised Code, no funds shall be provided under that division to an	72252
educational service center in either fiscal year for any pupils of	72253
a city or exempted village school district unless an agreement to	72254
provide services under section 3313.843 of the Revised Code was	72255
entered into by January 1, 1997, except that funds shall be	72256
provided to an educational service center for any pupils of a city	72257
school district if the agreement to provide services was entered	72258
into within one year of the date upon which such district changed	72259
from a local school district to a city school district.	72260

(C) Notwithstanding any provision of the Revised Code to the	72261
contrary, an educational service center that sponsors a community	72262
school under Chapter 3314. of the Revised Code in either fiscal	72263
year may include the students of that community school in its	72264
service center ADM for purposes of state funding under division	72265
(F) of section 3317.11 of the Revised Code, unless the community	72266
school is an Internet- or computer-based community school. A	72267
service center shall include the community school students in its	72268
service center ADM only to the extent that the students are not	72269
already so included, and only in accordance with guidelines issued	72270
by the Department of Education. If the students of a community	72271
school sponsored by an educational service center are included in	72272
the service center ADM of another educational service center,	72273
those students shall be removed from the service center ADM of the	72274
other educational service center and added to the service center	72275
ADM of the community school's sponsoring service center. The	72276
General Assembly authorizes this procedure as an incentive for	72277
educational service centers to take over sponsorship of community	72278
schools from the State Board of Education as the State Board's	72279
sponsorship is phased out in accordance with Sub. H.B. 364 of the	72280
124th General Assembly. No student of an Internet- or	72281
computer-based community school shall be counted in the service	72282
center ADM of any educational service center. The Department shall	72283
pay educational service centers under division (F) of section	72284
3317.11 of the Revised Code for community school students included	72285
in their service center ADMs under this division only if	72286
sufficient funds earmarked within appropriation item 200-550,	72287
Foundation Funding, for payments under that division remain after	72288
first paying for students attributable to their local and client	72289
school districts, in accordance with divisions (B) and (D) of this	72290
section.	72291

(D) If insufficient funds are earmarked within appropriation	72292
item 200-550, Foundation Funding, for payments under division (F)	72293
of section 3317.11 of the Revised Code and division (C) of this	72294
section in fiscal year 2008 or fiscal year 2009, the Department	72295
shall prioritize the distribution of the earmarked funds as	72296
follows:	72297

(1) The Department shall first distribute to each educational	72298
service center the per-student amount specified in division (F) of	72299
section 3317.11 of the Revised Code for each student in its	72300
service center ADM attributable to the local school districts	72301
within the service center's territory.	72302

(2) The Department shall distribute the remaining funds in	72303
each fiscal year to each educational service center for the	72304
students in its service center ADM attributable to each city and	72305
exempted village school district that had entered into an	72306
agreement with an educational service center for that fiscal year	72307
under section 3313.843 of the Revised Code by January 1, 1997, up	72308
to the per-student amount specified in division (F) of section	72309
3317.11 of the Revised Code. If insufficient funds remain to pay	72310
each service center the full amount specified in division (F) of	72311
that section for each such student, the Department shall	72312
distribute the remaining funds to each service center	72313
proportionally, on a per-student basis for each such student,	72314
unless that proportional per-student amount exceeds the amount	72315
specified in division (F)(1) of that section. In that case, the	72316
Department shall distribute the per-student amount specified in	72317
division (F)(1) of that section to each service center for each	72318
such student and shall distribute the remainder proportionally, on	72319
a per-student basis for each such student, to the multi-county	72320
service centers described in division (F)(2) of that section.	72321

(3) If the Department has paid each service center under	72322
divisions (D)(1) and (2) of this section, the full amount	72323
specified in division (F) of section 3317.11 of the Revised Code	72324
for each student attributable to its local school districts and	72325
its client school districts described in division (D)(2) of this	72326
section the Department shall distribute any remaining funds	72327
proportionally, on a per-student basis, to each service center	72328
that sponsors a community school, other than an Internet- or	72329
computer-based community school, for the students included in the	72330
service center ADM under division (C) of this section. These	72331
payments shall not exceed per student the amount specified in	72332
division (F) of section 3317.11 of the Revised Code.	72333

* Section 269.50.40. For the school year commencing July 1,	72334
2007, or the school year commencing July 1, 2008, or both, the	72335
Superintendent of Public Instruction may waive for the board of	72336
education of any school district the ratio of teachers to pupils	72337
in kindergarten through fourth grade required under paragraph	72338
(A)(3) of rule 3301-35-05 of the Administrative Code if the	72339
following conditions apply:	72340

(A) The board of education requests the waiver.

72341

(B) After the Department of Education conducts an on-site	72342
evaluation of the district related to meeting the required ratio,	72343
the board of education demonstrates to the satisfaction of the	72344
Superintendent of Public Instruction that providing the facilities	72345
necessary to meet the required ratio during the district's regular	72346
school hours with pupils in attendance would impose an extreme	72347
hardship on the district.	72348

(C) The board of education provides assurances that are	72349
satisfactory to the Superintendent of Public Instruction that the	72350
board will act in good faith to meet the required ratio as soon as	72351
possible.	72352

Section 269.50.50. PRIVATE TREATMENT FACILITY PROJECT

72353

(A) As used in this section:

72354

(1) The following are "participating residential treatment	72355
centers":	72356

(a) Private residential treatment facilities that have	72357
entered into a contract with the Department of Youth Services to	72358
provide services to children placed at the facility by the	72359
Department and which, in fiscal year 2008 or fiscal year 2009 or	72360
both, the Department pays through appropriation item 470-401, Care	72361
and Custody;	72362

(b) Abraxas, in Shelby;

72363

72364

(d) Act One, in Akron;

72365

(e) Friars Club, in Cincinnati.

72366

(2) "Education program" means an elementary or secondary	72367
education program or a special education program and related	72368
services.	72369

(3) "Served child" means any child receiving an education	72370
program pursuant to division (B) of this section.	72371

(4) "School district responsible for tuition" means a city,	72372
exempted village, or local school district that, if tuition	72373
payment for a child by a school district is required under law	72374
that existed in fiscal year 1998, is the school district required	72375
to pay that tuition.	72376

(5) "Residential child" means a child who resides in a	72377
participating residential treatment center and who is receiving an	72378
educational program under division (B) of this section.	72379

(B) A youth who is a resident of the state and has been	72380
assigned by a juvenile court or other authorized agency to a	72381
residential treatment facility specified in division (A) of this	72382
section shall be enrolled in an approved educational program	72383
located in or near the facility. Approval of the educational	72384
program shall be contingent upon compliance with the criteria	72385
established for such programs by the Department of Education. The	72386
educational program shall be provided by a school district or	72387
educational service center, or by the residential facility itself.	72388
Maximum flexibility shall be given to the residential treatment	72389
facility to determine the provider. In the event that a voluntary	72390
agreement cannot be reached and the residential facility does not	72391
choose to provide the educational program, the educational service	72392
center in the county in which the facility is located shall	72393
provide the educational program at the treatment center to	72394
children under twenty-two years of age residing in the treatment	72395
center.	72396

(C) Any school district responsible for tuition for a	72397
residential child shall, notwithstanding any conflicting provision	72398
of the Revised Code regarding tuition payment, pay tuition for the	72399
child for fiscal year 2008 and fiscal year 2009 to the education	72400
program provider and in the amount specified in this division. If	72401
there is no school district responsible for tuition for a	72402
residential child and if the participating residential treatment	72403
center to which the child is assigned is located in the city,	72404
exempted village, or local school district that, if the child were	72405
not a resident of that treatment center, would be the school	72406
district where the child is entitled to attend school under	72407
sections 3313.64 and 3313.65 of the Revised Code, that school	72408
district, notwithstanding any conflicting provision of the Revised	72409
Code, shall pay tuition for the child for fiscal year 2008 and	72410
fiscal year 2009 under this division unless that school district	72411
is providing the educational program to the child under division	72412
(B) of this section.	72413

A tuition payment under this division shall be made to the	72414
school district, educational service center, or residential	72415
treatment facility providing the educational program to the child.	72416

The amount of tuition paid shall be:

72417

(1) The amount of tuition determined for the district under	72418
division (A) of section 3317.08 of the Revised Code;	72419

(2) In addition, for any student receiving special education	72420
pursuant to an individualized education program as defined in	72421
section 3323.01 of the Revised Code, a payment for excess costs.	72422
This payment shall equal the actual cost to the school district,	72423
educational service center, or residential treatment facility of	72424
providing special education and related services to the student	72425
pursuant to the student's individualized education program, minus	72426
the tuition paid for the child under division (C)(1) of this	72427
section.	72428

A school district paying tuition under this division shall	72429
not include the child for whom tuition is paid in the district's	72430
average daily membership certified under division (A) of section	72431
3317.03 of the Revised Code.	72432

(D) In each of fiscal years 2008 and 2009, the Department of	72433
Education shall reimburse, from appropriations made for the	72434
purpose, a school district, educational service center, or	72435
residential treatment facility, whichever is providing the	72436
service, that has demonstrated that it is in compliance with the	72437
funding criteria for each served child for whom a school district	72438
must pay tuition under division (C) of this section. The amount of	72439
the reimbursement shall be the formula amount specified in section	72440
3317.022 of the Revised Code, except that the department shall	72441
proportionately reduce this reimbursement if sufficient funds are	72442
not available to pay this amount to all qualified providers.	72443

(E) Funds provided to a school district, educational service	72444
center, or residential treatment facility under this section shall	72445
be used to supplement, not supplant, funds from other public	72446
sources for which the school district, service center, or	72447
residential treatment facility is entitled or eligible.	72448

(F) The Department of Education shall track the utilization	72449
of funds provided to school districts, educational service	72450
centers, and residential treatment facilities under this section	72451
and monitor the effect of the funding on the educational programs	72452
they provide in participating residential treatment facilities.	72453
The department shall monitor the programs for educational	72454
accountability.	72455

Section 269.50.60. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	72456
ASSESSMENT OF EDUCATION PROGRESS	72457

The General Assembly intends for the Superintendent of Public	72458
Instruction to provide for school district participation in the	72459
administration of the National Assessment of Education Progress in	72460
accordance with section 3301.27 of the Revised Code. Each school	72461
and school district selected for participation by the	72462
Superintendent of Public Instruction shall participate.	72463

Section 269.50.70. DEPARTMENT OF EDUCATION APPROPRIATION	72464
TRANSFERS FOR STUDENT ASSESSMENT	72465

In fiscal year 2008 and fiscal year 2009, if the	72466
Superintendent of Public Instruction determines that additional	72467
funds are needed to fully fund the requirements of Am. Sub. H.B. 3	72468
of the 125th General Assembly and this act for assessments of	72469
student performance, the Superintendent of Public Instruction may	72470
recommend the reallocation of unspent and unencumbered	72471
appropriations within the Department of Education to the General	72472
Revenue Fund appropriation item 200-437, Student Assessment, to	72473
the Director of Budget and Management. If the Director of Budget	72474
and Management determines that such a reallocation is required,	72475
the Director of Budget and Management may transfer unspent and	72476
unencumbered funds within the Department of Education as necessary	72477
to appropriation item 200-437, Student Assessment. If these	72478
unspent and unencumbered funds are not sufficient to fully fund	72479
the assessment requirements in fiscal year 2008 or fiscal year	72480
2009, the Superintendent of Public Instruction may request that	72481
the Controlling Board transfer up to $9,000,000 cash from the	72482
Lottery Profits Education Reserve Fund (Fund 018) to the General	72483
Revenue Fund and appropriate these transferred funds to	72484
appropriation item 200-437, Student Assessment.	72485

Section 269.50.80. (A) As used in this section:

72486

(1) "IEP" has the same meaning as in section 3323.01 of the	72487
Revised Code.	72488

(2) "SBH student" means a student receiving special education	72489
and related services for severe behavior disabilities pursuant to	72490
an IEP.	72491

(B) This section applies only to a community school	72492
established under Chapter 3314. of the Revised Code that in each	72493
of fiscal years 2008 and 2009 enrolls a number of SBH students	72494
equal to at least fifty per cent of the total number of students	72495
enrolled in the school in the applicable fiscal year.	72496

(C) In addition to any payments made under section 3314.08 of	72497
the Revised Code, in each of fiscal years 2008 and 2009, the	72498
Department of Education shall pay to a community school to which	72499
this section applies a subsidy equal to the difference between the	72500
aggregate amount calculated and paid in that fiscal year to the	72501
community school for special education and related services	72502
additional weighted costs for the SBH students enrolled in the	72503
school and the aggregate amount that would have been calculated	72504
for the school for special education and related services	72505
additional weighted costs for those same students in fiscal year	72506
2001. If the difference is a negative number, the amount of the	72507
subsidy shall be zero.	72508

(D) The amount of any subsidy paid to a community school	72509
under this section shall not be deducted from the school district	72510
in which any of the students enrolled in the community school are	72511
entitled to attend school under section 3313.64 or 3313.65 of the	72512
Revised Code. The amount of any subsidy paid to a community school	72513
under this section shall be paid from funds appropriated to the	72514
Department of Education in appropriation item 200-550, Foundation	72515
Funding.	72516

Section 269.50.90. EARMARK ACCOUNTABILITY

72517

At the request of the Superintendent of Public Instruction,	72518
any entity that receives a budget earmark under the Department of	72519
Education shall submit annually to the chairpersons of the	72520
committees of the House of Representatives and the Senate	72521
primarily concerned with education and to the Department of	72522
Education a report that includes a description of the services	72523
supported by the funds, a description of the results achieved by	72524
those services, an analysis of the effectiveness of the program,	72525
and an opinion as to the program's applicability to other school	72526
districts. For an earmarked entity that received state funds from	72527
an earmark in the prior fiscal year, no funds shall be provided by	72528
the Department of Education to an earmarked entity for a fiscal	72529
year until its report for the prior fiscal year has been	72530
submitted.	72531

Section 269.60.10. No community school established under	72532
Chapter 3314. of the Revised Code that was not open for operation	72533
as of May 1, 2005, shall operate from a home, as defined in	72534
section 3313.64 of the Revised Code.	72535

Section 269.60.15. (A) As used in this section:

72536

(1) "Big eight school district" has the same meaning as in	72537
section 3314.02 of the Revised Code.	72538

(2) "Early college high school" means a high school that	72539
provides students with a personalized learning plan based on an	72540
accelerated curriculum combining high school and college-level	72541
coursework.	72542

(B) Any early college high school that is operated by a big	72543
eight school district in partnership with a private university may	72544
operate as a new start-up community school under Chapter 3314. of	72545
the Revised Code beginning in the 2007-2008 school year, if all of	72546
the following conditions are met:	72547

(1) The governing authority and sponsor of the school enter	72548
into a contract in accordance with section 3314.03 of the Revised	72549
Code and, notwithstanding division (D) of section 3314.02 of the	72550
Revised Code, both parties adopt and sign the contract by July 9,	72551
2007.	72552

(2) Notwithstanding division (A) of section 3314.016 of the	72553
Revised Code, the school's governing authority enters into a	72554
contract with the private university under which the university	72555
will be the school's operator.	72556

(3) The school provides the same educational program the	72557
school provided while part of the big eight school district.	72558

Section 269.60.30. PLAN TO MOVE ADULT EDUCATION PROGRAMS TO	72559
BOARD OF REGENTS	72560

The Board of Regents shall work collaboratively with the	72561
Department of Education to identify adult career-technical	72562
education programs that shall be transferred to the Board of	72563
Regents. The Chancellor of the Board of Regents shall work in	72564
consultation with the Department and the various identified	72565
programs to develop a plan by July 1, 2008, for the transfer that	72566
benefits adult learners by preserving points of access, increasing	72567
opportunities, maintaining affordability, and creating a system of	72568
uniform quality with the ability to earn credit. The transfer	72569
shall be completed by January 1, 2009. The purpose of this	72570
programmatic transfer is to better align and maximize the strength	72571
and flexibility of the full array of Ohio adult workforce	72572
education assets to improve the overall quality of adult education	72573
and training program course and training offerings in order to	72574
increase the skills and improve the employment prospects of	72575
adults.	72576

On or after January 1, 2009, notwithstanding any provision of	72577
law to the contrary, the Director of Budget and Management may	72578
take the actions described in this section made necessary by the	72579
movement of adult career-technical education programs from the	72580
Department of Education to the Board of Regents. These actions may	72581
include budget changes made necessary by administrative	72582
reorganization, program transfers, the creation of new funds, the	72583
creation of new appropriation items, and the consolidation of	72584
funds. The Director may transfer cash balances between funds as	72585
needed. At the request of the Director, the Superintendent of	72586
Public Instruction shall certify to the Director an estimate of	72587
the amount of the cash balance to be transferred to the receiving	72588
fund. The Director may transfer the estimated amount to the Board	72589
of Regents when needed to make payments. Not more than thirty days	72590
after certifying the estimated amount, the Superintendent of	72591
Public Instruction shall certify the final amount to the Director.	72592
The Director then shall transfer the difference between any amount	72593
previously transferred and the certified final amount. The	72594
Director may cancel encumbrances and re-establish encumbrances or	72595
parts of encumbrances as needed in the appropriate fund and	72596
appropriation item for the same purpose and to the same vendor.	72597
The funds necessary to re-establish those encumbrances in a	72598
different fund or appropriation item within or between the Board	72599
of Regents and the Department of Education are hereby	72600
appropriated. The Director shall reduce each year's appropriation	72601
balances by the amount of the encumbrances canceled in their	72602
respective funds and appropriation items. Any fiscal year 2008	72603
unencumbered or unallocated appropriation balances may be	72604
transferred to the appropriate item to be used for the same	72605
purposes, as determined by the Director.	72606

Section 269.60.33. The State Board of Education shall	72607
initiate rulemaking procedures for the rules for the Special	72608
Education Scholarship Pilot Program, required under section	72609
3310.63 of the Revised Code, as enacted by this act, so that those	72610
rules are in effect by January 31, 2008.	72611

Section 269.60.36. The Department of Education shall conduct	72612
a formative evaluation of the Special Education Scholarship Pilot	72613
Program established under sections 3310.51 to 3310.63 of the	72614
Revised Code, using both quantitative and qualitative analyses,	72615
and shall report its findings to the General Assembly not later	72616
than December 31, 2010. In conducting the evaluation, the	72617
Department shall to the extent possible gather comments from	72618
parents who have been awarded scholarships under the program,	72619
school district officials, representatives of registered private	72620
providers, educators, and representatives of educational	72621
organizations for inclusion in the report required under this	72622
section.	72623

Section 269.60.60. UNAUDITABLE COMMUNITY SCHOOL

72624

(A) If the Auditor of State or a public accountant, pursuant	72625
to section 117.41 of the Revised Code, declares a community school	72626
established under Chapter 3314. of the Revised Code to be	72627
unauditable, the Auditor of State shall provide written	72628
notification of that declaration to the school, the school's	72629
sponsor, and the Department of Education. The Auditor of State	72630
also shall post the notification on the Auditor of State's web	72631
site.	72632

(B) Notwithstanding any provision to the contrary in Chapter	72633
3314. of the Revised Code or any other provision of law, a sponsor	72634
of a community school that is notified by the Auditor of State	72635
under division (A) of this section that a community school it	72636
sponsors is unauditable shall not enter into contracts with any	72637
additional community schools under section 3314.03 of the Revised	72638
Code until the Auditor of State or a public accountant has	72639
completed a financial audit of that school.	72640

(C) Not later than forty-five days after receiving	72641
notification by the Auditor of State under division (A) of this	72642
section that a community school is unauditable, the sponsor of the	72643
school shall provide a written response to the Auditor of State.	72644
The response shall include the following:	72645

(1) An overview of the process the sponsor will use to review	72646
and understand the circumstances that led to the community school	72647
becoming unauditable;	72648

(2) A plan for providing the Auditor of State with the	72649
documentation necessary to complete an audit of the community	72650
school and for ensuring that all financial documents are available	72651
in the future;	72652

(3) The actions the sponsor will take to ensure that the plan	72653
described in division (C)(2) of this section is implemented.	72654

(D) If a community school fails to make reasonable efforts	72655
and continuing progress to bring its accounts, records, files, or	72656
reports into an auditable condition within ninety days after being	72657
declared unauditable, the Auditor of State, in addition to	72658
requesting legal action under sections 117.41 and 117.42 of the	72659
Revised Code, shall notify the Department of the school's failure.	72660
If the Auditor of State or a public accountant subsequently is	72661
able to complete a financial audit of the school, the Auditor of	72662
State shall notify the Department that the audit has been	72663
completed.	72664

(E) Notwithstanding any provision to the contrary in Chapter	72665
3314. of the Revised Code or any other provision of law, upon	72666
notification by the Auditor of State under division (D) of this	72667
section that a community school has failed to make reasonable	72668
efforts and continuing progress to bring its accounts, records,	72669
files, or reports into an auditable condition following a	72670
declaration that the school is unauditable, the Department shall	72671
immediately cease all payments to the school under Chapter 3314.	72672
of the Revised Code and any other provision of law. Upon	72673
subsequent notification from the Auditor of State under that	72674
division that the Auditor of State or a public accountant was able	72675
to complete a financial audit of the community school, the	72676
Department shall release all funds withheld from the school under	72677
this section.	72678

Section 269.60.70. Notwithstanding division (B) of section	72679
3317.01 of the Revised Code, no joint vocational school district	72680
shall be denied state payments for fiscal year 2008 because the	72681
school district's career center was open for instruction during	72682
fiscal year 2007 for fewer days than required by sections 3313.48,	72683
3313.481, and 3317.01 of the Revised Code, if the number of days	72684
the career center was closed in the 2006-2007 school year in	72685
excess of the number of days it is permitted to be closed for a	72686
public calamity under division (B) of section 3317.01 of the	72687
Revised Code does not exceed the number of days in May 2007 in	72688
which the district closed the career center due to fire damage and	72689
cancelled instruction to prepare alternate facilities for	72690
instruction.	72691

Section 269.60.80. Not later than October 31, 2007, each	72692
school district, community school established under Chapter 3314.	72693
of the Revised Code, and chartered nonpublic school shall report	72694
to the Department of Education, in a manner prescribed by the	72695
Department, the number of minutes per week and the number of	72696
classes per week of physical education provided to students in	72697
each of grades kindergarten through eight in the 2006-2007 school	72698
year and scheduled to be provided to students in each of those	72699
grades in the 2007-2008 school year.	72700

Section 269.60.90. If a school district erroneously reported	72701
data to the Education Management Information System established	72702
under section 3301.0714 of the Revised Code that showed a zero per	72703
cent graduation rate for the 2005-2006 school year for the	72704
district or any building in the district and the district notified	72705
the Department of Education of the error not later than June 30,	72706
2007, the Department shall allow the district to report a	72707
corrected graduation rate for that school year and shall include	72708
the corrected graduation rate on the August 2007 report card	72709
issued for the district and any affected building under section	72710
3302.03 of the Revised Code.	72711

Section 269.70.10. (A) Notwithstanding section 3313.41 of the	72712
Revised Code, a school district board of education may sell real	72713
property that it owns in its corporate capacity directly to a	72714
community action agency that operates an early childhood education	72715
program within the territory of the school district, in lieu of	72716
offering the property for sale at public auction as provided in	72717
division (A) of that section, in lieu of offering the property for	72718
sale to an entity listed in division (C) of that section, or in	72719
lieu of offering the property for sale to a community school as	72720
provided in division (G) of that section, as long as all of the	72721
following conditions are satisfied:	72722

(1) The district is a "local" school district as described in	72723
section 3311.03 of the Revised Code.	72724

(2) The district is a countywide school district in that the	72725
district comprises most of the territory of one county and most of	72726
the district's territory lies in one county.	72727

(3) The district is abandoning the property because it is	72728
acquiring new facilities through one or more state-assisted	72729
classroom facilities programs under Chapter 3318. of the Revised	72730
Code.	72731

(4) The property is suitable for use by the community action	72732
agency for its early childhood education program and for other	72733
operations of the agency.	72734

(5) The sale is completed on or before February 29, 2008.

72735

(B) As used in this section, "community action agency" has	72736
the same meaning as in section 122.66 of the Revised Code.	72737

Section 271.10. ELC OHIO ELECTIONS COMMISSION

72738

General Revenue Fund	72739

GRF	051-321		Operating Expenses		$	411,623		$	423,975		72740
TOTAL GRF General Revenue Fund					$	411,623		$	423,975		72741

General Services Fund Group	72742

4P2	051-601	Ohio Elections					72743
		Commission Fund	$	255,000	$	255,000	72744
TOTAL GSF General Services Fund Group			$	255,000	$	255,000	72745
TOTAL ALL BUDGET FUND GROUPS			$	666,623	$	678,975	72746

Section 273.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	72748
DIRECTORS	72749

General Services Fund Group	72750

4K9	881-609	Operating Expenses	$	628,641	$	646,602	72751
TOTAL GSF General Services							72752
Fund Group			$	628,641	$	646,602	72753
TOTAL ALL BUDGET FUND GROUPS			$	628,641	$	646,602	72754

Section 275.10. PAY EMPLOYEE BENEFITS FUNDS

72756

Accrued Leave Liability Fund Group	72757

806	995-666	Accrued Leave Fund	$	69,584,560	$	76,038,787	72758
807	995-667	Disability Fund	$	40,104,713	$	39,309,838	72759
TOTAL ALF Accrued Leave Liability							72760
Fund Group			$	109,689,273	$	115,348,625	72761

Agency Fund Group	72762

124	995-673	Payroll Deductions	$	2,125,000,000	$	2,175,000,000	72763
808	995-668	State Employee Health Benefit Fund	$	499,240,000	$	550,922,742	72764
809	995-669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	72765
810	995-670	Life Insurance Investment Fund	$	2,113,589	$	2,229,834	72766
811	995-671	Parental Leave Benefit Fund	$	3,994,806	$	4,234,495	72767
813	995-672	Health Care Spending Account	$	12,000,000	$	12,000,000	72768
TOTAL AGY Agency Fund Group			$	2,645,318,030	$	2,747,356,706	72769

TOTAL ALL BUDGET FUND GROUPS

2,755,007,303

2,862,705,331

72770

ACCRUED LEAVE LIABILITY FUND

72771

The foregoing appropriation item 995-666, Accrued Leave Fund,	72772
shall be used to make payments from the Accrued Leave Liability	72773
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	72774
If it is determined by the Director of Budget and Management that	72775
additional amounts are necessary, the amounts are appropriated.	72776

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

72777

The foregoing appropriation item 995-667, Disability Fund,	72778
shall be used to make payments from the State Employee Disability	72779
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	72780
Revised Code. If it is determined by the Director of Budget and	72781
Management that additional amounts are necessary, the amounts are	72782
appropriated.	72783

PAYROLL WITHHOLDING FUND

72784

The foregoing appropriation item 995-673, Payroll Deductions,	72785
shall be used to make payments from the Payroll Withholding Fund	72786
(Fund 124). If it is determined by the Director of Budget and	72787
Management that additional appropriation amounts are necessary,	72788
such amounts are hereby appropriated.	72789

STATE EMPLOYEE HEALTH BENEFIT FUND

72790

The foregoing appropriation item 995-668, State Employee	72791
Health Benefit Fund, shall be used to make payments from the State	72792
Employee Health Benefit Fund (Fund 808), pursuant to section	72793
124.87 of the Revised Code. If it is determined by the Director of	72794
Budget and Management that additional amounts are necessary, the	72795
amounts are appropriated.	72796

DEPENDENT CARE SPENDING ACCOUNT

72797

The foregoing appropriation item 995-669, Dependent Care	72798
Spending Account, shall be used to make payments from the	72799
Dependent Care Spending Account (Fund 809) to employees eligible	72800
for dependent care expenses. If it is determined by the Director	72801
of Budget and Management that additional amounts are necessary,	72802
the amounts are appropriated.	72803

LIFE INSURANCE INVESTMENT FUND

72804

The foregoing appropriation item 995-670, Life Insurance	72805
Investment Fund, shall be used to make payments from the Life	72806
Insurance Investment Fund (Fund 810) for the costs and expenses of	72807
the state's life insurance benefit program pursuant to section	72808
125.212 of the Revised Code. If it is determined by the Director	72809
of Budget and Management that additional amounts are necessary,	72810
the amounts are appropriated.	72811

PARENTAL LEAVE BENEFIT FUND

72812

The foregoing appropriation item 995-671, Parental Leave	72813
Benefit Fund, shall be used to make payments from the Parental	72814
Leave Benefit Fund (Fund 811) to employees eligible for parental	72815
leave benefits pursuant to section 124.137 of the Revised Code. If	72816
it is determined by the Director of Budget and Management that	72817
additional amounts are necessary, the amounts are appropriated.	72818

HEALTH CARE SPENDING ACCOUNT

72819

There is hereby established in the State Treasury the Health	72820
Care Spending Account Fund (Fund 813). The foregoing appropriation	72821
item 995-672, Health Care Spending Account, shall be used to make	72822
payments from the fund. The fund shall be under the supervision of	72823
the Department of Administrative Services and shall be used to	72824
make payments pursuant to state employees' participation in a	72825
flexible spending account for non-reimbursed health care expenses	72826
and pursuant to Section 125 of the Internal Revenue Code. All	72827
income derived from the investment of the fund shall accrue to the	72828
fund. If it is determined by the Director of Administrative	72829
Services that additional appropriation amounts are necessary, the	72830
Director of Administrative Services may request that the Director	72831
of Budget and Management increase such amounts. Such amounts are	72832
hereby appropriated.	72833

At the request of the Director of Administrative Services,	72834
the Director of Budget and Management shall transfer up to	72835
$145,000 from the General Revenue Fund to the Health Care Spending	72836
Account Fund during fiscal years 2008 and 2009. This cash shall be	72837
transferred as needed to provide adequate cash flow for the Health	72838
Care Spending Account Fund during fiscal year 2008 and fiscal year	72839
2009. If funds are available at the end of fiscal years 2008 and	72840
2009, the Director of Budget and Management shall transfer cash up	72841
to the amount previously transferred in the respective year, plus	72842
interest income, back from the Health Care Spending Account (Fund	72843
813) to the General Revenue Fund.	72844

Section 277.10. ERB STATE EMPLOYMENT RELATIONS BOARD

72845

General Revenue Fund	72846

GRF	125-321		Operating Expenses		$	3,218,803		$	3,355,602		72847
TOTAL GRF General Revenue Fund					$	3,218,803		$	3,355,602		72848

General Services Fund Group	72849

572	125-603	Training and Publications	$	75,541	$	75,541	72850
TOTAL GSF General Services							72851
Fund Group			$	75,541	$	75,541	72852
TOTAL ALL BUDGET FUND GROUPS			$	3,294,344	$	3,431,143	72853

Section 279.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

72855

General Services Fund Group	72856

4K9	892-609	Operating Expenses	$	1,058,881	$	1,058,881	72857
TOTAL GSF General Services							72858
Fund Group			$	1,058,881	$	1,058,881	72859
TOTAL ALL BUDGET FUND GROUPS			$	1,058,881	$	1,058,881	72860

Section 281.10. EPA ENVIRONMENTAL PROTECTION AGENCY

72862

General Services Fund Group	72863

199	715-602	Laboratory Services	$	1,158,574	$	1,173,574	72864
219	715-604	Central Support Indirect	$	16,474,276	$	17,000,962	72865
4A1	715-640	Operating Expenses	$	3,369,731	$	3,369,731	72866
TOTAL GSF General Services							72867
Fund Group			$	21,002,581	$	21,544,267	72868

Federal Special Revenue Fund Group	72869

3BU	715-684	Water Quality Protection	$	6,515,000	$	6,310,000	72870
3F2	715-630	Revolving Loan Fund - Operating	$	563,536	$	775,600	72871
3F3	715-632	Federally Supported Cleanup and Response	$	2,550,000	$	2,550,000	72872
3F5	715-641	Nonpoint Source Pollution Management	$	7,550,000	$	7,595,000	72873
3K4	715-634	DOD Monitoring and Oversight	$	858,250	$	898,825	72874
3N4	715-657	DOE Monitoring and Oversight	$	1,071,678	$	1,110,270	72875
3T3	715-669	Drinking Water SRF	$	2,843,923	$	2,977,998	72876
3V7	715-606	Agencywide Grants	$	500,000	$	500,000	72877
353	715-612	Public Water Supply	$	3,388,619	$	3,388,618	72878
354	715-614	Hazardous Waste Management - Federal	$	4,203,891	$	4,203,891	72879
357	715-619	Air Pollution Control - Federal	$	6,823,949	$	6,823,950	72880
362	715-605	Underground Injection Control - Federal	$	111,874	$	111,874	72881
TOTAL FED Federal Special Revenue							72882
Fund Group			$	36,980,720	$	37,246,026	72883

State Special Revenue Fund Group	72884

4J0	715-638	Underground Injection Control	$	458,418	$	458,418	72885
4K2	715-648	Clean Air - Non Title V	$	3,690,821	$	4,066,558	72886
4K3	715-649	Solid Waste	$	13,932,845	$	14,282,845	72887
4K4	715-650	Surface Water Protection	$	12,685,000	$	13,815,000	72888
4K5	715-651	Drinking Water Protection	$	8,169,553	$	8,867,732	72889
4P5	715-654	Cozart Landfill	$	149,728	$	149,728	72890
4R5	715-656	Scrap Tire Management	$	6,000,000	$	6,000,000	72891
4R9	715-658	Voluntary Action Program	$	1,032,098	$	1,032,098	72892
4T3	715-659	Clean Air - Title V Permit Program	$	18,924,098	$	18,833,584	72893
4U7	715-660	Construction & Demolition Debris	$	881,561	$	881,561	72894
5BC	715-617	Clean Ohio	$	741,646	$	741,646	72895
5BC	715-622	Local Air Pollution Control	$	1,026,369	$	1,026,369	72896
5BC	715-624	Surface Water	$	8,797,413	$	8,797,413	72897
5BC	715-667	Groundwater	$	1,093,741	$	1,093,741	72898
5BC	715-672	Air Pollution Control	$	5,199,290	$	5,199,290	72899
5BC	715-673	Drinking Water	$	2,550,250	$	2,550,250	72900
5BC	715-675	Hazardous Waste	$	100,847	$	100,847	72901
5BC	715-676	Assistance and Prevention	$	700,302	$	700,302	72902
5BC	715-677	Laboratory	$	1,216,333	$	1,216,333	72903
5BC	715-678	Corrective Actions	$	1,179,775	$	1,179,775	72904
5BT	715-679	C&DD Groundwater Monitoring	$	571,560	$	693,267	72905
5BY	715-681	Auto Emissions Test	$	14,817,105	$	15,057,814	72906
5CD	715-682	Clean Diesel School Buses	$	600,000	$	600,000	72907
5DW	715-683	Automotive Mercury Switch Program	$	60,000	$	60,000	72908
5H4	715-664	Groundwater Support	$	2,503,933	$	2,715,340	72909
5N2	715-613	Dredge and Fill	$	30,000	$	30,000	72910
500	715-608	Immediate Removal Special Account	$	557,257	$	573,903	72911
503	715-621	Hazardous Waste Facility Management	$	11,711,473	$	12,200,240	72912
505	715-623	Hazardous Waste Cleanup	$	13,333,179	$	14,147,498	72913
505	715-674	Clean Ohio Environmental Review	$	109,725	$	109,725	72914
541	715-670	Site Specific Cleanup	$	34,650	$	34,650	72915
542	715-671	Risk Management Reporting	$	146,188	$	146,188	72916
592	715-627	Anti Tampering Settlement	$	9,707	$	9,707	72917
6A1	715-645	Environmental Education	$	1,500,000	$	1,500,000	72918
602	715-626	Motor Vehicle Inspection and Maintenance	$	157,697	$	128,876	72919
644	715-631	ER Radiological Safety	$	286,114	$	286,114	72920
660	715-629	Infectious Waste Management	$	100,000	$	100,000	72921
676	715-642	Water Pollution Control Loan Administration	$	4,964,625	$	4,964,625	72922
678	715-635	Air Toxic Release	$	210,622	$	210,622	72923
679	715-636	Emergency Planning	$	2,628,647	$	2,628,647	72924
696	715-643	Air Pollution Control Administration	$	750,000	$	750,000	72925
699	715-644	Water Pollution Control Administration	$	750,000	$	750,000	72926
TOTAL SSR State Special Revenue Fund Group			$	144,362,570	$	148,690,706	72927

Clean Ohio Conservation Fund Group	72928

5S1	715-607	Clean Ohio - Operating	$	208,174	$	208,174	72929
TOTAL CLF Clean Ohio Conservation Fund Group			$	208,174	$	208,174	72930
TOTAL ALL BUDGET FUND GROUPS			$	202,554,045	$	207,689,173	72931

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

72932

On July 1, 2007, or as soon as possible thereafter, if the	72933
Governor issues an executive order under division (A) of section	72934
3704.14 of the Revised Code, the Director of Budget and Management	72935
shall transfer $14,817,105 for use in fiscal year 2008 from the	72936
General Revenue Fund to the Auto Emissions Test Fund (Fund 5BY).	72937
On July 1, 2008, or as soon as possible thereafter, if the	72938
Governor issues a subsequent executive order under division (A) of	72939
section 3704.14 of the Revised Code, the Director of Budget and	72940
Management shall transfer $15,057,814 for use in fiscal year 2009	72941
from the General Revenue Fund to the Auto Emissions Test Fund	72942
(Fund 5BY).	72943

The Ohio Environmental Protection Agency (EPA) shall use the	72944
foregoing appropriation item 715-681, Auto Emissions Test, in the	72945
Auto Emissions Test Fund (Fund 5BY), for the operation, and Ohio	72946
EPA's costs for oversight, of the auto emissions testing program.	72947
For purposes of continuing testing beyond December 31, 2007, the	72948
Governor, annually and by executive order, may extend an existing	72949
contract with the contractor who is implementing the testing	72950
program pursuant to section 3704.14 of the Revised Code for a	72951
period of one year.	72952

The funds identified in this section shall not be used (1) to	72953
pay for the testing costs of any dealers to provide certificates	72954
for vehicles being purchased by individuals who reside in areas	72955
where the E-Check program is operated or (2) to pay for more than	72956
one passing or three total free tests for any vehicle in a	72957
three-hundred-sixty-five-day period. When state funds may not be	72958
used to pay for testing costs, the cost of testing and retesting	72959
paid by an individual or a business for any vehicle shall cover	72960
the cost of the test. Testing and other fees charged by the	72961
contractor shall be submitted to and approved by the Director of	72962
Environmental Protection.	72963

WATER QUALITY PROTECTION FUND

72964

On July 1, 2007, or as soon thereafter as possible, the	72965
Director of Environmental Protection shall certify to the Director	72966
of Budget and Management the cash balance in Fund 3F4, Water	72967
Quality Management. The Director of Budget and Management shall	72968
transfer the amount certified from Fund 3F4 to Fund 3BU, Water	72969
Quality Protection. Any existing encumbrances in appropriation	72970
item 715-633, Water Quality Management (Fund 3F4), shall be	72971
cancelled and re-established against appropriation item 715-684,	72972
Water Quality Protection (Fund 3BU). The amounts of the	72973
re-established encumbrances are hereby appropriated, and Fund 3F4	72974
is abolished.	72975

On July 1, 2007, or as soon thereafter as possible, the	72976
Director of Environmental Protection shall certify to the Director	72977
of Budget and Management the cash balance in Fund 3J1, Urban	72978
Stormwater. The Director of Budget and Management shall transfer	72979
the amount certified from Fund 3J1 to Fund 3BU, Water Quality	72980
Protection. Any existing encumbrances in appropriation item	72981
715-620, Urban Stormwater (Fund 3J1), shall be cancelled and	72982
re-established against appropriation item 715-684, Water Quality	72983
Protection (Fund 3BU). The amounts of the re-established	72984
encumbrances are hereby appropriated, and Fund 3J1 is abolished.	72985

On July 1, 2007, or as soon thereafter as possible, the	72986
Director of Environmental Protection shall certify to the Director	72987
of Budget and Management the cash balance in Fund 3J5, Maumee	72988
River. The Director of Budget and Management shall transfer the	72989
amount certified from Fund 3J5 to Fund 3BU, Water Quality	72990
Protection. Any existing encumbrances in appropriation item	72991
715-615, Maumee River (Fund 3J5), shall be cancelled and	72992
re-established against appropriation item 715-684, Water Quality	72993
Protection (Fund 3BU). The amounts of the re-established	72994
encumbrances are hereby appropriated, and Fund 3J5 is abolished.	72995

On July 1, 2007, or as soon thereafter as possible, the	72996
Director of Environmental Protection shall certify to the Director	72997
of Budget and Management the cash balance in Fund 3K2, Clean Water	72998
Act 106 (Fund 3K2). The Director of Budget and Management shall	72999
transfer the amount certified from Fund 3K2 to Fund 3BU, Water	73000
Quality Protection. Any existing encumbrances in appropriation	73001
item 715-628, Clean Water Act 106, shall be cancelled and	73002
re-established against appropriation item 715-684, Water Quality	73003
Protection (Fund 3BU). The amounts of the re-established	73004
encumbrances are hereby appropriated, and Fund 3K2 is abolished.	73005

On July 1, 2007, or as soon thereafter as possible, the	73006
Director of Environmental Protection shall certify to the Director	73007
of Budget and Management the cash balance in Fund 3K6, Remedial	73008
Action Plan. The Director of Budget and Management shall transfer	73009
the amount certified from Fund 3K6 to Fund 3BU, Water Quality	73010
Protection. Any existing encumbrances in appropriation item	73011
715-639, Remedial Action Plan (Fund 3K6), shall be cancelled and	73012
re-established against appropriation item 715-684, Water Quality	73013
Protection (Fund 3BU). The amounts of the re-established	73014
encumbrances are hereby appropriated, and Fund 3K6 is abolished.	73015

On July 1, 2007, or as soon thereafter as possible, the	73016
Director of Environmental Protection shall certify to the Director	73017
of Budget and Management the cash balance in Fund 352, Wastewater	73018
Pollution. The Director of Budget and Management shall transfer	73019
the amount certified from Fund 352 to Fund 3BU, Water Quality	73020
Protection. Any existing encumbrances in appropriation item	73021
715-611, Wastewater Pollution (Fund 352), shall be cancelled and	73022
re-established against appropriation item 715-684, Water Quality	73023
Protection (Fund 3BU). The amounts of the re-established	73024
encumbrances are hereby appropriated, and Fund 352 is abolished.	73025

On July 1, 2007, or as soon thereafter as possible, the	73026
Director of Environmental Protection shall certify to the Director	73027
of Budget and Management the cash balance in Fund 358, 205-J	73028
Federal Planning. The Director of Budget and Management shall	73029
transfer the amount certified from Fund 358 to Fund 3BU, Water	73030
Quality Protection. Any existing encumbrances in appropriation	73031
item 715-625, 205-J Federal Planning (Fund 358), shall be	73032
cancelled and re-established against appropriation item 715-684,	73033
Water Quality Protection (Fund 3BU). The amounts of the	73034
re-established encumbrances are hereby appropriated, and Fund 358	73035
is abolished.	73036

AREAWIDE PLANNING AGENCIES

73037

The Director of the Environmental Protection Agency shall use	73038
the foregoing appropriation item 715-624, Surface Water, to	73039
contract with areawide planning agencies in an amount not to	73040
exceed $75,000 per agency per fiscal year for areawide water	73041
quality management and planning activities in accordance with	73042
Section 208 of the Federal Clean Water Act, 33 U.S.C. 1288.	73043

CASH TRANSFER FOR AUTOMOTIVE MERCURY SWITCH PROGRAM

73044

Upon the request of the Director of Environmental Protection,	73045
the Director of Budget and Management shall transfer up to $60,000	73046
in cash from the Environmental Protection Fund (Fund 5BC) to the	73047
Automotive Mercury Switch Program Fund (Fund 5DW), in each year of	73048
the fiscal years 2008-2009 biennium.	73049

Section 283.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

73050

General Revenue Fund	73051

GRF	172-321	Operating Expenses	$	483,859	$	487,000	73052
TOTAL GRF General Revenue Fund			$	483,859	$	487,000	73053
TOTAL ALL BUDGET FUND GROUPS			$	483,859	$	487,000	73054

Section 285.10. ETC ETECH OHIO

73056

General Revenue Fund	73057

GRF	935-321	Operations	$	6,830,918	$	6,830,921	73058
GRF	935-401	Statehouse News Bureau	$	244,400	$	244,400	73059
GRF	935-402	Ohio Government Telecommunications Services	$	716,417	$	716,417	73060
GRF	935-403	Technical Operations	$	3,597,390	$	3,597,390	73061
GRF	935-404	Telecommunications Operating Subsidy	$	4,632,413	$	4,632,413	73062
GRF	935-406	Technical and Instructional Professional Development	$	6,285,351	$	6,272,351	73063
GRF	935-539	Educational Technology	$	4,139,551	$	4,139,551	73064
TOTAL GRF General Revenue Fund			$	26,446,440	$	26,433,443	73065

General Services Fund Group	73066

4F3	935-603	Affiliate Services	$	1,000,000	$	1,000,000	73067
4T2	935-605	Government Television/Telecommunications Operating	$	25,000	$	25,000	73068
5D4	935-640	Conference/Special Purposes	$	1,821,817	$	1,821,817	73069
TOTAL GSF General Services Fund Group			$	2,846,817	$	2,846,817	73070

Federal Special Revenue Fund Group	73071

3S3	935-606		Enhancing Education Technology		$	589,363		$	589,363		73072
TOTAL FED Federal Special Revenue Fund Group					$	589,363		$	589,363		73073

State Special Revenue Fund Group	73074

4W9	935-630	Telecommunity	$	25,000	$	25,000	73075
4X1	935-634	Distance Learning	$	50,000	$	50,000	73076
5T3	935-607	Gates Foundation Grants	$	200,000	$	200,000	73077
TOTAL SSR State Special Revenue Fund Group			$	275,000	$	275,000	73078
TOTAL ALL BUDGET FUND GROUPS			$	30,157,620	$	30,144,623	73079

Section 285.30. TELECOMMUNICATIONS

73081

STATEHOUSE NEWS BUREAU

73082

The foregoing appropriation item 935-401, Statehouse News	73083
Bureau, shall be used solely to support the operations of the Ohio	73084
Statehouse News Bureau.	73085

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

73086

The foregoing appropriation item 935-402, Ohio Government	73087
Telecommunications Services, shall be used solely to support the	73088
operations of Ohio Government Telecommunications Services.	73089

TECHNICAL OPERATIONS

73090

The foregoing appropriation item 935-403, Technical	73091
Operations, shall be used by eTech Ohio to pay expenses of eTech	73092
Ohio's network infrastructure, which includes the television and	73093
radio transmission infrastructure and infrastructure that shall	73094
link all public K-12 classrooms to each other and the Internet,	73095
and provide access to voice, video, and data educational resources	73096
for students and teachers.	73097

TELECOMMUNICATIONS OPERATING SUBSIDY

73098

Of the foregoing appropriation item 935-404,	73099
Telecommunications Operating Subsidy, $45,000 in each fiscal year	73100
shall be used to contract for dial-up newspaper reading services	73101
for the blind and physically handicapped. The contract shall be	73102
awarded subject to Controlling Board approval, through a	73103
competitive bidding process.	73104

Of the foregoing appropriation item 935-404,	73105
Telecommunications Operating Subsidy, $1,000,000 in each fiscal	73106
year shall be used to support the conversion of Ohio's public	73107
educational television stations from analog to federally mandated	73108
digital broadcasting technology.	73109

Funds appropriated to support the conversion to digital	73110
technology shall be distributed by eTech Ohio to the Ohio	73111
educational television stations according to a formula agreed to	73112
by the stations.	73113

The remainder of appropriation item 935-404,	73114
Telecommunications Operating Subsidy, shall be distributed by	73115
eTech Ohio to Ohio's qualified public educational television	73116
stations, radio reading services, and educational radio stations	73117
to support their operations. The funds shall be distributed	73118
pursuant to an allocation formula used by the Ohio Educational	73119
Telecommunications Network Commission unless and until a	73120
substitute formula is developed by eTech Ohio in consultation with	73121
Ohio's qualified public educational television stations, radio	73122
reading services, and educational radio stations.	73123

Section 285.40. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	73124
DEVELOPMENT	73125

The foregoing appropriation item 935-406, Technical and	73126
Instructional Professional Development, shall be used by eTech	73127
Ohio to make grants or provide services to qualifying public	73128
schools, including the State School for the Blind, the State	73129
School for the Deaf, and the Department of Youth Services, for the	73130
provision of hardware, software, telecommunications services, and	73131
staff development to support educational uses of technology in the	73132
classroom.	73133

Of the foregoing appropriation item 935-406, Technical and	73134
Instructional Professional Development, up to $200,000 in each	73135
fiscal year shall be used by eTech Ohio to provide competitive	73136
professional development grants to school districts. Grant	73137
proposals shall focus on developing innovative programs that	73138
enhance the abilities of teachers to use innovative methods for	73139
integrating technology to implement state academic content	73140
standards in classroom lessons. Grant requirements and awards	73141
shall be approved by eTech Ohio, with priority given to school	73142
districts designated in academic emergency, academic watch, or	73143
continuous improvement. eTech Ohio shall develop a web site to	73144
share information learned through these programs with school	73145
districts statewide. The web site shall be linked with the Ohio	73146
Department of Education's Instructional Management System.	73147

Of the foregoing appropriation item 935-406, Technical and	73148
Instructional Professional Development, up to $1,260,000 in each	73149
fiscal year shall be allocated equally among the 12 Ohio	73150
educational television stations and used with the advice and	73151
approval of eTech Ohio. Funds shall be used for the production of	73152
interactive instructional programming series with priority given	73153
to resources aligned with state academic content standards in	73154
consultation with the Ohio Department of Education and for	73155
teleconferences to support eTech Ohio. The programming shall be	73156
targeted to the needs of the poorest two hundred school districts	73157
as determined by the district's adjusted valuation per pupil as	73158
defined in former section 3317.0213 of the Revised Code as that	73159
section existed prior to June 30, 2005.	73160

The remainder of appropriation item 935-406, Technical and	73161
Instructional Professional Development, shall be used by eTech	73162
Ohio for professional development for teachers and administrators	73163
for the use of educational technology. eTech Ohio may make grants	73164
to provide technical assistance and professional development on	73165
the use of educational technology to school districts.	73166

Eligible recipients of grants include regional training	73167
centers, educational service centers, information technology	73168
centers, educational technology centers, institutions of higher	73169
education, public television stations, special education resource	73170
centers, area media centers, or other nonprofit educational	73171
organizations. In addition, services provided through these grants	73172
may include use of private entities subcontracting through the	73173
grant recipient.	73174

Grants shall be made to entities on a contractual basis with	73175
eTech Ohio. Contracts shall include provisions that demonstrate	73176
how services will benefit technology use in the public schools,	73177
and in particular how services will support eTech Ohio's efforts	73178
to integrate technology in the public schools. Contracts shall	73179
specify the scope of assistance being offered and the potential	73180
number of professionals who will be served. Contracting entities	73181
may be awarded more than one grant at a time. Grants shall be	73182
awarded in a manner consistent with the goals and priorities of	73183
eTech Ohio. Special emphasis in the award of grants shall be	73184
placed on collaborative efforts among service providers.	73185

Application for grants from appropriation item 935-406,	73186
Technical and Instructional Professional Development, shall be	73187
consistent with a school district's technology plan that shall	73188
meet the minimum specifications for school district technology	73189
plans as prescribed by eTech Ohio. Funds allocated through these	73190
grants may be combined with funds received through other state or	73191
federal grants for technology so long as the school district's	73192
technology plan specifies the use of these funds.	73193

Section 285.50. EDUCATIONAL TECHNOLOGY

73194

The foregoing appropriation item 935-539, Educational	73195
Technology, shall be used to provide funding to suppliers of	73196
information services to school districts for the provision of	73197
hardware, software, and staff development in support of	73198
educational uses of technology in the classroom as prescribed by	73199
the State Plan for Technology pursuant to section 3301.07 of the	73200
Revised Code, and to support assistive technology for children and	73201
youth with disabilities.	73202

eTech Ohio shall contract with educational television to	73203
provide Ohio public schools with instructional resources and	73204
services with priority given to resources and services aligned	73205
with state academic content standards and such resources and	73206
services shall be based upon the advice and approval of eTech	73207
Ohio, based on a formula used by the Ohio SchoolNet Commission	73208
unless and until a substitute formula is developed by eTech Ohio	73209
in consultation with Ohio's educational technology agencies and	73210
noncommercial educational television stations.	73211

Resources may include, but not be limited to, the following:	73212
prerecorded video materials (including videotape, laser discs, and	73213
CD-ROM discs); computer software for student use or student access	73214
to electronic communication, databases, spreadsheet, and word	73215
processing capability; live student courses or courses delivered	73216
electronically; automated media systems; and instructional and	73217
professional development materials for teachers. eTech Ohio shall	73218
collaborate with public television stations and cooperate with	73219
education technology agencies in the acquisition, development, and	73220
delivery of these educational resources to ensure high-quality and	73221
educational soundness at the lowest possible cost. Delivery of	73222
these resources may utilize a variety of technologies with a	73223
preference given to a high speed integrated network that can	73224
transport video, voice, data, and graphics simultaneously.	73225

Services shall include presentations and technical assistance	73226
that will help students and teachers integrate educational	73227
materials that support curriculum objectives, match specific	73228
learning styles, and are appropriate for individual interests and	73229
ability levels.	73230

The instructional resources and services shall be made	73231
available for purchase by chartered nonpublic schools or by school	73232
districts for the benefit of pupils attending chartered nonpublic	73233
schools.	73234

eTech Ohio shall monitor the developments of technology,	73235
coordinate with the Office of Information Technology, and assure	73236
the most effective and highest quality operation of eTech Ohio	73237
networks. All efforts may be aligned with the State's ongoing	73238
efforts to coordinate appropriate network operations through the	73239
Office of Information Technology and through the Third Frontier	73240
Network.	73241

Section 285.55. (A) The Governor is hereby authorized to	73242
execute deeds or leases in the name of the state, granting or	73243
leasing all of the state's right, title, and interest in eighteen	73244
parcels on which stand eTech Ohio towers, the parcels being	73245
particularly described as follows:	73246

Akron/Nimisila	73247

Situated in the Township of Green, County of Summit, State of Ohio	73248
being part of the Southwest Quarter Section Eighteen (18) of	73249
Township Twelve North (T-12-N), Range Nine West (R-9-W), more	73250
particularly bounded and described as follows:	73251

Commencing at the Point of Intersection of the centerline of South	73252
Main Street (County Highway 50) with the centerline of Caston Road	73253
(County Highway 224); thence South 49 07' 20" East along and with	73254
the centerline of said Caston Road a distance of 394.15 feet to an	73255
iron pin; thence continuing South 49 07' 20" East a distance of	73256
300 feet to an iron pin at a PI of the centerline of said Caston	73257
Road; thence South 38 05' 26" East a distance of 138.82 feet to an	73258
iron pin at the True Place of Beginning of the parcel of land	73259
hereinafter described:	73260

Thence, South 50° 22' 26" East a distance of 50 feet to an	73261
iron pin;	73262

Thence, South 9° 37' 34" West a distance of 591.62 feet to an	73263
iron pin;	73264

Thence, South 69° 37' 34" West a distance of 50 feet to an	73265
iron pin;	73266

Thence, North 49° 22' 19" West a distance of 558.17 feet to	73267
an iron pin;	73268

Thence, North 9° 37' 34" East a distance of 50 feet to an	73269
iron pin;	73270

Thence, North 67° 37' 34" East a distance of 558.17 feet to	73271
the True Place of Beginning, containing 4.38 acres, to be the same	73272
more or less, according to survey by Justin A Seiler, Registered	73273
Surveyor #4421, on March 20, 1974, but subject to all legal	73274
highways.	73275

Butler	73276

County of Richland in the State of Ohio, and bounded and described	73277
as follows: Situated in the Township of Jefferson, County of	73278
Richland, State of Ohio and being a part of the Southeast Quarter	73279
of the Southeast Quarter Section Twenty-three (23) of Township	73280
Nineteen (19), Range Eighteen (18), more particularly bounded and	73281
described as follows:	73282

Commencing at the Southeast Corner of said Southeast Quarter	73283
Section 23; thence Northerly along and with the East Line of said	73284
Quarter a distance of 80 Rods to the Northeast corner of said	73285
Southeast Quarter of the Southeast Quarter Section 23; thence	73286
Westerly parallel with the South Line of said Quarter a distance	73287
of 202.5 feet to the True Place of Beginning;	73288

THENCE, continuing Westerly parallel with said South Line a	73289
distance of 688 feet to an iron pin;	73290

THENCE, Southerly with an interior angle of 90° a distance of 763	73291
feet to an iron pin;	73292

THENCE, Easterly with an interior angle of 90° a distance of 688	73293
feet to an iron pin;	73294

THENCE, Northerly with an interior angle of 90° a distance of 763	73295
feet to the True Place of Beginning, containing 12.05 acres, be	73296
the same more or less, according to survey by Justin A. Seiler,	73297
Registered Surveyor #4421, on March 12, 1974.	73298

Carey	73299

Being a tract of land in Section 28, Range 13E, Township 15,	73300
Crawford Township, Wyandot County, State of Ohio which is further	73301
described as follows:	73302

Beginning at a point on the north line of Section 28 which line is	73303
also the center line of Count road 25 (also known as Tyson Road)	73304
which point is South 89° 53' 11" East long the said north line of	73305
Section 28, a distance of two hundred sixty-one and ninety	73306
hundredths (261.90) feet from the northwest corner of said Section	73307
28 said corner also being the intersection of the center line of	73308
County Road 97 and said County Road 25;	73309

Thence, along the said north line of Section 28 North 89° 53' 30"	73310
East, a distance of four hundred thirty-one and seventy-one	73311
hundredths (431.71) feet to a point;	73312

Thence, South 3° 42' 00" West, a distance of twenty and four	73313
hundredths (20.04) feet to a concrete monument;	73314

Thence, continuing South 3° 42' 00" West, a distance of seven	73315
hundred sixty-nine and fifty-four hundredths (769.54) feet to a	73316
concrete monument;	73317

Thence, North 62° 09' 49" West, a distance of five hundred	73318
ninety-five and four hundredths (595.04) feet to a concrete	73319
monument;	73320

Thence, North 4° 53' 19" West, a distance of four hundred	73321
thirty-six and seventy-five hundredths (436.75) feet to a concrete	73322
monument;	73323

Thence, North 73° 29' 57" East, a distance of one hundred ninety	73324
and fifty-four hundredths (190.54) feet to a concrete monument;	73325

Thence, North 0° 06' 30" West, a distance of twenty and no	73326
hundredths (20.00) feet to the point of beginning.	73327

Carmel Church	73328

Township of Bloomfield, in the County of Jackson, and State of	73329
Ohio.	73330

Being a tract of land in the Southeast Quarter of Section 35 in	73331
Range 17W, Township 8N, Bloomfield Township, Jackson County, Ohio	73332
which is further described as follows:	73333

Beginning at a point in the center line of Township Road 144 which	73334
point is located by the following two (2) courses from the	73335
northwest corner of the said Southeast Quarter of Section 35;	73336

(1) South 4° 24 feet West along the west line of the said	73337
Southeast Quarter of Section 35, a distance of one hundred	73338
thirty-one and four tenths (131.4) feet to a point in the said	73339
center line of Township Road 144;	73340

(2) South 65° 11 feet East along the said center line of	73341
Township Road 144, a distance of five hundred eighty-five and no	73342
hundredths (585.00) feet to said beginning point;	73343

Thence, South 4° 24 feet West, a distance of thirty-two and one	73344
hundredth (32.01) feet to a concrete monument;	73345

thence, continuing South 4° 24 feet West, a distance of six	73346
hundred forty-two and forty hundredths (642.40) feet to a concrete	73347
monument;	73348

thence, continuing South 4° 24 feet West, a distance of thirty-two	73349
and two hundredths (32.02) feet to a point in the County Road 46;	73350

thence, North 73° 56 feet East being in County Road 46, a distance	73351
of one thousand eleven and forty-nine hundredths (1,011.49) feet	73352
to a point in the aforementioned center line of Township Road 144;	73353

thence, North 65° 11 feet West along the said center line of	73354
County Road 144, a distance of one thousand eleven and seventeen	73355
hundredths (1,011.17) feet to the point of the beginning.	73356

This tract contains seven and six hundred eight-two thousandths	73357
(7.682) acres, more or less.	73358

Celina	73359

TRACT ONE	73360

Being a parcel of land situated in Jefferson Township, Mercer	73361
County, Ohio in the northeast quarter of the northeast quarter of	73362
Section 4, Township 6 South, Range 3 East. Being more particularly	73363
described as follows:	73364

Commencing for reference at a 5/8 inch iron bar at the northeast	73365
corner of said section 4	73366

Thence, south 00° 50' 10" west, along the east line of said	73367
section 4 and the centerline of Dibble Road, a distance of thirty	73368
(30.00) feet to the south line of the Norfolk and Western Railroad	73369
Right-of Way. Said point being the place of beginning for the	73370
parcel to be described herein	73371

Thence, continuing south 00° 50' 10" west along the last described	73372
line, a distance of two hundred thirty-eight and 50/100 (238.50)	73373
feet to a point	73374

Thence, north 89° 05' 33" west, a distance of two hundred	73375
sixty-seven and 91/100 (267.91) feet to a point	73376

Thence, north 00° 50' 10" east, a distance of two hundred	73377
thirty-eight and 51/100 (238.50) feet to the south line of the	73378
aforementioned Norfolk the Western Railroad right-of-way	73379

Thence, south 89° 05' 33" east, along said south right-of-way, a	73380
distance of two hundred sixty-seven and 91/100 (267.91) feet to	73381
the place of beginning	73382

Containing 1.467 acres of land more or less.	73383

TRACT TWO	73384

Being a parcel of land situated in Jefferson Township, Mercer	73385
County, Ohio in the northwest quarter of the northeast quarter of	73386
Section 3, Township 6 South, Range 3 East. Being more particularly	73387
described as follows:	73388

Commencing for reference at a 5/8 inch iron bar at the northwest	73389
corner of said section 3	73390

Thence, south 00° 50' 10" west, along the east line of said	73391
section 3 and the centerline of Dibble Road, a distance of fifty	73392
(50.00) feet to the south line of the Norfolk and Western Railroad	73393
Right-of-Way. Said point being the place of beginning for the	73394
parcel to be described herein	73395

Thence, continuing south 00° 50' 10" west along the last described	73396
line, a distance of Five Hundred eighty-two and 50/100 (582.50)	73397
feet to a point	73398

Thence, north 89° 05' 33" east, a distance of three hundred	73399
sixty-seven and 91/100 (367.91) feet to a point	73400

Thence, north 00° 50' 10" east, a distance of five hundred	73401
eighty-two and 50/100 (582.50) feet to the south line of the	73402
aforementioned Norfolk and Western Railroad right-of-way	73403

Thence, north 89° 05' 33" west, along said south right-of-way, a	73404
distance of three hundred sixty-seven and 91/100 (367.91) feet to	73405
the place of beginning	73406

Containing 4.920 acres of land more or less.	73407

College Corner/Oxford	73408

Situate in the State of Ohio, Butler County, Oxford Township,	73409
being a part of Section 5, Range 1 East, Township 5 North,	73410
Congress Lands West of the Miami, also being a parcel out of those	73411
lands conveyed to Miami University by Deed of Record in Deed Book	73412
965, Page 42, Recorder's Office, Butler County, Ohio and being a	73413
lease for a radio broadcasting antenna tower and the necessary guy	73414
and anchor structures, more particularly described as follows:	73415

Beginning for reference at the northwest corner of Section 5,	73416
Range 1 East, Township 5 North, Congress Lands West of the Miami,	73417
said point also being at the intersection of Jones Road and Taylor	73418
Road and in the Preble-Butler County Line; thence leaving said	73419
County Line, said Jones road and with the centerline of said	73420
Taylor Road and the west line of said Section 5, South 00° 05'	73421
West 3619.2 feet to a point, said point being the northwesterly	73422
corner of the 14.01 acre tract as conveyed in said Deed Book 695,	73423
Page 42,; thence leaving the centerline of said Taylor Road and	73424
the west line of said Section 5 and with a northerly line of said	73425
14.01 acre parcel South 89 degrees 55' East 356.8 feet to a point;	73426
thence leaving the northerly line of said 14.01 acre parcel and	73427
crossing said 14.01 acre parcel South 00° 05' West 40.00 feet to a	73428
point; thence continuing across said 14.01 acre parcel North 87°	73429
53' East 386.5 feet to the center of an existing antenna tower and	73430
the True Point of Beginning of the herein described leases, said	73431
tower also having geographic coordinates of North Latitude 39° 31'	73432
37" and West Longitude 84° 47' 36".	73433

Parcel A: Being a circular area of fifty (50.00) foot radius	73434
centered on the aforedescribed antenna tower and containing 7854	73435
square feet, more or less.	73436

Parcel B: Beginning at a point which bears North 27° 53' East, a	73437
distance of fifty (50.00) feet from the aforedescribed antenna	73438
tower and at a point on the circumference of the aforedescribed	73439
circle; thence with the centerline of a twenty (20.00) foot wide	73440
easement, being ten (10.00) feet on each side of said centerline	73441

North 27° 53' East 300.00 feet to the terminus of said Lease B and	73442
containing 6006.7 square feet, more or less.	73443

Parcel C: Beginning at a point which bears South 32° 07' East a	73444
distance of fifty (50.00) feet from the aforedescribed antenna	73445
tower and at a point on the circumference of the aforedescribed	73446
circle; thence with the centerline of a twenty (20.00) foot wide	73447
easement, being ten (10.00) feet on each side of said centerline	73448

South 32° 07' East 293.00 feet to the terminus of said Lease C and	73449
containing 5866.7 square feet, more or less	73450

Parcel D: Beginning at a point which bears South 87° 53' West a	73451
distance of fifty (50.00) feet from the aforedescribed antenna	73452
tower and at a point on the circumference of the aforedescribed	73453
circle; thence with the centerline of a twenty (20.00) foot wide	73454
easement, being ten (10.00) feet on each side of said centerline	73455

South 87° 53' West 300.00 feet to the terminus of said Lease D and	73456
containing 6006.7 square feet, more or less.	73457

The aforedescribed four lease parcels containing a total of	73458
25734.1 square feet or 0.591 acres, more or less	73459

Ashtabula	73460

Located in Sheffield Township, Ashtabula County, State of Ohio and	73461
being part of Lot 2, Township 12, Range 2 and more particularly	73462
described as follows:	73463

Beginning at the intersection of the centerline of Plymouth Ridge	73464
Road and the centerline of Wright Street said intersection also	73465
being the Southwest corner of Steven Raydek property;	73466

Thence North along the said centerline of Wright Street a distance	73467
of 1,782.0 feet to a point;	73468

Thence Easterly with an interior angle of 90° 00 minutes along the	73469
Westerly projection of the East guy line a distance of 180.0 feet	73470
to the center of the tower.	73471

Fairborn/Wright State	73472

Being a tract of land situated on Wright State University campus,	73473
City of Fairborn, Green County, State of Ohio, and being bounded	73474
and more particularly described as follows:	73475

Beginning at a point being at P.K. nail located in the centerline	73476
of Colonel Glenn Highway, and the point being referred to as	73477
station 104+00; thence North (13°-17'-57") East a distance of	73478
1933.55 feet to an iron pin being the true point of beginning;	73479
thence North (44°-08'-37") West a distance of 49.04 feet to an	73480
iron pin; thence North (45°-51'23") East a distance of 70.95 feet	73481
to an iron pin; thence South (44°-08'-37") a distance of 49.04	73482
feet to an iron pin; thence South (45°-51'-23") West a distance of	73483
70.95 feet to an iron pin being the true point of beginning	73484
containing 0.080 acres more or less subject however to all	73485
easements of record.	73486

Lancaster	73487

Situated in the state of Ohio, County of Fairfield, Township of	73488
Hocking and further described as follows:	73489

Being a site 100' in length, east and west, by 50' in width, north	73490
and south, within which area a base for a broadcasting tower, a	73491
generator pad and a tank foundation are to be constructed, said	73492
tower to be located approximately 184 feet north of the southwest	73493
corner of building No. 2.004 and approximately 132 feet east of	73494
the fence along the easterly side of Jackson Road, also, together	73495
with existing guy wires and an access road running from Jackson	73496
Road, thence due east to the west line of the above described	73497
site.	73498

London	73499

Roberts Mill Road on certain lands belonging to the State of Ohio,	73500
known as London Prison Farm.	73501

Loudonville	73502

Located in Washington Township, Holmes County, State of Ohio and	73503
in the East Half of the northwest Quarter of Section 5, Township	73504
19, Range 15 and more particularly described as follows:	73505

Beginning at the intersection of the centerline of Township Road	73506
32 and the west line of the east half of the northwest quarter of	73507
Section 5, said west line also being the Grantor's westerly	73508
property line.	73509

Thence easterly along the said centerline a distance of 270.8 feet	73510
to a point;	73511

Thence Southerly along the North Guy line projected a distance of	73512
660.25 feet to the center of the Tower, said center of the Tower	73513
being 314 feet, more or less, easterly of the said West line of	73514
the East Half of the northwest Quarter of Section 5.	73515

The total area of occupancy, including the tower base, building	73516
and guy line areas shall not exceed 1.0 acre.	73517

Mansfield	73518

Situate in the State of Ohio, County of Richland, Washington	73519
Township, being a part of the Northwest Quarter (1/4) of Section	73520
11, Township 20 North, Range 18 West, also being a parcel out of	73521
those lands conveyed to James Edward Procker by Deed of Record in	73522
Deed Book 585, Page 578, Recorders Office, Richland County, Ohio	73523
and being more particularly described as follows:	73524

Beginning for Reference at the intersection of the centerline of	73525
the Mansfield-Washington Road (C.H. 301) and the southeast line of	73526
James Procker's 15 acre parcel as described in said Deed Book 585,	73527
Page 578, Recorder's Office, Richland County, Ohio and in the	73528
Northeast Quarter (1/4) of said Section 11; thence leaving said	73529
Mansfield-Washington Road and with the southeast line of said	73530
James Procker South 47° 59' 08" West 968.22 feet to a point on the	73531
East line of Northwest Quarter (1/4) of said Section 11; thence	73532
leaving the East line of said Northwest Quarter (1/4) of said	73533
Section 11 and across the lands of said James Procker and the	73534
Northwest Quarter (1/4) of said Section 11 North 64° 11' 46" West	73535
1186.56 feet to a point, the center of an existing radio	73536
transmission tower; thence North 09° 01' 06" West 13.00 feet to	73537
the Reference Point of Beginning of the four (4) hereinafter	73538
described easements, said Point of Beginning being half (1/2) way	73539
towards another existing radio transmission tower, 26.00 feet	73540
northerly from the first transmission tower.	73541

Lease No. 1 Circular Area	73542

Being a Circle having a 75.00 foot Radius, centered upon The	73543
Reference Point of Beginning as described above, said Reference	73544
Point being True Point of Beginning for this circular area and	73545
lying half (1/2) way between two existing Radio Transmission	73546
Towers and containing 17,671 square feet, more or less.	73547

Lease No. 2 Guy and Anchor Area (Northerly)	73548

Beginning for Reference at the aforementioned Reference Point of	73549
Beginning at a point half (1/2) way between two existing Radio	73550
Transmitting Towers: thence North 09 50' 08" East 75.00 feet to a	73551
point on the circumference of the 75.00 foot radius circle	73552
described in Lease No. 1 above and the True Point of Beginning of	73553
the following described parcel; thence along the centerline of a	73554
18.00 foot wide strip, 9 foot on each side of the following	73555
described line and parallel with the northerly guy of the	73556
southerly Radio Transmitting Tower,	73557

North 09° 50' 08" East 237.14 feet to the terminus of Lease No. 2	73558
and containing 4269 square feet, more or less.	73559

Lease No. 3 Guy and Anchor Area (Southereasterly)	73560

Beginning for Reference at the aforementioned Reference Point of	73561
Beginning at a point half (1/2) way between two existing Radio	73562
Transmitting Towers; thence South 50 09' 52" East 75.00 feet to a	73563
point on the circumference of the 75.00 foot radius circle	73564
described in Lease No. 1 above and the True Point of Beginning of	73565
the following described parcel; thence along the centerline of a	73566
27.00 foot wide strip, 13.50 feet on each side of the following	73567
described line and parallel with the southeasterly guy of the	73568
southerly Radio Transmitting Tower,	73569

South 50° 09' 52" East 217.93 feet to the terminus of Lease No. 3	73570
and containing 5884 square feet, more or less.	73571

Lease No. 4 Guy and Anchor Area (southwesterly)	73572

Beginning for Reference at the aforementioned Reference Point of	73573
Beginning at a point half (1/2) way between two existing Radio	73574
Transmitting Towers; thence South 69° 50' 08" West 75.00 feet to a	73575
point on the circumference of the 75.00 foot radius circle	73576
described in Lease No. 1 above and the True Point of Beginning of	73577
the following described line and parallel with the southwesterly	73578
guy of the southerly Radio Transmitting Tower.	73579

South 69° 50' 08" West 240.84 feet to the terminus of Lease No. 4	73580
and containing 10,356 square feet, more or less.	73581

Maplewood	73582

The following described Real Estate, situate in the Township of	73583
Jackson in the County of Shelby and State of Ohio.	73584

Being part of the southeast quarter of the southeast quarter of	73585
Section 29, Town 7 South, Range 7 East, Jackson Township, Shelby	73586
County, Ohio, and more particularly described as follows:	73587

Commencing at the stone at the Southeast corner of the Southeast	73588
quarter of Section 29, Jackson Township, (stone being in the	73589
center on the Wones Road and State Route 119); thence in a	73590
westerly direction along the center o the State Route 119, 971.58	73591
feet to a Railroad Spike, this being the PLACE OF BEGNNNING.	73592
Thence continuing in a westerly direction along the center of	73593
State Route 119, 340.80 feet to a Railroad Spike on the West line	73594
of the Southeast Quarter of the Southeast Quarter of Section 29,	73595
Jackson Township; thence in a Northerly direction with an internal	73596
angle of 89 degrees 25 minutes along the West line of the	73597
Southeast Quarter of the Southeast Quarter of Section 29, Jackson	73598
Township, 1142.38 feet to a Railroad Tie corner post; thence in an	73599
Easterly direction with an internal angle of 90 degrees 40 minutes	73600
339.50 feet to an iron pipe; thence in a Southerly direction with	73601
an internal angle of 89 degrees 22 minutes, 1143.63 feet to the	73602
Railroad Spike in the center of State Route 119, which was the	73603
PLACE OF BEGINNING.	73604

The above described tract of land contains 8.92 areas more or	73605
less, subject to all legal highways and easements of record. Being	73606
part of the same premises conveyed by deed recorded in Volume 196,	73607
Page 132 of the Deed Records of Shelby County, Ohio.	73608

ALSO, Situate in the Township of Jackson in the County of Shelby	73609
and State of Ohio.	73610

The following described tract of land is part of the southeast	73611
quarter of southeast quarter of Section 29 - T7S - R7E, Jackson	73612
Township, Shelby County, Ohio and is more particularly described	73613
as follows.	73614

Commencing at a stone at the southeast corner of southeast quarter	73615
of Section 29 Jackson Township. (Stone being in the center on	73616
Wones Road and State Route 119).	73617

Thence in a westerly direction along center line of S. R. 119,	73618
777.46' to first railroad spike. Continuing in westerly direction	73619
along center line of S.R. 119, 194.12' to second railroad spike.	73620

Thence in a northerly direction with internal angle of 89°, 27',	73621
495 ft. to I.P. (set stake). This being place of beginning.	73622

Thence in a northerly direction 634.08' to an iron pipe (post).	73623

Thence in an easterly direction with internal angle of 90° - 18',	73624
194.11' to an iron pipe.	73625

Thence in a southerly direction with internal angle of 89° - 42',	73626
633.33' to a point (set stake).	73627

Thence in a westerly direction with internal angle of 90° - 33',	73628
194.115' to I.P. which was place of beginning.	73629

Millersburg	73630

Being a part of a 35.47 acre parcel of land, known as lot #24 in	73631
the 1st quarter Township, Township 9, Range 8, Monroe Township,	73632
Holmes County, Ohio. Being more particularly described as follows:	73633

Being a plot approximately 30' X 20' (approximately 600 square	73634
feet), located in the northwest corner of the property with center	73635
of tower base to be located approximately 500' south of north	73636
property line and 152' east of West property line.	73637

Thompson	73638

Begin part of a 16 acre parcel of land situated in Thompson	73639
Township, Geauga County, Ohio, and known as Lot #20 as described	73640
in Deed #272-290. Being more particularly described as follows:	73641

Being a triangular land area measuring fifty (50) feet southwest	73642
to north by fifty (50) feet southeast to north by fifty (50) feet	73643
west to east to be situated at the northwest corner of the	73644
aforementioned 16 acre parcel. Also being an additional	73645
rectangular land area measuring from the southwest corner of the	73646
aforementioned land area south 21 feet then east by 35 feet then	73647
north by 21 feet thus returning to the southeast corner of the	73648
aforementioned land area.	73649

Warrensville Heights	73650

41° 26' 48"N	73651

81° 30' 20"W	73652

Wilberforce (CSU)	73653

Situate in the State of Ohio, Greene County, Xenia Township and	73654
the Village of Wilberforce and being a part of those lands	73655
conveyed from Central State University to the Ohio Educational	73656
Broadcasting Network Commission by a Transfer of Jurisdiction,	73657
dated September 18, 1974, and being two (2) easements more	73658
particularly described as follows:	73659

Tract No. 1. Steam Tunnel serving Lane Hall (Guy and Anchor Block)	73660

Being an eight foot (8.0') wide easement, four feet (4.0') on each	73661
side of the following described centerline; Beginning for	73662
Reference at approximate station 11+60 as shown on Drawing No.	73663
G-1, Sheet 3 of 35, Section No. G-5, Titled Project No.	73664
255-88-059, UTILITY TUNNEL LOOP, Phase 1, Central State University	73665
and prepared by Fosdick and Hilmer, Inc., Consulting Engineers and	73666
THP Limited of Cincinnati, Ohio; thence with the centerline of the	73667
Steam Tunnel serving said Lane Hall, South 31° East 30.0 feet more	73668
or less; thence South 48° 30' East 84.3 feet, more or less, to the	73669
True Point of Beginning of the herein described easement; thence	73670
continuing with the centerline of said Steam Tunnel	73671

South 48° 30' East 17.4 feet, more or less, to the terminus of the	73672
herein described easement.	73673

Tract No. 2. Steam Tunnel G-5 Serving the Cosby Center for Mass	73674
Communication (antenna site)	73675

Being a five foot (5.0') wide easement, two and one-half feet	73676
(2.5') on each side of the following described centerline;	73677
Beginning for Reference at a northerly corner of the Cosby Center	73678
for Mass Communication; thence with a northwesterly wall of said	73679
Cosby Center South 41° West 67.4 feet, more or less, to the True	73680
Point of Beginning of the herein described easement and on the	73681
centerline of said Steam Tunnel as shown on Drawing No. G-1, Sheet	73682
3 of 35, Section No. G-5, Titled Project No. 255-88-059, UTILITY	73683
TUNNEL LOOP, Phase 1, Central State University and prepared by	73684
Fosdick and Hilmer, Inc. and THP Limited of Cincinnati, Ohio;	73685
thence with the centerline of said Steam Tunnel.	73686

North 49° West 4.6 feet, more or less; thence	73687

North 41° East 23.3 feet, more or less, to the terminus of the	73688
herein described easement.	73689

Wooster	73690

Being a tract of land in Section 15, Range 13W, Township 16N,	73691
Wooster Township, Wayne County, State of Ohio which is further	73692
described as follows:	73693

Beginning for a point at a concrete monument which point is	73694
located by the following two (2) courses from the southeast corner	73695
of Section 15:-	73696

(1) North 0° 03' 45" East, a distance of one thousand one	73697
hundred fifty-five and twenty hundredths (1,155.20) feet to a	73698
point in the centerline of Hayden Road;	73699

(2) North 58° 15' 15" West, a distance of four hundred	73700
eighty-three and eighty-six hundredths (483.86) feet to the said	73701
point of beginning.	73702

Thence, North 89° 28' 57" West, a distance of five hundred seventy	73703
and no hundredths (570.00) feet to a concrete monument;	73704

Thence, North 0° 31' 03" East, a distance of six hundred	73705
fifty-eight and eighteen hundredths (658.18) feet to a concrete	73706
monument;	73707

Thence, South 89° 28' 67" East, a distance of five hundred seventy	73708
and no hundredths (570.00) feet to a concrete monument;	73709

Thence, South 0° 31' 03" West, a distance of six hundred fifty	73710
eight and eighteen hundredths (658.18) feet to the point of	73711
beginning.	73712

This tract contains eight and sixty-one hundredths (8.61) acres,	73713
more or less.	73714

(B) All rights, privileges, ownership, and control of the	73715
towers shall be transferred from eTech Ohio to the Office of	73716
Information Technology (OIT) by July 1, 2007. Where the land upon	73717
which the towers are located is leased by eTech Ohio, eTech Ohio	73718
shall relinquish its right on any such lease and OIT shall be	73719
substituted as the lessee of the premises by July 1, 2007, under	73720
the same terms, provisions, and conditions as specified in each	73721
lease agreement, subject to the lessor's consent. Where the land	73722
upon which the towers are located is owned by eTech Ohio, all	73723
rights, privileges, ownership and control of the land shall be	73724
transferred to OIT by July 1, 2007. The transfers and assignments	73725
of the eighteen tower site designations are subject to eTech	73726
Ohio's continued right to use the towers and the premises on which	73727
the towers are located for transmission and broadcasting; to OIT	73728
policies and procedures; and to completion of any legal surveys of	73729
the premises deemed necessary by the Office of Real Estate	73730
Services.	73731

(C) Renewable leases and deeds to implement this section	73732
shall be prepared by the Auditor of State with the assistance of	73733
the Attorney General, executed by the Governor, countersigned by	73734
the Secretary of State, sealed with the Great State of Ohio, and	73735
presented for recording in the Office of the Auditor of State.	73736
Each deed or lease shall be delivered to the original grantor or	73737
lessor of each property for recording in the office of the	73738
appropriate county recorder.	73739

Section 285.60. TELECOMMUNITY

73740

The foregoing appropriation item 935-630, Telecommunity,	73741
shall be distributed by eTech Ohio on a grant basis to eligible	73742
school districts to establish "distance learning" through	73743
interactive video technologies in the school district. Per	73744
agreements with eight Ohio local telephone companies ALLTEL Ohio,	73745
CENTURY Telephone of Ohio, Chillicothe Telephone Company,	73746
Cincinnati Bell Telephone Company, Orwell Telephone Company,	73747
Sprint North Central Telephone, VERIZON, and Western Reserve	73748
Telephone Company, school districts are eligible for funds if they	73749
are within one of the listed telephone company service areas.	73750
Funds to administer the program shall be expended by eTech Ohio up	73751
to the amount specified in agreements with the listed telephone	73752
companies.	73753

Within thirty days after the effective date of this section,	73754
the Director of Budget and Management shall transfer to Fund 4W9	73755
in the State Special Revenue Fund Group any investment earnings	73756
from moneys paid by any telephone company as part of any	73757
settlement agreement between the listed companies and the Public	73758
Utilities Commission in fiscal years 1996 and beyond.	73759

DISTANCE LEARNING

73760

The foregoing appropriation item 935-634, Distance Learning,	73761
shall be distributed by eTech Ohio on a grant basis to eligible	73762
school districts to establish "distance learning" in the school	73763
district. Per the agreement with Ameritech, school districts are	73764
eligible for funds if they are within an Ameritech service area.	73765
Funds to administer the program shall be expended by eTech Ohio up	73766
to the amount specified in the agreement with Ameritech.	73767

Within thirty days after the effective date of this section,	73768
the Director of Budget and Management shall transfer to Fund 4X1	73769
in the State Special Revenue Fund Group any investment earnings	73770
from moneys paid by any telephone company as part of a settlement	73771
agreement between the company and the Public Utilities Commission	73772
in fiscal year 1995.	73773

GATES FOUNDATION GRANTS

73774

The foregoing appropriation item 935-607, Gates Foundation	73775
Grants, shall be used by eTech Ohio to provide professional	73776
development to school district principals, superintendents, and	73777
other administrative staff for the use of education technology.	73778

Section 287.10. ETH OHIO ETHICS COMMISSION

73779

General Revenue Fund	73780

GRF	146-321		Operating Expenses		$	1,863,028		$	1,967,275		73781
TOTAL GRF General Revenue Fund					$	1,863,028		$	1,967,275		73782

General Services Fund Group	73783

4M6	146-601	Operating Expenses	$	527,543	$	477,543	73784
TOTAL GSF General Services							73785
Fund Group			$	527,543	$	477,543	73786
TOTAL ALL BUDGET FUND GROUPS			$	2,390,571	$	2,444,818	73787

Section 289.10. EXP OHIO EXPOSITIONS COMMISSION

73789

General Revenue Fund	73790

GRF	723-403		Junior Fair Subsidy		$	400,000		$	400,000		73791
TOTAL GRF General Revenue Fund					$	400,000		$	400,000		73792

State Special Revenue Fund Group	73793

4N2	723-602	Ohio State Fair Harness Racing	$	520,000	$	520,000	73794
506	723-601	Operating Expenses	$	13,643,315	$	13,643,315	73795
640	723-603	State Fair Reserve	$	125,337	$	0	73796
TOTAL SSR State Special Revenue							73797
Fund Group			$	14,288,652	$	14,163,315	73798
TOTAL ALL BUDGET FUND GROUPS			$	14,688,652	$	14,563,315	73799

STATE FAIR RESERVE

73800

The foregoing appropriation item 723-603, State Fair Reserve,	73801
shall serve as a budget reserve fund for the Ohio Expositions	73802
Commission in the event of a significant decline in attendance	73803
because of inclement weather or extraordinary circumstances during	73804
the Ohio State Fair resulting in a loss of revenue. The State Fair	73805
Reserve Fund (Fund 640) may be used by the Ohio Expositions	73806
Commission to pay bills resulting from the Ohio State Fair only if	73807
all the following criteria are met:	73808

(A) Admission revenues for the 2007 Ohio State Fair are less	73809
than $2,025,000 or the admission revenues for the 2008 Ohio State	73810
Fair are less than $2,065,000 because of inclement weather or	73811
extraordinary circumstances. These amounts are ninety per cent of	73812
the projected revenues for each year.	73813

(B) The Ohio Expositions Commission declares a state of	73814
fiscal exigency and requests release of funds from the Director of	73815
Budget and Management.	73816

(C) The Director of Budget and Management releases the funds.	73817
The Director of Budget and Management may approve or disapprove	73818
the request for release of funds, may increase or decrease the	73819
amount of release, and may place conditions as the Director	73820
considers necessary on the use of the released funds. The Director	73821
of Budget and Management may transfer the appropriation from	73822
fiscal year 2008 to fiscal year 2009 as needed.	73823

In the event that the Ohio Expositions Commission faces a	73824
temporary cash shortage that will preclude it from meeting current	73825
obligations, the Commission may request the Director of Budget and	73826
Management to approve use of the State Fair Reserve Fund (Fund	73827
640) to meet those obligations. The request shall include a plan	73828
describing how the Commission will eliminate the cash shortage. If	73829
the Director of Budget and Management approves the expenditures,	73830
the Commission shall reimburse the State Fair Reserve Fund (Fund	73831
640) by the thirtieth day of June of that same fiscal year through	73832
an intrastate transfer voucher. The amount reimbursed is hereby	73833
appropriated.	73834

Section 291.10. GOV OFFICE OF THE GOVERNOR

73835

General Revenue Fund	73836

GRF	040-321	Operating Expenses	$	3,754,045	$	3,754,045	73837
GRF	040-403	Federal Relations	$	435,443	$	435,443	73838
GRF	040-408	Office of Veterans' Affairs	$	287,000	$	298,000	73839
TOTAL GRF General Revenue Fund			$	4,476,488	$	4,487,488	73840

General Services Fund Group	73841

5AK	040-607		Federal Relations		$	365,149		$	365,149		73842
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		73843

TOTAL ALL BUDGET FUND GROUPS

4,841,637

4,852,637

73844

FEDERAL RELATIONS

73845

A portion of the foregoing appropriation items 040-403,	73846
Federal Relations, and 040-607, Federal Relations, may be used to	73847
support Ohio's membership in national or regional associations.	73848

The Office of the Governor may charge any state agency of the	73849
executive branch using an intrastate transfer voucher such amounts	73850
necessary to defray the costs incurred for the conduct of federal	73851
relations associated with issues that can be attributed to the	73852
agency. Amounts collected shall be deposited to the Office of the	73853
Governor Federal Relations Fund (Fund 5AK).	73854

Section 293.10. DOH DEPARTMENT OF HEALTH

73855

General Revenue Fund	73856

GRF	440-407	Animal Borne Disease and Prevention	$	2,327,101	$	2,327,101	73857
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	73858
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	73859
GRF	440-416	Child and Family Health Services	$	9,522,874	$	9,622,874	73860
GRF	440-418	Immunizations	$	9,400,615	$	9,400,615	73861
GRF	440-425	Abstinence and Adoption Education	$	500,000	$	500,000	73862
GRF	440-431	Free Clinic Liability Insurance	$	250,000	$	250,000	73863
GRF	440-437	Healthy Ohio	$	1,502,618	$	2,855,553	73864
GRF	440-438	Breast and Cervical Cancer Screening	$	2,500,000	$	2,500,000	73865
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	73866
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	73867
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	73868
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	73869
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	73870
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	73871
GRF	440-459	Help Me Grow	$	10,923,397	$	14,041,847	73872
GRF	440-505	Medically Handicapped Children	$	10,791,784	$	10,791,784	73873
GRF	440-507	Targeted Health Care Services Over 21	$	1,681,023	$	1,681,023	73874
GRF	440-511	Uncompensated Care and Emergency Medical Assistance	$	0	$	3,500,000	73875
TOTAL GRF General Revenue Fund			$	79,799,699	$	87,871,084	73876

General Services Fund Group	73877

142	440-646	Agency Health Services	$	3,461,915	$	3,461,915	73878
211	440-613	Central Support Indirect Costs	$	28,884,707	$	28,884,707	73879
473	440-622	Lab Operating Expenses	$	4,954,045	$	4,954,045	73880
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	73881
698	440-634	Nurse Aide Training	$	170,000	$	170,000	73882
TOTAL GSF General Services							73883
Fund Group			$	38,678,881	$	38,678,881	73884

Federal Special Revenue Fund Group	73885

320	440-601	Maternal Child Health Block Grant	$	30,666,635	$	30,666,635	73886
387	440-602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	73887
389	440-604	Women, Infants, and Children	$	230,077,451	$	230,077,451	73888
391	440-606	Medicaid/Medicare	$	24,850,959	$	24,850,959	73889
392	440-618	Federal Public Health Programs	$	136,778,215	$	136,778,215	73890
TOTAL FED Federal Special Revenue							73891
Fund Group			$	430,199,919	$	430,199,919	73892

State Special Revenue Fund Group	73893

4D6	440-608	Genetics Services	$	3,317,000	$	3,317,000	73894
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	73895
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	73896
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	73897
4L3	440-609	Miscellaneous Expenses	$	446,468	$	446,468	73898
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	73899
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	73900
470	440-647	Fee Supported Programs	$	27,996,243	$	25,905,140	73901
471	440-619	Certificate of Need	$	869,000	$	898,000	73902
477	440-627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	73903
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	73904
5CB	440-640	Poison Control Centers	$	150,000	$	150,000	73905
5CN	440-645	Choose Life	$	75,000	$	75,000	73906
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	73907
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	73908
5EC	440-650	Health Emergency	$	15,312,500	$	0	73909
5ED	440-651	Smoke Free Indoor Air	$	800,000	$	800,000	73910
5G4	440-639	Adoption Services	$	20,000	$	20,000	73911
5L1	440-623	Nursing Facility Technical Assistance Program	$	664,282	$	698,595	73912
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	73913
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	73914
TOTAL SSR State Special Revenue							73915
Fund Group			$	74,910,263	$	57,569,973	73916

Holding Account Redistribution Fund Group	73917

R14	440-631	Vital Statistics	$	70,000	$	70,000	73918
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	73919
TOTAL 090 Holding Account							73920
Redistribution Fund Group			$	90,000	$	90,000	73921
TOTAL ALL BUDGET FUND GROUPS			$	623,678,762	$	614,409,857	73922

Section 293.20. CHILD AND FAMILY HEALTH SERVICES

73924

Of the foregoing appropriation item 440-416, Child and Family	73925
Health Services, not more than $1,700,000 in each fiscal year	73926
shall be used for women's health services.	73927

Of the foregoing appropriation item 440-416, Child and Family	73928
Health Services, not more than $270,000 shall be used in each	73929
fiscal year for the OPTIONS dental care access program.	73930

Of the foregoing appropriation item 440-416, Child and Family	73931
Health Services, $1,900,000 in fiscal year 2008 and $2,150,000 in	73932
fiscal year 2009 shall be used by federally qualified health	73933
centers and federally designated look-alikes to provide services	73934
to uninsured low-income persons.	73935

Of the foregoing appropriation item 440-416, Child and Family	73936
Health Services, $10,000 in each fiscal year shall be allocated to	73937
the Jewish Family Services in Cleveland, $10,000 in each fiscal	73938
year shall be allocated to the Jewish Family Services in	73939
Cincinnati, $10,000 shall be allocated in each fiscal year to the	73940
Jewish Family Services in Columbus, and $10,000 in each fiscal	73941
year shall be allocated to the Wexner Heritage Village in Columbus	73942
for interpreters for health care.	73943

Of the foregoing appropriation item 440-416, Child and Family	73944
Health Services, $10,000 in each fiscal year shall be provided to	73945
the Jewish Family Services in Dayton, $5,000 in each fiscal year	73946
shall be provided to the Jewish Community Center in Akron, $5,000	73947
in each fiscal year shall be provided to the Jewish Community	73948
Center in Sylvania, $2,500 in each fiscal year shall be provided	73949
to the Jewish Community Center in Youngstown, and $2,500 in each	73950
fiscal year shall be provided to the Jewish Community Center in	73951
Canton.	73952

Of the foregoing appropriation item 440-416, Child and Family	73953
Health Services, $16,667 in each fiscal year shall be allocated to	73954
the Yassenoff Jewish Community Center, $16,667 in each fiscal year	73955
shall be allocated to the Jewish Community Center in Cincinnati,	73956
and $16,666 in each fiscal year shall be allocated to the Jewish	73957
Community Center in Cleveland for children's health and nutrition	73958
camp programs.	73959

Of the foregoing appropriation item 440-416, Child and Family	73960
Health Services, $16,666 in each fiscal year shall be allocated to	73961
the Athens Community Center.	73962

Of the foregoing appropriation item 400-416, Child and Family	73963
Health Services, $25,000 in each fiscal year shall be allocated to	73964
the Wellness Community of Greater Columbus to provide support	73965
services for people with cancer, their families, and caregivers.	73966

Of the foregoing appropriation item 440-416, Child and Family	73967
Health Services, $100,000 in each fiscal year shall be allocated	73968
to the Compdrug Teen Dating Violence Prevention Project in	73969
Franklin County.	73970

Section 293.25. COLLEGE PREGNANCY AND PARENTING OFFICES PILOT	73971
PROGRAM	73972

(A) As used in this section, "institution of higher	73973
education" means a public or private university or college in this	73974
state, including a community college or state community college.	73975

(B) The Director of Health shall conduct a pilot program in	73976
fiscal year 2009 for the purpose of awarding grants to up to four	73977
institutions of higher education to establish and operate on a	73978
selected institution's campus an office that provides support to	73979
students who are pregnant or who are the parents or legal	73980
guardians of one or more minors. Planning for the pilot program	73981
shall commence in fiscal year 2008.	73982

(C) An institution of higher education may apply for a grant	73983
by completing and submitting an application form supplied by the	73984
Director. The Director may require the institution to submit	73985
additional information after the Director has reviewed the	73986
application.	73987

(D) Before awarding a grant, the Director shall secure a	73988
written agreement in which the proposed grantee commits to doing	73989
all of the following:	73990

(1) Locating the office described in division (B) of this	73991
section on the campus of the institution.	73992

(2) Assessing the institution's performance in both of the	73993
following areas:	73994

(a) Offering health insurance plans to students that include	73995
coverage for prenatal and postpartum care and riders for the	73996
coverage of additional family members;	73997

(b) Providing services or items that meet the needs of	73998
students who are pregnant or who are the parents or legal	73999
guardians of one or more minors, including family housing, child	74000
care, flexible or alternative academic scheduling, education	74001
concerning responsible parenting and healthy marriages, maternity	74002
and infant clothing, formula and baby food, and baby furniture.	74003

(3) Identifying and establishing programs with public and	74004
private service providers located on campus and in the local	74005
community that are qualified to meet the needs described in	74006
division (D)(2)(b) of this section.	74007

(4) Assisting students in locating and obtaining services	74008
that meet the needs described in division (D)(2)(b) of this	74009
section.	74010

(5) Providing, on the request of an individual student,	74011
referrals for prenatal care and delivery, infant or foster care,	74012
or adoption. The office shall make referrals only to persons or	74013
governmental entities that primarily serve parents, prospective	74014
parents awaiting adoption, pregnant women who plan to parent or	74015
place a child for adoption, or married couples or couples that	74016
plan on marrying in order to provide a supportive environment for	74017
each other and one or more minors.	74018

(6) Providing, by a date determined by the Director, a	74019
written report to the Director that itemizes the office's	74020
expenditures during the fiscal year and meets the format or form	74021
established by the Director under division (E) of this section.	74022

(7) Providing, after the Director's review of the report	74023
described in division (D)(6) of this section, any additional	74024
information requested by the Director.	74025

(E) The Director shall establish a format or form for the	74026
written report that must be provided by an institution under	74027
division (D)(6) of this section. In establishing the format or	74028
form, the Director shall identify specific performance criteria	74029
the institution must address in the report.	74030

(F) The Director may adopt any rules necessary to implement	74031
this section. The rules shall be adopted in accordance with	74032
Chapter 119. of the Revised Code.	74033

(G) Of the foregoing appropriation item 440-416, Child and	74034
Family Health Services, $50,000 in fiscal year 2009 shall be used	74035
to make grants for the pilot program described in this section.	74036

Section 293.27. As used in this section, "federally qualified	74037
health center" means a health center that receives a federal	74038
public health services grant under the "Public Health Services	74039
Act," 117 Stat. 2020, 42 U.S.C. 254b, as amended, or another	74040
health center designated by the U.S. Health Resources and Services	74041
Administration as a federally qualified health center.	74042

The Department of Health may establish a pilot program to	74043
place two federally qualified health centers within or adjacent to	74044
hospital emergency departments. One health center shall be located	74045
in or adjacent to a hospital located in an urban area and one	74046
health center shall be located in or adjacent to a hospital	74047
located in a rural area. If the Department establishes the pilot	74048
program, not later than one year after the health centers become	74049
operational, the hospital and the health centers shall prepare and	74050
submit a report to the Governor and the General Assembly regarding	74051
the number of patients that received care at the health centers	74052
for nonemergency conditions rather than receiving care at the	74053
emergency department.	74054

If the Department does not establish the pilot program not	74055
later than one year after the effective date of this section, the	74056
Department shall submit a report to the Governor and the General	74057
Assembly explaining why it did not do so.	74058

Section 293.30. ABSTINENCE AND ADOPTION EDUCATION

74059

The foregoing appropriation item 440-425, Abstinence and	74060
Adoption Education, shall be used for abstinence and adoption	74061
education. The Director of Health shall develop guidelines for	74062
the establishment of abstinence and adoption education programs	74063
for teenagers with the purpose of decreasing unplanned	74064
pregnancies and abortion. The guidelines shall be developed	74065
pursuant to Title V of the "Social Security Act," 42 U.S.C. 510,	74066
and shall include, but are not limited to, advertising campaigns	74067
and direct training in schools and other locations.	74068

HEALTHY OHIO

74069

The Department of Health shall distribute $902,618 in fiscal	74070
year 2008 and $2,055,553 in fiscal year 2009 in appropriation	74071
item 440-437, Healthy Ohio, in accordance with the section of	74072
this act entitled "HEALTHY OHIO ASSESSMENT."	74073

Of the foregoing appropriation item 440-437, Healthy Ohio,	74074
$100,000 in each fiscal year shall be allocated to the Center for	74075
Closing Health Gaps to help with disparities in minority health.	74076

Of the foregoing appropriation item 440-437, Healthy Ohio,	74077
$500,000 in each fiscal year shall be used to support	74078
evidence-based programs for diabetes management and prevention,	74079
utilizing proven behavior change strategies leading to improved	74080
levels of routine physical activity and healthy eating habits. The	74081
program shall provide screening for diabetes, and for those	74082
determined to be at highest risk for diabetes, education on	74083
diabetes, diabetes management, physical activity and eating	74084
habits, and opportunities for monitored physical activity for	74085
adults and families. Grants shall be provided to, but not limited	74086
to, the Ohio YMCA State Alliance in collaboration with other	74087
community organizations. Each program shall include post program	74088
measurements, including, but not limited to, blood sugar testing,	74089
participant satisfaction surveys, and participant retention.	74090

Of the foregoing appropriation item 440-437, Healthy Ohio,	74091
$200,000 in fiscal year 2009 shall be used for the purchase of	74092
pneumococcal vaccinations for children.	74093

BREAST AND CERVICAL CANCER SCREENING

74094

The foregoing appropriation item 440-438, Breast and Cervical	74095
Cancer Screening, may be used for breast and cervical cancer	74096
screenings and services as permitted under the National Breast and	74097
Cervical Cancer Early Detection Project.	74098

HIV/AIDS PREVENTION/TREATMENT

74099

Of the foregoing appropriation item 440-444, AIDS Prevention	74100
and Treatment, not more than $6.7 million in each fiscal year	74101
shall be used to assist persons with HIV/AIDS in acquiring	74102
HIV-related medications.	74103

INFECTIOUS DISEASE PREVENTION

74104

The foregoing appropriation item 440-446, Infectious Disease	74105
Prevention, shall be used for the purchase of drugs for sexually	74106
transmitted diseases.	74107

HELP ME GROW

74108

Of the foregoing appropriation item 440-459, Help Me Grow,	74109
$10,423,397 in fiscal year 2008 and $13,741,847 in fiscal year	74110
2009 shall be used by the Department of Health to distribute	74111
subsidies to counties to implement the Help Me Grow Program.	74112
Appropriation item 440-459, Help Me Grow, may be used in	74113
conjunction with Temporary Assistance for Needy Families from the	74114
Department of Job and Family Services, Early Intervention funding	74115
from the Department of Mental Retardation and Developmental	74116
Disabilities, and in conjunction with other early childhood funds	74117
and services to promote the optimal development of young children.	74118
Local contracts shall be developed between local departments of	74119
job and family services and family and children first councils for	74120
the administration of TANF funding for the Help Me Grow Program.	74121
The Department of Health shall enter into an interagency agreement	74122
with the Department of Education, Department of Mental Retardation	74123
and Developmental Disabilities, Department of Job and Family	74124
Services, and Department of Mental Health to ensure that all early	74125
childhood programs and initiatives are coordinated and school	74126
linked.	74127

Of the foregoing appropriation item 440-459, Help Me Grow,	74128
$500,000 in fiscal year 2008 and $300,000 in fiscal year 2009	74129
shall be used for the establishment of the Autism Diagnosis	74130
Education Pilot Program. Not later than December 31, 2008, the	74131
Director of Health shall compile and submit to the Governor and	74132
the General Assembly a written report describing the action taken	74133
under the Autism Diagnosis Education Pilot Program since the	74134
effective date of this section. Not later than December 31, 2009,	74135
the Director shall compile and submit to the Governor and the	74136
General Assembly a written report describing the action taken	74137
under the Pilot Program since December 31, 2008.	74138

TARGETED HEALTH CARE SERVICES OVER 21

74139

In each fiscal year, of the foregoing appropriation item	74140
440-507, Targeted Health Care Services Over 21, $731,023 shall be	74141
used to administer the cystic fibrosis program and implement the	74142
Hemophilia Insurance Premium Payment Program. These funds also may	74143
be used, to the extent that funding is available, to provide up to	74144
18 in-patient hospital days for participants in the cystic	74145
fibrosis program. The Department shall expend all of these	74146
earmarked funds.	74147

Of the foregoing appropriation item 440-507, Targeted Health	74148
Care Services Over 21, $900,000 in each fiscal year shall be used	74149
to provide essential medications and to pay the copayments for	74150
drugs approved by the Department of Health and covered by Medicare	74151
Part D that are dispensed to Bureau for Children with Medical	74152
Handicaps (BCMH) participants for the cystic fibrosis program.	74153
These funds also may be used, to the extent that funding is	74154
available, to provide up to 18 in-patient hospital days for	74155
participants in the cystic fibrosis program. The Department shall	74156
expend all of these earmarked funds.	74157

UNCOMPENSATED CARE AND EMERGENCY MEDICAL

74158

The foregoing appropriation item 440-511, Uncompensated Care	74159
and Emergency Medical Assistance, shall be used to fund programs	74160
that provide health care without ability to pay. This is not an	74161
entitlement program and services are offered only to the extent	74162
that funding is available.	74163

MATERNAL CHILD HEALTH BLOCK GRANT

74164

Of the foregoing appropriation item 440-601, Maternal Child	74165
Health Block Grant (Fund 320), $2,091,299 shall be used in each	74166
fiscal year for the purposes of abstinence and adoption education.	74167
The Director of Health shall develop guidelines for the	74168
establishment of abstinence and adoption education programs for	74169
teenagers with the purpose of decreasing unplanned pregnancies and	74170
abortion. The guidelines shall be developed under Title V of the	74171
"Social Security Act," 42 U.S.C. 510, and shall include, but are	74172
not limited to, advertising campaigns and direct training in	74173
schools and other locations.	74174

GENETICS SERVICES

74175

The foregoing appropriation item 440-608, Genetics Services	74176
(Fund 4D6), shall be used by the Department of Health to	74177
administer programs authorized by sections 3701.501 and 3701.502	74178
of the Revised Code. None of these funds shall be used to counsel	74179
or refer for abortion, except in the case of a medical emergency.	74180

FEE SUPPORTED PROGRAMS

74181

Of the foregoing appropriation item 440-647, Fee Supported	74182
Programs (Fund 470), $50,000 in fiscal year 2008 shall be used by	74183
the Department to enter into a contract to make hospital	74184
performance information available on a web site as required in	74185
section 3727.391 of the Revised Code.	74186

MEDICALLY HANDICAPPED CHILDREN AUDIT

74187

The Medically Handicapped Children Audit Fund (Fund 477)	74188
shall receive revenue from audits of hospitals and recoveries from	74189
third-party payers. Moneys may be expended for payment of audit	74190
settlements and for costs directly related to obtaining recoveries	74191
from third-party payers and for encouraging Medically Handicapped	74192
Children's Program recipients to apply for third-party benefits.	74193
Moneys also may be expended for payments for diagnostic and	74194
treatment services on behalf of medically handicapped children, as	74195
defined in division (A) of section 3701.022 of the Revised Code,	74196
and Ohio residents who are twenty-one or more years of age and who	74197
are suffering from cystic fibrosis or hemophilia. Moneys may also	74198
be expended for administrative expenses incurred in operating the	74199
Medically Handicapped Children's Program.	74200

TRANSFER FROM STATE FIRE MARSHAL'S FUND (FUND 546) TO THE	74201
POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT OF HEALTH	74202

Notwithstanding section 3737.71 of the Revised Code, on July	74203
1, 2007, or as soon as possible thereafter, the Director of Budget	74204
and Management shall transfer $150,000 cash from the State Fire	74205
Marshal's Fund (Fund 546) in the Department of Commerce to the	74206
Poison Control Fund (Fund 5CB) in the Department of Health.	74207
Notwithstanding section 3737.71 of the Revised Code, on July 1,	74208
2008, or as soon as possible thereafter, the Director of Budget	74209
and Management shall transfer $150,000 cash from the State Fire	74210
Marshal's Fund (Fund 546) in the Department of Commerce to the	74211
Poison Control Fund (Fund 5CB) in the Department of Health.	74212

POISON CONTROL CENTERS

74213

Of the foregoing appropriation item 440-640, Poison Control	74214
Centers, in each fiscal year, the poison control centers in the	74215
municipal corporations of Cleveland, Cincinnati, and Columbus	74216
shall each receive an allocation of $50,000.	74217

SEWAGE TREATMENT SYSTEM INNOVATION

74218

Any revenues deposited to the credit of the Sewage Treatment	74219
System Innovation Fund (Fund 5CJ) in accordance with Section	74220
120.02 of this act are hereby appropriated to appropriation item	74221
440-654, Sewage Treatment System Innovation, in the fiscal year in	74222
which the revenues are received. On July 1, 2008, or as soon as	74223
possible thereafter, the Department of Health shall certify to the	74224
Director of Budget and Management the total fiscal year 2008	74225
unencumbered appropriations in appropriation item 440-654, Sewage	74226
Treatment System Innovation. The Department of Health may direct	74227
the Director of Budget and Management to transfer an amount not to	74228
exceed the total fiscal year 2008 unencumbered appropriations to	74229
fiscal year 2009 for use in appropriation item 440-654, Sewage	74230
Treatment System Innovation. Additional appropriation authority	74231
equal to the amount certified by the Department of Health is	74232
hereby appropriated to appropriation item 440-654, Sewage	74233
Treatment System Innovation, in fiscal year 2009.	74234

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	74235
PERMIT FUND	74236

The Director of Budget and Management, pursuant to a plan	74237
submitted by the Department of Health, or as otherwise determined	74238
by the Director of Budget and Management, shall set a schedule to	74239
transfer cash from the Liquor Control Fund (Fund 043) to the	74240
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	74241
needs of the Alcohol Testing and Permit program.	74242

The Director of Budget and Management shall transfer to the	74243
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	74244
Fund (Fund 043) created in section 4301.12 of the Revised Code	74245
such amounts at such times as determined by the transfer schedule.	74246

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

74247

The foregoing appropriation item 440-607, Medically	74248
Handicapped Children - County Assessments (Fund 666), shall be	74249
used to make payments under division (E) of section 3701.023 of	74250
the Revised Code.	74251

Section 293.35. HEALTHY OHIO ASSESSMENT

74252

(A)(1) The Department of Health, through the Healthy Ohio	74253
program, shall develop an assessment template for use by the	74254
Department and the Departments of Job and Family Services, Aging,	74255
Alcohol and Drug Addiction Services, Mental Retardation and	74256
Developmental Disabilities, and Mental Health. The assessment	74257
template shall assist the agencies to assess current practices	74258
and offer recommendations for improvements in the following	74259
areas:	74260

(a) Specific interventions provided to improve outcomes	74261
measured on an individual basis, including measures taken to	74262
identify those in need of care, coordinate their care, and provide	74263
direct service interventions.	74264

(b) Cost of the care provided per individual served each	74265
fiscal year, including administrative and infrastructure costs;	74266

(c) How money is tied to specific work completion with a	74267
basis for positive impact and positive outcomes and steps each	74268
department is making to ensure the people most at-risk receive the	74269
interventions;	74270

(d) Strategies used in each department to eliminate service	74271
duplication, especially in the area of care coordination.	74272

(2) Each department listed in division (A)(1) of this section	74273
shall conduct an assessment of itself using the assessment	74274
template. Not later than January 1, 2008, each department shall	74275
submit the results of its assessment to the Healthy Ohio program	74276
in the Department of Health.	74277

(B) When developing the assessment template, the Department	74278
of Health shall consult with associations representing health	74279
care providers, business interests, consumer advocates, insurance	74280
companies, and other interested parties affected by improved	74281
outcomes funding models.	74282

(C) The Department of Health shall organize and produce a	74283
summary report of the assessments conducted under division (A)(2)	74284
of this section. The report shall be submitted to the Governor,	74285
the Speaker of the House of Representatives, the Minority Leader	74286
of the House of Representatives, the President of the Senate, and	74287
the Minority Leader of the Senate.	74288

The Department shall submit its summary report of the	74289
assessments not later than February 1, 2008.	74290

(D) The Department, through the Healthy Ohio program, shall	74291
initiate pilot programs throughout the state. The pilot programs	74292
shall provide financial support to entities that provide care	74293
coordination services to individuals who are at risk for	74294
catastrophic and expensive health conditions, as determined by the	74295
Department.	74296

In providing the financial support, the Department shall	74297
select entities committed to demonstrating the following	74298
achievements:	74299

(1) Eliminating service duplication among entities;

74300

(2) Ensuring positive outcomes for individuals by confirming	74301
an individual's connection to evidence-based interventions;	74302

(3) Improving focus on at-risk individuals.

74303

Entities participating in the Healthy Ohio pilot programs	74304
shall submit written progress reports to the Department in	74305
intervals determined by the Department. Financial support shall be	74306
provided to participating entities only on a showing of improved	74307
outcomes and decreased duplication of services, as determined by	74308
the Department.	74309

Care coordination service providers who participate in	74310
federal or state programs are eligible to participate in the pilot	74311
programs, to the extent permitted by state and federal law.	74312

Section 293.40. NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

74313

The Director of Budget and Management shall transfer, on July	74314
1, 2007, or as soon as possible thereafter, cash from Fund 4E3,	74315
Resident Protection Fund, in the Ohio Department of Job and Family	74316
Services, to Fund 5L1, Nursing Facility Technical Assistance	74317
Program Fund, in the Ohio Department of Health, to be used under	74318
section 3721.026 of the Revised Code. The transfers shall equal	74319
$410,111 in fiscal year 2008 and $698,595 in fiscal year 2009.	74320

CASH TRANSFER FROM FEDERAL PUBLIC HEALTH PROGRAMS FUND TO	74321
AGENCY HEALTH SERVICES FUND	74322

As soon as possible on or after July 1, 2007, the Director of	74323
Health shall certify to the Director of Budget and Management the	74324
amount of cash to be transferred from the Federal Public Health	74325
Programs Fund (Fund 392) to the Agency Health Services Fund (Fund	74326
142) to meet the operating needs of the Vital Statistics Program.	74327
The Director of Budget and Management shall transfer the amount	74328
certified.	74329

Section 295.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

74330

Agency Fund Group	74331

461	372-601	Operating Expenses	$	16,819	$	16,819	74332
TOTAL AGY Agency Fund Group			$	16,819	$	16,819	74333
TOTAL ALL BUDGET FUND GROUPS			$	16,819	$	16,819	74334

Section 297.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

74336

General Revenue Fund	74337

GRF	148-100	Personal Services	$	160,121	$	167,156	74338
GRF	148-200	Maintenance	$	40,000	$	40,000	74339
GRF	148-402	Community Projects	$	500,000	$	500,000	74340
TOTAL GRF General Revenue Fund			$	700,121	$	707,156	74341

General Services Fund Group	74342

601	148-602	Gifts and Miscellaneous	$	20,000	$	20,000	74343
TOTAL GSF General Services							74344
Fund Group			$	20,000	$	20,000	74345
TOTAL ALL BUDGET FUND GROUPS			$	720,121	$	727,156	74346

Section 299.10. OHS OHIO HISTORICAL SOCIETY

74348

General Revenue Fund	74349

GRF	360-501	Operating Subsidy	$	3,649,244	$	3,649,252	74350
GRF	360-502	Site and Museum Operations	$	8,501,781	$	8,501,788	74351
GRF	360-504	Ohio Preservation Office	$	417,516	$	415,381	74352
GRF	360-505	National Afro-American Museum	$	754,884	$	754,884	74353
GRF	360-506	Hayes Presidential Center	$	514,323	$	514,323	74354
GRF	360-508	State Historical Grants	$	853,000	$	775,000	74355
TOTAL GRF General Revenue Fund			$	14,690,748	$	14,610,628	74356
TOTAL ALL BUDGET FUND GROUPS			$	14,690,748	$	14,610,628	74357

SUBSIDY APPROPRIATION

74358

Upon approval by the Director of Budget and Management, the	74359
foregoing appropriation items shall be released to the Ohio	74360
Historical Society in quarterly amounts that in total do not	74361
exceed the annual appropriations. The funds and fiscal records of	74362
the society for fiscal years 2008 and 2009 shall be examined by	74363
independent certified public accountants approved by the Auditor	74364
of State, and a copy of the audited financial statements shall be	74365
filed with the Office of Budget and Management. The society shall	74366
prepare and submit to the Office of Budget and Management the	74367
following:	74368

(A) An estimated operating budget for each fiscal year of the	74369
biennium. The operating budget shall be submitted at or near the	74370
beginning of each calendar year.	74371

(B) Financial reports, indicating actual receipts and	74372
expenditures for the fiscal year to date. These reports shall be	74373
filed at least semiannually during the fiscal biennium.	74374

The foregoing appropriations shall be considered to be the	74375
contractual consideration provided by the state to support the	74376
state's offer to contract with the Ohio Historical Society under	74377
section 149.30 of the Revised Code.	74378

STATE ARCHIVES

74379

Of the foregoing appropriation item 360-501, Operating	74380
Subsidy, $300,000 in each fiscal year shall be used for the State	74381
Archives, Library, and Artifact Collections program.	74382

HAYES PRESIDENTIAL CENTER

74383

If a United States government agency, including, but not	74384
limited to, the National Park Service, chooses to take over the	74385
operations or maintenance of the Hayes Presidential Center, in	74386
whole or in part, the Ohio Historical Society shall make	74387
arrangements with the National Park Service or other United States	74388
government agency for the efficient transfer of operations or	74389
maintenance.	74390

HISTORICAL GRANTS

74391

Of the foregoing appropriation item 360-508, State Historical	74392
Grants, $60,000 in fiscal year 2008 shall be distributed to the	74393
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be	74394
distributed to the Center for Holocaust and Humanity Education	74395
located at the Hebrew Union College-Jewish Institute of Religion	74396
in Cincinnati, $350,000 in each fiscal year shall be distributed	74397
to the Western Reserve Historical Society, $350,000 in each fiscal	74398
year shall be distributed to the Cincinnati Museum Center, and up	74399
to $18,000 in fiscal year 2008 shall be distributed to the	74400
Muskingum River Underground Railroad Historic Marker Project.	74401

PROCESSING FEES

74402

The Ohio Historical Society shall not charge or retain an	74403
administrative, service, or processing fee for distributing money	74404
that the General Assembly appropriates to the Society for grants	74405
or subsidies that the Society provides to other entities for their	74406
site-related programs.	74407

Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES

74408

General Revenue Fund	74409

GRF	025-321		Operating Expenses		$	20,574,568		$	20,574,568		74410
TOTAL GRF General Revenue Fund					$	20,574,568		$	20,574,568		74411

General Services Fund Group	74412

103	025-601	House Reimbursement	$	1,433,664	$	1,433,664	74413
4A4	025-602	Miscellaneous Sales	$	37,849	$	37,849	74414
TOTAL GSF General Services							74415
Fund Group			$	1,471,513	$	1,471,513	74416
TOTAL ALL BUDGET FUND GROUPS			$	22,046,081	$	22,046,081	74417

OPERATING EXPENSES

74418

On July 1, 2007, or as soon as possible thereafter, the Chief	74419
Administrative Officer of the House of Representatives shall	74420
certify to the Director of Budget and Management the total fiscal	74421
year 2007 unencumbered appropriations in appropriation item	74422
025-321, Operating Expenses. The Chief Administrative Officer may	74423
direct the Director of Budget and Management to transfer an amount	74424
not to exceed the total fiscal year 2007 unencumbered	74425
appropriations to fiscal year 2008 for use within appropriation	74426
item 025-321, Operating Expenses. Additional appropriation	74427
authority equal to the amount certified by the Chief	74428
Administrative Officer is hereby appropriated to appropriation	74429
item 025-321, Operating Expenses, in fiscal year 2008.	74430

On July 1, 2008, or as soon as possible thereafter, the Chief	74431
Administrative Officer of the House of Representatives shall	74432
certify to the Director of Budget and Management the total fiscal	74433
year 2008 unencumbered appropriations in appropriation item	74434
025-321, Operating Expenses. The Chief Administrative Officer may	74435
direct the Director of Budget and Management to transfer an amount	74436
not to exceed the total fiscal year 2008 unencumbered	74437
appropriations to fiscal year 2009 for use within appropriation	74438
item 025-321, Operating Expenses. Additional appropriation	74439
authority equal to the amount certified by the Chief	74440
Administrative Officer is hereby appropriated to appropriation	74441
item 025-321, Operating Expenses, in fiscal year 2009.	74442

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

74443

Agency Fund Group	74444

5AZ	997-601	Housing Finance Agency Personal Services	$	9,750,953	$	10,237,491	74445
TOTAL AGY Agency Fund Group			$	9,750,953	$	10,237,491	74446
TOTAL ALL BUDGET FUND GROUPS			$	9,750,953	$	10,237,491	74447

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

74449

General Revenue Fund	74450

GRF	965-321		Operating Expenses		$	1,367,372		$	1,437,901		74451
TOTAL GRF General Revenue Fund					$	1,367,372		$	1,437,901		74452

General Services Fund Group	74453

4Z3	965-602	Special Investigations	$	425,000	$	425,000	74454
TOTAL GSF General Services Fund Group			$	425,000	$	425,000	74455
TOTAL ALL BUDGET FUND GROUPS			$	1,792,372	$	1,862,901	74456

Section 307.10. INS DEPARTMENT OF INSURANCE

74458

Federal Special Revenue Fund Group	74459

3U5	820-602	OSHIIP Operating Grant	$	1,100,000	$	1,100,000	74460
TOTAL FED Federal Special							74461
Revenue Fund Group			$	1,100,000	$	1,100,000	74462

State Special Revenue Fund Group	74463

554	820-601	Operating Expenses - OSHIIP	$	553,750	$	569,269	74464
554	820-606	Operating Expenses	$	23,350,236	$	23,802,797	74465
555	820-605	Examination	$	7,639,581	$	7,868,768	74466
TOTAL SSR State Special Revenue							74467
Fund Group			$	31,543,567	$	32,240,834	74468
TOTAL ALL BUDGET FUND GROUPS			$	32,643,567	$	33,340,834	74469

MARKET CONDUCT EXAMINATION

74470

When conducting a market conduct examination of any insurer	74471
doing business in this state, the Superintendent of Insurance may	74472
assess the costs of the examination against the insurer. The	74473
superintendent may enter into consent agreements to impose	74474
administrative assessments or fines for conduct discovered that	74475
may be violations of statutes or rules administered by the	74476
superintendent. All costs, assessments, or fines collected shall	74477
be deposited to the credit of the Department of Insurance	74478
Operating Fund (Fund 554).	74479

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

74480

The Director of Budget and Management, at the request of the	74481
Superintendent of Insurance, may transfer funds from the	74482
Department of Insurance Operating Fund (Fund 554), established by	74483
section 3901.021 of the Revised Code, to the Superintendent's	74484
Examination Fund (Fund 555), established by section 3901.071 of	74485
the Revised Code, only for expenses incurred in examining domestic	74486
fraternal benefit societies as required by section 3921.28 of the	74487
Revised Code.	74488

TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND

74489

Not later than the thirty-first day of July each fiscal year,	74490
the Director of Budget and Management shall transfer $5,000,000	74491
from the Department of Insurance Operating Fund to the General	74492
Revenue Fund.	74493

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

74494

General Revenue Fund	74495

GRF	600-321	Support Services					74496
		State	$	50,785,978	$	52,571,413	74497
		Federal	$	10,460,286	$	11,290,237	74498
		Support Services Total	$	61,246,264	$	63,861,650	74499
GRF	600-410	TANF State	$	267,619,061	$	267,619,061	74500
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	74501
GRF	600-416	Computer Projects					74502
		State	$	115,383,181	$	116,419,033	74503
		Federal	$	21,488,920	$	21,192,117	74504
		Computer Projects Total	$	136,872,101	$	137,611,150	74505
GRF	600-417	Medicaid Provider Audits	$	2,000,000	$	2,000,000	74506
GRF	600-420	Child Support Administration	$	8,541,446	$	10,641,446	74507
GRF	600-421	Office of Family Stability	$	4,614,932	$	4,614,932	74508
GRF	600-423	Office of Children and Families	$	5,650,000	$	5,900,000	74509
GRF	600-425	Office of Ohio Health Plans					74510
		State	$	22,500,000	$	22,500,000	74511
		Federal	$	23,324,848	$	23,418,368	74512
		Office of Ohio Health Plans Total	$	45,824,848	$	45,918,368	74513
GRF	600-502	Administration - Local	$	34,014,103	$	34,014,103	74514
GRF	600-511	Disability Financial Assistance	$	22,128,480	$	25,335,908	74515
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	74516
GRF	600-521	Entitlement Administration - Local	$	130,000,000	$	130,000,000	74517
GRF	600-523	Children and Families Services	$	78,115,135	$	78,115,135	74518
GRF	600-525	Health Care/Medicaid					74519
		State	$	3,371,917,993	$	3,603,598,928	74520
		Federal	$	5,173,236,576	$	5,736,989,273	74521
		Health Care Total	$	8,545,154,569	$	9,340,588,201	74522
GRF	600-526	Medicare Part D	$	254,397,401	$	271,854,640	74523
GRF	600-528	Adoption Services					74524
		State	$	37,520,466	$	43,978,301	74525
		Federal	$	41,304,043	$	49,196,065	74526
		Adoption Services Total	$	78,824,509	$	93,174,366	74527
GRF	600-529	Capital Compensation Program	$	7,000,000	$	0	74528
GRF	600-534	Adult Protective Services	$	500,000	$	500,000	74529
TOTAL GRF General Revenue Fund							74530
		State	$	4,497,808,772	$	4,754,783,496	74531
		Federal	$	5,269,814,673	$	5,842,086,060	74532
		GRF Total	$	9,767,623,445	$	10,596,869,556	74533

General Services Fund Group	74534

4A8	600-658	Child Support Collections	$	26,680,794	$	26,680,794	74535
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	74536
5BG	600-653	Managed Care Assessment	$	210,655,034	$	222,667,304	74537
5C9	600-671	Medicaid Program Support	$	80,120,048	$	80,120,048	74538
5DL	600-639	Medicaid Revenue and Collections	$	51,966,785	$	56,296,844	74539
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	74540
5P5	600-692	Health Care Services	$	93,000,000	$	62,000,000	74541
613	600-645	Training Activities	$	135,000	$	135,000	74542
TOTAL GSF General Services							74543
Fund Group			$	463,594,635	$	448,936,964	74544

Federal Special Revenue Fund Group	74545

3AW	600-675	Faith Based Initiatives	$	1,000,000	$	1,000,000	74546
3A2	600-641	Emergency Food Distribution	$	2,900,000	$	3,500,000	74547
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	74548
3F0	600-623	Health Care Federal	$	1,209,188,383	$	1,211,196,561	74549
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	74550
3G5	600-655	Interagency Reimbursement	$	1,469,763,073	$	1,513,855,965	74551
3H7	600-617	Child Care Federal	$	207,269,463	$	200,167,593	74552
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	74553
3S5	600-622	Child Support Projects	$	534,050	$	534,050	74554
3V0	600-688	Workforce Investment Act	$	232,568,453	$	233,082,144	74555
3V4	600-678	Federal Unemployment Programs	$	147,411,858	$	152,843,414	74556
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,092,890	$	3,191,862	74557
3V6	600-689	TANF Block Grant	$	1,037,739,200	$	1,085,861,099	74558
3W3	600-659	TANF/Title XX Transfer	$	10,081,377	$	6,672,366	74559
327	600-606	Child Welfare	$	48,514,502	$	47,947,309	74560
331	600-686	Federal Operating	$	53,963,318	$	56,263,225	74561
384	600-610	Food Stamps and State Administration	$	160,237,060	$	153,147,118	74562
385	600-614	Refugee Services	$	10,196,547	$	11,057,826	74563
395	600-616	Special Activities/Child and Family Services	$	5,723,131	$	5,717,151	74564
396	600-620	Social Services Block Grant	$	114,479,464	$	114,474,085	74565
396	600-651	Second Harvest Food Banks	$	5,500,000	$	5,500,000	74566
397	600-626	Child Support	$	303,661,307	$	303,538,962	74567
398	600-627	Adoption Maintenance/ Administration	$	318,172,168	$	317,483,676	74568
TOTAL FED Federal Special Revenue							74569
Fund Group			$	5,841,238,957	$	5,926,277,119	74570

State Special Revenue Fund Group	74571

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	74572
4A9	600-607	Unemployment Compensation Administration Fund	$	12,273,062	$	12,188,996	74573
4A9	600-694	Unemployment Compensation Review Commission	$	1,726,938	$	1,811,004	74574
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	74575
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	74576
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	74577
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	74578
4K1	600-621	ICF/MR Bed Assessments	$	19,332,437	$	19,332,437	74579
4R3	600-687	Banking Fees	$	800,000	$	800,000	74580
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	74581
5DB	600-637	Military Injury Grants	$	2,000,000	$	2,000,000	74582
5ES	600-630	Food Assistance	$	500,000	$	500,000	74583
5F2	600-667	Building Consolidation	$	250,000	$	250,000	74584
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	74585
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	74586
5R2	600-608	Medicaid-Nursing Facilities	$	175,000,000	$	175,000,000	74587
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	74588
5U3	600-654	Health Care Services Administration	$	9,867,284	$	12,000,349	74589
5U6	600-663	Children and Family Support	$	4,928,718	$	4,928,718	74590
5Z9	600-672	TANF Quality Control Reinvestments	$	520,971	$	546,254	74591
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	74592
TOTAL SSR State Special Revenue							74593
Fund Group			$	590,002,192	$	592,160,540	74594

Agency Fund Group	74595

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	74596
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	74597
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	74598
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	74599

Holding Account Redistribution Fund Group	74600

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	74601
R13	600-644	Forgery Collections	$	10,000	$	10,000	74602
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	74603
TOTAL ALL BUDGET FUND GROUPS			$	16,794,069,229	$	17,695,854,179	74604

Section 309.20. SUPPORT SERVICES

74606

Section 309.20.10. GOVERNOR'S OFFICE OF FAITH-BASED AND	74607
COMMUNITY INITIATIVES	74608

Of the foregoing appropriation item 600-321, Support	74609
Services, up to $312,500 per fiscal year may be used to support	74610
the activities of the Governor's Office of Faith-Based and	74611
Community Initiatives.	74612

Section 309.20.15. OPERATIONS INDUSTRIALIZATION CENTERS

74613

Of the foregoing appropriation item 600-321, Support	74614
Services, $75,000 in each fiscal year shall be provided to the	74615
Operations Industrialization Centers of Clark County.	74616

Section 309.20.30. AGENCY FUND GROUP

74617

The Agency Fund Group and Holding Account Redistribution Fund	74618
Group shall be used to hold revenues until the appropriate fund is	74619
determined or until the revenues are directed to the appropriate	74620
governmental agency other than the Department of Job and Family	74621
Services. If it is determined that additional appropriation	74622
authority is necessary, such amounts are hereby appropriated.	74623

Section 309.30. MEDICAID

74624

Section 309.30.03. EXECUTIVE MEDICAID ADMINISTRATION

74625

(A) The Governor shall create an administration to manage all	74626
Medicaid policies and functions and promote the efficient and	74627
effective delivery of health care. The responsibilities of this	74628
body shall include implementation of recommendations of the Ohio	74629
Medicaid Administrative Study Council, except its recommendation	74630
for the creation of a separate Medicaid department. In addition,	74631
the administration created by this section shall do the following:	74632

(1) Set up a governance structure that includes information	74633
technology, strategy and planning, program integrity, resource	74634
organization, local government relations, and unified budgeting;	74635

(2) Hire an executive director who shall report directly to	74636
the Governor.	74637

(B) Division (A) of this section does not authorize the	74638
Governor to replace the Department of Job and Family Services as	74639
the single state agency to supervise the administration of the	74640
Medicaid program.	74641

Section 309.30.05. ELECTRONIC MEDICAID APPLICATIONS

74642

The Department of Job and Family Services shall assist county	74643
departments of job and family services to develop and obtain	74644
electronic databases and other necessary systems through a	74645
competitive process to comply with section 5111.017 of the Revised	74646
Code.	74647

Section 309.30.10. HEALTH CARE/MEDICAID

74648

The foregoing appropriation item 600-525, Health	74649
Care/Medicaid, shall not be limited by section 131.33 of the	74650
Revised Code.	74651

Section 309.30.13. CHILDREN'S HOSPITALS

74652

(A) As used in this section:

74653

"Children's hospital" means a hospital that primarily serves	74654
patients eighteen years of age and younger and is excluded from	74655
Medicare prospective payment in accordance with 42 C.F.R.	74656
412.23(d).	74657

"Medicaid inpatient cost-to-charge ratio" means the historic	74658
Medicaid inpatient cost-to-charge ratio applicable to a hospital	74659
as described in rules adopted by the Director of Job and Family	74660
Services in paragraph (B)(2) of rule 5101:3-2-22 of the	74661
Administrative Code.	74662

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	74663
the Administrative Code and except as provided in division (C) of	74664
this section, the Director of Job and Family Services shall pay a	74665
children's hospital that meets the criteria in paragraphs (E)(1)	74666
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	74667
cost outlier claim made in fiscal years 2008 and 2009, an amount	74668
that is the product of the hospital's allowable charges and the	74669
hospital's Medicaid inpatient cost-to-charge ratio.	74670

(C) The Director of Job and Family Services shall cease	74671
paying a children's hospital for a cost outlier claim under the	74672
methodology in division (B) of this section and revert to paying	74673
the hospital for such a claim according to methodology in	74674
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	74675
Administrative Code, as applicable, when the difference between	74676
the total amount the Director has paid according to the	74677
methodology in division (B) of this section for such claims and	74678
the total amount the Director would have paid according to the	74679
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	74680
the Administrative Code, as the applicable paragraph existed on	74681
June 30, 2007, for such claims, exceeds the sum of the state funds	74682
and corresponding federal match earmarked in division (F) of this	74683
section for the applicable fiscal year.	74684

(D) The Director of Job and Family Services shall make	74685
supplemental Medicaid payments to hospitals for inpatient services	74686
under a program modeled after the program the Department of Job	74687
and Family Services was required to create for fiscal years 2006	74688
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	74689
General Assembly if the difference between the total amount the	74690
Director has paid according to the methodology in division (B) of	74691
this section for cost outlier claims and the total amount the	74692
Director would have paid according to the methodology in paragraph	74693
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	74694
for such claims, as the applicable paragraph existed on June 30,	74695
2007, does not require the expenditure of all state and federal	74696
funds earmarked in division (F) of this section for the applicable	74697
fiscal year.	74698

(E) The Director of Job and Family Services shall not adopt,	74699
amend, or rescind any rules that would result in decreasing the	74700
amount paid to children's hospitals under division (B) of this	74701
section for cost outlier claims.	74702

(F) Of the foregoing appropriation item, 600-525, Health	74703
Care/Medicaid, up to $6 million (state share) in each fiscal year	74704
plus the corresponding federal match, if available, shall be used	74705
by the Department to pay the amounts described in division (B) of	74706
this section.	74707

Section 309.30.16. MEDICAID RESERVE FUND

74708

The Medicaid Reserve Fund is hereby created in the state	74709
treasury.	74710

Not later than July 31, 2007, or as soon as possible	74711
thereafter, the Director of Budget and Management shall transfer,	74712
for fiscal year 2008, $120,000,000 in cash from the General	74713
Revenue Fund to the Medicaid Reserve Fund.	74714

If at any time during fiscal year 2008 the Director of Budget	74715
and Management determines that additional appropriations are	74716
needed in appropriation item 600-525, Health Care/Medicaid, to	74717
fund the Medicaid Program, the Director of Budget and Management	74718
may submit a request to the Controlling Board to transfer cash	74719
from the Medicaid Reserve Fund. The request shall state the	74720
reasons for the transfer and the additional amounts being	74721
requested. The request shall be submitted at a regularly scheduled	74722
meeting of the Controlling Board. If the Controlling Board	74723
approves the transfer, the Director of Budget and Management shall	74724
transfer the approved amount of cash from the Medicaid Reserve	74725
Fund to the General Revenue Fund and increase the state share of	74726
appropriations in appropriation item 600-525, Health	74727
Care/Medicaid, and adjust the federal share accordingly. Any such	74728
transfers and adjustments are hereby appropriated.	74729

At the end of fiscal year 2008, the Director of Budget and	74730
Management shall transfer from the Medicaid Reserve Fund all the	74731
cash balance in excess of any transfers approved by the	74732
Controlling Board to the credit of the General Revenue Fund. The	74733
Director of Budget and Management shall make transfers to the	74734
Budget Stabilization Fund or the Income Tax Reduction Fund in	74735
accordance with section 131.44 of the Revised Code.	74736

Not later than July 31, 2008, or as soon as possible	74737
thereafter, the Director of Budget and Management shall transfer,	74738
for fiscal year 2009, $205,000,000 in cash from the General	74739
Revenue Fund to the Medicaid Reserve Fund.	74740

If at any time during fiscal year 2009 the Director of Budget	74741
and Management determines that additional appropriations are	74742
needed in appropriation item 600-525, Health Care/Medicaid, to	74743
fund the Medicaid Program, the Director of Budget and Management	74744
may submit a request to the Controlling Board to transfer cash	74745
from the Medicaid Reserve Fund. The request shall state the	74746
reasons for the transfer and the additional amounts being	74747
requested. The request shall be submitted at a regularly scheduled	74748
meeting of the Controlling Board. If the Controlling Board	74749
approves the transfer, the Director of Budget and Management shall	74750
transfer the approved amount of cash from the Medicaid Reserve	74751
Fund to the General Revenue Fund and increase the state share of	74752
appropriations in appropriation item 600-525, Health	74753
Care/Medicaid, and adjust the federal share accordingly. Any such	74754
transfers and adjustments are hereby appropriated.	74755

At the end of fiscal year 2009, the Director of Budget and	74756
Management shall transfer from the Medicaid Reserve Fund all the	74757
cash balance in excess of any transfers approved by the	74758
Controlling Board to the credit of the General Revenue Fund. The	74759
Director of Budget and Management shall make transfers to the	74760
Budget Stabilization Fund and the Income Tax Reduction Fund in	74761
accordance with section 131.44 of the Revised Code.	74762

Section 309.30.18. MEDICAID PROVIDER AUDITS

74763

Of the foregoing appropriation item 600-417, Medicaid	74764
Provider Audits, $2,000,000 each fiscal year shall be used by the	74765
Auditor of State, in consultation with the Department of Job and	74766
Family Services, to perform audits of providers of Medicaid	74767
services as defined in section 117.10 of the Revised Code.	74768

Section 309.30.20. FISCAL YEAR 2008 MEDICAID REIMBURSEMENT	74769
SYSTEM FOR NURSING FACILITIES	74770

(A) As used in this section:

74771

"Franchise permit fee," "Medicaid days," "nursing facility,"	74772
and "provider" have the same meanings as in section 5111.20 of the	74773
Revised Code.	74774

"Nursing facility services" means nursing facility services	74775
covered by the Medicaid program that a nursing facility provides	74776
to a resident of the nursing facility who is a Medicaid recipient	74777
eligible for Medicaid-covered nursing facility services.	74778

(B) Except as otherwise provided by this section, the	74779
provider of a nursing facility that has a valid Medicaid provider	74780
agreement on June 30, 2007, and a valid Medicaid provider	74781
agreement during fiscal year 2008 shall be paid, for nursing	74782
facility services the nursing facility provides during fiscal year	74783
2008, the rate calculated for the nursing facility under sections	74784
5111.20 to 5111.33 of the Revised Code with the following	74785
adjustments:	74786

(1) The cost per case mix-unit calculated under section	74787
5111.231 of the Revised Code, the rate for ancillary and support	74788
costs calculated under section 5111.24 of the Revised Code, the	74789
rate for capital costs calculated under section 5111.25 of the	74790
Revised Code, and the rate for tax costs calculated under section	74791
5111.242 of the Revised Code shall each be adjusted as follows:	74792

(a) Increase the cost and rates so calculated by two per	74793
cent;	74794

(b) Increase the cost and rates determined under division	74795
(B)(1)(a) of this section by two per cent;	74796

(c) Increase the cost and rates determined under division	74797
(B)(1)(b) of this section by one per cent.	74798

(2) The mean payment used in the calculation of the quality	74799
incentive payment made under section 5111.244 of the Revised Code	74800
shall be, weighted by Medicaid days, three dollars and three cents	74801
per Medicaid day.	74802

(C) If the rate determined for a nursing facility under	74803
division (B) of this section for nursing facility services	74804
provided during fiscal year 2008 is more than one hundred two and	74805
seventy-five hundredths per cent of the rate the provider is paid	74806
for nursing facility services the nursing facility provides on	74807
June 30, 2007, the Department of Job and Family Services shall	74808
reduce the nursing facility's fiscal year 2008 rate so that the	74809
rate is not more than one hundred two and seventy-five hundredths	74810
per cent of the nursing facility's rate for June 30, 2007. If the	74811
rate determined for a nursing facility under division (B) of this	74812
section for nursing facility services provided during fiscal year	74813
2008 is less than the rate the provider is paid for nursing	74814
facility services the nursing facility provides on June 30, 2007,	74815
the Department shall increase the nursing facility's fiscal year	74816
2008 rate so that the rate is not less than the nursing facility's	74817
rate for June 30, 2007.	74818

(D) If the United States Centers for Medicare and Medicaid	74819
Services requires that the franchise permit fee be reduced or	74820
eliminated, the Department of Job and Family Services shall reduce	74821
the amount it pays providers of nursing facility services under	74822
this section as necessary to reflect the loss to the state of the	74823
revenue and federal financial participation generated from the	74824
franchise permit fee.	74825

(E) The Department of Job and Family Services shall follow	74826
this section in determining the rate to be paid to the provider of	74827
a nursing facility that has a valid Medicaid provider agreement on	74828
June 30, 2007, and a valid Medicaid provider agreement during	74829
fiscal year 2008 notwithstanding anything to the contrary in	74830
sections 5111.20 to 5111.33 of the Revised Code.	74831

Section 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT	74832
SYSTEM FOR NURSING FACILITIES	74833

(A) As used in this section:

74834

"Franchise permit fee," "Medicaid days," "nursing facility,"	74835
and "provider" have the same meanings as in section 5111.20 of the	74836
Revised Code.	74837

"Nursing facility services" means nursing facility services	74838
covered by the Medicaid program that a nursing facility provides	74839
to a resident of the nursing facility who is a Medicaid recipient	74840
eligible for Medicaid-covered nursing facility services.	74841

(B) Except as otherwise provided by this section, the	74842
provider of a nursing facility that has a valid Medicaid provider	74843
agreement on June 30, 2008, and a valid Medicaid provider	74844
agreement during fiscal year 2009 shall be paid, for nursing	74845
facility services the nursing facility provides during fiscal year	74846
2009, the rate calculated for the nursing facility under sections	74847
5111.20 to 5111.33 of the Revised Code with the following	74848
adjustments:	74849

(1) The cost per case mix-unit calculated under section	74850
5111.231 of the Revised Code, the rate for ancillary and support	74851
costs calculated under section 5111.24 of the Revised Code, the	74852
rate for capital costs calculated under section 5111.25 of the	74853
Revised Code, and the rate for tax costs calculated under section	74854
5111.242 of the Revised Code shall each be adjusted as follows:	74855

(a) Increase the cost and rates so calculated by two per	74856
cent;	74857

(b) Increase the cost and rates determined under division	74858
(B)(1)(a) of this section by two per cent;	74859

(c) Increase the cost and rates determined under division	74860
(B)(1)(b) of this section by one per cent.	74861

(2) The mean payment used in the calculation of the quality	74862
incentive payment made under section 5111.244 of the Revised Code	74863
shall be, weighted by Medicaid days, three dollars and three cents	74864
per Medicaid day.	74865

(C) If the rate determined for a nursing facility under	74866
division (B) of this section for nursing facility services	74867
provided during fiscal year 2009 is more than one hundred two and	74868
seventy-five hundredths per cent of the rate the provider is paid	74869
for nursing facility services the nursing facility provides on	74870
June 30, 2008, the Department of Job and Family Services shall	74871
reduce the nursing facility's fiscal year 2009 rate so that the	74872
rate is not more than one hundred two and seventy-five hundredths	74873
per cent of the nursing facility's rate for June 30, 2008. If the	74874
rate determined for a nursing facility under division (B) of this	74875
section for nursing facility services provided during fiscal year	74876
2009 is less than the rate the provider is paid for nursing	74877
facility services the nursing facility provides on June 30, 2008,	74878
the Department shall increase the nursing facility's fiscal year	74879
2009 rate so that the rate is not less than the nursing	74880
facility's rate for June 30, 2008.	74881

(D) If the United States Centers for Medicare and Medicaid	74882
Services requires that the franchise permit fee be reduced or	74883
eliminated, the Department of Job and Family Services shall reduce	74884
the amount it pays providers of nursing facility services under	74885
this section as necessary to reflect the loss to the state of the	74886
revenue and federal financial participation generated from the	74887
franchise permit fee.	74888

(E) The Department of Job and Family Services shall follow	74889
this section in determining the rate to be paid to the provider of	74890
a nursing facility that has a valid Medicaid provider agreement on	74891
June 30, 2008, and a valid Medicaid provider agreement during	74892
fiscal year 2009 notwithstanding anything to the contrary in	74893
sections 5111.20 to 5111.33 of the Revised Code.	74894

Section 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID	74895
REIMBURSEMENT SYSTEM FOR ICFs/MR	74896

(A) As used in this section:

74897

"Intermediate care facility for the mentally retarded" has	74898
the same meaning as in section 5111.20 of the Revised Code.	74899

"Medicaid days" means all days during which a resident who is	74900
a Medicaid recipient occupies a bed in an intermediate care	74901
facility for the mentally retarded that is included in the	74902
facility's Medicaid-certified capacity. Therapeutic or hospital	74903
leave days for which payment is made under section 5111.33 of the	74904
Revised Code are considered Medicaid days proportionate to the	74905
percentage of the intermediate care facility for the mentally	74906
retarded's per resident per day rate paid for those days.	74907

"Per diem rate" means the per diem rate calculated pursuant	74908
to sections 5111.20 to 5111.33 of the Revised Code.	74909

(B) Notwithstanding sections 5111.20 to 5111.33 of the	74910
Revised Code, rates paid to intermediate care facilities for the	74911
mentally retarded under the Medicaid program shall be subject to	74912
the following limitations:	74913

(1) For fiscal year 2008, the mean total per diem rate for	74914
all intermediate care facilities for the mentally retarded in the	74915
state, weighted by May 2007 Medicaid days and calculated as of	74916
July 1, 2007, shall not exceed $266.14.	74917

(2) For fiscal year 2009, the mean total per diem rate for	74918
all intermediate care facilities for the mentally retarded in the	74919
state, weighted by May 2008 Medicaid days and calculated as of	74920
July 1, 2008, shall not exceed $271.46.	74921

(3) If the mean total per diem rate for all intermediate care	74922
facilities for the mentally retarded in the state for fiscal year	74923
2008 or 2009, weighted by Medicaid days as specified in division	74924
(B)(1) or (2) of this section, as appropriate, and calculated as	74925
of the first day of July of the calendar year in which the fiscal	74926
year begins, exceeds the amount specified in division (B)(1) or	74927
(2) of this section, as applicable, the Department of Job and	74928
Family Services shall reduce the total per diem rate for each	74929
intermediate care facility for the mentally retarded in the state	74930
by a percentage that is equal to the percentage by which the mean	74931
total per diem rate exceeds the amount specified in division	74932
(B)(1) or (2) of this section for that fiscal year.	74933

(4) Subsequent to any reduction required by division (B)(3)	74934
of this section, the rate of an intermediate care facility for the	74935
mentally retarded shall not be subject to any adjustments	74936
authorized by sections 5111.20 to 5111.33 of the Revised Code	74937
during the remainder of the year.	74938

Section 309.30.41. ADDITIONAL COMPENSATION FOR NURSING	74939
FACILITY CAPITAL COSTS	74940

The foregoing appropriation item 600-529, Capital	74941
Compensation Program, shall be used to make payments to nursing	74942
facilities under the section of this act entitled "FISCAL YEARS	74943
2008 AND 2009 PAYMENTS TO CERTAIN NURSING FACILITIES."	74944

The unencumbered balance of appropriation item 600-529,	74945
Capital Compensation Program, at the end of fiscal year 2008 is	74946
hereby appropriated to fiscal year 2009 for use under the same	74947
appropriation item.	74948

Section 309.30.42. FISCAL YEARS 2008 AND 2009 PAYMENTS TO	74949
CERTAIN NURSING FACILITIES	74950

(A) As used in this section:

74951

"Capital costs," "cost of ownership," and "renovation" have	74952
the same meanings as in section 5111.20 of the Revised Code as	74953
that section existed on June 30, 2005.	74954

"Change of operator" has the same meaning as in section	74955
5111.65 of the Revised Code.	74956

"Inpatient days," "Medicaid days," and "nursing facility"	74957
have the same meanings as in section 5111.20 of the Revised Code.	74958

"Reviewable activity" has the same meaning as in section	74959
3702.51 of the Revised Code.	74960

(B) The following qualify for per diem payments under this	74961
section:	74962

(1) A nursing facility to which both of the following apply:

74963

(a) Both of the following occurred during fiscal year 2006,	74964
2007, or 2008:	74965

(i) The facility obtained certification as a nursing facility	74966
from the Director of Health.	74967

(ii) The facility began participating in the Medicaid	74968
program.	74969

(b) An application for a certificate of need for the nursing	74970
facility was filed with the Director of Health before June 15,	74971
2005.	74972

(2) A nursing facility to which all of the following apply:

74973

(a) The nursing facility does not qualify for a payment	74974
pursuant to division (B)(1) of this section.	74975

(b) The nursing facility, before June 30, 2008, completed a	74976
capital project for which a certificate of need was filed with the	74977
Director of Health before June 15, 2005, and for which at least	74978
one of the following occurred before July 1, 2005, or, if the	74979
capital project is undertaken to comply with rules adopted by the	74980
Public Health Council regarding resident room size or occupancy,	74981
before June 30, 2007:	74982

(i) Any materials or equipment for the capital project were	74983
delivered;	74984

(ii) Preparations for the physical site of the capital	74985
project, including, if applicable, excavation, began;	74986

(iii) Actual work on the capital project began.

74987

(c) The costs of the capital project are not fully reflected	74988
in the capital costs portion of the nursing facility's Medicaid	74989
reimbursement per diem rate on June 30, 2005.	74990

(d) The nursing facility files a three-month projected	74991
capital cost report with the Director of Job and Family Services	74992
not later than ninety days after the later of March 30, 2006, or	74993
the date the capital project is completed.	74994

(3) A nursing facility that, before June 30, 2008, completed	74995
an activity to which all of the following apply:	74996

(a) A request was filed with the Director of Health before	74997
July 1, 2005, for a determination of whether the activity is a	74998
reviewable activity and the Director determined that the activity	74999
is not a reviewable activity.	75000

(b) At least one of the following occurred before July 1,	75001
2005, or, if the nursing facility undertakes the activity to	75002
comply with rules adopted by the Public Health Council regarding	75003
resident room size or occupancy, before June 30, 2007:	75004

(i) Any materials or equipment for the activity were	75005
delivered.	75006

(ii) Preparations for the physical site of the activity,	75007
including, if applicable, excavation, began.	75008

(iii) Actual work on the activity began.

75009

(c) The costs of the activity are not fully reflected in the	75010
capital costs portion of the nursing facility's Medicaid	75011
reimbursement per diem rate on June 30, 2005.	75012

(d) The nursing facility files a three-month projected	75013
capital cost report with the Director of Job and Family Services	75014
not later than ninety days after the later of March 30, 2006, or	75015
the date the activity is completed.	75016

(4) A nursing facility that, before June 30, 2008, completed	75017
a renovation to which all of the following apply:	75018

(a) The Director of Job and Family Services approved the	75019
renovation before July 1, 2005.	75020

(b) At least one of the following occurred before July 1,	75021
2005, or, if the nursing facility undertakes the renovation to	75022
comply with rules adopted by the Public Health Council regarding	75023
resident room size or occupancy, before June 30, 2007:	75024

(i) Any materials or equipment for the renovation were	75025
delivered.	75026

(ii) Preparations for the physical site of the renovation,	75027
including, if applicable, excavation, began.	75028

(iii) Actual work on the renovation began.

75029

(c) The costs of the renovation are not fully reflected in	75030
the capital costs portion of the nursing facility's Medicaid	75031
reimbursement per diem rate on June 30, 2005.	75032

(d) The nursing facility files a three-month projected	75033
capital cost report with the Director of Job and Family Services	75034
not later than ninety days after the later of March 30, 2006, or	75035
the date the renovation is completed.	75036

(C) If a nursing facility qualifies for per diem payments	75037
pursuant to division (B)(1) of this section for fiscal year 2008,	75038
the nursing facility's per diem payments under this section for	75039
fiscal year 2008 shall equal the difference between the capital	75040
costs portion of the nursing facility's Medicaid reimbursement per	75041
diem rate determined under Section 309.30.20 of this act and the	75042
lesser of the following:	75043

(1) Eighty-eight and sixty-five hundredths per cent of the	75044
nursing facility's cost of ownership as reported on a three-month	75045
projected capital cost report divided by the greater of the number	75046
of inpatient days the nursing facility is expected to have during	75047
the period covered by the projected capital cost report or the	75048
number of inpatient days the nursing facility would have during	75049
that period if the nursing facility's occupancy rate was eighty	75050
per cent.	75051

(2) The maximum capital per diem rate in effect for fiscal	75052
year 2005 for nursing facilities.	75053

(D) If a nursing facility qualifies for per diem payments	75054
pursuant to division (B)(1) of this section for fiscal year 2009,	75055
the nursing facility's per diem payments under this section for	75056
fiscal year 2009 shall equal the difference between the capital	75057
costs portion of the nursing facility's Medicaid reimbursement per	75058
diem rate determined under Section 309.30.30 of this act and the	75059
lesser of the following:	75060

(1) Eighty-eight and sixty-five hundredths per cent of the	75061
nursing facility's cost of ownership as reported on a three-month	75062
projected capital cost report divided by the greater of the number	75063
of inpatient days the nursing facility is expected to have during	75064
the period covered by the projected capital cost report or the	75065
number of inpatient days the nursing facility would have during	75066
that period if the nursing facility's occupancy rate was eighty	75067
per cent.	75068

(2) The maximum capital per diem rate in effect for fiscal	75069
year 2005 for nursing facilities.	75070

(E) The per diem payments paid for fiscal year 2008 to a	75071
nursing facility that qualifies for the payments pursuant to	75072
division (B)(2) or (3) of this section shall equal the difference	75073
between the capital costs portion of the nursing facility's	75074
Medicaid reimbursement per diem rate determined under Section	75075
309.30.20 of this act and the lesser of the following:	75076

(1) Eighty-eight and sixty-five hundredths per cent of the	75077
nursing facility's cost of ownership as reported on a three-month	75078
projected capital cost report divided by the greater of the number	75079
of inpatient days the nursing facility is expected to have during	75080
the period covered by the projected capital cost report or the	75081
number of inpatient days the nursing facility would have during	75082
that period if the nursing facility's occupancy rate was	75083
ninety-five per cent.	75084

(2) The maximum capital per diem rate in effect for fiscal	75085
year 2005 for nursing facilities.	75086

(F) The per diem payments paid for fiscal year 2009 to a	75087
nursing facility that qualifies for the payments pursuant to	75088
division (B)(2) or (3) of this section shall equal the difference	75089
between the capital costs portion of the nursing facility's	75090
Medicaid reimbursement per diem rate determined under Section	75091
309.30.30 of this act and the lesser of the following:	75092

(1) Eighty-eight and sixty-five hundredths per cent of the	75093
nursing facility's cost of ownership as reported on a three-month	75094
projected capital cost report divided by the greater of the number	75095
of inpatient days the nursing facility is expected to have during	75096
the period covered by the projected capital cost report or the	75097
number of inpatient days the nursing facility would have during	75098
that period if the nursing facility's occupancy rate was	75099
ninety-five per cent.	75100

(2) The maximum capital per diem rate in effect for fiscal	75101
year 2005 for nursing facilities.	75102

(G) The per diem payments paid to a nursing facility that	75103
qualifies for the payments pursuant to division (B)(4) of this	75104
section shall equal eighty-five per cent of the nursing facility's	75105
capital costs for the renovation as reported on a three-month	75106
projected capital cost report divided by the greater of the number	75107
of inpatient days the nursing facility is expected to have during	75108
the period covered by the projected capital cost report or the	75109
number of inpatient days the nursing facility would have during	75110
that period if the nursing facility's occupancy rate was	75111
ninety-five per cent.	75112

(H) All of the following apply to the per diem payments made	75113
under this section:	75114

(1) All nursing facilities' eligibility for the payments	75115
shall cease at the earlier of the following:	75116

(a) July 1, 2009;

75117

(b) The date that the total amount of the payments equals	75118
seven million dollars.	75119

(2) The payments made for the last quarter that the payments	75120
are made may be reduced proportionately as necessary to avoid	75121
spending more than seven million dollars under this section.	75122

(3) The per diem payments shall be made for quarterly periods	75123
by multiplying the per diem determined for a nursing facility by	75124
the number of Medicaid days the nursing facility has for the	75125
quarter the payment is made.	75126

(4) Any per diem payments to be made to a nursing facility	75127
for a quarter ending before July 2008 shall be made not later	75128
than September 30, 2008.	75129

(5) Any per diem payments to be made to a nursing facility	75130
for a quarter beginning after June 2008 shall be made not later	75131
than three months after the last day of the quarter for which the	75132
payments are made.	75133

(6) A change of operator shall not cause the payments to a	75134
nursing facility to cease.	75135

(7) The payments shall only be made to a nursing facility for	75136
the quarters during fiscal years 2008 and 2009 for which the	75137
nursing facility has a valid Medicaid provider agreement.	75138

(8) The payments shall be in addition to a nursing facility's	75139
Medicaid reimbursement per diem rate calculated under Section	75140
309.30.20 or 309.30.30 of this act.	75141

(I) The Director of Job and Family Services shall monitor, on	75142
a quarterly basis, the per diem payments made to nursing	75143
facilities under this section to ensure that not more than a	75144
total of seven million dollars is spent under this section.	75145

(J) The determinations that the Director of Job and Family	75146
Services makes under this section are not subject to appeal under	75147
Chapter 119. of the Revised Code.	75148

(K) The Director of Job and Family Services may adopt rules	75149
in accordance with Chapter 119. of the Revised Code as necessary	75150
to implement this section. The Director's failure to adopt the	75151
rules does not affect the requirement that the per diem payments	75152
be made under this section.	75153

Section 309.30.45. INCREASE IN MEDICAID RATES FOR PASSPORT	75154
AND CHOICES SERVICES	75155

(A) As used in this section:

75156

"Choices program" means the home and community-based services	75157
Medicaid waiver component, as defined in section 5111.851 of the	75158
Revised Code, that is known as the Choices program and	75159
administered by the Department of Aging.	75160

"PASSPORT program" means the program created under section	75161
173.40 of the Revised Code.	75162

(B) The Director of Job and Family Services shall amend the	75163
rules adopted under section 5111.85 of the Revised Code as	75164
necessary to accomplish the following:	75165

(1) Increase, for fiscal year 2008, the Medicaid	75166
reimbursement rates for services provided under the PASSPORT	75167
program and services provided under the choices program to rates	75168
that result in an amount that is three per cent higher than the	75169
amount resulting from the rates in effect June 30, 2007.	75170

(2) Increase, for fiscal year 2009, the Medicaid	75171
reimbursement rates for services provided under the PASSPORT	75172
program and services provided under the choices program to rates	75173
that result in an amount that is three per cent higher than the	75174
amount resulting from the rates in effect June 30, 2008.	75175

Section 309.30.50. HOME FIRST PROGRAM

75176

(A) On a quarterly basis, on receipt of the certified	75177
expenditures related to section 173.401 of the Revised Code, the	75178
Director of Budget and Management shall do all of the following	75179
for fiscal years 2008 and 2009:	75180

(1) Transfer the state share of the amount of the actual	75181
expenditures from GRF appropriation item 600-525, Health	75182
Care/Medicaid, to GRF appropriation item 490-403, PASSPORT;	75183

(2) Increase the appropriation in Ohio Department of Aging	75184
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal	75185
share of the amount of the actual expenditures;	75186

(3) Increase the appropriation in JFS Fund 3G5, appropriation	75187
item 600-655, Interagency Reimbursement, by the federal share of	75188
the amount of the actual expenditures.	75189

The funds that the Director of Budget and Management	75190
transfers and increases under this division are hereby	75191
appropriated.	75192

(B) The individuals placed in the PASSPORT program pursuant	75193
to this section shall be in addition to the individuals placed in	75194
the PASSPORT program during fiscal years 2008 and 2009 based on	75195
the amount of money that is in GRF appropriation item 490-403,	75196
PASSPORT; Fund 4J4, appropriation item 490-610,	75197
PASSPORT/Residential State Supplement; Fund 4U9, appropriation	75198
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item	75199
490-607, PASSPORT, before any transfers to GRF appropriation item	75200
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607,	75201
PASSPORT, are made under this section.	75202

Section 309.30.53. RESIDENTIAL STATE SUPPLEMENT TRANSFER

75203

On a quarterly basis, on receipt of the certified residential	75204
state supplement costs related to section 173.351 of the Revised	75205
Code, the Director of Budget and Management shall do the	75206
following:	75207

(A) Transfer the state share of the amount of the estimated	75208
costs from GRF appropriation item 600-525, Health Care/Medicaid,	75209
to GRF appropriation item 490-412, Residential State Supplement;	75210

(B) The Department of Aging may transfer cash by intrastate	75211
transfer vouchers from the foregoing appropriation item 490-412,	75212
Residential State Supplement, and 490-610, PASSPORT/Residential	75213
State Supplement, to the Department of Job and Family Services	75214
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	75215
funds shall be used to make benefit payments to Residential State	75216
Supplement recipients.	75217

The funds that the Director of Budget and Management	75218
transfers and increases under this division are hereby	75219
appropriated.	75220

Section 309.30.60. MEDICAID COVERAGE OF CHIROPRACTIC SERVICES

75221

(A) As used in this section, "adult Medicaid recipient" means	75222
a Medicaid recipient twenty-two years of age or older.	75223

(B) For the period beginning January 1, 2008, and ending June	75224
30, 2009, and subject to division (C) of this section, the	75225
Medicaid Program shall cover chiropractic services for adult	75226
Medicaid recipients in an amount, duration, and scope specified in	75227
rules that the Director of Job and Family Services shall adopt	75228
under section 5111.02 of the Revised Code.	75229

(C) The Medicaid Program's coverage of chiropractic services	75230
under this section shall be limited to fifteen visits per adult	75231
Medicaid recipient per fiscal year.	75232

Section 309.30.70. MONEY FOLLOWS THE PERSON

75233

(A) Subject to division (B) of this section, the Director of	75234
Budget and Management may do any of the following in support of	75235
any home and community-based services waiver program:	75236

(1) Create new funds and account appropriation items to	75237
support and track funds associated with a unified long-term care	75238
budget;	75239

(2) Transfer funds among affected agencies and adjust	75240
corresponding appropriation levels;	75241

(3) Develop a reporting mechanism to show clearly how the	75242
funds are being transferred and expended.	75243

(B) Before an action may be taken under division (A) of this	75244
section, the Director shall present the proposed action to the	75245
Controlling Board. The Controlling Board shall review the proposed	75246
action and either approve or disapprove the action. The Director	75247
shall not implement the proposed action unless the action is	75248
approved by the Controlling Board.	75249

Section 309.30.90. MEDICAID ELIGIBILITY FOR PREGNANT WOMEN

75250

The Director of Job and Family Services shall, not later than	75251
ninety days after the effective date of this section, submit to	75252
the United States Secretary of Health and Human Services an	75253
amendment to the state Medicaid plan to increase to two hundred	75254
per cent of the federal poverty guidelines the income limit	75255
specified in division (A)(2) of section 5111.014 of the Revised	75256
Code. The increase shall be implemented not earlier than January	75257
1, 2008.	75258

* Section 309.30.95. MEDICAID BUY-IN ADVISORY COUNCIL

75259

The Director of Job and Family Services shall call the	75260
Medicaid Buy-In Advisory Council established under section	75261
5111.708 of the Revised Code to meet for the first time not later	75262
than sixty days after the effective date of this section.	75263

Section 309.31.10. MEDICARE PART D

75264

The foregoing appropriation item 600-526, Medicare Part D,	75265
may be used by the Department of Job and Family Services for the	75266
implementation and operation of the Medicare Part D requirements	75267
contained in the "Medicare Prescription Drug, Improvement, and	75268
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	75269
the request of the Department of Job and Family Services, the	75270
Director of Budget and Management may increase the state share of	75271
appropriations in either appropriation item 600-525, Health	75272
Care/Medicaid, or appropriation item 600-526, Medicare Part D,	75273
with a corresponding decrease in the state share of the other	75274
appropriation item to allow the Department of Job and Family	75275
Services to implement and operate the new Medicare Part D	75276
requirements. If the state share of appropriation item 600-525,	75277
Health Care/Medicaid, is adjusted, the Director of Budget and	75278
Management shall adjust the federal share accordingly.	75279

Section 309.31.13. INCREASE IN FISCAL YEAR 2008 DISPENSING	75280
FEE FOR MULTIPLE SOURCE DRUGS	75281

(A) As used in this section, "multiple source drug" has the	75282
same meaning as in 42 U.S.C. 1396r-8(k)(7).	75283

(B) Not later than thirty days after the effective date of	75284
the regulation that the United States Secretary of Health and	75285
Human Services must promulgate under Section 6001(c)(3) of the	75286
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, the Director	75287
of Job and Family Services shall analyze the fiscal impact that	75288
the federal upper reimbursement limits established under 42 U.S.C.	75289
1396r-8(e)(4), as amended by section 6001 of the "Deficit	75290
Reduction Act of 2005," will have on pharmacists in fiscal year	75291
2008. The fiscal impact analysis shall include a projection of the	75292
revenue a pharmacist is expected to lose during fiscal year 2008	75293
from each unit of multiple source drug dispensed to a Medicaid	75294
recipient.	75295

(C) Notwithstanding section 5111.071 of the Revised Code, and	75296
subject to division (D) of this section, the Director shall, not	75297
later than ten days after completing the analysis required by	75298
division (B) of this section, increase the dispensing fee to be	75299
paid to pharmacists with a valid Medicaid provider agreement for	75300
dispensing a multiple source drug to a Medicaid recipient in	75301
fiscal year 2008. The amount of the increase shall be determined	75302
in a manner that compensates pharmacists for the loss of revenue	75303
the Director projects, under division (B) of this section, that	75304
pharmacists, on average, will incur during fiscal year 2008.	75305

(D) The total amount the Director expends under division (C)	75306
of this section to pay the increase in the dispensing fee in	75307
fiscal year 2008 shall not exceed the total savings that the	75308
Medicaid program is projected to save in that year as a result of	75309
the changes to the federal upper reimbursement limits established	75310
in 42 U.S.C. 1396r-8(e)(4) that were enacted by section 6001 of	75311
the "Deficit Reduction Act of 2005."	75312

Section 309.31.16. INCREASE IN FISCAL YEAR 2009 DISPENSING	75313
FEE FOR MULTIPLE SOURCE DRUGS	75314

(A) As used in this section, "multiple source drug" has the	75315
same meaning as in 42 U.S.C. 1396r-8(k)(7).	75316

(B) Not later than March 15, 2008, the Director of Job and	75317
Family Services shall analyze the fiscal impact that the federal	75318
upper reimbursement limits established under 42 U.S.C.	75319
1396r-8(e)(4), as amended by section 6001 of the "Deficit	75320
Reduction Act of 2005," Pub. L. No. 109-171, will have on	75321
pharmacists in fiscal year 2009. The fiscal impact analysis shall	75322
include a projection of the revenue a pharmacist is expected to	75323
lose during fiscal year 2009 from each unit of multiple source	75324
drug dispensed to a Medicaid recipient.	75325

(C) Notwithstanding section 5111.071 of the Revised Code and	75326
subject to division (D) of this section, the Director shall, not	75327
later than ten days after completing the analysis required under	75328
division (B) of this section, increase the dispensing fee to be	75329
paid to pharmacists with a valid Medicaid provider agreement for	75330
dispensing a multiple source drug to a Medicaid recipient in	75331
fiscal year 2009. The amount of the increase shall be determined	75332
in a manner that compensates pharmacists for the loss of revenue	75333
the Director projects, under division (B) of this section, that	75334
pharmacists, on average, will incur during fiscal year 2009.	75335

(D) The total amount the Director expends under division (C)	75336
of this section to pay the increase in the dispensing fee in	75337
fiscal year 2009 shall not exceed the total savings that the	75338
Medicaid program is projected to save in that fiscal year as a	75339
result of the changes to the federal upper reimbursement limits	75340
established in 42 U.S.C. 1396r-8(e)(4) that were enacted by	75341
section 6001 of the "Deficit Reduction Act of 2005."	75342

Section 309.31.20. RESIDENT PROTECTION FUND

75343

If the Director of Budget and Management determines that the	75344
Resident Protection Fund created in section 5111.62 of the Revised	75345
Code has a cash balance, less encumbrances and appropriations, of	75346
more than $2,000,000, the Department of Job and Family Services or	75347
its designee may issue a competitive request for grant proposals	75348
to support projects that will benefit the residents of nursing	75349
facilities that have been found to have deficiencies. The	75350
directors of Job and Family Services, Health, and Aging or their	75351
designees shall determine priority categories for funding, make	75352
awards, and determine which of the three agencies should	75353
administer each grant. Based on these determinations, the Director	75354
of Budget and Management may transfer cash and appropriations	75355
matching the amount of each award to the appropriate agency. Any	75356
such transfers are hereby appropriated.	75357

Section 309.31.30. OHIO ACCESS SUCCESS PROJECT

75358

Notwithstanding any limitations in sections 3721.51 and	75359
3721.56 of the Revised Code, in each fiscal year, cash from Fund	75360
4J5, Home and Community-Based Services for the Aged, in excess of	75361
the amounts needed for the transfers may be used by the Department	75362
of Job and Family Services for the following purposes: (A) up to	75363
$1.0 million in each fiscal year to fund the state share of audits	75364
of nursing facilities and intermediate care facilities for the	75365
mentally retarded; and (B) up to $350,000 in each fiscal year to	75366
provide one-time transitional benefits under the Ohio Access	75367
Success Project that the Director of Job and Family Services may	75368
establish under section 5111.97 of the Revised Code.	75369

Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF	75370
AGING	75371

The Department of Job and Family Services shall transfer,	75372
through intrastate transfer vouchers, cash from Fund 4J5, Home and	75373
Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in	75374
the Department of Aging. The sum of the transfers shall be	75375
$33,263,984 in each fiscal year. The transfer may occur on a	75376
quarterly basis or on a schedule developed and agreed to by both	75377
departments.	75378

Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS

75379

(A) At least quarterly, the Director of Job and Family	75380
Services shall certify to the Director of Budget and Management	75381
both of the following:	75382

(1) The amount of offsets withheld under section 3721.541 of	75383
the Revised Code from payments made from the General Revenue Fund.	75384

(2) The amount of offsets withheld under section 5112.341 of	75385
the Revised Code from payments made from the General Revenue Fund.	75386

(B) The Director of Budget and Management may transfer cash	75387
from the General Revenue Fund to all of the following:	75388

(1) Fund 4J5, Home and Community Based Services/Aged Fund, or	75389
Fund 5R2, Nursing Facility Stabilization Fund, in accordance with	75390
sections 3721.56 and 3721.561 of the Revised Code;	75391

(2) Fund 4K1, ICF/MR Bed Assessments.

75392

(C) Amounts transferred pursuant to this section are hereby	75393
appropriated.	75394

Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	75395
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES	75396

The Department of Job and Family Services shall transfer,	75397
through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR	75398
Bed Assessments, to Fund 4K8, Home and Community-Based Services,	75399
in the Department of Mental Retardation and Developmental	75400
Disabilities. The amount transferred shall equal $12,000,000 in	75401
each fiscal year. The transfer may occur on a quarterly basis or	75402
on a schedule developed and agreed to by both departments.	75403

Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES

75404

Notwithstanding any limitations contained in sections 5112.31	75405
and 5112.37 of the Revised Code, in each fiscal year, cash from	75406
Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed	75407
for transfers to Fund 4K8, Home and Community-Based Services, in	75408
the Department of Mental Retardation and Developmental	75409
Disabilities, may be used by the Department of Job and Family	75410
Services to cover costs of care provided to participants in a	75411
waiver with an ICF/MR level of care requirement administered by	75412
the Department of Job and Family Services.	75413

Section 309.31.80. PAYMENTS FROM THE DEPARTMENT OF EDUCATION	75414
FOR MEDICAID SERVICES	75415

At the request of the Director of Job and Family Services,	75416
the Director of Budget and Management may increase the	75417
appropriation in appropriation item 600-639, Medicaid Revenue and	75418
Collections, by the amounts paid to the department pursuant to	75419
section 3317.023 of the Revised Code.	75420

Section 309.31.90. HOSPITAL CARE ASSURANCE MATCH

75421

Appropriation item 600-650, Hospital Care Assurance Match,	75422
shall be used by the Department of Job and Family Services solely	75423
for distributing funds to hospitals under section 5112.08 of the	75424
Revised Code.	75425

Section 309.32.10. HEALTH CARE SERVICES ADMINISTRATION FUND

75426

Of the amount received by the Department of Job and Family	75427
Services during fiscal year 2008 and fiscal year 2009 from the	75428
first installment of assessments paid under section 5112.06 of the	75429
Revised Code and intergovernmental transfers made under section	75430
5112.07 of the Revised Code, the Director of Job and Family	75431
Services shall deposit $350,000 in each fiscal year into the state	75432
treasury to the credit of the Health Care Services Administration	75433
Fund (Fund 5U3).	75434

Section 309.32.20. MEDICAID PROGRAM SUPPORT FUND - STATE

75435

The foregoing appropriation item 600-671, Medicaid Program	75436
Support, shall be used by the Department of Job and Family	75437
Services to pay for Medicaid services and contracts. The	75438
Department may also deposit to Fund 5C9 revenues received from	75439
other state agencies for Medicaid services under the terms of	75440
interagency agreements between the Department and other state	75441
agencies, and all funds the Department recovers because the	75442
benefits a person received under the disability medical assistance	75443
program established in section 5115.10 of the Revised Code were	75444
determined to be covered by the Medicaid Program established under	75445
Chapter 5111. of the Revised Code.	75446

Section 309.32.30. TRANSFERS OF IMD/DSH CASH TO THE	75447
DEPARTMENT OF MENTAL HEALTH	75448

The Department of Job and Family Services shall transfer,	75449
through intrastate transfer voucher, cash from Fund 5C9, Medicaid	75450
Program Support, to the Department of Mental Health's Fund 4X5,	75451
OhioCare, in accordance with an interagency agreement that	75452
delegates authority from the Department of Job and Family Services	75453
to the Department of Mental Health to administer specified	75454
Medicaid services.	75455

Section 309.32.40. PRESCRIPTION DRUG REBATE FUND

75456

The foregoing appropriation item 600-692, Health Care	75457
Services, shall be used by the Department of Job and Family	75458
Services to pay for Medicaid services and contracts.	75459

Section 309.32.50. DISABILITY DETERMINATION PROCESS

75460

Based on the recommendations made by the Disability	75461
Determination Consolidation Study Council, the Rehabilitation	75462
Services Commission and the Department of Job and Family Services	75463
shall work together to reduce the duplication of activities	75464
performed by each agency and develop a systems interface so that	75465
medical information for mutual clients may be transferred between	75466
the agencies.	75467

Section 309.32.60. PRIMARY CARE ALTERNATIVE TREATMENT PROGRAM

75468

The Director of Job and Family Services, not later than	75469
January 1, 2008, shall submit a report to the General Assembly on	75470
the Primary Alternative Care Treatment Program. The report shall	75471
compare the average monthly medical costs of current participants	75472
in the program with the average monthly costs of those individuals	75473
prior to participation in the program. Not later than January 1,	75474
2009, the Director shall submit an additional report on the total	75475
cost savings achieved through the program.	75476

Section 309.32.70. PHARMACEUTICAL REPORT

75477

The Director of Job and Family Services, not later than one	75478
year after the effective date of this section, shall submit a	75479
report to the General Assembly on the effect of Medicare Part D	75480
and the care management system established under section 5111.16	75481
of the Revised Code on the Supplemental Drug Rebate Program	75482
established under section 5111.081 of the Revised Code. The report	75483
shall evaluate the changing cost of pharmaceuticals for which	75484
supplemental rebates are made under the Supplemental Drug Rebate	75485
Program as a result of the high volume of drug purchases being	75486
transferred to Medicare Part D. The report shall include a review	75487
of the use of generic drugs by Medicaid recipients and cost	75488
savings to be achieved by increasing the use of generic drugs.	75489

Section 309.40. FAMILY STABILITY

75490

Section 309.40.10. WAIVER OF FOOD STAMP WORK REQUIREMENTS

75491

Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job	75492
and Family Services shall request that the United States Secretary	75493
of Agriculture waive the applicability of the work requirement of	75494
7 U.S.C. 2015(o)(2) during fiscal years 2008 and 2009 to food	75495
stamp benefit recipients who reside in a county of this state that	75496
the Department determines has an unemployment rate of over 10 per	75497
cent or does not have a sufficient number of jobs to provide	75498
employment for the recipients.	75499

Section 309.40.20. FOOD STAMPS TRANSFER

75500

On July 1, 2007, or as soon as possible thereafter, the	75501
Director of Budget and Management may transfer up to $1,000,000 in	75502
cash from Fund 384, Food Stamp Program, to Fund 5ES, Food	75503
Assistance.	75504

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	75505
BANKS	75506

As used in this section, "federal poverty guidelines" has the	75507
same meaning as in section 5101.46 of the Revised Code.	75508

Notwithstanding section 5101.46 of the Revised Code, the	75509
Department of Job and Family Services shall provide $5,500,000 in	75510
each fiscal year from the foregoing appropriation item 600-651,	75511
Second Harvest Food Banks, and $1,000,000 in each fiscal year from	75512
the foregoing appropriation item 600-659, TANF/Title XX Transfer	75513
(Fund 3W3), to the Ohio Association of Second Harvest Food Banks.	75514
The Department shall enter into a grant agreement with the Ohio	75515
Association of Second Harvest Food Banks to allow for the purchase	75516
of food and personal care products and the distribution of those	75517
products to agencies participating in the emergency food	75518
distribution program. Notwithstanding section 5101.46 of the	75519
Revised Code, the grant may permit the Ohio Association of Second	75520
Harvest Food Banks to use up to 5 per cent of the annual funding	75521
for administrative costs. As soon as possible after entering into	75522
a grant agreement at the beginning of each fiscal year, the	75523
Department may advance grant funds to the grantee under section	75524
5101.10 of the Revised Code and in accordance with federal law.	75525

Prior to entering into the grant agreement, the Ohio	75526
Association of Second Harvest Food Banks shall submit to the	75527
Department for approval a plan for the distribution of the food	75528
and personal care products to local food distribution agencies. If	75529
the plan meets the requirements and conditions established by the	75530
Department, the plan shall be incorporated into the grant	75531
agreement. The grant agreement shall also require the Ohio	75532
Association of Second Harvest Food Banks to ensure that local	75533
agencies will limit participation of individuals and families who	75534
receive any of the food and personal care products purchased with	75535
these funds to those who have an income at or below 200 per cent	75536
of the federal poverty guidelines. The Department and the Ohio	75537
Association of Second Harvest Food Banks shall agree on reporting	75538
requirements to be incorporated into the grant agreement,	75539
including a statement of expected performance outcomes from the	75540
Ohio Association of Second Harvest Food Banks and a requirement	75541
for their evaluation of their success in achieving those outcomes.	75542

Section 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE

75543

The foregoing appropriation item 600-658, Child Support	75544
Collections, shall be used by the Department of Job and Family	75545
Services to meet the TANF maintenance of effort requirements of 42	75546
U.S.C. 609(a)(7). When the state is assured that it will meet the	75547
maintenance of effort requirement, the Department of Job and	75548
Family Services may use funds from appropriation item 600-658,	75549
Child Support Collections, to support child support activities.	75550

Section 309.40.40. TANF INITIATIVES

75551

The Department of Job and Family Services, in accordance with	75552
sections 5101.80 and 5101.801 of the Revised Code, shall take the	75553
steps necessary, through interagency agreement, adoption of rules,	75554
or otherwise as determined by the Department, to implement and	75555
administer the Title IV-A programs identified in this section.	75556

KINSHIP PERMANENCY INCENTIVE PROGRAM

75557

Of the foregoing appropriation item 600-689, TANF Block Grant	75558
(Fund 3V6), up to $10 million per fiscal year shall be used to	75559
support the activities of the Kinship Permanency Incentive Program	75560
created under section 5101.802 of the Revised Code.	75561

The Department of Job and Family Services shall prepare	75562
reports concerning both of the following:	75563

(A) Stability and permanency outcomes for children for whom	75564
incentive payments are made under the Kinship Permanency Incentive	75565
Program;	75566

(B) The total amount of payments made under the Program,	75567
patterns of expenditures made per child under the Program, and	75568
cost savings realized through the Program from placement with	75569
kinship caregivers rather than other out-of-home placements.	75570

The Department shall submit a report to the Governor, the	75571
Speaker and Minority Leader of the House of Representatives, and	75572
the President and Minority Leader of the Senate not later than	75573
December 31, 2008, and December 31, 2010.	75574

OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

75575

Of the foregoing appropriation item 600-689, TANF Block Grant	75576
(Fund 3V6), up to $2,000,000 in each fiscal year shall be used to	75577
reimburse the Ohio Alliance of Boys and Girls Clubs pursuant to	75578
section 5101.801 of the Revised Code to provide after-school	75579
programs that protect at-risk children and enable youth to become	75580
responsible adults. The Ohio Alliance of Boys and Girls Clubs	75581
shall provide nutritional meals, snacks, and educational, youth	75582
development, and career development services to TANF eligible	75583
children participating in programs and activities operated by	75584
eligible Boys and Girls Clubs.	75585

The Department of Job and Family Services and the Ohio	75586
Alliance of Boys and Girls Clubs shall agree on reporting	75587
requirements to be incorporated into the grant agreement.	75588

SUMMER AND AFTER-SCHOOL PROGRAMS

75589

Of the foregoing appropriation item 600-689, TANF Block Grant	75590
(Fund 3V6), up to $10,000,000 in each fiscal year shall be used	75591
for summer and after-school programs and services for TANF	75592
eligible youth served through community-based organizations,	75593
faith-based organizations, and schools pursuant to section	75594
5101.801 of the Revised Code to provide academic support not	75595
available during the regular school day, nutrition,	75596
transportation, youth development activities, drug and violence	75597
prevention programs, counseling programs, technology education,	75598
and character education programs. Any moneys from the federal TANF	75599
Block Grant used for this purpose shall be provided on a	75600
reimbursement basis.	75601

CHILDREN'S HUNGER ALLIANCE

75602

Of the foregoing appropriation item 600-689, TANF Block Grant	75603
(Fund 3V6), up to $1,000,000 in each fiscal year shall be	75604
reimbursed to the Children's Hunger Alliance pursuant to section	75605
5101.801 of the Revised Code for Child Nutrition Program outreach	75606
efforts.	75607

SCHOOL READINESS ENRICHMENT

75608

Of the foregoing appropriation item 600-689, TANF Block Grant	75609
(Fund 3V6), up to $6,500,000 in each fiscal year shall be used for	75610
TANF eligible activities pursuant to section 5101.801 of the	75611
Revised Code to provide intervention services to prepare children	75612
for kindergarten. Any moneys from the federal TANF Block Grant	75613
used for this purpose shall be provided on a reimbursement basis.	75614

FOOD BANKS

75615

Of the foregoing appropriation item 600-689, TANF Block Grant	75616
(Fund 3V6), up to $1,500,000 in each fiscal year shall be used to	75617
reimburse the Ohio network of food banks pursuant to section	75618
5101.801 of the Revised Code for purchases and distribution of	75619
food products.	75620

GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES

75621

Of the foregoing appropriation item 600-689, TANF Block Grant	75622
(Fund 3V6), up to $13,000,000 in each fiscal year shall be used to	75623
reimburse the Governor's Office for Faith-Based and Community	75624
Initiatives pursuant to section 5101.801 of the Revised Code for	75625
projects designed to serve the state's most vulnerable citizens.	75626

ADOPTION PROMOTION

75627

Of the foregoing appropriation item 600-689, TANF Block Grant	75628
(Fund 3V6), up to $5,000,000 in each fiscal year shall be used for	75629
TANF eligible activities pursuant to section 5101.801 of the	75630
Revised Code to provide additional support for initiatives aimed	75631
at increasing the number of adoptions including recruiting,	75632
promoting, and supporting adoptive families.	75633

INDEPENDENT LIVING INITIATIVES

75634

Of the foregoing appropriation item 600-689, TANF Block Grant	75635
(Fund 3V6), up to $2,500,000 in each fiscal year shall be used for	75636
TANF eligible activities pursuant to section 5101.801 of the	75637
Revised Code to support the independent living initiative,	75638
including life skills training and work supports for older	75639
children in foster care and those who have recently aged out of	75640
foster care.	75641

CLOSING THE ACHIEVEMENT GAP

75642

Of the foregoing appropriation item 600-689, TANF Block Grant	75643
(Fund 3V6), up to $10,000,000 in each fiscal year shall be used	75644
for TANF eligible activities pursuant to section 5101.801 of the	75645
Revised Code to provide intervention services aimed at improving	75646
the African-American male graduation rate. Any moneys from the	75647
federal TANF Block Grant used for this purpose shall be provided	75648
on a reimbursement basis.	75649

FREESTORE FOODBANK - BARIS PROGRAM

75650

Of the foregoing appropriation item 600-689, TANF Block Grant	75651
(Fund 3V6), up to $800,000 in fiscal year 2008 shall be used to	75652
reimburse, in accordance with section 5101.801 of the Revised	75653
Code, the Freestore Foodbank for continuation of the Benefits	75654
Acquisition Results in Self Sufficiency (BARIS) project. Any	75655
amount of this earmark that remains unspent at the end of fiscal	75656
year 2008 may be transferred to fiscal year 2009. The opportunity	75657
for reimbursement for the purposes for which this earmark is	75658
intended shall expire June 30, 2009.	75659

FAMILY SERVICE OF THE CINCINNATI AREA

75660

Of the foregoing appropriation item 600-689, TANF Block Grant	75661
(Fund 3V6), up to $50,000 in fiscal year 2008 shall be used to	75662
reimburse, in accordance with section 5101.801 of the Revised	75663
Code, Family Service of the Cincinnati Area for the International	75664
Family Resource Center program. Any amount of this earmark that	75665
remains unspent at the end of fiscal year 2008 may be transferred	75666
to fiscal year 2009. The opportunity for reimbursement for the	75667
purposes for which this earmark is intended shall expire June 30,	75668
2009.	75669

PARENT MENTORS

75670

Of the foregoing appropriation item 600-689, TANF Block Grant	75671
(Fund 3V6), up to $250,000 in fiscal year 2008 shall be used to	75672
reimburse the Department of Education pursuant to section 5101.801	75673
of the Revised Code for providing funding for an additional ten	75674
parent mentors. This additional support for parent mentors shall	75675
be aimed at increasing support for parents with children who have	75676
special needs, thereby reducing stress on the family and	75677
encouraging the maintenance of two parent families. Such funding	75678
shall be in addition to that which is provided for parent	75679
mentoring programs in GRF appropriation item 200-540, Special	75680
Education Enhancements, in the Department of Education.	75681

ACCOUNTABILITY AND CREDIBILITY TOGETHER

75682

Of the foregoing appropriation item 600-689, TANF Block	75683
Grant, up to $2,000,000 in fiscal year 2008 shall be reimbursed to	75684
Accountability and Credibility Together (ACT) to continue its	75685
welfare diversion program to TANF eligible individuals pursuant to	75686
section 5101.801 of the Revised Code. Any amount of this earmark	75687
that remains unspent at the end of fiscal year 2008 may be	75688
transferred to fiscal year 2009. The opportunity for reimbursement	75689
for the purposes for which this earmark is intended shall expire	75690
June 30, 2009.	75691

AMERICAN ACADEMY OF PEDIATRICS

75692

Of the foregoing appropriation item 600-689, TANF Block Grant	75693
(Fund 3V6), up to $200,000 in fiscal year 2008 shall be used to	75694
reimburse, in accordance with section 5101.801 of the Revised	75695
Code, the American Academy of Pediatrics for the Reach Out and	75696
Read program. Any amount of this earmark that remains unspent at	75697
the end of fiscal year 2008 may be transferred to fiscal year	75698
2009. The opportunity for reimbursement for the purposes for which	75699
this earmark is intended shall expire June 30, 2009.	75700

HOME WEATHERIZATION

75701

Of the foregoing appropriation item 600-689, TANF Block Grant	75702
(Fund 3V6), up to $500,000 in each fiscal year shall be used to	75703
reimburse, in accordance with section 5101.801 of the Revised	75704
Code, the Corporation for Ohio Appalachian Development for home	75705
weatherization.	75706

PROVIDENCE HOUSE

75707

Of the foregoing appropriation item 600-689, TANF Block Grant	75708
(Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to	75709
reimburse, in accordance with section 5101.801 of the Revised	75710
Code, the Providence House for providing crisis intervention	75711
services for children who are at risk of abuse and neglect.	75712

BUTLER COUNTY SUCCESS PLAN

75713

Of the foregoing appropriation item 600-689, TANF Block Grant	75714
(Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to	75715
provide reimbursement, in accordance with section 5101.801 of the	75716
Revised Code, for the Butler County Success Plan.	75717

AMERICAN RED CROSS-GREATER CLEVELAND CHAPTER AND THE BEREA	75718
CHILDREN'S HOME AND FAMILY SERVICES	75719

Of the foregoing appropriation item 600-689, TANF Block	75720
Grant, up to $2,063,000 in fiscal year 2008 shall be used to	75721
reimburse the American Red Cross-Greater Cleveland Chapter and the	75722
Berea Children's Home and Family Services in accordance with	75723
section 5101.801 of the Revised Code, for enrolling TANF eligible	75724
individuals in the Northeast Ohio Nurse Assistant Training	75725
Program, which will lead to employment opportunities in the	75726
healthcare field in a ten-county region. Any amount of this	75727
earmark that remains unspent at the end of fiscal year 2008 may be	75728
transferred to fiscal year 2009. The opportunity for reimbursement	75729
for the purposes for which this earmark is intended shall expire	75730
June 30, 2009.	75731

CENTER FOR FAMILIES AND CHILDREN RAPART YOUTH FELLOWSHIP	75732
PROGRAM	75733

Of the foregoing appropriation item 600-689, TANF Block	75734
Grant, up to $492,256 in fiscal year 2008 shall be used to	75735
reimburse the Center for Families and Children RapArt Youth	75736
Fellowship Program in accordance with section 5101.801 of the	75737
Revised Code for providing an after-school program that supports	75738
at-risk young adults and enables youth to become responsible	75739
adults. Any amount of this earmark that remains unspent at the end	75740
of fiscal year 2008 may be transferred to fiscal year 2009. The	75741
opportunity for reimbursement for the purposes for which this	75742
earmark is intended shall expire June 30, 2009.	75743

TALBERT HOUSE

75744

Of the foregoing appropriation item 600-689, TANF Block Grant	75745
(Fund 3V6), up to $200,000 in fiscal year 2008 shall be used to	75746
reimburse, in accordance with section 5101.801 of the Revised	75747
Code, the Talbert House for providing TANF eligible non-medical	75748
behavioral health services. Any amount of this earmark that	75749
remains unspent at the end of fiscal year 2008 may be transferred	75750
to fiscal year 2009. The opportunity for reimbursement for the	75751
purposes for which this earmark is intended shall expire June 30,	75752
2009.	75753

TANF EDUCATIONAL AWARDS PROGRAM

75754

Of the foregoing appropriation item 600-689, TANF Block Grant	75755
(Fund 3V6), up to $2,000,000 in each fiscal year shall be used to	75756
reimburse the Ohio Board of Regents pursuant to section 5101.801	75757
of the Revised Code for initiatives addressing postsecondary	75758
tuition and educational expenses not covered by other grant	75759
programs that target low-income students.	75760

CHABAD HOUSE

75761

Of the foregoing appropriation item 600-689, TANF Block Grant	75762
(Fund 3V6), up to $250,000 in fiscal year 2008 shall be used to	75763
reimburse, in accordance with section 5101.801 of the Revised	75764
Code, the Chabad House for the Friendship Circle program. Any	75765
amount of this earmark that remains unspent at the end of fiscal	75766
year 2008 may be transferred to fiscal year 2009. The opportunity	75767
for reimbursement for the purposes for which this earmark is	75768
intended shall expire June 30, 2009.	75769

COURT CLINIC FORENSIC SERVICES

75770

Of the foregoing appropriation 600-689, TANF Block Grant	75771
(Fund 3V6), up to $200,000 in fiscal year 2008 shall be used to	75772
reimburse, in accordance with section 5101.801 of the Revised	75773
Code, Court Clinic Forensic Services for establishment of an	75774
intense program of education, job training, and job placement to	75775
divert women from local jails and state prisons and to reduce	75776
recidivism. Any amount of this earmark that remains unspent at the	75777
end of fiscal year 2008 may be transferred to fiscal year 2009.	75778
The opportunity for reimbursement for the purposes for which this	75779
earmark is intended shall expire June 30, 2009.	75780

BIG BROTHERS BIG SISTERS

75781

Of the foregoing appropriation item 600-689, TANF Block Grant	75782
(Fund 3V6), up to $1,000,000 in fiscal year 2008 shall be used to	75783
reimburse Big Brothers Big Sisters of Central Ohio, in accordance	75784
with section 5101.801 of the Revised Code, for child mentoring	75785
services. Any amount of this earmark that remains unspent at the	75786
end of fiscal year 2008 may be transferred to fiscal year 2009.	75787
The opportunity for reimbursement for the purposes for which this	75788
earmark is intended shall expire June 30, 2009.	75789

WECO HOME PROGRAM

75790

Of the foregoing appropriation item 600-689, TANF Block Grant	75791
(Fund 3V6), up to $2,000,000 in fiscal year 2008 shall be used to	75792
reimburse, in accordance with section 5101.801 of the Revised	75793
Code, WECO Fund, Inc., for an individual development account	75794
program that helps participants purchase homes. Any amount of this	75795
earmark that remains unspent at the end of fiscal year 2008 may be	75796
transferred to fiscal year 2009. The opportunity for reimbursement	75797
for the purposes for which this earmark is intended shall expire	75798
June 30, 2009.	75799

ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE

75800

Of the foregoing appropriation item 600-689, TANF Block Grant	75801
(Fund 3V6), up to $650,000 in each fiscal year shall be used to	75802
reimburse, in accordance with section 5101.801 of the Revised	75803
Code, the Economic and Community Development Institute for	75804
matching funds provided to TANF eligible individuals through an	75805
individual development accounts program.	75806

EARLY CHILDHOOD EDUCATION PILOT

75807

Of the foregoing appropriation item 600-689, TANF Block Grant	75808
(Fund 3V6), up to $50,000 in each fiscal year shall be used to	75809
reimburse, in accordance with section 5101.801 of the Revised	75810
Code, the Alliance Early Childhood Education Pilot Project.	75811

OHIO COUNCIL OF URBAN LEAGUES

75812

Of the foregoing appropriation item 600-689, TANF Block Grant	75813
(Fund 3V6), up to $1,000,000 in fiscal year 2008 shall be used to	75814
reimburse the Ohio Council of Urban Leagues, in accordance with	75815
section 5101.801 of the Revised Code, for career development	75816
programs that provide opportunities for eligible individuals to	75817
develop a career path in a desired employment area. Any amount of	75818
this earmark that remains unspent at the end of fiscal year 2008	75819
may be transferred to fiscal year 2009. The opportunity for	75820
reimbursement for the purposes for which this earmark is intended	75821
shall expire June 30, 2009.	75822

A CULTURAL EXCHANGE

75823

Of the foregoing appropriation item 600-689, TANF Block Grant	75824
(Fund 3V6), up to $200,000 in fiscal year 2008 shall be used to	75825
reimburse, in accordance with section 5101.801 of the Revised	75826
Code, A Cultural Exchange for continuation of the TANF	75827
demonstration project, Bank on Book: Investing in our Families.	75828

HOME ENERGY ASSISTANCE PROGRAM

75829

The Department of Job and Family Services shall transfer,	75830
through intrastate transfer voucher, $45,000,000 in cash in fiscal	75831
year 2008 and $15,000,000 in fiscal year 2009 from Fund 3V6, TANF	75832
Block Grant, to Fund 3BJ, TANF Heating Assistance, in the	75833
Department of Development, in accordance with an interagency	75834
agreement. The Departments of Job and Family Services and	75835
Development shall enter into an interagency agreement for	75836
providing reimbursement to the Department of Development to	75837
administer the Title IV-A funded Home Energy Assistance Program	75838
(HEAP), which provides assistance with home energy fuel costs to	75839
needy families with children.	75840

If the Department of Development receives approval for a	75841
federal waiver to increase the percentage of the Home Energy Block	75842
Grant that may be used for weatherization to sixteen and one-half	75843
per cent in fiscal year 2008 and seventeen and one-half per cent	75844
in fiscal year 2009, the Department of Job and Family Services	75845
shall increase the amount of reimbursement to the Department of	75846
Development from Fund 3V6, TANF Block Grant, for the Title IV-A	75847
funded Home Energy Assistance Program by an amount equal to the	75848
additional amounts used for weatherization under the federal	75849
waiver.	75850

The directors of Job and Family Services and Development	75851
shall seek Controlling Board approval to adjust the appropriations	75852
for appropriation item 600-689, TANF Block Grant, in the	75853
Department of Job and Family Services and appropriation item	75854
195-685, TANF Heating Assistance, in the Department of	75855
Development, as needed to carry out the purposes described in the	75856
preceding paragraph.	75857

Section 309.40.49. OHIO WORKS FIRST DOMESTIC VIOLENCE RULES

75858

The Director of Job and Family Services shall adopt the	75859
initial rules under divisions (A)(14), (15), and (16) of section	75860
5107.05 of the Revised Code not later than January 1, 2008.	75861

Section 309.40.60. EARLY LEARNING INITIATIVE

75862

(A) As used in this section:

75863

(1) "Title IV-A services" means benefits and services that	75864
are allowable under Title IV-A of the "Social Security Act," as	75865
specified in 42 U.S.C. 604(a), except that they shall not be	75866
benefits and services included in the term "assistance" as defined	75867
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	75868
excluded from the definition of the term "assistance" under 45	75869
C.F.R. 260.31(b).	75870

(2) "Title IV-A funds" means funds provided under the	75871
temporary assistance for needy families block grant established by	75872
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	75873
U.S.C. 601, as amended.	75874

(3) "Eligible child" means a child who is at least three	75875
years of age but not of compulsory school age or enrolled in	75876
kindergarten, is eligible for Title IV-A services, and whose	75877
family income at the time of application does not exceed one	75878
hundred eighty-five per cent of the federal poverty line in fiscal	75879
year 2008 or two hundred per cent of the federal poverty line in	75880
fiscal year 2009.	75881

(4) "Early learning program" means a program for eligible	75882
children that is funded with Title IV-A funds and provides Title	75883
IV-A services, according to the purposes listed in 45 C.F.R.	75884
260.20(c), that are early learning services, as defined by	75885
pursuant to division (D)(1) of this section.	75886

(5) "Early learning provider" means an entity that is	75887
receiving Title IV-A funds to operate an early learning program.	75888

(6) "Early learning agency" means an early learning provider	75889
or an entity that has entered into an agreement with an early	75890
learning provider requiring the early learning provider to operate	75891
an early learning program on behalf of the entity.	75892

(7) "Federal poverty line" has the same meaning as in section	75893
5104.01 of the Revised Code.	75894

(8) "Of compulsory school age" has the same meaning as in	75895
section 3321.01 of the Revised Code.	75896

(B) The Early Learning Initiative is hereby established. The	75897
Department of Education and the Department of Job and Family	75898
Services shall administer the Initiative in accordance with	75899
sections 5101.80 and 5101.801 of the Revised Code. The Initiative	75900
shall provide early learning services to eligible children. Early	75901
learning programs may provide early learning services on a	75902
full-day basis, a part-day basis, or both a full-day and part-day	75903
basis.	75904

(C) The Department of Job and Family Services shall do both	75905
of the following:	75906

(1) Reimburse early learning agencies for Title IV-A services	75907
provided to eligible children according to the terms of the	75908
contract and the rules adopted under division (C)(2) of this	75909
section;	75910

(2) In consultation with the Department of Education, adopt	75911
rules in accordance with Chapter 119. of the Revised Code to	75912
implement the Early Learning Initiative. The rules shall include	75913
all of the following:	75914

(a) Provisions regarding the establishment of co-payments for	75915
families of eligible children whose family income is more than one	75916
hundred sixty-five per cent of the federal poverty line but equal	75917
to or less than the maximum amount of family income authorized for	75918
an eligible child as defined in division (A)(3) of this section;	75919

(b) An exemption from co-payment requirements for families	75920
whose family income is equal to or less than one hundred	75921
sixty-five per cent of the federal poverty line;	75922

(c) A definition of "enrollment" for the purpose of	75923
compensating early learning agencies;	75924

(d) Provisions that establish compensation rates for early	75925
learning agencies based on the enrollment of eligible children.	75926

(D) The Department of Education shall do all of the	75927
following:	75928

(1) Define the early learning services that will be provided	75929
to eligible children through the Early Learning Initiative;	75930

(2) In consultation with the Department of Job and Family	75931
Services, develop an application form and criteria for the	75932
selection of early learning agencies. The criteria shall require	75933
an early learning agency, or each early learning provider with	75934
which the agency has entered into an agreement for the operation	75935
of an early learning program on the agency's behalf, to be	75936
licensed or certified by the Department of Education under	75937
sections 3301.52 to 3301.59 of the Revised Code or by the	75938
Department of Job and Family Services under Chapter 5104. of the	75939
Revised Code;	75940

(3) Establish early learning program guidelines for school	75941
readiness to assess the operation of early learning programs.	75942

(E) Any entity that seeks to be an early learning agency	75943
shall apply to the Department of Education by a deadline	75944
established by the Department. The Department of Education shall	75945
select entities that meet the criteria established under division	75946
(D)(2) of this section to be early learning agencies. Upon	75947
selection of an entity to be an early learning agency, the	75948
Department of Education shall designate the number of eligible	75949
children the agency may enroll. The Department of Education shall	75950
notify the Department of Job and Family Services of the number so	75951
designated.	75952

(F) The Department of Education and the Department of Job and	75953
Family Services shall enter into a contract with each early	75954
learning agency selected under division (E) of this section. The	75955
requirements of section 127.16 of the Revised Code do not apply to	75956
contracts entered into under this section. The contract shall	75957
outline the terms and conditions applicable to the provision of	75958
Title IV-A services for eligible children and shall include at	75959
least the following:	75960

(1) The respective duties of the early learning agency, the	75961
Department of Education, and the Department of Job and Family	75962
Services;	75963

(2) Requirements applicable to the allowable use of and	75964
accountability for Title IV-A compensation paid under the	75965
contract;	75966

(3) Reporting requirements, including a requirement that the	75967
early learning provider inform the Department of Education when	75968
the provider learns that a kindergarten eligible child will not be	75969
enrolled in kindergarten;	75970

(4) The compensation schedule payable under the contract;

75971

(5) Audit requirements;

75972

(6) Provisions for suspending, modifying, or terminating the	75973
contract.	75974

(G) If an early learning agency, or an early learning	75975
provider operating an early learning program on the agency's	75976
behalf, substantially fails to meet the early learning program	75977
guidelines for school readiness or exhibits substandard	75978
performance, as determined by the Department of Education, the	75979
agency shall develop and implement a corrective action plan. The	75980
Department of Education shall approve the corrective action plan	75981
prior to implementation.	75982

(H) If an early learning agency fails to implement a	75983
corrective action plan under division (G) of this section, the	75984
Department of Education may direct the Department of Job and	75985
Family Services to either withhold funding or request that the	75986
Department of Job and Family Services suspend or terminate the	75987
contract with the agency.	75988

(I) Each early learning program shall do all of the	75989
following:	75990

(1) Meet teacher qualification requirements prescribed by	75991
section 3301.311 of the Revised Code;	75992

(2) Align curriculum to the early learning content standards;

75993

(3) Meet any assessment requirements prescribed by section	75994
3301.0715 of the Revised Code that apply to the program;	75995

(4) Require teachers, except teachers enrolled and working to	75996
obtain a degree pursuant to section 3301.311 of the Revised Code,	75997
to attend a minimum of twenty hours per biennium of professional	75998
development as prescribed by the Department of Education regarding	75999
the implementation of early learning program guidelines for school	76000
readiness;	76001

(5) Document and report child progress;

76002

(6) Meet and report compliance with the early learning	76003
program guidelines for school success;	76004

(7) Participate in early language and literacy classroom	76005
observation evaluation studies.	76006

(J) Each county Department of Job and Family Services shall	76007
determine eligibility for Title IV-A services for children seeking	76008
to enroll in an early learning program within fifteen days after	76009
receipt of a completed application in accordance with rules	76010
adopted under this section.	76011

(K) The provision of early learning services in an early	76012
learning program shall not prohibit or otherwise prevent an	76013
individual from obtaining certificates for payment under division	76014
(C) of section 5104.32 of the Revised Code.	76015

(L) Notwithstanding section 126.07 of the Revised Code:

76016

(1) Any fiscal year 2008 contract executed prior to July 1,	76017
2007, between the Departments of Job and Family Services and	76018
Education and an early learning agency that was not an early	76019
learning agency as of June 30, 2007, shall be deemed to be	76020
effective as of July 1, 2007, upon issuance of a state purchase	76021
order, even if the purchase order is approved at some later date.	76022

(2) Any fiscal year 2008 contract executed between the	76023
Departments of Job and Family Services and Education and an early	76024
learning agency that had a valid contract for early learning	76025
services on June 30, 2007, shall be deemed to be effective as of	76026
July 1, 2007, upon the issuance of a state purchase order, even if	76027
the purchase order is approved at some later date.	76028

(3) Any fiscal year 2009 contract executed prior to July 1,	76029
2008, between the Departments of Job and Family Services and	76030
Education and an early learning agency that was not an early	76031
learning agency as of June 30, 2008, shall be deemed to be	76032
effective as of July 1, 2008, upon issuance of a state purchase	76033
order, even if the purchase order is approved at some later date.	76034

(4) Any fiscal year 2009 contract executed between the	76035
Departments of Job and Family Services and Education and an early	76036
learning agency that had a valid contract for early learning	76037
services on June 30, 2008, shall be deemed to be effective as of	76038
July 1, 2008, upon the issuance of a state purchase order, even if	76039
the purchase order is approved at some later date.	76040

(M) Of the foregoing appropriation item 600-689, TANF Block	76041
Grant (Fund 3V6), up to $125,256,000 shall be used in each fiscal	76042
year to compensate early learning agencies under this section. The	76043
Departments of Job and Family Services and Education shall	76044
contract for up to 12,000 enrollment slots for eligible children	76045
in each fiscal year through the Early Learning Initiative.	76046

(N) Of the foregoing appropriation item 600-689, TANF Block	76047
Grant (Fund 3V6), up to $800,000 in each fiscal year may be used	76048
by the Department of Job and Family Services for administration of	76049
the Early Learning Initiative.	76050

(O) Up to $2,200,000 in each fiscal year may be used by the	76051
Department of Education to perform administrative functions for	76052
the Early Learning Initiative. The Department of Job and Family	76053
Services shall transfer, through intrastate transfer vouchers,	76054
cash from Fund 3V6, TANF Block Grant, to Fund 5W2, Early Learning	76055
Initiative, in the Department of Education. The amount transferred	76056
shall not exceed $2,200,000 in fiscal year 2008 and $2,200,000 in	76057
fiscal year 2009. The transfer shall occur on a reimbursement	76058
basis on a schedule developed and agreed to by both departments.	76059

Section 309.50. CHILDREN AND FAMILIES

76060

Section 309.50.03. FOSTER CARE REFORM

76061

Of the foregoing appropriation item 600-423, Office of	76062
Children and Families, $1,300,000 in each fiscal year shall be	76063
used to pay for foster care audit workers and related	76064
administrative expenses for state staff.	76065

Of the foregoing appropriation item 600-523, Children and	76066
Families Services, $9,100,000 in each fiscal year shall be	76067
provided to counties for foster care related expenses, including,	76068
but not limited to, upfront services, counseling, intake workers,	76069
foster care staff, case workers, and trainers.	76070

Section 309.50.06. ADULT PROTECTIVE SERVICES

76071

The foregoing appropriation item 600-534, Adult Protective	76072
Services, shall be distributed to counties for the provision of	76073
services to adults who are in need of protective services. The	76074
Department of Job and Family Services shall adopt rules in	76075
accordance with Chapter 119. of the Revised Code to establish a	76076
formula for distribution of the moneys to the counties, including	76077
a requirement that counties put forth a maintenance of effort to	76078
be eligible for these moneys ensuring that these moneys are in	76079
addition to dollars currently spent on adult protective service	76080
efforts and not used to replace other sources of funding.	76081

Section 309.50.10. CHILD WELFARE TRAINING INITIATIVE

76082

In each fiscal year, the Department of Job and Family	76083
Services shall grant $50,000 from appropriation item 600-528,	76084
Adoption Services, and $150,000 from appropriation item 600-606,	76085
Child Welfare (Fund 327), to the National Center for Adoption Law	76086
and Policy to fund a multi-disciplinary child welfare training	76087
initiative. The Department of Job and Family Services shall	76088
coordinate with the National Center for Adoption Law and Policy to	76089
determine the focus of the training provided each year.	76090

ADOPTION LAWSITE INITIATIVE

76091

In each fiscal year, the Department of Job and Family	76092
Services shall grant $37,500 from appropriation item 600-528,	76093
Adoption Services, and $112,500 from appropriation item 600-606,	76094
Child Welfare (Fund 327), to the National Center for Adoption Law	76095
and Policy to fund expansion of the Adoption LawSite Initiative.	76096

Section 309.50.20. CHILDREN'S TRUST FUND

76097

Notwithstanding sections 3109.13 to 3109.18 of the Revised	76098
Code, in each fiscal year, the Director of Budget and Management	76099
shall transfer $1,500,000 cash from the Children's Trust Fund	76100
(Fund 198) in the Department of Job and Family Services to the	76101
Partnerships for Success Fund (Fund 5BH) in the Department of	76102
Youth Services.	76103

Section 309.50.50. VISITING NURSE ASSOCIATION - READY SENIORS

76104

Notwithstanding section 5101.46 of the Revised Code and prior	76105
to allocations for administration and training, of the foregoing	76106
appropriation item 600-620, Social Services Block Grant, up to	76107
$250,000 in each fiscal year shall be reimbursed to the Visiting	76108
Nurses Association of Cleveland, pursuant to a grant agreement	76109
entered into by the Visiting Nurses Association of Cleveland and	76110
the Department of Job and Family Services, for costs of expanding	76111
the Ready Seniors software program that are allowable under state	76112
and federal law governing the use of the Block Grant.	76113

Section 309.50.60. CHILD PLACEMENT LEVEL OF CARE TOOL PILOT

76114

(A) Contingent upon the availability of funding, the Ohio	76115
Department of Job and Family Services shall implement and oversee	76116
use of a Child Placement Level of Care Tool on a pilot basis. The	76117
Department shall implement the pilot program in Cuyahoga County	76118
and not more than nine additional counties selected by the	76119
Department. The pilot program shall be developed with the	76120
participating counties and must be acceptable to all	76121
participating counties. A selected county must agree to	76122
participate in the pilot program.	76123

(B) The pilot program shall begin not later than July 1,	76124
2008, and end not later than December 31, 2009. The length of the	76125
program shall not include any time expended in preparation for	76126
implementation or any post-pilot program evaluation activity.	76127

(C)(1) In accordance with sections 125.01 to 125.11 of the	76128
Revised Code, the Ohio Department of Job and Family Services shall	76129
provide for an independent evaluation of the pilot program to rate	76130
the program's success in the following areas:	76131

(a) Placement stability, length of stay, and other outcomes	76132
for children;	76133

(b) Cost;

76134

76135

(d) Any other criteria the Department determines will be	76136
useful in the consideration of statewide implementation.	76137

(2) The evaluation design shall include:

76138

(a) A comparison of data to historical outcomes or control	76139
counties;	76140

(b) A retrospective data review of Cuyahoga County's use of	76141
the tool;	76142

(c) A prospective data evaluation in each of the pilot	76143
counties.	76144

(D) The Ohio Department of Mental Health shall conduct a	76145
study of the children placed using the Child Placement Level of	76146
Care Tool, which shall run concurrent with the Ohio Department of	76147
Job and Family Services Child Placement Level of Care Tool pilot	76148
program. This study shall use both the Child Placement Level of	76149
Care Tool and the Ohio Scales in a simultaneous collection of	76150
information about children at the time a placement decision is	76151
made. Simultaneous data collection using the Ohio Scales and the	76152
Placement Level of Care Tool shall be coordinated through	76153
collaboration between the Ohio Department of Mental Health and the	76154
independent evaluator designated under division (C) of this	76155
section to ensure study design integrity and cost efficiency.	76156

Based on this data collection from the Ohio Scales and the	76157
Child Placement Level of Care Tool, the study shall focus on	76158
analyzing any correlations between the initial placement outcomes	76159
and initial scores of problem severity and behavioral health	76160
functioning. Through a data sharing agreement with the independent	76161
evaluator designated in division (C) of this section, the	76162
Department of Mental Health shall also analyze data from	76163
subsequent administrations of the Ohio Scales Tool and changes in	76164
placement level of care for any correlations. Upon completion of	76165
the study, the Ohio Department of Mental Health shall send a copy	76166
of the results of the study to the independent evaluator	76167
designated under division (C) of this section.	76168

(E) The independent evaluator designated under division (C)	76169
of this section shall send a copy of the evaluator's initial	76170
evaluation of the Child Placement Level of Care Tool, the Ohio	76171
Department of Mental Health's calibration study designated under	76172
division (D) of this section, and the continuity of care analysis	76173
designated under division (D) of this section to the Ohio	76174
Department of Job and Family Services.	76175

(F) The Ohio Department of Job and Family Services may adopt	76176
rules in accordance with Chapter 119. of the Revised Code as	76177
necessary to carry out the purposes of this section. The	76178
Department shall seek maximum federal financial participation to	76179
support the pilot and the evaluation.	76180

(G) Notwithstanding division (E) of section 5101.141 of the	76181
Revised Code, the Department of Job and Family Services shall use	76182
up to $1,000,000 of appropriation item 600-663, Children and	76183
Family Support, over the biennium to implement the Child Placement	76184
Level of Care Tool pilot program described in this section and to	76185
contract for the independent evaluation of the pilot program.	76186

(H) As used in this section:

76187

(1) "Child Placement Level of Care Tool" means an assessment	76188
tool to be developed by the participating counties to assess a	76189
child's placement needs when a child must be removed from the	76190
child's own home and cannot be placed with a relative or kin not	76191
certified as a foster caregiver that includes assessing a child's	76192
behavior, history, psychological state, and the involvement of	76193
service systems.	76194

(2) "Ohio Scales Tool" means the Ohio Youth Problems,	76195
Functioning, ROLES, and Marker Scales (Ohio Scales, Worker Form)	76196
used by the Ohio Department of Mental Health to measure outcomes	76197
for youth ages five to eighteen.	76198

Section 309.50.70. OHIO BENEFIT BANK

76199

Of the foregoing appropriation item 600-659, TANF/Title XX,	76200
up to $299,276 in fiscal year 2008 and up to $472,366 in fiscal	76201
year 2009 shall be used by the Governor's Office of Faith-Based	76202
and Community Initiatives to support the Ohio Benefit Bank, a	76203
web-enabled, counselor-assisted, program for low- and	76204
moderate-income Ohioans.	76205

Section 309.50.80. EARLY CARE AND EDUCATION

76206

Before July 1, 2008, the departments of Job and Family	76207
Services and Education shall develop a fiscal model bringing	76208
together early care and education programs under one funding	76209
system that will provide all children with access to affordable	76210
quality care and education.	76211

Section 309.70. WORKFORCE DEVELOPMENT

76212

Section 309.70.10. TRANSFER TO THE MILITARY INJURY RELIEF	76213
FUND	76214

In each year of the biennium, the Director of Job and Family	76215
Services shall certify to the Director of Budget and Management	76216
the total amount of incentive grants deposited into Fund 331,	76217
Federal Operating, on behalf of state and county employees and	76218
other individuals, entities, and persons with exemplary service to	76219
veterans under an approved employment service delivery program	76220
defined in the "Jobs for Veterans Act," 116 Stat. 2033 (2002), as	76221
approved by the United States Department of Labor. The Director of	76222
Budget and Management shall transfer cash equal to the amount	76223
certified by the Director of Job and Family Services from Fund 331	76224
to Fund 5DB, Military Injury Relief Fund. The transferred funds	76225
shall be used to support grants to eligible individuals under	76226
section 5101.98 of the Revised Code and rules adopted in	76227
accordance with that section.	76228

Section 309.70.20. WORKFORCE DEVELOPMENT GRANT AGREEMENT

76229

The Department of Job and Family Services may use	76230
appropriations from appropriation item 600-688, Workforce	76231
Investment Act, to provide financial assistance for workforce	76232
development activities included in a grant agreement entered into	76233
by the department in accordance with section 5101.20 of the	76234
Revised Code.	76235

OHIO STATE APPRENTICESHIP COUNCIL

76236

Of the foregoing appropriation item 600-688, Workforce	76237
Investment Act, up to $1,900,000 in fiscal year 2008 and up to	76238
$2,200,000 in fiscal year 2009 may be used to support the	76239
activities of the Ohio State Apprenticeship Council.	76240

YOUTH EMPLOYMENT PROGRAMS

76241

Of the foregoing appropriation item 600-688, Workforce	76242
Investment Act, up to $6,000,000 over the biennium shall be used	76243
for competitive grants to eight major urban centers and four other	76244
locations, at least two of which are rural, to provide strategies	76245
and programs that meet the needs of at-risk youth. The program	76246
shall target youth who have disengaged from the education system	76247
and youthful offenders who will be returning to their communities.	76248
Eligible grant applications include governmental units, workforce	76249
investment boards, and not-for-profit and for-profit entities.	76250
Grant funds may be used for youth wages and benefits, supervisory	76251
costs, training and support costs, and infrastructure expenses.	76252
Grant funds may not be used for construction or renovation of	76253
facilities.	76254

THIRD FRONTIER INTERNSHIP PROGRAM

76255

Of the foregoing appropriation item 600-688, Workforce	76256
Investment Act, $1,500,000 in each fiscal year shall be used to	76257
support the Third Frontier Internship program.	76258

NURSE EDUCATION ASSISTANCE

76259

Of the foregoing appropriation item 600-688, Workforce	76260
Investment Act, $700,000 in each fiscal year shall be used to	76261
support the Nurse Education Assistance program described in	76262
division (C)(1)(a) of section 3333.28 of the Revised Code.	76263

Section 309.80. UNEMPLOYMENT COMPENSATION

76264

Section 309.80.10. EMPLOYER SURCHARGE

76265

The surcharge and the interest on the surcharge amounts due	76266
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	76267
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	76268
118th General Assembly, and section 4141.251 of the Revised Code	76269
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd	76270
General Assembly, again shall be assessed and collected by,	76271
accounted for, and made available to the Department of Job and	76272
Family Services in the same manner as set forth in section	76273
4141.251 of the Revised Code as it existed prior to its repeal by	76274
Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the	76275
repeal of the surcharge for calendar years after 1990, pursuant to	76276
Sub. H.B. 478 of the 122nd General Assembly, except that amounts	76277
received by the Director on or after July 1, 2001, shall be	76278
deposited into the Unemployment Compensation Special	76279
Administrative Fund (Fund 4A9) established pursuant to section	76280
4141.11 of the Revised Code.	76281

Section 309.80.20. FEDERAL UNEMPLOYMENT PROGRAMS

76282

All unexpended funds remaining at the end of fiscal year 2007	76283
that were appropriated and made available to the state under	76284
section 903(d) of the Social Security Act, as amended, in the	76285
foregoing appropriation item 600-678, Federal Unemployment	76286
Programs (Fund 3V4), are hereby appropriated to the Department of	76287
Job and Family Services. Upon the request of the Director of Job	76288
and Family Services, the Director of Budget and Management may	76289
increase the appropriation for fiscal year 2008 by the amount	76290
remaining unspent from the fiscal year 2007 appropriation and may	76291
increase the appropriation for fiscal year 2009 by the amount	76292
remaining unspent from the fiscal year 2008 appropriation. The	76293
appropriation shall be used under the direction of the Department	76294
of Job and Family Services to pay for administrative activities	76295
for the Unemployment Insurance Program, employment services, and	76296
other allowable expenditures under section 903(d) of the Social	76297
Security Act, as amended.	76298

The amounts obligated pursuant to this section shall not	76299
exceed at any time the amount by which the aggregate of the	76300
amounts transferred to the account of the state under section	76301
903(d) of the Social Security Act, as amended, exceeds the	76302
aggregate of the amounts obligated for administration and paid out	76303
for benefits and required by law to be charged against the amounts	76304
transferred to the account of the state.	76305

Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO

76306

General Revenue Fund	76307

GRF	018-321		Operating Expenses		$	985,710		$	1,015,281		76308
TOTAL GRF General Revenue Fund					$	985,710		$	1,015,281		76309

General Services Fund Group	76310

403	018-601	Ohio Jury Instructions	$	350,000	$	350,000	76311
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	76312
TOTAL ALL BUDGET FUND GROUPS			$	1,335,710	$	1,365,281	76313

STATE COUNCIL OF UNIFORM STATE LAWS

76314

Notwithstanding section 105.26 of the Revised Code, of the	76315
foregoing appropriation item 018-321, Operating Expenses, up to	76316
$71,000 in fiscal year 2008 and up to $73,000 in fiscal year 2009	76317
may be used to pay the expenses of the State Council of Uniform	76318
State Laws, including membership dues to the National Conference	76319
of Commissioners on Uniform State Laws.	76320

OHIO JURY INSTRUCTIONS FUND

76321

The Ohio Jury Instructions Fund (Fund 403) shall consist of	76322
grants, royalties, dues, conference fees, bequests, devises, and	76323
other gifts received for the purpose of supporting costs incurred	76324
by the Judicial Conference of Ohio in dispensing educational and	76325
informational data to the state's judicial system. Fund 403 shall	76326
be used by the Judicial Conference of Ohio to pay expenses	76327
incurred in dispensing educational and informational data to the	76328
state's judicial system. All moneys accruing to Fund 403 in excess	76329
of $350,000 in fiscal year 2008 and in excess of $350,000 in	76330
fiscal year 2009 are hereby appropriated for the purposes	76331
authorized.	76332

No money in the Ohio Jury Instructions Fund shall be	76333
transferred to any other fund by the Director of Budget and	76334
Management or the Controlling Board.	76335

Section 313.10. JSC THE JUDICIARY/SUPREME COURT

76336

General Revenue Fund	76337

GRF	005-321	Operating Expenses - Judiciary/Supreme Court	$	127,778,192	$	133,144,970	76338
GRF	005-401	State Criminal Sentencing Council	$	331,500	$	336,770	76339
GRF	005-406	Law-Related Education	$	229,290	$	236,172	76340
GRF	005-409	Ohio Courts Technology Initiative	$	4,000,000	$	6,500,000	76341
GRF	005-502	Legal Education Opportunity	$	250,000	$	350,000	76342
TOTAL GRF General Revenue Fund			$	132,588,982	$	140,567,912	76343

General Services Fund Group	76344

672	005-601		Continuing Judicial Education		$	136,000		$	140,000		76345
TOTAL GSF General Services Fund Group					$	136,000		$	140,000		76346

Federal Special Revenue Fund Group	76347

3J0	005-603		Federal Grants		$	1,518,491		$	1,467,693		76348
TOTAL FED Federal Special Revenue Fund Group					$	1,518,491		$	1,467,693		76349

State Special Revenue Fund Group	76350

4C8	005-605	Attorney Services	$	3,841,416	$	3,936,058	76351
5T8	005-609	Grants and Awards	$	100,000	$	100,000	76352
6A8	005-606	Supreme Court Admissions	$	1,496,633	$	1,541,532	76353
TOTAL SSR State Special Revenue Fund Group			$	5,438,049	$	5,577,590	76354
TOTAL ALL BUDGET FUND GROUPS			$	139,681,522	$	147,753,195	76355

LAW-RELATED EDUCATION

76356

The foregoing appropriation item 005-406, Law-Related	76357
Education, shall be distributed directly to the Ohio Center for	76358
Law-Related Education for the purposes of providing continuing	76359
citizenship education activities to primary and secondary	76360
students, expanding delinquency prevention programs, increasing	76361
activities for at-risk youth, and accessing additional public and	76362
private money for new programs.	76363

OHIO COURTS TECHNOLOGY INITIATIVE

76364

The foregoing appropriation item 005-409, Ohio Courts	76365
Technology Initiative, shall be used to fund an initiative by the	76366
Supreme Court to facilitate the exchange of information and	76367
warehousing of data by and between Ohio courts and other justice	76368
system partners through the creation of an Ohio Courts Network,	76369
the delivery of technology services to courts throughout the	76370
state, including the provision of hardware, software, and the	76371
development and implementation of educational and training	76372
programs for judges and court personnel, and the creation and	76373
operation of the Commission on Technology and the Courts by the	76374
Supreme Court for the promulgation of statewide rules, policies,	76375
and uniform standards, and to aid in the orderly adoption and	76376
comprehensive use of technology in Ohio courts.	76377

LEGAL EDUCATION OPPORTUNITY

76378

The foregoing appropriation item 005-502, Legal Education	76379
Opportunity, shall be used to fund activities undertaken at the	76380
direction of the Chief Justice of the Supreme Court for purposes	76381
of introducing minority, low-income, and educationally	76382
disadvantaged Ohio students to the legal system and providing	76383
educational opportunities to those same students who are preparing	76384
for college and interested in the pursuit of a legal career. The	76385
foregoing appropriation item 005-502, Legal Education Opportunity,	76386
may be used by the Supreme Court, in cooperation with other	76387
entities, to establish and provide programs, courses, and	76388
activities consistent with the purposes set forth in this	76389
paragraph and to pay the associated administrative costs.	76390

CONTINUING JUDICIAL EDUCATION

76391

The Continuing Judicial Education Fund (Fund 672) shall	76392
consist of fees paid by judges and court personnel for attending	76393
continuing education courses and other gifts and grants received	76394
for the purpose of continuing judicial education. The foregoing	76395
appropriation item 005-601, Continuing Judicial Education, shall	76396
be used to pay expenses for continuing education courses for	76397
judges and court personnel. If it is determined by the	76398
Administrative Director of the Supreme Court that additional	76399
appropriations are necessary, the amounts are hereby appropriated.	76400

No money in the Continuing Judicial Education Fund shall be	76401
transferred to any other fund by the Director of Budget and	76402
Management or the Controlling Board. Interest earned on moneys in	76403
the Continuing Judicial Education Fund shall be credited to the	76404
fund.	76405

FEDERAL GRANTS

76406

The Federal Grants Fund (Fund 3J0) shall consist of grants	76407
and other moneys awarded to the Supreme Court (The Judiciary) by	76408
the United States Government or other entities that receive the	76409
moneys directly from the United States Government and distribute	76410
those moneys to the Supreme Court (The Judiciary). The foregoing	76411
appropriation item 005-603, Federal Grants, shall be used in a	76412
manner consistent with the purpose of the grant or award. If it is	76413
determined by the Administrative Director of the Supreme Court	76414
that additional appropriations are necessary, the amounts are	76415
hereby appropriated.	76416

No money in the Federal Grants Fund shall be transferred to	76417
any other fund by the Director of Budget and Management or the	76418
Controlling Board. However, interest earned on moneys in the	76419
Federal Grants Fund shall be credited or transferred to the	76420
General Revenue Fund.	76421

ATTORNEY SERVICES

76422

The Attorney Services Fund (Fund 4C8), formerly known as the	76423
Attorney Registration Fund, shall consist of moneys received by	76424
the Supreme Court (The Judiciary) pursuant to the Rules for the	76425
Government of the Bar of Ohio. In addition to funding other	76426
activities considered appropriate by the Supreme Court, the	76427
foregoing appropriation item 005-605, Attorney Services, may be	76428
used to compensate employees and to fund appropriate activities of	76429
the following offices established by the Supreme Court: the Office	76430
of Disciplinary Counsel, the Board of Commissioners on Grievances	76431
and Discipline, the Clients' Security Fund, and the Attorney	76432
Services Division. If it is determined by the Administrative	76433
Director of the Supreme Court that additional appropriations are	76434
necessary, the amounts are hereby appropriated.	76435

No moneys in the Attorney Services Fund shall be transferred	76436
to any other fund by the Director of Budget and Management or the	76437
Controlling Board. Interest earned on moneys in the Attorney	76438
Services Fund shall be credited to the fund.	76439

GRANTS AND AWARDS

76440

The Grants and Awards Fund (Fund 5T8) shall consist of grants	76441
and other moneys awarded to the Supreme Court (The Judiciary) by	76442
the State Justice Institute, the Division of Criminal Justice	76443
Services, or other entities. The foregoing appropriation item	76444
005-609, Grants and Awards, shall be used in a manner consistent	76445
with the purpose of the grant or award. If it is determined by the	76446
Administrative Director of the Supreme Court that additional	76447
appropriations are necessary, the amounts are hereby appropriated.	76448

No moneys in the Grants and Awards Fund shall be transferred	76449
to any other fund by the Director of Budget and Management or the	76450
Controlling Board. However, interest earned on moneys in the	76451
Grants and Awards Fund shall be credited or transferred to the	76452
General Revenue Fund.	76453

SUPREME COURT ADMISSIONS

76454

The foregoing appropriation item 005-606, Supreme Court	76455
Admissions, shall be used to compensate Supreme Court employees	76456
who are primarily responsible for administering the attorney	76457
admissions program under the Rules for the Government of the Bar	76458
of Ohio, and to fund any other activities considered appropriate	76459
by the court. Moneys shall be deposited into the Supreme Court	76460
Admissions Fund (Fund 6A8) under the Supreme Court Rules for the	76461
Government of the Bar of Ohio. If it is determined by the	76462
Administrative Director of the Supreme Court that additional	76463
appropriations are necessary, the amounts are hereby appropriated.	76464

No moneys in the Supreme Court Admissions Fund shall be	76465
transferred to any other fund by the Director of Budget and	76466
Management or the Controlling Board. Interest earned on moneys in	76467
the Supreme Court Admissions Fund shall be credited to the fund.	76468

FUND ELIMINATION

76469

Effective July 1, 2007, or as soon as practicable thereafter,	76470
the Director of Budget and Management shall transfer the cash	76471
balance in the Commission on Continuing Legal Education Fund (Fund	76472
643) to the Attorney Services Fund (Fund 4C8). The director shall	76473
cancel any existing encumbrances against appropriation item	76474
005-607, Commission on Continuing Legal Education, and	76475
re-establish them against appropriation item 005-605, Attorney	76476
Services. The amounts of the re-established encumbrances are	76477
hereby appropriated. Upon completion of these transfers, the	76478
Commission on Continuing Legal Education Fund (Fund 643) is hereby	76479
abolished.	76480

TRANSFER OF UNENCUMBERED GRF APPROPRIATION AUTHORITY FOR	76481
INDIGENT DEFENSE	76482

On July 1, 2008, or as soon as practicable thereafter, the	76483
Administrative Director of the Supreme Court shall certify to the	76484
Director of Budget and Management the total fiscal year 2008	76485
unencumbered appropriations in appropriation item 005-321,	76486
Operating Expenses - Judiciary/Supreme Court. The Director of	76487
Budget and Management shall transfer that certified amount of	76488
unencumbered fiscal year 2008 appropriations to fiscal year 2009	76489
for use within the Ohio Public Defender Commission's appropriation	76490
item 019-501, County Reimbursement. The amount certified and	76491
transferred is hereby appropriated to the Ohio Public Defender	76492
Commission's appropriation item 019-501, County Reimbursement, in	76493
fiscal year 2009.	76494

Section 315.10. LEC LAKE ERIE COMMISSION

76495

State Special Revenue Fund Group	76496

4C0	780-601	Lake Erie Protection Fund	$	450,000	$	450,000	76497
5D8	780-602	Lake Erie Resources Fund	$	387,000	$	388,000	76498
TOTAL SSR State Special Revenue							76499
Fund Group			$	837,000	$	838,000	76500
TOTAL ALL BUDGET FUND GROUPS			$	837,000	$	838,000	76501

CASH TRANSFER

76502

Not later than the thirtieth day of November of each fiscal	76503
year, the Executive Director of the Ohio Lake Erie Office, with	76504
the approval of the Lake Erie Commission, shall certify to the	76505
Director of Budget and Management the cash balance in the Lake	76506
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	76507
operating expenses of the Lake Erie Office. The Lake Erie Office	76508
may request the Director of Budget and Management to transfer up	76509
to the certified amount from the Lake Erie Resources Fund (Fund	76510
5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of	76511
Budget and Management may transfer the requested amount, or the	76512
Director may transfer a different amount up to the certified	76513
amount. Cash transferred shall be used for the purposes described	76514
in division (A) of section 1506.23 of the Revised Code. The amount	76515
transferred by the director is hereby appropriated to the	76516
foregoing appropriation item 780-601, Lake Erie Protection Fund,	76517
which shall be increased by the amount transferred.	76518

Section 317.10. LRS LEGAL RIGHTS SERVICE

76519

General Revenue Fund	76520

GRF	054-321	Support Services	$	198,075	$	198,075	76521
GRF	054-401	Ombudsman	$	291,247	$	291,247	76522
TOTAL GRF General Revenue Fund			$	489,322	$	489,322	76523

General Services Fund Group	76524

5M0	054-610	Program Support	$	81,352	$	81,352	76525
TOTAL GSF General Services							76526
Fund Group			$	81,352	$	81,352	76527

Federal Special Revenue Fund Group	76528

3AG	054-613	Protection and Advocacy - Voter Accessibility	$	115,000	$	115,000	76529
3B8	054-603	Protection and Advocacy - Mentally Ill	$	1,089,999	$	1,089,999	76530
3CA	054-615	Work Incentives Planning and Assistance	$	355,000	$	355,000	76531
3N3	054-606	Protection and Advocacy - Individual Rights	$	560,000	$	560,000	76532
3N9	054-607	Assistive Technology	$	160,000	$	160,000	76533
3R9	054-604	Family Support Collaborative	$	55,000	$	55,000	76534
3R9	054-616	Developmental Disability Publications	$	130,000	$	130,000	76535
3T2	054-609	Client Assistance Program	$	435,000	$	435,000	76536
3X1	054-611	Protection and Advocacy for Beneficiaries of Social Security	$	235,001	$	235,001	76537
3Z6	054-612	Traumatic Brain Injury	$	70,000	$	70,000	76538
305	054-602	Protection and Advocacy - Developmentally Disabled	$	1,500,000	$	1,500,000	76539
TOTAL FED Federal Special Revenue							76540
Fund Group			$	4,705,000	$	4,705,000	76541

State Special Revenue Fund Group	76542

5AE	054-614	Grants and Contracts	$	100,000	$	100,000	76543
TOTAL SSR State Special Revenue Fund Group			$	100,000	$	100,000	76544
TOTAL ALL BUDGET FUND GROUPS			$	5,375,674	$	5,375,674	76545

Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

76547

General Revenue Fund	76548

GRF	028-321		Legislative Ethics Committee		$	550,000		$	550,000		76549
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		76550

General Services Fund Group	76551

4G7	028-601	Joint Legislative Ethics Committee	$	100,000	$	100,000	76552
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	76553
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	76554

Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION

76555

General Revenue Fund	76556

GRF	035-321	Operating Expenses	$	14,917,700	$	14,917,700	76557
GRF	035-402	Legislative Interns	$	1,022,120	$	1,022,120	76558
GRF	035-405	Correctional Institution Inspection Committee	$	438,900	$	438,900	76559
GRF	035-409	National Associations	$	460,560	$	460,560	76560
GRF	035-410	Legislative Information Systems	$	3,661,250	$	3,661,250	76561
TOTAL GRF General Revenue Fund			$	20,500,530	$	20,500,530	76562

General Services Fund Group	76563

4F6	035-603	Legislative Budget Services	$	154,025	$	154,025	76564
410	035-601	Sale of Publications	$	25,250	$	25,250	76565
5EF	035-607	House and Senate Telephone Usage	$	30,000	$	30,000	76566
TOTAL GSF General Services							76567
Fund Group			$	209,275	$	209,275	76568
TOTAL ALL BUDGET FUND GROUPS			$	20,709,805	$	20,709,805	76569

JOINT LEGISLATIVE COMMITTEE ON MEDICAID TECHNOLOGY AND REFORM

76570

Of the foregoing appropriation item 035-321, Operating	76571
Expenses, $100,000 in each fiscal year shall be used for costs	76572
associated with employing an executive director for the Joint	76573
Legislative Committee on Medicaid Technology and Reform as	76574
authorized by division (C) of section 101.391 of the Revised Code.	76575

Section 323.10. LIB STATE LIBRARY BOARD

76576

General Revenue Fund	76577

GRF	350-321	Operating Expenses	$	6,298,677	$	6,298,677	76578
GRF	350-400	Ohio Public Library Information Network	$	4,330,000	$	4,330,000	76579
GRF	350-401	Ohioana Rental Payments	$	124,816	$	124,816	76580
GRF	350-501	Library for the Blind-Cincinnati	$	535,615	$	535,615	76581
GRF	350-502	Regional Library Systems	$	1,010,441	$	1,010,441	76582
GRF	350-503	Library for the Blind-Cleveland	$	805,642	$	805,642	76583
TOTAL GRF General Revenue Fund			$	13,105,191	$	13,105,191	76584

General Services Fund Group	76585

139	350-602	Intra-Agency Service Charges	$	9,000	$	9,000	76586
4S4	350-604	Ohio Public Library Information Network Technology	$	3,000,000	$	3,000,000	76587
459	350-602	Library Service Charges	$	2,708,092	$	2,708,092	76588
TOTAL GSF General Services							76589
Fund Group			$	5,717,092	$	5,717,092	76590

Federal Special Revenue Fund Group	76591

313	350-601	LSTA Federal	$	5,691,792	$	5,691,792	76592
TOTAL FED Federal Special Revenue							76593
Fund Group			$	5,691,792	$	5,691,792	76594
TOTAL ALL BUDGET FUND GROUPS			$	24,514,075	$	24,514,075	76595

OHIOANA RENTAL PAYMENTS

76596

The foregoing appropriation item 350-401, Ohioana Rental	76597
Payments, shall be used to pay the rental expenses of the Martha	76598
Kinney Cooper Ohioana Library Association pursuant to section	76599
3375.61 of the Revised Code.	76600

LIBRARY FOR THE BLIND-CINCINNATI

76601

The foregoing appropriation item 350-501, Library for the	76602
Blind-Cincinnati, shall be used for the Talking Book program,	76603
which assists the blind and disabled.	76604

REGIONAL LIBRARY SYSTEMS

76605

The foregoing appropriation item 350-502, Regional Library	76606
Systems, shall be used to support regional library systems	76607
eligible for funding under sections 3375.83 and 3375.90 of the	76608
Revised Code.	76609

LIBRARY FOR THE BLIND-CLEVELAND

76610

The foregoing appropriation item 350-503, Library for the	76611
Blind-Cleveland, shall be used for the Talking Book program, which	76612
assists the blind and disabled.	76613

OHIO PUBLIC LIBRARY INFORMATION NETWORK

76614

The foregoing appropriation items 350-604, Ohio Public	76615
Library Information Network Technology, and 350-400, Ohio Public	76616
Library Information Network, shall be used for an information	76617
telecommunications network linking public libraries in the state	76618
and such others as may be certified as participants by the Ohio	76619
Public Library Information Network Board.	76620

The Ohio Public Library Information Network Board shall	76621
consist of eleven members appointed by the State Library Board	76622
from among the staff of public libraries and past and present	76623
members of boards of trustees of public libraries, based on the	76624
recommendations of the Ohio library community. The Ohio Public	76625
Library Information Network Board, in consultation with the State	76626
Library, shall develop a plan of operations for the network. The	76627
board may make decisions regarding use of the foregoing	76628
appropriation items 350-400, Ohio Public Library Information	76629
Network, and 350-604, Ohio Public Library Information Network	76630
Technology, may receive and expend grants to carry out the	76631
operations of the network in accordance with state law and the	76632
authority to appoint and fix the compensation of a director and	76633
necessary staff. The State Library shall be the fiscal agent for	76634
the network and shall have fiscal accountability for the	76635
expenditure of funds. The Ohio Public Library Information Network	76636
Board members shall be reimbursed for actual travel and necessary	76637
expenses incurred in carrying out their responsibilities.	76638

In order to limit access to obscene and illegal materials	76639
through internet use at Ohio Public Library Information Network	76640
(OPLIN) terminals, local libraries with OPLIN computer terminals	76641
shall adopt policies that control access to obscene and illegal	76642
materials. These policies may include use of technological systems	76643
to select or block certain internet access. The OPLIN shall	76644
condition provision of its funds, goods, and services on	76645
compliance with these policies. The OPLIN Board shall also adopt	76646
and communicate specific recommendations to local libraries on	76647
methods to control such improper usage. These methods may include	76648
each library implementing a written policy controlling such	76649
improper use of library terminals and requirements for parental	76650
involvement or written authorization for juvenile internet usage.	76651

Of the foregoing appropriation item 350-400, Ohio Public	76652
Library Information Network, up to $100,000 in each fiscal year	76653
shall be used to help local libraries purchase or maintain filters	76654
to screen out obscene and illegal internet materials.	76655

The OPLIN Board shall research and assist or advise local	76656
libraries with regard to emerging technologies and methods that	76657
may be effective means to control access to obscene and illegal	76658
materials. The OPLIN Executive Director shall biannually provide	76659
written reports to the Governor, the Speaker and Minority Leader	76660
of the House of Representatives, and the President and Minority	76661
Leader of the Senate on any steps being taken by OPLIN and public	76662
libraries in the state to limit and control such improper usage as	76663
well as information on technological, legal, and law enforcement	76664
trends nationally and internationally affecting this area of	76665
public access and service.	76666

The Ohio Public Library Information Network, INFOhio, and	76667
OhioLINK shall, to the extent feasible, coordinate and cooperate	76668
in their purchase or other acquisition of the use of electronic	76669
databases for their respective users and shall contribute funds in	76670
an equitable manner to such effort.	76671

Section 325.10. LCO LIQUOR CONTROL COMMISSION

76672

Liquor Control Fund Group	76673

043	970-321	Operating Expenses	$	743,093	$	772,524	76674
TOTAL LCF Liquor Control Fund Group			$	743,093	$	772,524	76675
TOTAL ALL BUDGET FUND GROUPS			$	743,093	$	772,524	76676

Section 327.10. LOT STATE LOTTERY COMMISSION

76678

General Services Fund Group	76679

231	950-604		Charitable Gaming Oversight		$	2,253,000		$	2,378,000		76680
TOTAL GSF General Services Fund Group					$	2,253,000		$	2,378,000		76681

State Lottery Fund Group	76682

044	950-100	Personal Services	$	25,945,116	$	27,085,265	76683
044	950-200	Maintenance	$	18,748,274	$	18,693,328	76684
044	950-300	Equipment	$	2,554,500	$	2,446,500	76685
044	950-402	Advertising Contracts	$	21,250,000	$	21,250,000	76686
044	950-403	Gaming Contracts	$	50,419,360	$	51,250,704	76687
044	950-500	Problem Gambling Subsidy	$	335,000	$	335,000	76688
044	950-601	Direct Prize Payments	$	147,716,286	$	147,716,286	76689
871	950-602	Annuity Prizes	$	151,724,305	$	151,724,305	76690
TOTAL SLF State Lottery Fund							76691
Group			$	418,692,841	$	420,501,388	76692
TOTAL ALL BUDGET FUND GROUPS			$	420,945,841	$	422,879,388	76693

OPERATING EXPENSES

76694

Notwithstanding sections 127.14 and 131.35 of the Revised	76695
Code, the Controlling Board may, at the request of the State	76696
Lottery Commission, authorize additional appropriations for	76697
operating expenses of the State Lottery Commission from the State	76698
Lottery Fund up to a maximum of 15 per cent of anticipated total	76699
revenue accruing from the sale of lottery tickets.	76700

DIRECT PRIZE PAYMENTS

76701

Any amounts, in addition to the amounts appropriated in	76702
appropriation item 950-601, Direct Prize Payments, that the	76703
Director of the State Lottery Commission determines to be	76704
necessary to fund prizes, bonuses, and commissions are hereby	76705
appropriated.	76706

ANNUITY PRIZES

76707

With the approval of the Office of Budget and Management, the	76708
State Lottery Commission shall transfer cash from the State	76709
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	76710
(Fund 871) in an amount sufficient to fund deferred prizes. The	76711
Treasurer of State, from time to time, shall credit the Deferred	76712
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	76713
by the Treasurer of State on invested balances.	76714

Any amounts, in addition to the amounts appropriated in	76715
appropriation item 950-602, Annuity Prizes, that the Director of	76716
the State Lottery Commission determines to be necessary to fund	76717
deferred prizes and interest earnings are hereby appropriated.	76718

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

76719

The Ohio Lottery Commission shall transfer an amount greater	76720
than or equal to $657,900,000 in fiscal year 2008 and $667,900,000	76721
in fiscal year 2009 to the Lottery Profits Education Fund.	76722
Transfers from the Commission to the Lottery Profits Education	76723
Fund shall represent the estimated net income from operations for	76724
the Commission in fiscal year 2008 and fiscal year 2009. Transfers	76725
by the Commission to the Lottery Profits Education Fund shall be	76726
administered as the statutes direct.	76727

Section 329.10. MHC MANUFACTURED HOMES COMMISSION

76728

General Services Fund Group	76729

4K9	996-609	Operating Expenses	$	418,122	$	434,671	76730
TOTAL GSF General Services							76731
Fund Group			$	418,122	$	434,671	76732
TOTAL ALL BUDGET FUND GROUPS			$	418,122	$	434,671	76733

Section 331.10. MED STATE MEDICAL BOARD

76735

General Services Fund Group	76736

5C6	883-609	Operating Expenses	$	7,883,145	$	8,225,945	76737
TOTAL GSF General Services							76738
Fund Group			$	7,883,145	$	8,225,945	76739
TOTAL ALL BUDGET FUND GROUPS			$	7,883,145	$	8,225,945	76740

Section 333.10. AMB MEDICAL TRANSPORTATION BOARD

76742

General Services Fund Group	76743

4K9	915-604	Operating Expenses	$	471,450	$	473,450	76744
TOTAL GSF General Services							76745
Fund Group			$	471,450	$	473,450	76746
TOTAL ALL BUDGET FUND GROUPS			$	471,450	$	473,450	76747

CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND	76748
(FUND 4K9)	76749

Effective July 1, 2007, or as soon as practicable thereafter,	76750
the Director of Budget and Management may transfer the cash	76751
balance in the Ohio Medical Transportation Trust Fund (Fund 4N1),	76752
created in division (B) of section 4766.05 of the Revised Code, to	76753
the Occupational Licensing and Regulatory Fund (Fund 4K9), created	76754
in section 4743.05 of the Revised Code. The director shall cancel	76755
any existing encumbrances against appropriation item 915-601,	76756
Operating Expenses, and re-establish them against appropriation	76757
item 915-604, Operating Expenses. The amounts of the	76758
re-established encumbrances are hereby appropriated. Upon	76759
completion of these transfers, the Ohio Medical Transportation	76760
Trust Fund (Fund 4N1) is hereby abolished.	76761

Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH

76762

General Services Fund Group	76763

151	336-601		Office of Support Services		$	134,060,000		$	148,998,000		76764
TOTAL General Services Fund Group					$	134,060,000		$	148,998,000		76765

Division of Mental Health--	76766

Psychiatric Services to Correctional Facilities	76767

General Revenue Fund	76768

GRF	332-401		Forensic Services		$	4,338,858		$	4,338,858		76769
TOTAL GRF General Revenue Fund					$	4,338,858		$	4,338,858		76770

Section 335.10.10. FORENSIC SERVICES

76772

The foregoing appropriation item 332-401, Forensic Services,	76773
shall be used to provide psychiatric services to courts of common	76774
pleas. The appropriation shall be allocated through community	76775
mental health boards to certified community agencies and shall be	76776
distributed according to the criteria delineated in rule	76777
5122:32-01 of the Administrative Code. These community forensic	76778
funds may also be used to provide forensic training to community	76779
mental health boards and to forensic psychiatry residency programs	76780
in hospitals operated by the Department of Mental Health and to	76781
provide evaluations of patients of forensic status in facilities	76782
operated by the Department of Mental Health prior to conditional	76783
release to the community.	76784

In addition, appropriation item 332-401, Forensic Services,	76785
may be used to support projects involving mental health, substance	76786
abuse, courts, and law enforcement to identify and develop	76787
appropriate alternative services to incarceration for nonviolent	76788
mentally ill offenders, and to provide specialized re-entry	76789
services to offenders leaving prisons and jails. Funds may also be	76790
utilized to provide forensic monitoring and tracking in addition	76791
to community programs serving persons of forensic status on	76792
conditional release or probation.	76793

Section 335.20. Division of Mental Health--

76794

Administration and Statewide Programs	76795

General Revenue Fund	76796

GRF	333-321	Central Administration	$	23,750,000	$	23,750,000	76797
GRF	333-402	Resident Trainees	$	1,364,919	$	1,364,919	76798
GRF	333-403	Pre-Admission Screening Expenses	$	650,135	$	650,135	76799
GRF	333-415	Lease-Rental Payments	$	23,767,400	$	20,504,500	76800
GRF	333-416	Research Program Evaluation	$	1,001,551	$	1,001,551	76801
TOTAL GRF General Revenue Fund			$	50,534,005	$	47,271,105	76802

General Services Fund Group	76803

149	333-609		Central Office Operating		$	1,200,000		$	1,200,000		76804
TOTAL General Services Fund Group					$	1,200,000		$	1,200,000		76805

Federal Special Revenue Fund Group	76806

3A6	333-608	Community & Hospital Services	$	140,000	$	140,000	76807
3A7	333-612	Social Services Block Grant	$	25,000	$	25,000	76808
3A8	333-613	Federal Grant - Administration	$	4,888,105	$	4,888,105	76809
3A9	333-614	Mental Health Block Grant - Administration	$	748,470	$	748,470	76810
3B1	333-635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	76811
324	333-605	Medicaid/Medicare	$	154,500	$	154,500	76812
TOTAL Federal Special Revenue							76813
Fund Group			$	19,647,757	$	19,647,757	76814

State Special Revenue Fund Group	76815

232	333-621	Family and Children First Administration	$	625,000	$	625,000	76816
4X5	333-607	Behavioral Health Medicaid Services	$	3,000,634	$	3,000,634	76817
485	333-632	Mental Health Operating	$	134,233	$	134,233	76818
5V2	333-611	Non-Federal Miscellaneous	$	580,000	$	560,000	76819
TOTAL State Special Revenue							76820
Fund Group			$	4,339,867	$	4,319,867	76821
TOTAL ALL BUDGET FUND GROUPS			$	75,721,629	$	72,438,729	76822

Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS

76824

The foregoing appropriation item 333-402, Resident Trainees,	76825
shall be used to fund training agreements entered into by the	76826
Department of Mental Health for the development of curricula and	76827
the provision of training programs to support public mental health	76828
services.	76829

Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES

76830

The foregoing appropriation item 333-403, Pre-Admission	76831
Screening Expenses, shall be used to pay for costs to ensure that	76832
uniform statewide methods for pre-admission screening are in place	76833
to perform assessments for persons who have severe mental illness	76834
and are referred for long-term Medicaid certified nursing facility	76835
placement. Pre-admission screening includes the following	76836
activities: pre-admission assessment, consideration of continued	76837
stay requests, discharge planning and referral, and adjudication	76838
of appeals and grievance procedures.	76839

Section 335.20.30. LEASE-RENTAL PAYMENTS

76840

The foregoing appropriation item 333-415, Lease-Rental	76841
Payments, shall be used to meet all payments during the period	76842
from July 1, 2007, to June 30, 2009, by the Department of Mental	76843
Health under leases and agreements made under section 154.20 of	76844
the Revised Code. These appropriations are the source of funds	76845
pledged for bond service charges on obligations issued pursuant to	76846
Chapter 154. of the Revised Code.	76847

Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES

76848

The Department of Mental Health shall administer specified	76849
Medicaid Services as delegated by the Department of Job and Family	76850
Services in an interagency agreement. The foregoing appropriation	76851
item 333-607, Behavioral Health Medicaid Services, may be used to	76852
make payments for free-standing psychiatric hospital inpatient	76853
services as defined in an interagency agreement with the	76854
Department of Job and Family Services.	76855

Section 335.20.50. PERFORMANCE AUDIT

76856

The Auditor of State shall complete a performance audit of	76857
the Department of Mental Health. Upon completing the performance	76858
audit, the Auditor of State shall submit a report of the findings	76859
of the audit to the Governor, the President of the Senate, the	76860
Speaker of the House of Representatives, and the Director of	76861
Mental Health. Expenses incurred by the Auditor of State to	76862
conduct the performance audit shall be reimbursed by the	76863
Department of Mental Health.	76864

Section 335.20.60. INTERNAL REVIEW

76865

The Director of Mental Health shall consult with the Director	76866
of Budget and Management and representatives of local and county	76867
mental health services agencies to conduct an internal review of	76868
policies and procedures to increase efficiency and identify and	76869
eliminate duplicative practices. Any savings identified as a	76870
result of the internal review or the performance audit conducted	76871
by the Auditor of State shall be used for community-based care.	76872

The Director of Mental Health shall seek Controlling Board	76873
approval before expending any funds identified as a result of the	76874
internal review or the performance audit.	76875

Section 335.30. DIVISION OF MENTAL HEALTH - HOSPITALS

76876

General Revenue Fund	76877

GRF	334-408	Community and Hospital Mental Health Services	$	400,324,545	$	400,324,545	76878
GRF	334-506	Court Costs	$	976,652	$	976,652	76879
TOTAL GRF General Revenue Fund			$	401,301,197	$	401,301,197	76880

General Services Fund Group	76881

149	334-609	Hospital - Operating Expenses	$	33,800,000	$	33,800,000	76882
150	334-620	Special Education	$	120,930	$	120,930	76883
TOTAL GSF General Services							76884
Fund Group			$	33,920,930	$	33,920,930	76885

Federal Special Revenue Fund Group	76886

3A6	334-608	Subsidy for Federal Grants	$	586,224	$	586,224	76887
3A8	334-613	Federal Letter of Credit	$	200,000	$	200,000	76888
3B0	334-617	Adult Basic and Literary Education	$	182,334	$	182,334	76889
3B1	334-635	Hospital Medicaid Expansion	$	2,000,000	$	2,000,000	76890
324	334-605	Medicaid/Medicare	$	34,500,000	$	50,500,000	76891
TOTAL FED Federal Special Revenue							76892
Fund Group			$	37,468,558	$	53,468,558	76893

State Special Revenue Fund Group	76894

485	334-632	Mental Health Operating	$	3,100,000	$	3,100,000	76895
692	334-636	Community Mental Health Board Risk Fund	$	80,000	$	80,000	76896
TOTAL SSR State Special Revenue							76897
Fund Group			$	3,180,000	$	3,180,000	76898
TOTAL ALL BUDGET FUND GROUPS			$	475,870,685	$	491,870,685	76899

Section 335.30.20. COMMUNITY MENTAL HEALTH BOARD RISK FUND

76901

The foregoing appropriation item 334-636, Community Mental	76902
Health Board Risk Fund, shall be used to make payments under	76903
section 5119.62 of the Revised Code.	76904

Section 335.40. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	76905
SERVICES	76906

General Revenue Fund	76907

GRF	335-404	Behavioral Health Services-Children	$	8,076,153	$	8,711,153	76908
GRF	335-405	Family & Children First	$	2,260,000	$	2,260,000	76909
GRF	335-419	Community Medication Subsidy	$	9,959,798	$	9,959,798	76910
GRF	335-505	Local Mental Health Systems of Care	$	104,187,868	$	104,187,868	76911
TOTAL GRF General Revenue Fund			$	124,483,819	$	125,118,819	76912

General Services Fund Group	76913

4P9	335-604	Community Mental Health Projects	$	250,000	$	250,000	76914
TOTAL GSF General Services							76915
Fund Group			$	250,000	$	250,000	76916

Federal Special Revenue Fund Group	76917

3A6	335-608	Federal Miscellaneous	$	2,178,699	$	2,178,699	76918
3A7	335-612	Social Services Block Grant	$	8,657,288	$	8,657,288	76919
3A8	335-613	Federal Grant - Community Mental Health Board Subsidy	$	2,595,040	$	2,595,040	76920
3A9	335-614	Mental Health Block Grant	$	14,969,400	$	14,969,400	76921
3B1	335-635	Community Medicaid Expansion	$	299,614,455	$	316,699,716	76922
TOTAL FED Federal Special Revenue Fund Group			$	328,014,882	$	345,100,143	76923

State Special Revenue Fund Group	76924

5AU	335-615	Behavioral Healthcare	$	6,690,000	$	6,690,000	76925
632	335-616	Community Capital Replacement	$	350,000	$	350,000	76926
5CH	335-622	Residential Support Service	$	1,500,000	$	1,500,000	76927
TOTAL SSR State Special Revenue Fund Group			$	8,540,000	$	8,540,000	76928

TOTAL ALL BUDGET FUND GROUPS	$	461,288,701	$	479,008,962	76929
DEPARTMENT TOTAL					76930
GENERAL REVENUE FUND	$	580,657,879	$	578,029,979	76931
DEPARTMENT TOTAL					76932
GENERAL SERVICES FUND GROUP	$	169,430,930	$	184,368,930	76933
DEPARTMENT TOTAL					76934
FEDERAL SPECIAL REVENUE					76935
FUND GROUP	$	385,131,197	$	418,216,458	76936
DEPARTMENT TOTAL					76937
STATE SPECIAL REVENUE FUND GROUP	$	16,059,867	$	16,039,867	76938
DEPARTMENT TOTAL					76939
TOTAL DEPARTMENT OF MENTAL HEALTH	$	1,151,279,873	$	1,196,655,234	76940

Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN

76942

The foregoing appropriation item 335-404, Behavioral Health	76943
Services-Children, shall be used to provide behavioral health	76944
services for children and their families. Behavioral health	76945
services include mental health and alcohol and other drug	76946
treatment services and other necessary supports.	76947

Of the foregoing appropriation item 335-404, Behavioral	76948
Health Services-Children, an amount up to $4.5 million in fiscal	76949
year 2008 and $5.5 million in fiscal year 2009 shall be	76950
distributed to local Alcohol, Drug Addiction, and Mental Health	76951
Boards; Community Mental Health Boards; and Alcohol and Drug	76952
Addiction Boards, based upon a distribution formula and guidance	76953
defined by a team of state and local stakeholders appointed by the	76954
Ohio Family and Children First Cabinet Council. This team shall	76955
include, but not be limited to, all of the following:	76956

(A) At least one representative from each of the Departments	76957
of Alcohol and Drug Addiction Services, Mental Health, Education,	76958
Health, Job and Family Services, Mental Retardation and	76959
Developmental Disabilities, and the Department of Youth Services;	76960

(B) At least one person representing local public children's	76961
services agencies;	76962

76963

(D) At least one person representing local Alcohol, Drug	76964
Addiction, and Mental Health Boards; Community Mental Health	76965
Boards; and Alcohol and Drug Addiction Boards;	76966

(E) At least one person representing local Family and	76967
Children First Council Coordinators;	76968

(F) At least one family representative.

76969

Funds may be used to support the following services and	76970
activities as determined by local Alcohol, Drug Addiction, and	76971
Mental Health Boards; Community Mental Health Boards; and Alcohol	76972
and Drug Addiction Boards and local family and children first	76973
councils and aligned with county service coordination mechanism as	76974
described in division (C) of section 121.37 of the Revised Code:	76975

(A) Mental health services provided by the Ohio Department of	76976
Mental Health certified agencies and alcohol and other drug	76977
services provided by Department of Alcohol and Drug Addiction	76978
Services certified agencies;	76979

(B) Services and supports for children and their families	76980
that further the implementation of their individual service plans;	76981

(C) Treatment services in out-of-home settings, including	76982
residential facilities, when other alternatives are not available	76983
or feasible;	76984

(D) Administrative support for efforts associated with this	76985
initiative;	76986

(E) These funds shall not be used to supplant existing	76987
efforts.	76988

Of the foregoing appropriation item 335-404, Behavioral	76989
Health Services-Children, an amount up to $1.0 million in fiscal	76990
year 2008 and $1.0 million in fiscal year 2009 shall be used to	76991
support projects, as determined by the Ohio Family and Children	76992
First Cabinet Council, in select areas around the state to focus	76993
on improving behavioral health juvenile justice services.	76994

Of the foregoing appropriation item 335-405, Family &	76995
Children First, an amount up to $500,000 in fiscal year 2008 and	76996
$500,000 in fiscal year 2009 shall be used for children for whom	76997
the primary focus of treatment is not a mental health or alcohol	76998
or drug addiction disorder and require services or supports to	76999
assist those needs through the County Family and Children First	77000
Council.	77001

Of the foregoing appropriation item 335-404, Behavioral	77002
Health Services – Children, an amount up to $500,000 in each	77003
fiscal year shall be used to provide behavioral health treatment	77004
services for children from birth to age seven.	77005

Section 335.40.15. BEHAVIORAL HEALTH PILOT PROGRAM IN	77006
SPECIFIED COUNTIES	77007

(A) As used in this section:

77008

(1) "Local boards" means all of the following, collectively:

77009

(a) The Clermont County Mental Health & Recovery Board;

77010

(b) The Heartland East Collaborative, which is comprised of	77011
the Ashtabula Mental Health & Recovery Board; the Columbiana	77012
County Mental Health & Recovery Board; the Mental Health &	77013
Recovery Board of Portage County; the Alcohol & Drug Addiction	77014
Services Board of Stark County; the Stark County Community Mental	77015
Health Board; and the Mental Health & Recovery Board of Wayne and	77016
Holmes Counties;	77017

(c) The Alcohol, Drug and Mental Health Board of Franklin	77018
County;	77019

(d) The Geauga County Board of Mental Health and Recovery	77020
Services;	77021

(e) The Mental Health, Drug and Alcohol Services Board of	77022
Logan and Champaign Counties;	77023

(f) The Mental Health & Recovery Services Board of Lucas	77024
County;	77025

(g) The Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction	77026
and Mental Health Services;	77027

(h) The Mental Health and Recovery Services Board of Richland	77028
County.	77029

(2) "Large county local boards" means the Alcohol, Drug and	77030
Mental Health Board of Franklin County and the Mental Health &	77031
Recovery Services Board of Lucas County.	77032

(3) "Medicaid managed care plan" means a health insuring	77033
corporation under contract with the Department of Job and Family	77034
Services pursuant to section 5111.17 of the Revised Code.	77035

(4) "Mid-size county local boards" means the Mental Health	77036
and Recovery Services Board of Richland County and the Clermont	77037
County Mental Health & Recovery Board.	77038

(5) "Selected local boards" means the local boards selected	77039
pursuant to division (B) of this section to participate in the	77040
behavioral health pilot program.	77041

(6) "Small county local boards" means the Geauga County Board	77042
of Mental Health and Recovery Services; the Mental Health, Drug	77043
and Alcohol Services Board of Logan and Champaign Counties; and	77044
the Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction and	77045
Mental Health Services.	77046

(B) The local boards and the Departments of Mental Health,	77047
Alcohol and Drug Addiction Services, and Job and Family Services	77048
shall select one large county local board, one mid-size county	77049
local board, and one small local board to participate with the	77050
Heartland East Collaborative in a behavioral health pilot program	77051
to be developed and operating not later than October 1, 2007, that	77052
serves the counties of the selected local boards and the counties	77053
served by the Heartland East Collaborative. The purpose of the	77054
program is to test a model of a system of care for community	77055
behavioral health services delivered to individuals described in	77056
division (E) of this section. The pilot program shall cease to	77057
operate on June 30, 2009.	77058

(C) The model tested by the pilot program shall propose to do	77059
all of the following:	77060

(1) Provide clinically appropriate and timely behavioral	77061
health services;	77062

(2) Provide improved access to a full continuum of behavioral	77063
health care to Medicaid recipients and individuals who are not	77064
Medicaid recipients;	77065

(3) Improve the quality of behavioral health services	77066
provided;	77067

(4) Improve accountability for behavioral health services	77068
provided through measurement of outcomes;	77069

(5) Control costs to assure financial viability;

77070

(6) Consider all public funds administered through the	77071
boards;	77072

(7) Coordinate with Medicaid managed care plans operating in	77073
the counties in which the pilot is operated.	77074

(8) Have the ability to be replicated in all regions of the	77075
state.	77076

(D) The pilot program may include the following elements:

77077

(1) Development of defined behavioral health service	77078
packages;	77079

(2) Guidelines to ensure that behavioral health service types	77080
and amounts match individual needs;	77081

(3) Identification and tracking of outcomes;

77082

(4) A process for care coordination and utilization review	77083
and management;	77084

(5) Performance standards for provider participation.

77085

(E) The pilot program shall target the following individuals:

77086

(1) Adults who reside in the counties served by the selected	77087
local boards and have been diagnosed as suffering from one or more	77088
serious mental illnesses;	77089

(2) Adults who reside in the counties served by the selected	77090
local boards and have been diagnosed as suffering from alcoholism	77091
or drug addiction, or both;	77092

(3) Adults who reside in the counties served by the selected	77093
local boards and have been diagnosed as suffering from at least	77094
one of the conditions described in division (E)(1) of this section	77095
and at least one of the conditions described in division (E)(2) of	77096
this section, who have been identified as having a high risk for	77097
frequent utilization of behavioral health services, and who	77098
currently receive services from the public behavioral health	77099
system.	77100

To the extent determined appropriate by the advisory	77101
committee that must be convened under division (G) of this	77102
section, the pilot program may target adults who reside in the	77103
counties served by the selected local boards and have been	77104
identified as having a high risk for frequent utilization of	77105
behavioral health services, regardless of diagnosis.	77106

(F) The selected local boards, the Departments of Mental	77107
Health, Alcohol and Drug Addiction Services, and Job and Family	77108
Services, and the Medicaid managed care plans operating in the	77109
counties in which the pilot is operated shall conduct an interim	77110
and final evaluation of the pilot program. A report summarizing	77111
the findings of the interim evaluation shall be submitted to the	77112
Governor, the Speaker and Minority Leader of the House of	77113
Representatives, the President and Minority Leader of the Senate,	77114
and the Directors of Mental Health, Alcohol and Drug Addiction	77115
Services, and Job and Family Services not later than January 30,	77116
2009. A report summarizing the findings of the final evaluation	77117
shall be submitted to the Governor, the Speaker and Minority	77118
Leader of the House of Representatives, the President and Minority	77119
Leader of the Senate, and the Directors of Mental Health, Alcohol	77120
and Drug Addiction Services, and Job and Family Services not later	77121
than September 1, 2009.	77122

(G) The selected local boards, Departments of Mental Health,	77123
Alcohol and Drug Addiction Services, and Job and Family Services,	77124
and Medicaid managed care plans operating in the counties in which	77125
the pilot is operated shall convene an advisory committee to	77126
consult the selected local boards and the Departments of Mental	77127
Health, Alcohol and Drug Addiction Services, and Job and Family	77128
Services in the development and operation of the pilot program.	77129
Members of the advisory committee shall represent consumers,	77130
advocacy groups, and providers of alcohol and drug addiction or	77131
mental health services.	77132

On submission of the report summarizing the results of the	77133
final evaluation of the pilot program, the advisory committee	77134
shall cease to exist.	77135

Section 335.40.20. COMMUNITY MEDICATION SUBSIDY

77136

The foregoing appropriation item 335-419, Community	77137
Medication Subsidy, shall be used to provide subsidized support	77138
for psychotropic medication needs of indigent citizens in the	77139
community to reduce unnecessary hospitalization because of lack of	77140
medication and to provide subsidized support for methadone costs.	77141

Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE

77142

The foregoing appropriation item 335-505, Local Mental Health	77143
Systems of Care, shall be used for mental health services provided	77144
by community mental health boards in accordance with a community	77145
mental health plan submitted under section 340.03 of the Revised	77146
Code and as approved by the Department of Mental Health.	77147

Of the foregoing appropriation item 334-505, Local Mental	77148
Health Systems of Care, not less than $37,058,917 in fiscal year	77149
2008 and not less than $37,058,917 in fiscal year 2009 shall be	77150
distributed by the Department of Mental Health on a per capita	77151
basis to community mental health boards.	77152

Of the foregoing appropriation item 335-505, Local Mental	77153
Health Systems of Care, $10,000 in each fiscal year shall be	77154
allocated to The Gathering Place in Athens.	77155

Of the foregoing appropriation 335-505, Local Mental Health	77156
Systems of Care, $150,000 in each fiscal year shall be used to	77157
fund family and consumer education and support.	77158

Section 335.40.40. RESIDENTIAL STATE SUPPLEMENT

77159

The foregoing appropriation item 335-622, Residential State	77160
Supplement, shall be used to provide subsidized support for	77161
licensed adult care facilities that serve individuals with mental	77162
illness.	77163

Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND	77164
DEVELOPMENTAL DISABILITIES	77165

Section 337.20. GENERAL ADMINISTRATION AND STATEWIDE	77166
SERVICES	77167

General Revenue Fund	77168

GRF	320-321	Central Administration	$	9,638,610	$	9,638,610	77169
GRF	320-412	Protective Services	$	2,792,322	$	2,792,322	77170
GRF	320-415	Lease-Rental Payments	$	23,767,400	$	20,504,500	77171
TOTAL GRF General Revenue Fund			$	36,198,332	$	32,935,432	77172

General Services Fund Group	77173

4B5	320-640	Training and Service Development	$	100,000	$	100,000	77174
TOTAL GSF General Services							77175
Fund Group			$	100,000	$	100,000	77176

Federal Special Revenue Fund Group	77177

3A5	320-613	DD Council	$	2,705,004	$	2,743,630	77178
TOTAL FED Federal Special Revenue							77179
Fund Group			$	2,705,004	$	2,743,630	77180

State Special Revenue Fund Group							77181
5S2	590-622	Medicaid Administration & Oversight	$	11,003,855	$	11,472,335	77182
TOTAL SSR State Special Revenue							77183
Fund Group			$	11,003,855	$	11,472,335	77184
TOTAL ALL GENERAL ADMINISTRATION							77185
AND STATEWIDE SERVICES							77186
BUDGET FUND GROUPS			$	50,007,191	$	47,251,397	77187

Section 337.20.10. LEASE-RENTAL PAYMENTS

77188

The foregoing appropriation item 320-415, Lease-Rental	77189
Payments, shall be used to meet all payments at the time they are	77190
required to be made during the period from July 1, 2007, to June	77191
30, 2009, by the Department of Mental Retardation and	77192
Developmental Disabilities under leases and agreements made under	77193
section 154.20 of the Revised Code. These appropriations are the	77194
source of funds pledged for bond service charges or obligations	77195
issued pursuant to Chapter 154. of the Revised Code.	77196

Section 337.20.20. MR/DD FUTURES STUDY COMMITTEE

77197

(A) There is hereby created the MR/DD Futures Study	77198
Committee. The Committee shall consist of the following:	77199

(1) One member who is an individual eligible to receive	77200
services from a county board of mental retardation and	77201
developmental disabilities, appointed by the Governor;	77202

(2) One member who is an immediate family member of an	77203
individual eligible to receive services from a county board of	77204
mental retardation and developmental disabilities, appointed by	77205
the Governor;	77206

(3) Two members who are members of the House of	77207
Representatives, appointed by the Speaker of the House of	77208
Representatives as follows:	77209

(a) One member from the majority party;

77210

(b) One member from the minority party.

77211

(4) Two members who are members of the Senate, appointed by	77212
the President of the Senate as follows:	77213

(a) One member from the majority party;

77214

(b) One member from the minority party.

77215

(5) Four members of statewide advocacy organizations for	77216
individuals with mental retardation or other developmental	77217
disabilities, appointed as follows:	77218

(a) One member by the Board of Trustees of the Arc of Ohio;

77219

(b) One member by the Board of Directors of the Ohio League	77220
for the Mentally Retarded;	77221

77222

(d) One member by the governing board of an organization	77223
designated by the Director of Mental Retardation and Developmental	77224
Disabilities;	77225

(6) One member appointed by the Board of Directors of the	77226
Ohio Self-Determination Association;	77227

(7) One member appointed by the governing authority of the	77228
Ohio Superintendents of County Boards of Mental Retardation and	77229
Developmental Disabilities Association;	77230

(8) Two members appointed by the Board of Trustees of the	77231
Ohio Association of County Boards of Mental Retardation and	77232
Developmental Disabilities;	77233

(9) One member appointed by the Board of Trustees of the	77234
County Commissioners' Association of Ohio;	77235

(10) Two members appointed by the Board of Trustees of the	77236
Ohio Provider Resource Association;	77237

(11) One member appointed by the Board of Directors of the	77238
Ohio Health Care Association;	77239

(12) The Director of Job and Family Services or the	77240
Director's designee;	77241

(13) Two members appointed by the Governor who are	77242
representatives of statewide labor organizations representing	77243
public employees;	77244

(14) The Director of Mental Retardation and Developmental	77245
Disabilities, who shall serve as the committee's chairperson.	77246

(B) The Governor shall not appoint an individual under	77247
division (A)(1) or (2) of this section if the individual is an	77248
employee of the state, an employee or member of a county board of	77249
mental retardation and developmental disabilities, or an employee	77250
or a governing board member of a provider of services to an	77251
individual with mental retardation and developmental disabilities.	77252

(C) Members of the Committee shall be appointed not later	77253
than thirty days after the effective date of this section. Members	77254
of the Committee shall serve without compensation, except to the	77255
extent that serving on the committee is considered part of their	77256
regular employment duties. The Department of Mental Retardation	77257
and Developmental Disabilities may reimburse members of the	77258
Committee for their reasonable travel expenses.	77259

(D) The Committee shall meet at times and locations	77260
determined by the chairperson to do all of the following:	77261

(1) Review the effectiveness, efficiency, and sustainability	77262
of current uses of funding for the state's mental retardation and	77263
developmental disabilities system;	77264

(2) Propose alternatives for effectively funding the	77265
nonfederal share of Medicaid expenditures for home and	77266
community-based services for individuals with mental retardation	77267
and other developmental disabilities, including the amendments by	77268
this act to sections 5123.047, 5123.048, 5123.0414, 5126.059,	77269
5126.0510, 5126.0511, and 5126.0512 of the Revised Code.	77270

(3) Identify the potential for reducing administrative costs	77271
in the state's mental retardation and developmental disabilities	77272
system;	77273

(4) Propose alternatives for effectively balancing revenues	77274
available to the state and the county boards of mental retardation	77275
and developmental disabilities to fulfill their responsibilities	77276
for funding, planning, and monitoring the delivery of mental	77277
retardation and developmental disability services;	77278

(5) Examine the efficiency and effectiveness of the current	77279
system of separate and concurrent mental retardation and	77280
developmental disabilities accreditation, licensure,	77281
certification, quality assurance, and quality improvement	77282
activities and propose changes to improve that system;	77283

(6) Recommend steps necessary to assure the long term	77284
financial sustainability of mental retardation and developmental	77285
disability services to meet current and future needs while	77286
affording counties the ability to make local decisions about the	77287
priority uses of local tax levy funding;	77288

(7) Determine the feasibility and potential benefits of	77289
regional planning approaches to meet specialized and intensive	77290
service needs;	77291

(8) Propose improvements needed and action steps to fully	77292
realize the principle of self-determination by individuals with	77293
mental retardation and other developmental disabilities;	77294

(9) Evaluate the effectiveness and equity of the state's	77295
mental retardation and developmental disabilities systems' uses of	77296
waiting and service substitution lists, priority populations, and	77297
having separate acuity instruments that vary by service setting;	77298

(10) Review other matters the Director of Mental Retardation	77299
and Developmental Disabilities considers appropriate for	77300
evaluations.	77301

(E) The Committee shall not transact business unless a quorum	77302
is present. A majority of the Committee members constitutes a	77303
quorum.	77304

(F) Not later than March 30, 2008, the Committee shall submit	77305
a report on its actions and recommendations to the Governor and	77306
General Assembly. The Committee shall cease to exist on submission	77307
of the report.	77308

Section 337.30. COMMUNITY SERVICES

77309

General Revenue Fund	77310

GRF	322-413	Residential and Support Services	$	6,753,881	$	6,753,881	77311
GRF	322-416	Medicaid Waiver - State Match	$	109,551,380	$	109,551,380	77312
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	77313
GRF	322-501	County Boards Subsidies	$	87,270,048	$	87,270,048	77314
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	77315
GRF	322-504	Martin Settlement	$	6,159,766	$	29,036,451	77316
TOTAL GRF General Revenue Fund			$	230,673,973	$	253,550,658	77317

General Services Fund Group	77318

488	322-603	Provider Audit Refunds	$	10,000	$	10,000	77319
5MO	322-628	Martin Settlement	$	150,000	$	0	77320
TOTAL GSF General Services							77321
Fund Group			$	160,000	$	10,000	77322

Federal Special Revenue Fund Group	77323

3G6	322-639	Medicaid Waiver - Federal	$	456,311,171	$	506,618,829	77324
3M7	322-650	CAFS Medicaid	$	4,278,713	$	0	77325
325	322-612	Community Social Service Programs	$	11,186,114	$	11,164,639	77326
TOTAL FED Federal Special Revenue							77327
Fund Group			$	471,775,998	$	517,783,468	77328

State Special Revenue Fund Group	77329

4K8	322-604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	77330
5DJ	322-625	Targeted Case Management Match	$	11,082,857	$	11,470,757	77331
5DJ	322-626	Targeted Case Management Services	$	27,548,737	$	28,512,943	77332
5EV	322-627	Program Fees	$	20,000	$	20,000	77333
5H0	322-619	Medicaid Repayment	$	10,000	$	10,000	77334
5Z1	322-624	County Board Waiver Match	$	116,000,000	$	126,000,000	77335
TOTAL SSR State Special Revenue							77336
Fund Group			$	166,661,594	$	178,013,700	77337
TOTAL ALL COMMUNITY SERVICES							77338
BUDGET FUND GROUPS			$	869,271,565	$	949,357,826	77339

Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES

77341

The Department of Mental Retardation and Developmental	77342
Disabilities may designate a portion of appropriation item	77343
322-413, Residential and Support Services, for Sermak Class	77344
Services used to implement the requirements of the agreement	77345
settling the condecree in Sermak v. Manuel, Case No. c-2-80-220,	77346
United States District Court for the Southern District of Ohio,	77347
Eastern Division.	77348

Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE	77349
PROGRAMS	77350

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	77351
the Department of Mental Retardation and Developmental	77352
Disabilities may develop residential and support service programs	77353
funded by appropriation item 322-413, Residential and Support	77354
Services, and the appropriation for supported living in	77355
appropriation item 322-501, County Board Subsidy, that enable	77356
persons with mental retardation and developmental disabilities to	77357
live in the community. Notwithstanding Chapter 5121. and section	77358
5123.122 of the Revised Code, the Department may waive the support	77359
collection requirements of those statutes for persons in community	77360
programs developed by the Department under this section. The	77361
Department shall adopt rules under Chapter 119. of the Revised	77362
Code or may use existing rules for the implementation of these	77363
programs.	77364

Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

77365

Except as otherwise provided in section 5123.0416 of the	77366
Revised Code, the purposes for which the foregoing appropriation	77367
item 322-416, Medicaid Waiver - State Match, shall be used include	77368
the following:	77369

(A) Home and community-based waiver services under Title XIX	77370
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	77371
as amended.	77372

(B) To pay the nonfederal share of the cost of one or more	77373
new intermediate care facility for the mentally retarded certified	77374
beds, if the Director of Mental Retardation and Developmental	77375
Disabilities is required by this act to transfer to the Director	77376
of Job and Family Services funds to pay such nonfederal share.	77377

Except as otherwise provided in section 5123.0416 of the	77378
Revised Code, the Department of Mental Retardation and	77379
Developmental Disabilities may designate a portion of	77380
appropriation item 322-416, Medicaid Waiver - State Match, to	77381
county boards of mental retardation and developmental disabilities	77382
that have greater need for various residential and support	77383
services because of a low percentage of residential and support	77384
services development in comparison to the number of individuals	77385
with mental retardation or developmental disabilities in the	77386
county.	77387

Section 337.30.40. STATE SUBSIDY TO COUNTY MR/DD BOARDS

77388

Except as otherwise provided in Section 337.40.30 of this	77389
act, the Department of Mental Retardation and Developmental	77390
Disabilities shall use the foregoing appropriation item 322-501,	77391
County Boards Subsidy, to pay each county board of mental	77392
retardation and developmental disabilities in each fiscal year of	77393
the biennium an amount that is equal to the amount such board	77394
received in fiscal year 2007 from former appropriation items	77395
322-417, Supported Living; 322-452, Service and Support	77396
Administration; and 322-501, County Boards Subsidies.	77397

Except as otherwise provided in section 5126.0511 of the	77398
Revised Code, county boards shall use the subsidy for early	77399
childhood services and adult services provided under section	77400
5126.05 of the Revised Code, service and support administration	77401
provided under section 5126.15 of the Revised Code, and supported	77402
living as defined in section 5126.01 of the Revised Code.	77403

In the event that the appropriation in appropriation item	77404
322-501, County Board Subsidy, for fiscal year 2008 or fiscal year	77405
2009 is greater than the subsidy paid by the Department for fiscal	77406
year 2007 from former appropriation items 332-417, Supported	77407
Living; 322-452, Services and Support Administration; and 322-501,	77408
County Boards Subsidies, the Department and county boards shall	77409
develop a formula for allocating the additional appropriation to	77410
each county board to support priorities determined by the	77411
Department and county boards.	77412

The Department shall distribute this subsidy to county boards	77413
in quarterly installments of equal amounts. The installments shall	77414
be made not later than the thirtieth day of September, the	77415
thirty-first day of December, the thirty-first day of March, and	77416
thirtieth day of June.	77417

The Department also may use the foregoing appropriation item	77418
322-501, County Boards Subsidy, to pay the nonfederal share of the	77419
cost of one or more new intermediate care facility for the	77420
mentally retarded certified beds, if the Director of Mental	77421
Retardation and Developmental Disabilities is required by this act	77422
to transfer to the Director of Job and Family Services funds to	77423
pay such nonfederal share.	77424

Section 337.30.43. TAX EQUITY

77425

Notwithstanding section 5126.18 of the Revised Code, if a	77426
county board of mental retardation and developmental disabilities	77427
received a tax equity payment in fiscal year 2007, but would not	77428
receive such a payment in fiscal years 2008 and 2009, the	77429
Department of Mental Retardation and Developmental Disabilities	77430
shall use the foregoing appropriation item 322-503, Tax Equity, to	77431
pay each such board in each fiscal year of the biennium an amount	77432
that is equal to the tax equity payment the board received in	77433
fiscal year 2007 or $25,000, whichever is less. The Department	77434
shall use the remainder of the appropriation item to make tax	77435
equity payments in accordance with section 5126.18 of the Revised	77436
Code.	77437

Section 337.30.45. MARTIN CONSENT ORDER COMPLIANCE

77438

To comply with the Martin Consent Order, on July 1, 2007, or	77439
as soon as possible thereafter, the Director of Budget and	77440
Management shall transfer $150,000 in cash from the General	77441
Revenue Fund to the Program Income Fund (FUND 5MO).	77442

Section 337.30.50. MEDICAID WAIVER - STATE MATCH (FUND 4K8)

77443

The foregoing appropriation item 322-604, Medicaid Waiver -	77444
State Match (Fund 4K8), shall be used as state matching funds for	77445
the home and community-based waivers.	77446

Section 337.30.60. TARGETED CASE MANAGEMENT SERVICES

77447

County boards of mental retardation and developmental	77448
disabilities shall pay the nonfederal portion of targeted case	77449
management costs to the Department of Mental Retardation and	77450
Developmental Disabilities. The Director of Mental Retardation and	77451
Developmental Disabilities shall withhold any amount owed to the	77452
Department from subsequent disbursements from any appropriation	77453
item or money otherwise due to a nonpaying county.	77454

The Departments of Mental Retardation and Developmental	77455
Disabilities and Job and Family Services may enter into an	77456
interagency agreement under which the Department of Mental	77457
Retardation and Developmental Disabilities shall pay the	77458
Department of Job and Family Services the nonfederal portion of	77459
the cost of targeted case management services paid by county	77460
boards and the Department of Job and Family Services shall pay the	77461
total cost of targeted case management claims.	77462

Section 337.30.70. TRANSFER TO PROGRAM FEE FUND

77463

On July 1, 2007, or as soon as possible thereafter, the	77464
Director of Mental Retardation and Developmental Disabilities	77465
shall certify to the Director of Budget and Management the amount	77466
of cash that has been deposited into Fund 4B5,	77467
Conference/Training, pursuant to sections 5123.19 and 5126.25 of	77468
the Revised Code, less the amount that has been expended from Fund	77469
4B5 to operate the Certification and Registration Program	77470
established under section 5126.25 of the Revised Code and to	77471
license and inspect residential facilities as outlined in section	77472
5123.19 of the Revised Code. The certified amount shall not	77473
include amounts deposited into Fund 4B5 for training and	77474
conferences conducted by the Department of Mental Retardation and	77475
Developmental Disabilities. Upon receipt of the certification, the	77476
Director of Budget and Management shall transfer cash equal to the	77477
amount certified and all associated liabilities and obligations to	77478
Fund 5EV, Program Fee Fund, in the Department of Mental	77479
Retardation and Developmental Disabilities.	77480

Section 337.30.80. DEVELOPMENTAL CENTER BILLING FOR SERVICES

77481

Developmental centers of the Department of Mental Retardation	77482
and Developmental Disabilities may provide services to persons	77483
with mental retardation or developmental disabilities living in	77484
the community or to providers of services to these persons. The	77485
Department may develop a method for recovery of all costs	77486
associated with the provisions of these services.	77487

Section 337.40. RESIDENTIAL FACILITIES

77488

General Revenue Fund	77489

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		77490
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		77491

General Services Fund Group	77492

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	77493
TOTAL GSF General Services							77494
Fund Group			$	912,177	$	912,177	77495

Federal Special Revenue Fund Group	77496

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	77497
TOTAL FED Federal Special Revenue							77498
Fund Group			$	136,299,536	$	137,555,308	77499

State Special Revenue Fund Group	77500

221	322-620	Supplement Service Trust	$	150,000	$	150,000	77501
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	77502
TOTAL SSR State Special Revenue							77503
Fund Group			$	14,693,764	$	14,821,616	77504
TOTAL ALL RESIDENTIAL FACILITIES							77505
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	77506

DEPARTMENT TOTAL					77507
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	77508
DEPARTMENT TOTAL					77509
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	77510
DEPARTMENT TOTAL					77511
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	77512
DEPARTMENT TOTAL					77513
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	204,307,651	77514
TOTAL DEPARTMENT OF MENTAL					77515
RETARDATION AND DEVELOPMENTAL					77516
DISABILITIES	$	1,173,981,084	$	1,252,695,175	77517

Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	77519
PHARMACY PROGRAMS	77520

The Department of Mental Retardation and Developmental	77521
Disabilities shall pay the Department of Job and Family Services	77522
quarterly, through intrastate transfer voucher, the nonfederal	77523
share of Medicaid prescription drug claim costs for all	77524
developmental centers paid by the Department of Job and Family	77525
Services.	77526

Section 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	77527
PROGRAM	77528

The Director of Mental Retardation and Developmental	77529
Disabilities shall establish, as part of the Individual Options	77530
Medicaid Waiver program, a pilot program to be operated during	77531
calendar year 2009 under which the Gallipolis Developmental	77532
Center provides home and community-based services under the	77533
Individual Options Medicaid waiver program to not more than ten	77534
individuals at one time. Money shall be expended on the pilot	77535
program beginning in the first half of calendar year 2009.	77536

The pilot program shall be operated in a manner consistent	77537
with the terms of the consent order filed March 5, 2007, in Martin	77538
v. Strickland, Case No. 89-CV-00362, in the United States District	77539
Court for the Southern District of Ohio, Eastern Division. The	77540
pilot program also shall be operated in accordance with the	77541
federal Medicaid waiver authorizing the Individual Options	77542
Medicaid waiver program. Only individuals eligible for the	77543
Individual Options Medicaid waiver program who volunteer to	77544
receive home and community-based services under the Individual	77545
Options Medicaid waiver program from the Gallipolis Developmental	77546
Center may participate in the pilot program. The Director of	77547
Mental Retardation and Developmental Disabilities and the	77548
Director of Job and Family Services shall provide the Gallipolis	77549
Developmental Center technical assistance the Center needs	77550
regarding the pilot program.	77551

All expenses the Gallipolis Developmental Center incurs in	77552
participating in the pilot program shall be paid from the	77553
Medicaid payments the Center receives for providing home and	77554
community-based services under the program.	77555

The Director of Mental Retardation and Developmental	77556
Disabilities shall conduct an evaluation of the pilot program,	77557
including an evaluation of the quality and effectiveness of the	77558
home and community-based services the Gallipolis Developmental	77559
Center provides under the pilot program. The Director shall submit	77560
a report of the evaluation to the Governor and the General	77561
Assembly not later than April 1, 2010. The Director shall include	77562
in the report recommendations for or against permitting the	77563
Gallipolis Developmental Center to continue to provide home and	77564
community-based services under the Individual Options Medicaid	77565
waiver program and permitting other developmental centers to begin	77566
to provide these services.	77567

Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT	77568
SERVICES	77569

Any county funds received by the Department from county	77570
boards for active treatment shall be deposited in Fund 489, Mental	77571
Retardation Operating.	77572

Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

77573

(A) As used in this section, "intermediate care facility for	77574
the mentally retarded" has the same meaning as in section 5111.20	77575
of the Revised Code.	77576

(B) If one or more new beds obtain certification as an	77577
intermediate care facility for the mentally retarded bed on or	77578
after July 1, 2007, the Director of Mental Retardation and	77579
Developmental Disabilities shall transfer funds to the Department	77580
of Job and Family Services to pay the nonfederal share of the cost	77581
under the Medicaid Program for those beds. Except as otherwise	77582
provided in section 5123.0416 of the Revised Code, the Director	77583
shall use only the following funds for the transfer:	77584

(1) Funds appropriated to the Department of Mental	77585
Retardation and Developmental Disabilities in appropriation item	77586
322-416, Medicaid Waiver - State Match;	77587

(2) Funds appropriated to the Department in appropriation	77588
item 322-501, County Boards Subsidies.	77589

(C) If the beds are located in a county served by a county	77590
board of mental retardation and developmental disabilities that	77591
initiates or supports the beds' certification, the funds that the	77592
Director transfers under division (B) of this section shall be	77593
funds that the Director has allocated to the county board serving	77594
the county in which the beds are located unless the amount of the	77595
allocation is insufficient to pay the entire nonfederal share of	77596
the cost under the Medicaid Program for those beds. If the	77597
allocation is insufficient, the Director shall use as much of such	77598
funds allocated to other counties as is needed to make up the	77599
difference.	77600

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

77601

General Revenue Fund	77602

GRF	149-321	Operating Expenses	$	550,211	$	561,216	77603
GRF	149-501	Minority Health Grants	$	670,965	$	1,670,965	77604
GRF	149-502	Lupus Program	$	136,126	$	136,126	77605
TOTAL GRF General Revenue Fund			$	1,357,302	$	2,368,307	77606

Federal Special Revenue Fund Group	77607

3J9	149-602	Federal Grants	$	457,486	$	320,297	77608
TOTAL FED Federal Special Revenue							77609
Fund Group			$	457,486	$	320,297	77610

State Special Revenue Fund Group	77611

4C2	149-601	Minority Health Conference	$	150,000	$	150,000	77612
TOTAL SSR State Special Revenue							77613
Fund Group			$	150,000	$	150,000	77614
TOTAL ALL BUDGET FUND GROUPS			$	1,964,788	$	2,838,604	77615

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	77617
REGISTRATION BOARD	77618

General Service Fund Group	77619

4K9	865-601	Operating Expenses	$	334,995	$	334,995	77620
TOTAL GSF General Services							77621
Fund Group			$	334,995	$	334,995	77622
TOTAL ALL BUDGET FUND GROUPS			$	334,995	$	334,995	77623

CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND	77624
(FUND 4K9)	77625

Effective July 1, 2007, or as soon as possible thereafter,	77626
the Director of Budget and Management may transfer the cash	77627
balance in the Motor Vehicle Collision Repair Registration Fund	77628
(Fund 5H9), created in division (A) of section 4775.08 of the	77629
Revised Code, to the Occupational Licensing and Regulatory Fund	77630
(Fund 4K9), created in section 4743.05 of the Revised Code. The	77631
Director may cancel any existing encumbrances against	77632
appropriation item 865-609, Operating Expenses – CRB, in Fund 5H9,	77633
and re-establish them against appropriation item 865-601,	77634
Operating Expenses, in Fund 4K9. The amounts of the re-established	77635
encumbrances are hereby appropriated. The Motor Vehicle Collision	77636
Repair Registration Fund (Fund 5H9), created in division (A) of	77637
section 4775.08 of the Revised Code, is hereby abolished.	77638

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

77639

General Revenue Fund	77640

GRF	725-401	Wildlife-GRF Central Support	$	2,705,950	$	2,800,930	77641
GRF	725-404	Fountain Square Rental Payments - OBA	$	1,094,900	$	1,081,200	77642
GRF	725-407	Conservation Reserve Enhancement Program	$	1,000,000	$	1,000,000	77643
GRF	725-413	Lease Rental Payments	$	19,589,400	$	18,316,200	77644
GRF	725-423	Stream and Ground Water Gauging	$	311,910	$	311,910	77645
GRF	725-425	Wildlife License Reimbursement	$	500,000	$	400,000	77646
GRF	725-456	Canal Lands	$	332,859	$	332,859	77647
GRF	725-502	Soil and Water Districts	$	12,237,420	$	12,895,791	77648
GRF	725-903	Natural Resources General Obligation Debt Service	$	24,713,800	$	25,723,000	77649
GRF	727-321	Division of Forestry	$	8,541,511	$	8,541,511	77650
GRF	728-321	Division of Geological Survey	$	1,799,222	$	1,825,150	77651
GRF	729-321	Office of Information Technology	$	440,895	$	440,895	77652
GRF	730-321	Division of Parks and Recreation	$	39,874,841	$	39,874,841	77653
GRF	733-321	Division of Water	$	3,207,619	$	3,257,619	77654
GRF	736-321	Division of Engineering	$	3,118,703	$	3,118,703	77655
GRF	737-321	Division of Soil and Water	$	4,074,788	$	4,074,788	77656
GRF	738-321	Division of Real Estate and Land Management	$	2,291,874	$	2,291,874	77657
GRF	741-321	Division of Natural Areas and Preserves	$	3,220,000	$	3,050,000	77658
GRF	744-321	Division of Mineral Resources Management	$	3,068,167	$	3,068,167	77659
TOTAL GRF General Revenue Fund			$	132,123,859	$	132,405,438	77660

General Services Fund Group	77661

155	725-601	Departmental Projects	$	2,259,402	$	2,260,021	77662
157	725-651	Central Support Indirect	$	6,228,950	$	6,528,675	77663
204	725-687	Information Services	$	4,676,627	$	4,676,627	77664
207	725-690	Real Estate Services	$	64,000	$	64,000	77665
223	725-665	Law Enforcement Administration	$	2,230,485	$	2,358,307	77666
227	725-406	Parks Projects Personnel	$	110,000	$	110,000	77667
4D5	725-618	Recycled Materials	$	50,000	$	50,000	77668
4S9	725-622	NatureWorks Personnel	$	525,000	$	525,000	77669
4X8	725-662	Water Resources Council	$	125,000	$	125,000	77670
430	725-671	Canal Lands	$	1,150,082	$	1,150,082	77671
508	725-684	Natural Resources Publications	$	148,527	$	148,280	77672
510	725-631	Maintenance - State-owned Residences	$	353,611	$	303,611	77673
516	725-620	Water Management	$	2,913,618	$	2,931,513	77674
635	725-664	Fountain Square Facilities Management	$	3,609,835	$	3,640,398	77675
697	725-670	Submerged Lands	$	751,342	$	772,011	77676
TOTAL GSF General Services							77677
Fund Group			$	25,196,479	$	25,643,525	77678

Federal Special Revenue Fund Group	77679

3B3	725-640	Federal Forest Pass-Thru	$	225,000	$	225,000	77680
3B4	725-641	Federal Flood Pass-Thru	$	490,000	$	490,000	77681
3B5	725-645	Federal Abandoned Mine Lands	$	14,307,664	$	14,307,667	77682
3B6	725-653	Federal Land and Water Conservation Grants	$	2,000,000	$	2,000,000	77683
3B7	725-654	Reclamation - Regulatory	$	2,107,291	$	2,107,292	77684
3P0	725-630	Natural Areas and Preserves - Federal	$	215,000	$	215,000	77685
3P1	725-632	Geological Survey - Federal	$	655,000	$	720,000	77686
3P2	725-642	Oil and Gas-Federal	$	226,961	$	234,509	77687
3P3	725-650	Coastal Management - Federal	$	2,643,323	$	1,691,237	77688
3P4	725-660	Water - Federal	$	316,304	$	316,734	77689
3R5	725-673	Acid Mine Drainage Abatement/Treatment	$	1,999,998	$	2,025,001	77690
3Z5	725-657	REALM-Federal	$	1,850,000	$	1,850,000	77691
332	725-669	Federal Mine Safety Grant	$	258,102	$	258,102	77692
TOTAL FED Federal Special Revenue							77693
Fund Group			$	27,294,643	$	26,440,542	77694

State Special Revenue Fund Group	77695

4J2	725-628	Injection Well Review	$	67,578	$	68,933	77696
4M7	725-631	Wildfire Suppression	$	70,000	$	0	77697
4M7	725-686	Wildfire Suppression	$	100,000	$	100,000	77698
4U6	725-668	Scenic Rivers Protection	$	407,100	$	407,100	77699
5BV	725-683	Soil and Water Districts	$	1,850,000	$	1,850,000	77700
5B3	725-674	Mining Regulation	$	28,850	$	28,850	77701
5K1	725-626	Urban Forestry Grant	$	10,000	$	12,000	77702
5P2	725-634	Wildlife Boater Angler Administration	$	3,500,000	$	3,500,000	77703
509	725-602	State Forest	$	5,070,946	$	5,211,924	77704
511	725-646	Ohio Geological Mapping	$	815,179	$	724,310	77705
512	725-605	State Parks Operations	$	27,314,288	$	27,314,288	77706
512	725-680	Parks Facilities Maintenance	$	2,576,240	$	2,576,240	77707
514	725-606	Lake Erie Shoreline	$	917,113	$	757,113	77708
518	725-643	Oil and Gas Permit Fees	$	2,574,378	$	2,586,568	77709
518	725-677	Oil and Gas Well Plugging	$	800,000	$	800,000	77710
521	725-627	Off-Road Vehicle Trails	$	198,490	$	143,490	77711
522	725-656	Natural Areas and Preserves	$	1,550,670	$	1,550,670	77712
526	725-610	Strip Mining Administration Fee	$	1,932,491	$	1,903,871	77713
527	725-637	Surface Mining Administration	$	1,852,842	$	1,946,591	77714
529	725-639	Unreclaimed Land Fund	$	2,892,516	$	2,024,257	77715
531	725-648	Reclamation Forfeiture	$	2,062,234	$	2,062,237	77716
532	725-644	Litter Control and Recycling	$	6,280,681	$	6,280,681	77717
586	725-633	Scrap Tire Program	$	1,000,000	$	1,000,000	77718
615	725-661	Dam Safety	$	548,223	$	595,416	77719
TOTAL SSR State Special Revenue							77720
Fund Group			$	64,419,819	$	63,444,539	77721

Clean Ohio Conservation Fund Group	77722

061	725-405		Clean Ohio Operating		$	155,000		$	155,000		77723
TOTAL CLF Clean Ohio Conservation Fund Group					$	155,000		$	155,000		77724

Wildlife Fund Group	77725

015	740-401	Division of Wildlife Conservation	$	53,706,000	$	54,906,000	77726
815	725-636	Cooperative Management Projects	$	120,449	$	120,449	77727
816	725-649	Wetlands Habitat	$	966,885	$	966,885	77728
817	725-655	Wildlife Conservation Checkoff Fund	$	5,000,000	$	5,000,000	77729
818	725-629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	77730
819	725-685	Ohio River Management	$	128,584	$	128,584	77731
TOTAL WLF Wildlife Fund Group			$	61,421,918	$	62,621,918	77732

Waterways Safety Fund Group	77733

086	725-414	Waterways Improvement	$	3,925,075	$	4,062,452	77734
086	725-418	Buoy Placement	$	52,182	$	52,182	77735
086	725-501	Waterway Safety Grants	$	137,867	$	137,867	77736
086	725-506	Watercraft Marine Patrol	$	576,153	$	576,153	77737
086	725-513	Watercraft Educational Grants	$	366,643	$	366,643	77738
086	739-401	Division of Watercraft	$	19,626,681	$	20,166,681	77739
5AW	725-682	Watercraft Revolving Loans	$	1,000,000	$	1,000,000	77740
TOTAL WSF Waterways Safety Fund							77741
Group			$	25,684,601	$	26,361,978	77742

Holding Account Redistribution Fund Group	77743

R17	725-659	Performance Cash Bond Refunds	$	279,263	$	279,263	77744
R43	725-624	Forestry	$	1,950,188	$	2,007,977	77745
TOTAL 090 Holding Account							77746
Redistribution Fund Group			$	2,229,451	$	2,287,240	77747

Accrued Leave Liability Fund Group	77748

4M8	725-675	FOP Contract	$	20,844	$	20,844	77749
TOTAL ALF Accrued Leave							77750
Liability Fund Group			$	20,844	$	20,844	77751
TOTAL ALL BUDGET FUND GROUPS			$	338,546,614	$	339,381,024	77752

Section 343.20. CENTRAL SUPPORT INDIRECT

77754

With the exception of the Division of Wildlife, whose direct	77755
and indirect central support charges shall be paid out of the	77756
General Revenue Fund from the foregoing appropriation item	77757
725-401, Wildlife-GRF Central Support, the Department of Natural	77758
Resources, with approval of the Director of Budget and Management,	77759
shall utilize a methodology for determining each division's	77760
payments into the Central Support Indirect Fund (Fund 157). The	77761
methodology used shall contain the characteristics of	77762
administrative ease and uniform application in compliance with	77763
federal grant requirements. It may include direct cost charges for	77764
specific services provided. Payments to the Central Support	77765
Indirect Fund (Fund 157) shall be made using an intrastate	77766
transfer voucher.	77767

Section 343.30. FOUNTAIN SQUARE

77768

The foregoing appropriation item 725-404, Fountain Square	77769
Rental Payments - OBA, shall be used by the Department of Natural	77770
Resources to meet all payments required to be made to the Ohio	77771
Building Authority during the period from July 1, 2007, to June	77772
30, 2009, pursuant to leases and agreements with the Ohio Building	77773
Authority under section 152.42 of the Revised Code. These	77774
appropriations are the source of funds pledged for bond service	77775
charges on obligations issued pursuant to Chapter 152. of the	77776
Revised Code.	77777

The Director of Natural Resources, using intrastate transfer	77778
vouchers, shall make payments to the General Revenue Fund from	77779
funds other than the General Revenue Fund to reimburse the General	77780
Revenue Fund for the other funds' shares of the lease rental	77781
payments to the Ohio Building Authority. The transfers from the	77782
non-General Revenue funds shall be made within 10 days of the	77783
payment to the Ohio Building Authority for the actual amounts	77784
necessary to fulfill the leases and agreements pursuant to section	77785
152.241 of the Revised Code.	77786

The foregoing appropriation item 725-664, Fountain Square	77787
Facilities Management (Fund 635), shall be used for payment of	77788
repairs, renovation, utilities, property management, and building	77789
maintenance expenses for the Fountain Square Complex. Cash	77790
transferred by intrastate transfer vouchers from various	77791
department funds and rental income received by the Department of	77792
Natural Resources shall be deposited into the Fountain Square	77793
Facilities Management Fund (Fund 635).	77794

LEASE RENTAL PAYMENTS

77795

The foregoing appropriation item 725-413, Lease Rental	77796
Payments, shall be used to meet all payments at the times they are	77797
required to be made during the period from July 1, 2007, to June	77798
30, 2009, by the Department of Natural Resources pursuant to	77799
leases and agreements made under section 154.22 of the Revised	77800
Code. These appropriations are the source of funds pledged for	77801
bond service charges or obligations issued pursuant to Chapter	77802
154. of the Revised Code.	77803

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

77804

The foregoing appropriation item 725-903, Natural Resources	77805
General Obligation Debt Service, shall be used to pay all debt	77806
service and related financing costs during the period July 1,	77807
2007, to June 30, 2009, on obligations issued under sections	77808
151.01 and 151.05 of the Revised Code.	77809

Section 343.33. SPECIAL NEEDS PARK AND PLAY AREA

77810

Of the foregoing GRF appropriation item 741-321, Division of	77811
Natural Areas and Preserves, $170,000 in fiscal year 2008 shall be	77812
used by the City of Stow for the construction of a special needs	77813
play area and park facility.	77814

Section 343.40. WILDLIFE LICENSE REIMBURSEMENT

77815

Notwithstanding the limits of the transfer from the General	77816
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	77817
of the Revised Code, up to the amount available in appropriation	77818
item 725-425, Wildlife License Reimbursement, may be transferred	77819
from the General Revenue Fund to the Wildlife Fund (Fund 015).	77820
Pursuant to the certification of the Director of Budget and	77821
Management of the amount of foregone revenue in accordance with	77822
section 1533.15 of the Revised Code, the foregoing appropriation	77823
item in the General Revenue Fund, appropriation item 725-425,	77824
Wildlife License Reimbursement, shall be used to reimburse the	77825
Wildlife Fund (Fund 015) for the cost of hunting and fishing	77826
licenses and permits issued after June 30, 1990, to individuals	77827
who are exempted under the Revised Code from license, permit, and	77828
stamp fees.	77829

CANAL LANDS

77830

The foregoing appropriation item 725-456, Canal Lands, shall	77831
be used to transfer funds to the Canal Lands Fund (Fund 430) to	77832
provide operating expenses for the State Canal Lands Program. The	77833
transfer shall be made using an intrastate transfer voucher and	77834
shall be subject to the approval of the Director of Budget and	77835
Management.	77836

SOIL AND WATER DISTRICTS

77837

In addition to state payments to soil and water conservation	77838
districts authorized by section 1515.10 of the Revised Code, the	77839
Department of Natural Resources may pay to any soil and water	77840
conservation district, from authority in appropriation item	77841
725-502, Soil and Water Districts, an annual amount not to exceed	77842
$30,000, upon receipt of a request and justification from the	77843
district and approval by the Ohio Soil and Water Conservation	77844
Commission. The county auditor shall credit the payments to the	77845
special fund established under section 1515.10 of the Revised Code	77846
for the local soil and water conservation district. Moneys	77847
received by each district shall be expended for the purposes of	77848
the district. The foregoing appropriation item 725-683, Soil and	77849
Water Districts, shall be expended for the purposes described	77850
above, except that the funding source for this appropriation shall	77851
be a fee applied on the disposal of construction and demolition	77852
debris as provided in section 1515.14 of the Revised Code, as	77853
amended by this act.	77854

Of the foregoing appropriation item 725-683, Soil and Water	77855
Districts, $220,000 in each fiscal year shall be used to support	77856
the Heidelberg College Water Quality Laboratory.	77857

Of the foregoing appropriation item 725-683, Soil and Water	77858
Districts, $125,000 in each fiscal year shall be used for the	77859
Indian Lake Watershed in Logan County.	77860

Of the foregoing appropriation item 725-683, Soil and Water	77861
Districts, $100,000 in each fiscal year shall be used as state	77862
matching dollars for soil and water quality improvements utilizing	77863
best management practices in the Grand Lake St. Marys watershed.	77864

Of the foregoing appropriation item 725-502, Soil and Water	77865
Districts, $50,000 in each fiscal year shall be used for the	77866
Conservation Action Project.	77867

STATE PARK DEPRECIATION RESERVE

77868

The foregoing appropriation item 725-680, Parks Facilities	77869
Maintenance, shall be used by the Division of Parks and Recreation	77870
to maintain state park revenue-producing facilities in the best	77871
economic operating condition and to repair and replace equipment	77872
used in the operation of state park revenue producing facilities.	77873

OIL AND GAS WELL PLUGGING

77874

The foregoing appropriation item 725-677, Oil and Gas Well	77875
Plugging, shall be used exclusively for the purposes of plugging	77876
wells and to properly restore the land surface of idle and orphan	77877
oil and gas wells pursuant to section 1509.071 of the Revised	77878
Code. No funds from the appropriation item shall be used for	77879
salaries, maintenance, equipment, or other administrative	77880
purposes, except for those costs directly attributed to the	77881
plugging of an idle or orphan well. Appropriation authority from	77882
this appropriation item shall not be transferred to any other fund	77883
or line item.	77884

LITTER CONTROL AND RECYCLING

77885

Of the foregoing appropriation item, 725-644, Litter Control	77886
and Recycling, not more than $1,500,000 may be used in each fiscal	77887
year for the administration of the Recycling and Litter Prevention	77888
program.	77889

CLEAN OHIO OPERATING EXPENSES

77890

The foregoing appropriation item 725-405, Clean Ohio	77891
Operating, shall be used by the Department of Natural Resources in	77892
administering section 1519.05 of the Revised Code.	77893

WATERWAYS IMPROVEMENTS

77894

Of the foregoing appropriation item 725-414, Waterways	77895
Improvement, $50,000 in each fiscal year shall be used for	77896
dredging operations at Fairport Harbor.	77897

WATERCRAFT MARINE PATROL

77898

Of the foregoing appropriation item 739-401, Division of	77899
Watercraft, not more than $200,000 in each fiscal year shall be	77900
expended for the purchase of equipment for marine patrols	77901
qualifying for funding from the Department of Natural Resources	77902
pursuant to section 1547.67 of the Revised Code. Proposals for	77903
equipment shall accompany the submission of documentation for	77904
receipt of a marine patrol subsidy pursuant to section 1547.67 of	77905
the Revised Code and shall be loaned to eligible marine patrols	77906
pursuant to a cooperative agreement between the Department of	77907
Natural Resources and the eligible marine patrol.	77908

WATERCRAFT REVOLVING LOAN PROGRAM

77909

Upon certification by the Director of Natural Resources, the	77910
Director of Budget and Management shall transfer an amount not to	77911
exceed $1,000,000 in fiscal year 2008 and not to exceed $1,000,000	77912
in fiscal year 2009 so certified from the Waterways Safety Fund	77913
(Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The	77914
moneys shall be used pursuant to sections 1547.721 to 1547.726 of	77915
the Revised Code.	77916

PARKS CAPITAL EXPENSES FUND

77917

The Director of Natural Resources shall submit to the	77918
Director of Budget and Management the estimated design,	77919
engineering, and planning costs of capital-related work to be done	77920
by Department of Natural Resources staff for parks projects. If	77921
the Director of Budget and Management approves the estimated	77922
costs, the Director may release appropriations from appropriation	77923
item 725-406, Parks Projects Personnel, for those purposes. Upon	77924
release of the appropriations, the Department of Natural Resources	77925
shall pay for these expenses from the Parks Capital Expenses Fund	77926
(Fund 227). Expenses paid from Fund 227 shall be reimbursed by the	77927
Parks and Recreation Improvement Fund (Fund 035) using an	77928
intrastate transfer voucher.	77929

CAPITAL EXPENSES FUND

77930

The Department of Natural Resources shall periodically	77931
prepare and submit to the Director of Budget and Management the	77932
estimated design, planning, and engineering costs of	77933
capital-related work to be done by the Department of Natural	77934
Resources for each project. Based on the estimates, the Director	77935
of Budget and Management may release appropriations from	77936
appropriation item CAP-753, Project Planning, within the Ohio	77937
Parks and Natural Resources Fund (Fund 031) to pay for design,	77938
planning, and engineering costs incurred by the Department of	77939
Natural Resources for the projects. Upon release of the	77940
appropriations by the Director of Budget and Management, the	77941
Department of Natural Resources shall pay for these expenses from	77942
the Capital Expenses Fund (Fund 4S9), and shall be reimbursed by	77943
the Ohio Parks and Natural Resources Fund (Fund 031) using an	77944
intrastate voucher.	77945

FUND CONSOLIDATION

77946

On July 1, 2007, or as soon thereafter as possible, the	77947
Director of Budget and Management shall transfer the cash balance	77948
as certified by the Director of Natural Resources from the Federal	77949
Forestry Fund (Fund 328) to the State Forest Fund (Fund 509). The	77950
Director shall cancel any remaining outstanding encumbrances	77951
against appropriation item 725-603, Forestry-Federal, and	77952
re-establish them against appropriation item 725-602, State	77953
Forest. The amounts of any encumbrances canceled and	77954
re-established are hereby appropriated.	77955

On July 1, 2007, or as soon thereafter as possible, the	77956
Director of Budget and Management shall transfer the cash balance	77957
as certified by the Director of Natural Resources from the REALM	77958
Support Services Fund (Fund 206) to the Fountain Square Facilities	77959
Management Fund (Fund 635). The Director shall cancel any	77960
remaining outstanding encumbrances against appropriation item	77961
725-689, REALM Support Services, and re-establish them against	77962
appropriation item 725-664, Fountain Square Facilities Management.	77963
The amounts of any encumbrances canceled and re-established are	77964
hereby appropriated.	77965

STATE PARK OPERATING

77966

All proceeds from insurance companies and any other sources	77967
for the replacement and construction of the Lake Hope Lodge and	77968
its appurtenances shall be deposited into the State Park Operating	77969
Fund (Fund 512).	77970

Section 345.10. NUR STATE BOARD OF NURSING

77971

General Services Fund Group	77972

4K9	884-609	Operating Expenses	$	5,661,280	$	5,661,280	77973
5P8	884-601	Nursing Special Issues	$	5,000	$	5,000	77974
5AC	884-602	Nurse Education Grant Program	$	1,450,000	$	1,450,000	77975
TOTAL GSF General Services							77976
Fund Group			$	7,116,280	$	7,116,280	77977
TOTAL ALL BUDGET FUND GROUPS			$	7,116,280	$	7,116,280	77978

NURSING SPECIAL ISSUES

77979

The foregoing appropriation item 884-601, Nursing Special	77980
Issues (Fund 5P8), shall be used to pay the costs the Board of	77981
Nursing incurs in implementing section 4723.062 of the Revised	77982
Code.	77983

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	77984
AND ATHLETIC TRAINERS BOARD	77985

General Services Fund Group	77986

4K9	890-609	Operating Expenses	$	892,241	$	963,984	77987
TOTAL GSF General Services Fund Group			$	892,241	$	963,984	77988
TOTAL ALL BUDGET FUND GROUPS			$	892,241	$	963,984	77989

Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION

77991

General Revenue Fund	77992

GRF	355-501	Library Subsidy	$	200,000	$	200,000	77993
TOTAL GRF General Revenue Fund			$	200,000	$	200,000	77994
TOTAL ALL BUDGET FUND GROUPS			$	200,000	$	200,000	77995

Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD

77997

General Services Fund Group	77998

4K9	894-609	Operating Expenses	$	333,656	$	345,324	77999
TOTAL GSF General Services							78000
Fund Group			$	333,656	$	345,324	78001
TOTAL ALL BUDGET FUND GROUPS			$	333,656	$	345,324	78002

Section 353.10. OPT STATE BOARD OF OPTOMETRY

78004

General Services Fund Group	78005

4K9	885-609	Operating Expenses	$	344,571	$	351,071	78006
TOTAL GSF General Services							78007
Fund Group			$	344,571	$	351,071	78008
TOTAL ALL BUDGET FUND GROUPS			$	344,571	$	351,071	78009

Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	78011
AND PEDORTHICS	78012

General Services Fund Group	78013

4K9	973-609	Operating Expenses	$	111,300	$	116,260	78014
TOTAL GSF General Services							78015
Fund Group			$	111,300	$	116,260	78016
TOTAL ALL BUDGET FUND GROUPS			$	111,300	$	116,260	78017

Section 357.10. PBR STATE PERSONNEL BOARD OF REVIEW

78018

General Revenue Fund	78019

GRF	124-321		Operating		$	1,148,181		$	1,201,643		78020
TOTAL GRF General Revenue Fund					$	1,148,181		$	1,201,643		78021

General Services Fund Group	78022

636	124-601	Records and Reporting Support	$	15,000	$	15,000	78023
TOTAL GSF General Services							78024
Fund Group			$	15,000	$	15,000	78025
TOTAL ALL BUDGET FUND GROUPS			$	1,163,181	$	1,216,643	78026

Section 359.10. UST PETROLEUM UNDERGROUND STORAGE TANK

78028

Agency Fund Group	78029

691	810-632	PUSTRCB Staff	$	1,116,658	$	1,169,181	78030
TOTAL AGY Agency Fund Group			$	1,116,658	$	1,169,181	78031
TOTAL ALL BUDGET FUND GROUPS			$	1,116,658	$	1,169,181	78032

Section 361.10. PRX STATE BOARD OF PHARMACY

78034

General Services Fund Group	78035

4A5	887-605	Drug Law Enforcement	$	75,550	$	75,550	78036
4K9	887-609	Operating Expenses	$	4,874,572	$	5,251,032	78037
TOTAL GSF General Services Fund Group			$	4,950,122	$	5,326,582	78038

Federal Special Revenue Fund Group	78039

3BC	887-604	Dangerous Drugs Database	$	558,531	$	491,405	78040
TOTAL FED Federal Special Revenue Fund Group			$	558,531	$	491,405	78041
TOTAL ALL BUDGET FUND GROUPS			$	5,508,653	$	5,817,987	78042

Section 363.10. PSY STATE BOARD OF PSYCHOLOGY

78044

General Services Fund Group	78045

4K9	882-609	Operating Expenses	$	586,565	$	586,565	78046
TOTAL GSF General Services							78047
Fund Group			$	586,565	$	586,565	78048
TOTAL ALL BUDGET FUND GROUPS			$	586,565	$	586,565	78049

Section 365.10. PUB OHIO PUBLIC DEFENDER COMMISSION

78051

General Revenue Fund	78052

GRF	019-321	Public Defender Administration	$	1,287,404	$	1,315,150	78053
GRF	019-401	State Legal Defense Services	$	5,914,023	$	6,120,592	78054
GRF	019-403	Multi-County: State Share	$	766,402	$	762,727	78055
GRF	019-404	Trumbull County - State Share	$	244,816	$	243,650	78056
GRF	019-405	Training Account	$	31,324	$	31,324	78057
GRF	019-501	County Reimbursement	$	29,834,251	$	29,572,857	78058
TOTAL GRF General Revenue Fund			$	38,078,220	$	38,046,300	78059

General Services Fund Group	78060

101	019-602	Inmate Legal Assistance	$	33,338	$	34,638	78061
407	019-604	County Representation	$	219,800	$	227,500	78062
408	019-605	Client Payments	$	611,537	$	476,760	78063
5CX	019-617	Civil Case Filing Fee	$	409,237	$	598,400	78064
TOTAL GSF General Services							78065
Fund Group			$	1,273,912	$	1,337,298	78066

Federal Special Revenue Fund Group	78067

3S8	019-608	Federal Representation	$	350,948	$	364,917	78068
TOTAL FED Federal Special Revenue							78069
Fund Group			$	350,948	$	364,917	78070

State Special Revenue Fund Group	78071

4C7	019-601	Multi-County: County Share	$	2,181,300	$	2,288,200	78072
4X7	019-610	Trumbull County - County Share	$	696,800	$	731,000	78073
574	019-606	Civil Legal Aid	$	40,000,000	$	40,000,000	78074
TOTAL SSR State Special Revenue							78075
Fund Group			$	42,878,100	$	43,019,200	78076
TOTAL ALL BUDGET FUND GROUPS			$	82,581,180	$	82,767,715	78077

INDIGENT DEFENSE OFFICE

78078

The foregoing appropriation items 019-404, Trumbull County -	78079
State Share, and 019-610, Trumbull County - County Share, shall be	78080
used to support an indigent defense office for Trumbull County.	78081

MULTI-COUNTY OFFICE

78082

The foregoing appropriation items 019-403, Multi-County:	78083
State Share, and 019-601, Multi-County: County Share, shall be	78084
used to support the Office of the Ohio Public Defender's	78085
Multi-County Branch Office Program.	78086

TRAINING ACCOUNT

78087

The foregoing appropriation item 019-405, Training Account,	78088
shall be used by the Ohio Public Defender to provide legal	78089
training programs at no cost for private appointed counsel who	78090
represent at least one indigent defendant at no cost and for state	78091
and county public defenders and attorneys who contract with the	78092
Ohio Public Defender to provide indigent defense services.	78093

FEDERAL REPRESENTATION

78094

The foregoing appropriation item 019-608, Federal	78095
Representation, shall be used to receive reimbursements from the	78096
federal courts when the Ohio Public Defender provides	78097
representation in federal court cases and to support	78098
representation in such cases.	78099

Section 367.10. DHS DEPARTMENT OF PUBLIC SAFETY

78100

General Revenue Fund	78101

GRF	763-403	Operating Expenses - EMA	$	4,164,697	$	4,164,697	78102
GRF	768-424	Operating Expenses - CJS	$	814,478	$	814,478	78103
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	752,000	$	752,000	78104
TOTAL GRF General Revenue Fund			$	5,731,175	$	5,731,175	78105

General Services Fund Group	78106

5ET	768-625		Drug Law Enforcement		$	800,000		$	800,000		78107
TOTAL GSF General Services Fund Group					$	800,000		$	800,000		78108

State Special Revenue Fund Group	78109

5CC	768-607	Public Safety Services	$	125,000	$	125,000	78110
5EX	768-690	Disaster Preparedness	$	350,000	$	350,000	78111
TOTAL SSR State Special Revenue Fund Group			$	475,000	$	475,000	78112

Tobacco Master Settlement Agreement Fund Group	78113

L87	767-406		Under-Age Tobacco Use Enforcement		$	0		$	375,000		78114
TOTAL TSF Tobacco Master Settlement Agreement Fund Group					$	0		$	375,000		78115

TOTAL ALL BUDGET FUND GROUPS

7,006,175

7,381,175

78116

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

78117

Of the foregoing appropriation item 763-403, Operating	78118
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	78119
the Ohio Task Force One - Urban Search and Rescue Unit and other	78120
urban search and rescue programs around the state to create a	78121
stronger search and rescue capability statewide.	78122

STATE FIRE MARSHAL FUND CASH TRANSFERS

78123

Notwithstanding section 3737.71 of the Revised Code, on July	78124
1, 2007, or as soon as possible thereafter, the Director of Budget	78125
and Management shall transfer $125,000 in cash from the State Fire	78126
Marshal Fund (Fund 546) in the Department of Commerce to the	78127
Public Safety Services Fund (Fund 5CC) in the Department of Public	78128
Safety.	78129

Notwithstanding section 3737.71 of the Revised Code, on July	78130
1, 2008, or as soon as possible thereafter, the Director of Budget	78131
and Management shall transfer $125,000 in cash from the State Fire	78132
Marshal Fund (Fund 546) in the Department of Commerce to the	78133
Public Safety Services Fund (Fund 5CC) in the Department of Public	78134
Safety.	78135

SOUTHERN OHIO DRUG TASK FORCE

78136

The foregoing appropriation item 768-607, Public Safety	78137
Services, shall be distributed by the Division of Criminal Justice	78138
Services in the Department of Public Safety directly to the	78139
Southern Ohio Drug Task Force.	78140

EMA DISASTER PREPAREDNESS AND RESPONSE GRANT

78141

Of the foregoing appropriation item 768-690, Disaster	78142
Preparedness, $275,000 in fiscal year 2008 and $350,000 in fiscal	78143
year 2009 shall be used for a grant to the American Red Cross	78144
Greater Columbus Chapter for implementation of programs to assist	78145
in disaster preparedness and response throughout Ohio. The	78146
American Red Cross Greater Columbus Chapter shall develop a	78147
funding plan that includes programmatic, infrastructure, and	78148
administrative costs. Moneys shall be released to the American Red	78149
Cross Greater Columbus Chapter not more than 45 days after	78150
submission of the plan to the Ohio Emergency Management Agency. Of	78151
the foregoing appropriation item 768-690, Disaster Preparedness,	78152
$75,000 in fiscal year 2008 shall be used for the Fire and	78153
Emergency Services Regionalization Project of Berea and Olmstead	78154
Falls.	78155

CASH TRANSFER TO THE DRUG LAW ENFORCEMENT FUND

78156

Notwithstanding any other provision of law to the contrary,	78157
on the first of July in each of 2007 and 2008, or as soon as	78158
practicable thereafter in each of those years, the Director of	78159
Budget and Management shall transfer $800,000 in cash from the	78160
Charitable Foundations Fund (Fund 418) to the Drug Law Enforcement	78161
Fund (Fund 5ET).	78162

The foregoing appropriation item 768-625, Drug Law	78163
Enforcement, shall be used by the Division of Criminal Justice	78164
Services of the Department of Public Safety for the purpose of	78165
awarding grants to local law enforcement agencies and local law	78166
enforcement task forces with regard to the enforcement of state	78167
drug laws and other state laws related to illegal drug activity.	78168

Section 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

78169

General Services Fund Group	78170

5F6	870-622	Utility and Railroad Regulation	$	32,820,027	$	33,804,627	78171
5F6	870-624	NARUC/NRRI Subsidy	$	158,000	$	158,000	78172
5F6	870-625	Motor Transportation Regulation	$	4,635,413	$	4,772,765	78173
TOTAL GSF General Services							78174
Fund Group			$	37,613,440	$	38,735,392	78175

Federal Special Revenue Fund Group	78176

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	78177
333	870-601	Gas Pipeline Safety	$	597,957	$	597,959	78178
350	870-608	Motor Carrier Safety	$	7,137,534	$	7,351,660	78179
TOTAL FED Federal Special Revenue							78180
Fund Group			$	8,035,491	$	8,249,619	78181

State Special Revenue Fund Group	78182

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	78183
4L8	870-617	Pipeline Safety-State	$	187,621	$	187,621	78184
4S6	870-618	Hazardous Material Registration	$	464,325	$	464,325	78185
4S6	870-621	Hazardous Materials Base State Registration	$	373,346	$	373,346	78186
4U8	870-620	Civil Forfeitures	$	284,986	$	284,986	78187
5BP	870-623	Wireless 9-1-1 Administration	$	26,875,000	$	13,375,000	78188
559	870-605	Public Utilities Territorial Administration	$	4,000	$	4,000	78189
560	870-607	Public Utilities Investigations	$	100,000	$	100,000	78190
561	870-606	Power Siting Board	$	404,651	$	404,652	78191
638	870-611	Biomass Energy Program	$	40,000	$	40,000	78192
661	870-612	Hazardous Materials Transportation	$	900,000	$	900,000	78193
TOTAL SSR State Special Revenue							78194
Fund Group			$	30,983,686	$	17,483,687	78195

Agency Fund Group	78196

4G4	870-616	Base State Registration Program	$	2,000,000	$	0	78197
TOTAL AGY Agency Fund Group			$	2,000,000	$	0	78198
TOTAL ALL BUDGET FUND GROUPS			$	78,632,617	$	64,468,698	78199

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

78200

The fund created by section 4923.26 of the Revised Code is	78201
the same fund, with a new name, as the Commercial Vehicle	78202
Information Systems and Networks Fund (Fund 3V3).	78203

ENHANCED AND WIRELESS ENHANCED 9-1-1

78204

The foregoing appropriation item 870-623, Wireless 9-1-1	78205
Administration, shall be used pursuant to section 4931.63 of the	78206
Revised Code.	78207

TELECOMMUNICATIONS RELAY SERVICE FUNDING

78208

The Telecommunications Relay Service Fund is hereby created	78209
in the state treasury. The vendor selected to provide	78210
telecommunications relay service in Ohio, as required by 47 C.F.R.	78211
64.601, shall submit an invoice to the Public Utilities Commission	78212
by January 31, 2009, for costs it has incurred in providing the	78213
service during calendar year 2008. The Public Utilities Commission	78214
shall notify the Director of Budget and Management of the amount	78215
invoiced, and the Director of Budget and Management shall transfer	78216
that amount from the Public Utilities Fund (Fund 5F6) to the	78217
Telecommunications Relay Service Fund on or before February 28,	78218
2009. The amount transferred shall be used to pay the	78219
telecommunications relay service vendor the amount invoiced. This	78220
amount is hereby appropriated.	78221

Section 371.10. PWC PUBLIC WORKS COMMISSION

78222

General Revenue Fund	78223

GRF	150-904	Conservation General Obligation Debt Service	$	14,847,200	$	19,779,200	78224
GRF	150-907	State Capital Improvements	$	177,513,600	$	188,696,300	78225
		General Obligation Debt Service					78226
TOTAL GRF General Revenue Fund			$	192,360,800	$	208,475,500	78227

Clean Ohio Conservation Fund Group	78228

056	150-403	Clean Ohio Operating Expenses	$	301,537	$	311,509	78229
TOTAL 056 Clean Ohio Conservation Fund Group			$	301,537	$	311,509	78230
TOTAL ALL BUDGET FUND GROUPS			$	192,662,337	$	208,787,009	78231

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

78232

The foregoing appropriation item 150-904, Conservation	78233
General Obligation Debt Service, shall be used to pay all debt	78234
service and related financing costs during the period from July 1,	78235
2007, through June 30, 2009, at the times they are required to be	78236
made for obligations issued under sections 151.01 and 151.09 of	78237
the Revised Code.	78238

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

78239

The foregoing appropriation item 150-907, State Capital	78240
Improvements General Obligation Debt Service, shall be used to pay	78241
all debt service and related financing costs during the period	78242
from July 1, 2007, to June 30, 2009, at the times they are	78243
required to be made for obligations issued under sections 151.01	78244
and 151.08 of the Revised Code.	78245

REIMBURSEMENT TO THE GENERAL REVENUE FUND

78246

(A) On or before July 15, 2009, the Director of the Public	78247
Works Commission shall certify to the Director of Budget and	78248
Management the following:	78249

(1) The total amount disbursed from appropriation item	78250
700-409, Farmland Preservation, during the fiscal year 2008-2009	78251
biennium; and	78252

(2) The amount of interest earnings that have been credited	78253
to the Clean Ohio Conservation Fund (Fund 056) that are in excess	78254
of the amount needed for other purposes as calculated by the	78255
Director of the Public Works Commission.	78256

(B) If the Director of Budget and Management determines under	78257
division (A)(2) of this section that there are excess interest	78258
earnings, the Director of Budget and Management shall, on or	78259
before July 15, 2009, transfer the excess interest earnings to the	78260
General Revenue Fund in an amount equal to the total amount	78261
disbursed under division (A)(1) of this section from the Clean	78262
Ohio Conservation Fund.	78263

CLEAN OHIO OPERATING EXPENSES

78264

The foregoing appropriation item 150-403, Clean Ohio	78265
Operating Expenses, shall be used by the Ohio Public Works	78266
Commission in administering sections 164.20 to 164.27 of the	78267
Revised Code.	78268

Section 373.10. RAC STATE RACING COMMISSION

78269

State Special Revenue Fund Group	78270

5C4	875-607	Simulcast Horse Racing Purse	$	16,000,000	$	16,000,000	78271
562	875-601	Thoroughbred Race Fund	$	3,100,000	$	3,100,000	78272
563	875-602	Standardbred Development Fund	$	2,600,000	$	2,600,000	78273
564	875-603	Quarterhorse Development Fund	$	1,000	$	1,000	78274
565	875-604	Racing Commission Operating	$	4,487,599	$	4,487,599	78275
TOTAL SSR State Special Revenue							78276
Fund Group			$	26,188,599	$	26,188,599	78277

Holding Account Redistribution Fund Group	78278

R21	875-605	Bond Reimbursements	$	212,900	$	212,900	78279
TOTAL 090 Holding Account Redistribution							78280
Fund Group			$	212,900	$	212,900	78281
TOTAL ALL BUDGET FUND GROUPS			$	26,401,499	$	26,401,499	78282

Section 375.10. BOR BOARD OF REGENTS

78284

General Revenue Fund	78285

GRF	235-321	Operating Expenses	$	3,141,351	$	3,141,351	78286
GRF	235-401	Lease Rental Payments	$	203,177,900	$	136,017,500	78287
GRF	235-402	Sea Grants	$	300,000	$	300,000	78288
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	78289
GRF	235-408	Midwest Higher Education Compact	$	95,000	$	95,000	78290
GRF	235-409	Information System	$	1,175,172	$	1,175,172	78291
GRF	235-414	State Grants and Scholarship Administration	$	1,707,881	$	1,707,881	78292
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	78293
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	78294
GRF	235-418	Access Challenge	$	66,585,769	$	66,585,769	78295
GRF	235-420	Success Challenge	$	53,653,973	$	53,653,973	78296
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	78297
GRF	235-433	Economic Growth Challenge	$	17,186,194	$	17,186,194	78298
GRF	235-434	College Readiness and Access	$	12,655,425	$	12,655,425	78299
GRF	235-435	Teacher Improvement Initiatives	$	4,797,506	$	11,297,506	78300
GRF	235-436	AccelerateOhio	$	1,250,000	$	2,500,000	78301
GRF	235-438	Choose Ohio First Scholarship	$	50,000,000	$	50,000,000	78302
GRF	235-439	Ohio Research Scholars	$	30,000,000	$	0	78303
GRF	235-451	Eminent Scholars	$	0	$	1,000,000	78304
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	78305
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	78306
GRF	235-501	State Share of Instruction	$	1,678,877,952	$	1,842,965,747	78307
GRF	235-502	Student Support Services	$	795,790	$	795,790	78308
GRF	235-503	Ohio Instructional Grants	$	42,533,966	$	18,315,568	78309
GRF	235-504	War Orphans Scholarships	$	4,812,321	$	4,812,321	78310
GRF	235-507	OhioLINK	$	7,387,824	$	7,387,824	78311
GRF	235-508	Air Force Institute of Technology	$	2,050,345	$	2,050,345	78312
GRF	235-510	Ohio Supercomputer Center	$	4,271,195	$	4,271,195	78313
GRF	235-511	Cooperative Extension Service	$	26,273,260	$	26,273,260	78314
GRF	235-513	Ohio University Voinovich Center	$	669,082	$	669,082	78315
GRF	235-514	Central State Supplement	$	11,756,414	$	12,109,106	78316
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	78317
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	78318
GRF	235-519	Family Practice	$	4,548,470	$	4,548,470	78319
GRF	235-520	Shawnee State Supplement	$	2,502,323	$	2,577,393	78320
GRF	235-521	The Ohio State University John Glenn School of Public Affairs	$	619,082	$	619,082	78321
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	78322
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	78323
GRF	235-526	Primary Care Residencies	$	2,245,688	$	2,245,688	78324
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	78325
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	78326
GRF	235-531	Student Choice Grants	$	38,485,376	$	38,485,376	78327
GRF	235-535	Ohio Agricultural Research and Development Center	$	37,174,292	$	37,174,292	78328
GRF	235-536	The Ohio State University Clinical Teaching	$	13,565,885	$	13,565,885	78329
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,157,756	$	11,157,756	78330
GRF	235-538	University of Toledo Clinical Teaching	$	8,696,866	$	8,696,866	78331
GRF	235-539	Wright State University Clinical Teaching	$	4,225,107	$	4,225,107	78332
GRF	235-540	Ohio University Clinical Teaching	$	4,084,540	$	4,084,540	78333
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,200,945	$	4,200,945	78334
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	100,000	$	100,000	78335
GRF	235-547	School of International Business	$	450,000	$	650,000	78336
GRF	235-552	Capital Component	$	19,306,442	$	19,306,442	78337
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,931,599	$	2,931,599	78338
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	78339
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	78340
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	78341
GRF	235-558	Long-term Care Research	$	461,047	$	461,047	78342
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	78343
GRF	235-563	Ohio College Opportunity Grant	$	139,974,954	$	151,113,781	78344
GRF	235-567	Central State University Speed to Scale	$	4,400,000	$	3,800,000	78345
GRF	235-571	James A. Rhodes Scholarship	$	10,000,000	$	0	78346
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	78347
GRF	235-573	Ohio Humanities Council	$	25,000	$	25,000	78348
GRF	235-583	Urban University Program	$	5,825,937	$	5,825,937	78349
GRF	235-587	Rural University Projects	$	1,159,889	$	1,159,889	78350
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	78351
GRF	235-599	National Guard Scholarship Program	$	16,611,063	$	16,611,063	78352
GRF	235-909	Higher Education General Obligation Debt Service	$	172,722,400	$	208,747,200	78353
TOTAL GRF General Revenue Fund			$	2,773,258,537	$	2,861,908,923	78354

General Services Fund Group	78355

220	235-614	Program Approval and Reauthorization	$	800,000	$	800,000	78356
456	235-603	Sales and Services	$	700,000	$	700,000	78357
TOTAL GSF General Services							78358
Fund Group			$	1,500,000	$	1,500,000	78359

Federal Special Revenue Fund Group	78360

3BG	235-626	Star Schools	$	2,980,865	$	2,990,746	78361
3H2	235-608	Human Services Project	$	3,000,000	$	3,000,000	78362
3H2	235-622	Medical Collaboration Network	$	3,346,144	$	3,346,144	78363
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	78364
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	250,000	$	250,000	78365
312	235-609	Tech Prep	$	183,850	$	183,850	78366
312	235-611	Gear-up Grant	$	3,300,000	$	3,300,000	78367
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	78368
312	235-617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	78369
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	78370
TOTAL FED Federal Special Revenue							78371
Fund Group			$	20,257,469	$	20,267,350	78372

State Special Revenue Fund Group	78373

4E8	235-602	Higher Educational Facility Commission Administration	$	50,000	$	45,000	78374
4P4	235-604	Physician Loan Repayment	$	476,870	$	476,870	78375
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	78376
682	235-606	Nursing Loan Program	$	893,000	$	893,000	78377
5DT	235-627	American Diploma Project	$	250,000	$	0	78378
TOTAL SSR State Special Revenue							78379
Fund Group			$	2,429,870	$	2,174,870	78380
TOTAL ALL BUDGET FUND GROUPS			$	2,797,445,876	$	2,885,851,143	78381

Section 375.10.10. OPERATING EXPENSES

78383

Of the foregoing appropriation item 235-321, Operating	78384
Expenses, up to $150,000 in each fiscal year shall be used in	78385
conjunction with funding provided in the Department of Education	78386
budget under appropriation item 200-427, Academic Standards, to	78387
fund the operations of Ohio's Partnership for Continued Learning.	78388
The Partnership shall advise and make recommendations to promote	78389
collaboration among relevant state entities in an effort to help	78390
local communities develop coherent and successful "P-16" learning	78391
systems. Upon requesting and receiving approval from the	78392
Controlling Board, the Director of Budget and Management may	78393
transfer any unencumbered fiscal year 2008 balance to fiscal year	78394
2009 to support the activities of the Partnership.	78395

Section 375.10.20. LEASE RENTAL PAYMENTS

78396

The foregoing appropriation item 235-401, Lease Rental	78397
Payments, shall be used to meet all payments at the times they are	78398
required to be made during the period from July 1, 2007, to June	78399
30, 2009, by the Board of Regents under leases and agreements made	78400
under section 154.21 of the Revised Code. These appropriations are	78401
the source of funds pledged for bond service charges or	78402
obligations issued pursuant to Chapter 154. of the Revised Code.	78403

Section 375.10.30. SEA GRANTS

78404

The foregoing appropriation item 235-402, Sea Grants, shall	78405
be disbursed to the Ohio State University and shall be used to	78406
conduct research on fish in Lake Erie.	78407

Section 375.10.40. ARTICULATION AND TRANSFER

78408

The foregoing appropriation item 235-406, Articulation and	78409
Transfer, shall be used by the Board of Regents to maintain and	78410
expand the work of the Articulation and Transfer Council to	78411
develop a system of transfer policies to ensure that students at	78412
state institutions of higher education can transfer and have	78413
coursework apply to their majors and degrees at any other state	78414
institution of higher education without unnecessary duplication or	78415
institutional barriers under sections 3333.16, 3333.161, and	78416
3333.162 of the Revised Code. The Board of Regents shall, in	78417
consultation with the Governor and the Department of Education,	78418
convene a work group to establish coursework for content knowledge	78419
and teacher competencies for early care and education degrees to	78420
support articulation and transfer of coursework, certifications,	78421
and credit earned across state-supported institutions of higher	78422
education.	78423

Of the foregoing appropriation item 235-406, Articulation and	78424
Transfer, $200,000 in each fiscal year shall be used to support	78425
the work of the Articulation and Transfer Council under division	78426
(B) of section 3333.162 of the Revised Code.	78427

Section 375.10.50. MIDWEST HIGHER EDUCATION COMPACT

78428

The foregoing appropriation item 235-408, Midwest Higher	78429
Education Compact, shall be distributed by the Board of Regents	78430
under section 3333.40 of the Revised Code.	78431

Section 375.10.60. INFORMATION SYSTEM

78432

The foregoing appropriation item 235-409, Information System,	78433
shall be used by the Board of Regents to operate the higher	78434
education information data system known as the Higher Education	78435
Information System.	78436

Section 375.10.70. STATE GRANTS AND SCHOLARSHIP	78437
ADMINISTRATION	78438

The foregoing appropriation item 235-414, State Grants and	78439
Scholarship Administration, shall be used by the Board of Regents	78440
to administer the following student financial aid programs: Ohio	78441
Instructional Grants, Ohio College Opportunity Grant, Ohio Student	78442
Choice Grant, Ohio Academic Scholarship, Ohio War Orphans'	78443
Scholarship, Nurse Education Assistance Loan Program, Regents	78444
Graduate/Professional Fellowship, Ohio Safety Officers College	78445
Memorial Fund, Capitol Scholarship Program, and any other student	78446
financial aid programs created by the General Assembly. The	78447
appropriation item also shall be used to administer the federal	78448
Leveraging Educational Assistance Partnership (LEAP) and Special	78449
Leveraging Educational Assistance Partnership (SLEAP) programs and	78450
other student financial aid programs created by Congress and to	78451
provide fiscal services for the Ohio National Guard Scholarship	78452
Program, the Physician Loan Repayment Program, and the Dentist	78453
Loan Repayment Program.	78454

Section 375.10.80. JOBS CHALLENGE

78455

Funds appropriated to the foregoing appropriation item	78456
235-415, Jobs Challenge, shall be distributed to state-assisted	78457
community and technical colleges, regional campuses of	78458
state-assisted universities, and other organizationally distinct	78459
and identifiable member campuses of the EnterpriseOhio Network in	78460
support of noncredit job-related training. In each fiscal year,	78461
$2,770,773 shall be distributed as performance grants to	78462
EnterpriseOhio Network campuses based upon each campus's	78463
documented performance according to criteria established by the	78464
Board of Regents for assessment, training, and related services to	78465
businesses, industries, and public sector organizations.	78466

Of the foregoing appropriation item 235-415, Jobs Challenge,	78467
$2,819,345 in each fiscal year shall be allocated to the Targeted	78468
Industries Training Grant Program to attract, develop, and retain	78469
business and industry strategically important to the state's	78470
economy and regional priorities.	78471

Of the foregoing appropriation item 235-415, Jobs Challenge,	78472
$3,758,182 in each fiscal year shall be allocated to the Higher	78473
Skills Incentives Program to promote and deliver coordinated	78474
assessment and comprehensive training to local employers and to	78475
reward EnterpriseOhio Network campuses for the amount of	78476
non-credit skill upgrading services provided to Ohio employers and	78477
employees. The funds shall be distributed to campuses in	78478
proportion to each campus's share of noncredit job-related	78479
training revenues received by all campuses for the previous fiscal	78480
year.	78481

Section 375.10.90. OHIO LEARNING NETWORK

78482

The foregoing appropriation item 235-417, Ohio Learning	78483
Network, shall be used by the Board of Regents to support the	78484
continued implementation of the Ohio Learning Network, a statewide	78485
collaborative that delivers adult education including degree	78486
completion, workforce training, and professional development using	78487
online and distance education initiatives. The funds shall be used	78488
by the Ohio Learning Network to develop and promote learning and	78489
assessment through the use of technology, to test and provide	78490
advice on emerging learning-directed technologies, and to	78491
facilitate cost-effectiveness through shared educational	78492
technology investments.	78493

Section 375.20.10. ACCESS CHALLENGE

78494

The foregoing appropriation item 235-418, Access Challenge,	78495
shall be distributed to Ohio's state-assisted access colleges and	78496
universities. For the purposes of this allocation, "access	78497
campuses" includes state-assisted community colleges, state	78498
community colleges, technical colleges, Shawnee State University,	78499
Central State University, Cleveland State University, the regional	78500
campuses of state-assisted universities, and, where they are	78501
organizationally distinct and identifiable, the	78502
community-technical colleges located at the University of	78503
Cincinnati, Youngstown State University, and the University of	78504
Akron.	78505

The purpose of Access Challenge is to reduce the student	78506
share of costs for resident undergraduates enrolled in lower	78507
division undergraduate courses at Ohio's access campuses. The	78508
long-term goal is to make the student share of costs for these	78509
students equivalent to the student share of costs for resident	78510
undergraduate students enrolled throughout Ohio's public colleges	78511
and universities. Access Challenge appropriations shall be used to	78512
sustain, as much as possible, the tuition restraint or tuition	78513
reduction that was achieved with Access Challenge allocations in	78514
prior years. Access campuses shall disclose, in their tuition	78515
billing statements to students, the amount of tuition subsidized	78516
by state Access Challenge subsidies.	78517

In fiscal year 2008, Access Challenge subsidies shall be	78518
distributed by the Board of Regents to eligible access campuses on	78519
the basis of the average of each campus's share of fiscal year	78520
2005 and 2006 all-terms subsidy-eligible General Studies FTEs. In	78521
fiscal year 2009, Access Challenge subsidies shall be distributed	78522
by the Board of Regents to eligible access campuses on the basis	78523
of the average of each campus's share of fiscal year 2006 and 2007	78524
all-terms subsidy-eligible General Studies FTEs.	78525

For purposes of this calculation, Cleveland State	78526
University's enrollments shall be adjusted by the ratio of the sum	78527
of subsidy-eligible lower-division FTE student enrollments	78528
eligible for access funding to the sum of subsidy-eligible General	78529
Studies FTE student enrollments at Central State University and	78530
Shawnee State University, and for the following universities and	78531
their regional campuses: the Ohio State University, Ohio	78532
University, Kent State University, Bowling Green State University,	78533
Miami University, the University of Cincinnati, the University of	78534
Akron, and Wright State University.	78535

Section 375.20.20. SUCCESS CHALLENGE

78536

The foregoing appropriation item 235-420, Success Challenge,	78537
shall be used by the Board of Regents to promote degree completion	78538
by students enrolled at a main campus of a state-assisted	78539
university.	78540

Of the foregoing appropriation item 235-420, Success	78541
Challenge, 66.67 per cent of the appropriation in each fiscal year	78542
shall be distributed to state-assisted university main campuses in	78543
proportion to each campus's share of the total statewide	78544
bachelor's degrees granted by university main campuses to	78545
"at-risk" students. In fiscal years 2008 and 2009, an "at-risk"	78546
student means any undergraduate student who was eligible to	78547
receive an Ohio need-based financial aid award during the past ten	78548
years. An eligible institution shall not receive its share of this	78549
distribution until it has submitted a plan that addresses how the	78550
subsidy will be used to better serve at-risk students and increase	78551
their likelihood of successful completion of a bachelor's degree	78552
program. The Board of Regents shall disseminate to all	78553
state-supported institutions of higher education all such plans	78554
submitted by institutions that received Success Challenge funds.	78555

Of the foregoing appropriation item 235-420, Success	78556
Challenge, 33.33 per cent of the appropriation in each fiscal year	78557
shall be distributed to university main campuses in proportion to	78558
each campus's share of the total bachelor's degrees granted by	78559
university main campuses to undergraduate students who completed	78560
their bachelor's degrees in a "timely manner" in the previous	78561
fiscal year. For purposes of this section, "timely manner" means	78562
the normal time it would take for a full-time degree-seeking	78563
undergraduate student to complete the student's degree. Generally,	78564
for such students pursuing a bachelor's degree, "timely manner"	78565
means four years. Exceptions to this general rule shall be	78566
permitted for students enrolled in programs specifically designed	78567
to be completed in a longer time period. The Board of Regents	78568
shall collect data to assess the timely completion statistics by	78569
university main campuses.	78570

Section 375.20.30. APPALACHIAN NEW ECONOMY PARTNERSHIP

78571

The foregoing appropriation item 235-428, Appalachian New	78572
Economy Partnership, shall be distributed to Ohio University to	78573
continue a multi-campus and multi-agency coordinated effort to	78574
link Appalachia to the new economy. Ohio University shall use	78575
these funds to provide leadership in the development and	78576
implementation of initiatives in the areas of entrepreneurship,	78577
management, education, and technology.	78578

Section 375.20.40. ECONOMIC GROWTH CHALLENGE

78579

The foregoing appropriation item 235-433, Economic Growth	78580
Challenge, shall be used to enhance the basic research	78581
capabilities of Ohio's public and private institutions of higher	78582
education, support improved doctor of philosophy degree programs	78583
throughout the state, and promote the transfer of technology	78584
developed by Ohio colleges and universities to private industry	78585
to further the economic goals of the state in collaboration with	78586
the Third Frontier Project.	78587

Of the foregoing appropriation item 235-433, Economic Growth	78588
Challenge, $12,000,000 in each fiscal year shall be used for the	78589
Research Incentive Program to enhance the basic research	78590
capabilities of public colleges and universities and accredited	78591
Ohio institutions of higher education holding certificates of	78592
authorization issued under section 1713.02 of the Revised Code, in	78593
order to strengthen academic research for pursuing Ohio's economic	78594
development goals. The Board of Regents, in consultation with the	78595
colleges and universities, shall administer the Research Incentive	78596
Program and utilize a means of matching, on a fractional basis,	78597
external funds attracted in the previous year by institutions for	78598
basic research. The program may include incentives for increasing	78599
the amount of external research funds coming to eligible	78600
institutions and for focusing research efforts upon critical state	78601
needs. Colleges and universities shall submit for review and	78602
approval to the Board of Regents plans for the institutional	78603
allocation of state dollars received through the program. The	78604
institutional plans shall provide the rationale for the allocation	78605
in terms of the strategic targeting of funds for academic and	78606
state purposes, for strengthening research programs, for	78607
increasing the amount of external research funds, and shall	78608
include an evaluation process to provide results of the increased	78609
support. Institutional plans for the use of Research Incentive	78610
funding must demonstrate a significant investment in Third	78611
Frontier activities funded at the institution. For a college or	78612
university with multiple Third Frontier grants, as much as ten per	78613
cent of that institution's Research Incentive funding may be	78614
invested in Third Frontier Project-related activities. Each	78615
institutional plan for the investment of Research Incentive moneys	78616
shall report on existing, planned, or possible relationships with	78617
other state science and technology programs and funding recipients	78618
in order to further ongoing statewide science and technology	78619
collaboration objectives. The Board of Regents shall submit a	78620
biennial report of progress to the General Assembly.	78621

In each fiscal year, both those state-assisted doctor of	78622
philosophy degree-granting universities and those accredited	78623
doctor of philosophy degree-granting Ohio institutions of higher	78624
education holding certificates of authorization under section	78625
1713.02 of the Revised Code may elect to participate in the	78626
Innovation Incentive Program and may continue to implement their	78627
comprehensive plans that are designed to enhance doctor of	78628
philosophy degree programs and areas of research that have the	78629
greatest potential to attract preeminent researchers and build	78630
research capacity; enhance regional or state economic growth by	78631
creating new products and services to be commercialized; and	78632
complement Ohio's Third Frontier Project.	78633

In each fiscal year, funding for the Innovation Incentive	78634
Program shall be generated from the funds reallocated by those	78635
participating state-assisted doctor of philosophy degree-granting	78636
universities and state matching funds provided in appropriation	78637
item 235-433, Economic Growth Challenge. In each fiscal year, the	78638
amount of funds each participating state-assisted university is	78639
required to internally reallocate shall equal the sum of the funds	78640
it was required to reallocate in the prior fiscal year plus one	78641
and one-half per cent of current fiscal year's doctoral reserve	78642
allocation as attributed by the Board of Regents. Additionally,	78643
those participating accredited Ohio institutions of higher	78644
education holding certificates of authorization under section	78645
1713.02 of the Revised Code shall be required to set aside an	78646
amount comparable to the participating state-assisted universities	78647
as determined by the Board of Regents.	78648

Of the foregoing appropriation item 235-433, Economic Growth	78649
Challenge, $4,686,194 in each fiscal year shall match a portion of	78650
the funds set aside by all participating universities for the	78651
Innovation Incentive Program. The Controlling Board may increase	78652
the set-aside amount in each fiscal year if the Chancellor of the	78653
Board of Regents, after meeting all other obligations, identifies	78654
unspent and unencumbered General Revenue Fund money within the	78655
Board of Regents budget and requests the Controlling Board to	78656
increase the set-aside for the Innovation Incentive Program. The	78657
amount of the set-aside increased by the Controlling Board shall	78658
not exceed the amount of available funds identified by the	78659
Chancellor of the Board of Regents.	78660

In each fiscal year, if the total amount of the state	78661
matching funds for the Innovation Incentive Program equals or	78662
exceeds the total amount of the funds internally reallocated by	78663
all participating universities, the state matching funds shall be	78664
disbursed through a competitive process. If the total amount of	78665
the state matching funds for the Innovation Incentive Program is	78666
less than the total amount of the funds internally reallocated by	78667
all participating universities, the Board of Regents shall	78668
distribute the state matching funds as follows:	78669

(A) Distribute to each participating university the same	78670
amount of the state matching funds it received in fiscal year 2007	78671
under the Innovation Incentive Program;	78672

(B) Any excess funds after meeting division (A) of this	78673
section shall be distributed based on each participating	78674
university's proportional share of the total funding provided in	78675
division (A) of this section.	78676

The participating universities shall use state matching funds	78677
and the funds they internally reallocated to restructure their	78678
array of doctor of philosophy degree programs.	78679

The Board of Regents, in consultation with participating	78680
universities and the Office of Budget and Management, shall	78681
develop guidelines for the length of a transition period and	78682
criteria for determining the acceptable level of participation in	78683
the Innovation Incentive Program. After completion of the	78684
transition period during implementation of the Innovation	78685
Incentive Program, in each fiscal year the Board of Regents may	78686
withhold up to fifty per cent of the funds each participating	78687
state-assisted doctor of philosophy degree-granting university is	78688
required to reallocate for that year if the university is not	78689
internally reallocating the required amount or does not meet the	78690
criteria established by the Board of Regents.	78691

Of the foregoing appropriation item 235-433, Economic Growth	78692
Challenge, $500,000 in each fiscal year shall be distributed for	78693
the Technology Commercialization Incentive. The purpose of the	78694
Technology Commercialization Incentive is to reward public and	78695
private colleges and universities for successful technology	78696
transfer to Ohio-based business and industry resulting in the	78697
commercialization of new products, processes, and services and the	78698
establishment of new business start-ups within the state. The	78699
Third Frontier Commission, with counsel from the Third Frontier	78700
Advisory Board, shall establish the eligibility criteria for	78701
public and private colleges and universities interested in	78702
applying for Technology Commercialization Incentive funding. To	78703
qualify for the funds, public and private colleges and	78704
universities must maintain a significant investment in their own	78705
technology-transfer and commercialization operation and	78706
capabilities, and possess a significant history of successful	78707
research partnerships with Ohio-based business and industry.	78708

Section 375.20.45. CHALLENGES STUDY

78709

The Chancellor of the Board of Regents shall study the	78710
effectiveness and appropriateness of the programs funded in GRF	78711
appropriation items 235-415, Jobs Challenge, 235-418, Access	78712
Challenge, 235-420, Success Challenge, and 235-433, Economic	78713
Growth Challenge, in the context of today's knowledge-based	78714
economy with a focus on student-based funding, the workforce	78715
development needs of the state in the Twenty-first Century, and	78716
incentives for student success. Not later than May 31, 2008, the	78717
Chancellor of the Board of Regents shall report the findings of	78718
the study to the Governor, the Speaker and the Minority Leader of	78719
the House of Representatives, and the President and the Minority	78720
Leader of the Senate.	78721

Section 375.20.50. COLLEGE READINESS AND ACCESS

78722

Appropriation item 235-434, College Readiness and Access,	78723
shall be used by the Board of Regents to support programs designed	78724
to improve the academic preparation and increase the number of	78725
students that enroll and succeed in higher education such as the	78726
Ohio College Access Network, the state match for the federal	78727
Gaining Early Awareness and Readiness for Undergraduate Program,	78728
and early awareness initiatives. The appropriation item shall also	78729
be used to support innovative statewide strategies to increase	78730
student access and retention for specialized populations, and to	78731
provide for pilot projects that will contribute to improving	78732
access to higher education by specialized populations. The funds	78733
also may be used for projects that improve access for nonpublic	78734
secondary students.	78735

Of the foregoing appropriation item 235-434, College	78736
Readiness and Access, $798,684 in fiscal year 2008 and $822,645 in	78737
fiscal year 2009 shall be distributed to the Ohio Appalachian	78738
Center for Higher Education at Shawnee State University. The board	78739
of directors of the Center shall consist of the presidents of	78740
Shawnee State University, Belmont Technical College, Hocking	78741
College, Jefferson Community College, Zane State College, Rio	78742
Grande Community College, Southern State Community College, and	78743
Washington State Community College; the president of Ohio	78744
University or a designee of the president; the dean of one of the	78745
Salem, Tuscarawas, and East Liverpool regional campuses of Kent	78746
State University, as designated by the president of Kent State	78747
University; and a representative of the Board of Regents	78748
designated by the Chancellor.	78749

Of the foregoing appropriation item 235-434, College	78750
Readiness and Access, $169,553 in fiscal year 2008 and $174,640 in	78751
fiscal year 2009 shall be distributed to Miami University for the	78752
Student Achievement in Research and Scholarship (STARS) Program.	78753

Of the foregoing appropriation item 235-434, College	78754
Readiness and Access, $3,503,985 in each fiscal year shall be used	78755
in conjunction with funding provided in the Ohio Department of	78756
Education budget under appropriation item 200-431, School	78757
Improvement Initiatives, to support the Early College High School	78758
Program. The funds shall be distributed according to guidelines	78759
established by the Department of Education and the Board of	78760
Regents.	78761

Section 375.20.60. TEACHER IMPROVEMENT INITIATIVES

78762

Appropriation item 235-435, Teacher Improvement Initiatives,	78763
shall be used by the Board of Regents to support programs such as	78764
OSI - Discovery and the Centers of Excellence in Mathematics and	78765
Science designed to raise the quality of mathematics and science	78766
teaching in primary, secondary, and post-secondary education.	78767

Of the foregoing appropriation item 235-435, Teacher	78768
Improvement Initiatives, $204,049 in each fiscal year shall be	78769
distributed to the Mathematics and Science Center in Lake County.	78770

Of the foregoing appropriation item 235-435, Teacher	78771
Improvement Initiatives, $106,619 in each fiscal year shall be	78772
distributed to the Ohio Mathematics and Science Coalition.	78773

Of the foregoing appropriation item 235-435, Teacher	78774
Improvement Initiatives, $100,000 in each fiscal year shall be	78775
distributed to the Teacher Quality Partnerships study.	78776

Of the foregoing appropriation item 235-435, Teacher	78777
Improvement Initiatives, $100,000 in each fiscal year shall be	78778
distributed to the Sinclair Community College Distance Learning	78779
STEM Partnership.	78780

Of the foregoing appropriation item 235-435, Teacher	78781
Improvement Initiatives, $874,871 in each fiscal year shall be	78782
distributed to the Ohio Resource Center for Mathematics, Science,	78783
and Reading. The funds shall be used to support a resource center	78784
for mathematics, science, and reading to be located at a	78785
state-assisted university for the purpose of identifying best	78786
educational practices in primary and secondary schools and	78787
establishing methods for communicating them to colleges of	78788
education and school districts. The Ohio Resource Center for	78789
Mathematics, Science, and Reading shall not make available	78790
resources that are inconsistent with the K-12 science standards	78791
and policies as adopted by the State Board of Education.	78792

Of the foregoing appropriation item 235-435, Teacher	78793
Improvement Initiatives, up to $2,000,000 in each fiscal year	78794
shall be used to support up to ten regional summer academies that	78795
focus on foreign language, science, mathematics, engineering, and	78796
technology and prepare eleventh and twelfth grade students	78797
enrolled in public or chartered nonpublic schools to pursue	78798
college-level foreign language, mathematics, science, technology,	78799
and engineering, with a focus on secondary teaching in these	78800
disciplines. Successful completion of these academics shall result	78801
in dual high school and college credits. Costs shall be based upon	78802
reasonable expenses, as determined by the Board of Regents, that	78803
institutions of higher education may incur for faculty, supplies,	78804
and other associated costs.	78805

Of the foregoing appropriation item 235-435, Teacher	78806
Improvement Initiatives, up to $4,000,000 in fiscal year 2009	78807
shall be used to fund teacher-signing bonuses for individuals that	78808
enter the teaching profession in a public school district or	78809
school district building that has been designated a hard-to-staff	78810
school by the Department of Education. To qualify for the signing	78811
bonus, an individual must: (a) be licensed to teach; (b) be	78812
assigned to teach in foreign language, science, or mathematics;	78813
and (c) agree to teach in a hard-to-staff school for a minimum of	78814
five years. An individual may qualify for up to $20,000 in	78815
state-funded bonuses if all obligations are met. The Board of	78816
Regents shall develop this program jointly with the Department of	78817
Education and the Partnership for Continued Learning. An	78818
individual may participate in either the teacher-signing bonus	78819
program or the teacher loan-forgiveness program, but may not	78820
receive benefits from both programs. The Board of Regents shall	78821
recoup funds received by any program participant who has not	78822
fulfilled the five-year teaching obligation as described in this	78823
section.	78824

Of the foregoing appropriation item 235-435, Teacher	78825
Improvement Initiatives, up to $2,500,000 in fiscal year 2009	78826
shall be used to fund teacher loan-forgiveness for individuals	78827
that enter the teaching profession in a school district or school	78828
district building that has been designated as a hard-to-staff	78829
school by the Department of Education. To qualify for the loan	78830
forgiveness, an individual must: (a) be licensed to teach; (b) be	78831
assigned to teach in foreign language, science, or mathematics;	78832
and (c) agree to teach in a hard-to-staff school for a minimum of	78833
five years. An individual may qualify for up to $20,000 in state	78834
funded loan forgiveness if all obligations are met. The Board of	78835
Regents shall develop this program jointly with the Department of	78836
Education and the Partnership for Continued Learning. An	78837
individual may participate in either the teacher-signing bonus	78838
program or the teacher loan-forgiveness program, but may not	78839
receive benefits from both programs. The Board of Regents shall	78840
recoup funds received by any program participant who has not	78841
fulfilled the five-year teaching obligation as described in this	78842
section.	78843

Section 375.20.70. ACCELERATEOHIO

78844

Of the foregoing appropriation item 235-436, AccelerateOhio,	78845
$500,000 in each fiscal year shall be used to support the Health	78846
Information and Imaging Technology Workforce Development Pilot	78847
Project pursuant to section 3333.55 of the Revised Code.	78848

The remainder of the foregoing appropriation item 235-436	78849
AccelerateOhio, shall be used by the Board of Regents, in	78850
collaboration with Ohio's public two-year campuses, to develop and	78851
implement a statewide program designed to improve the education	78852
and skills of Ohio's workforce by assisting low-income working	78853
adults in Ohio to improve their education and training.	78854
AccelerateOhio shall consist of competency-based, low-cost,	78855
noncredit, and credit-bearing modules and courses in	78856
communications, mathematics, and information technology, and other	78857
fields selected by the Board of Regents. The program shall be	78858
designed to culminate in a certificate and provide recipients with	78859
a foundation for additional post-secondary education.	78860

Section 375.20.76. CHOOSE OHIO FIRST SCHOLARSHIP

78861

The foregoing appropriation item 235-438, Choose Ohio First	78862
Scholarship, shall be disbursed pursuant to sections 3333.60 to	78863
3333.70 of the Revised Code.	78864

The unencumbered balance of appropriation item 235-438,	78865
Choose Ohio First Scholarship, at the end of fiscal year 2008	78866
shall be transferred to fiscal year 2009 for use under the same	78867
appropriation item. The amounts transferred are hereby	78868
appropriated.	78869

Section 375.20.77. OHIO RESEARCH SCHOLARS

78870

The foregoing appropriation item 235-439, Ohio Research	78871
Scholars, shall be disbursed pursuant to sections 3333.60 to	78872
3333.70 of the Revised Code.	78873

Section 375.20.80. EMINENT SCHOLARS

78874

The foregoing appropriation item 235-451, Eminent Scholars,	78875
shall be used by the Ohio Board of Regents to continue the Ohio	78876
Eminent Scholars Program, the purpose of which is to invest	78877
educational resources to address problems that are of vital	78878
statewide significance while fostering the growth in eminence of	78879
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	78880
shall allow Ohio universities to recruit senior faculty members	78881
from outside Ohio who are nationally and internationally	78882
recognized scholars in areas of science and technology that	78883
provide the basic research platforms on which the state's	78884
technology and commercialization efforts are built. Endowment	78885
grants to state colleges and universities and nonprofit Ohio	78886
institutions of higher education holding certificates of	78887
authorization issued under section 1713.02 of the Revised Code to	78888
match endowment gifts from nonstate sources may be made in	78889
accordance with a plan established by the Ohio Board of Regents.	78890
Matching nonstate endowment gifts shall be equal to the state's	78891
endowment grant. The grants shall have as their purpose attracting	78892
and sustaining in Ohio scholar-leaders of national or	78893
international prominence; each grant shall assist in accelerating	78894
state economic growth through research that provides an essential	78895
basic science platform for commercialization efforts. Such	78896
scholar-leaders shall, among their duties, share broadly the	78897
benefits and knowledge unique to their fields of scholarship to	78898
the betterment of Ohio and its people and collaborate with other	78899
state technology programs and program recipients.	78900

All new Eminent Scholar awards made by the Board of Regents	78901
shall be associated with a Wright Center of Innovation, a	78902
Partnership Award from the Biomedical Research and Technology	78903
Transfer Trust Fund, or a Wright Capital Project.	78904

Section 375.20.90. ENTERPRISEOHIO NETWORK

78905

The foregoing appropriation item 235-455, EnterpriseOhio	78906
Network, shall be allocated by the Board of Regents to continue	78907
increasing the capabilities of the EnterpriseOhio Network to meet	78908
the ongoing training needs of Ohio employers. Funds shall support	78909
multicampus collaboration, best practice dissemination, and	78910
capacity building projects. The Regents Advisory Committee for	78911
Workforce Development, in its advisory role, shall advise in the	78912
development of plans and activities.	78913

Section 375.30.10. AREA HEALTH EDUCATION CENTERS

78914

The foregoing appropriation item 235-474, Area Health	78915
Education Centers Program Support, shall be used by the Board of	78916
Regents to support the medical school regional area health	78917
education centers' educational programs for the continued support	78918
of medical and other health professions education and for support	78919
of the Area Health Education Center Program.	78920

Of the foregoing appropriation item 235-474, Area Health	78921
Education Centers Program Support, $159,158 in each fiscal year	78922
shall be disbursed to the Ohio University College of Osteopathic	78923
Medicine to operate a mobile health care unit to serve the	78924
southeastern area of the state.	78925

Of the foregoing appropriation item 235-474, Area Health	78926
Education Centers Program Support, $119,369 in each fiscal year	78927
shall be used to support the Ohio Valley Community Health	78928
Information Network (OVCHIN) project.	78929

Section 375.30.20. STATE SHARE OF INSTRUCTION

78930

The Board of Regents shall establish procedures to allocate	78931
the foregoing appropriation item 235-501, State Share of	78932
Instruction, based on the formulas and enrollment in the	78933
instructional models set out in this section.	78934

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS

78935

(1) As soon as practicable during each fiscal year of the	78936
biennium ending June 30, 2009, in accordance with instructions of	78937
the Board of Regents, each state-assisted institution of higher	78938
education shall report its actual enrollment to the Board of	78939
Regents.	78940

(2) In defining the number of full-time equivalent students	78941
for state subsidy purposes, the Board of Regents shall exclude all	78942
undergraduate students who are not residents of Ohio, except those	78943
charged in-state fees in accordance with reciprocity agreements	78944
made under section 3333.17 of the Revised Code or employer	78945
contracts entered into under section 3333.32 of the Revised Code.	78946

(3) In calculating the core subsidy entitlements for Medical	78947
II models only, the Board of Regents shall use the following count	78948
of FTE students:	78949

(a) For those medical schools whose current year enrollment,	78950
including students repeating terms, is below the base enrollment,	78951
the Medical II FTE enrollment shall equal: 65 per cent of the base	78952
enrollment plus 35 per cent of the current year enrollment	78953
including students repeating terms, where the base enrollment is:	78954

The Ohio State University	1010	78955
University of Cincinnati	833	78956
University of Toledo	650	78957
Wright State University	433	78958
Ohio University	433	78959
Northeastern Ohio Universities College of Medicine	433	78960

(b) For those medical schools whose current year enrollment,	78961
excluding students repeating terms, is equal to or greater than	78962
the base enrollment, the Medical II FTE enrollment shall equal the	78963
base enrollment plus the FTE for repeating students.	78964

(c) Students repeating terms may be no more than five per	78965
cent of current year enrollment.	78966

(4) The state share of instruction to state-supported	78967
universities for students enrolled in law schools in fiscal year	78968
2008 and fiscal year 2009 shall be calculated by using the number	78969
of subsidy-eligible FTE law school students funded by state	78970
subsidy in fiscal year 1995 or the actual number of	78971
subsidy-eligible FTE law school students at the institution in the	78972
fiscal year, whichever is less.	78973

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

78974

For purposes of calculating state share of instruction	78975
allocations, the total instructional costs per full-time	78976
equivalent student shall be:	78977

Model	Fiscal Year 2008	Fiscal Year 2009	78978
ARTS AND HUMANITIES 1	$7,220	$7,494	78979
ARTS AND HUMANITIES 2	9,431	9,790	78980
ARTS AND HUMANITIES 3	12,186	12,649	78981
ARTS AND HUMANITIES 4	17,836	18,514	78982
ARTS AND HUMANITIES 5	27,829	28,887	78983
ARTS AND HUMANITIES 6	34,540	35,852	78984
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	6,352	6,594	78985
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	7,389	7,670	78986
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	8,911	9,249	78987
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	10,744	11,152	78988
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	17,070	17,719	78989
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	21,908	22,740	78990
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	26,019	27,008	78991
MEDICAL 1	43,190	44,831	78992
MEDICAL 2	47,635	49,445	78993
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	6,552	6,801	78994
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	9,196	9,545	78995
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	11,610	12,051	78996
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	14,789	15,351	78997
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	18,420	19,119	78998
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	19,990	20,750	78999
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	27,676	28,728	79000
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	35,308	36,650	79001
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	48,150	49,979	79002

Doctoral I and Doctoral II models shall be allocated in	79003
accordance with division (D)(1) of this section.	79004

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	79005
AND GRADUATE WEIGHTS	79006

For the purpose of implementing the recommendations of the	79007
State Share of Instruction Consultation and the Higher Education	79008
Funding Study Council that priority be given to maintaining state	79009
support for science, technology, engineering, mathematics,	79010
medicine, and graduate programs, the costs in division (B) of this	79011
section shall be weighted by the amounts provided below:	79012

Model	Fiscal Year 2008	Fiscal Year 2009	79013
ARTS AND HUMANITIES 1	1.000	1.000	79014
ARTS AND HUMANITIES 2	1.000	1.000	79015
ARTS AND HUMANITIES 3	1.000	1.000	79016
ARTS AND HUMANITIES 4	1.000	1.000	79017
ARTS AND HUMANITIES 5	1.250	1.250	79018
ARTS AND HUMANITIES 6	1.250	1.250	79019
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.000	1.000	79020
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.000	1.000	79021
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.000	1.000	79022
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.000	1.000	79023
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.250	1.250	79024
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.250	1.250	79025
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.250	1.250	79026
MEDICAL 1	1.500	1.500	79027
MEDICAL 2	1.728	1.728	79028
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.000	1.000	79029
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.002	1.002	79030
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.613	1.613	79031
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.690	1.690	79032
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.420	1.420	79033
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	2.081	2.081	79034
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.702	1.702	79035
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.808	1.808	79036
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.341	1.341	79037

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	79038
ENTITLEMENTS AND ADJUSTMENTS	79039

(1) Of the foregoing appropriation item 235-501, State Share	79040
of Instruction, up to 10.44 per cent of the appropriation in each	79041
fiscal year shall be reserved for support of doctoral programs to	79042
implement the recommendations of the Graduate Funding Commission.	79043
The amount so reserved shall be referred to as the doctoral	79044
set-aside.	79045

The doctoral set-aside shall be allocated to universities in	79046
proportion to their share of the total number of Doctoral I	79047
equivalent FTEs as calculated on an institutional basis using the	79048
greater of the two-year or five-year FTEs for the period fiscal	79049
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	79050
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	79051
adjusted to reflect the effects of doctoral review and subsequent	79052
changes in Doctoral I equivalent enrollments. For the purposes of	79053
this calculation, Doctoral I equivalent FTEs shall equal the sum	79054
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	79055

If a university participates in the Innovation Incentive	79056
Program outlined in appropriation item 235-433, Economic Growth	79057
Challenge, in fiscal year 2008 the Board of Regents shall withhold	79058
the university's increasing matching share required by the	79059
Innovation Incentive Program from its allocation of the doctoral	79060
set-aside.	79061

The Board of Regents shall use the combined amount of each	79062
participating state-assisted university's set aside of the	79063
doctoral reserve that has been withheld, the state matching funds	79064
earmarked under appropriation item 235-433, Economic Growth	79065
Challenge, and the amount set aside by each accredited Ohio	79066
institution of higher education holding a certificate of	79067
authorization under section 1713.02 of the Revised Code electing	79068
to participate in the Innovation Incentive Program to make awards	79069
through a competitive process under the Innovation Incentive	79070
Program. Only universities electing to set aside the prescribed	79071
amount shall be eligible to compete for and receive Innovation	79072
Incentive awards. The participating universities shall use these	79073
awards to restructure their array of doctoral programs.	79074

(2) Each campus's state share of instruction base formula	79075
earnings shall be determined as follows:	79076

(a) For each campus in each fiscal year, the instructional	79077
costs shall be determined by multiplying the amounts listed above	79078
in divisions (B) and (C) of this section by (i) average	79079
subsidy-eligible FTEs for the two-year period ending in the prior	79080
year for all models except Doctoral I and Doctoral II; and (ii)	79081
average subsidy-eligible FTEs for the five-year period ending in	79082
the prior year for all models except Doctoral I and Doctoral II.	79083

(b) The Board of Regents shall compute the two calculations	79084
listed in division (D)(2)(a) of this section and use the greater	79085
amount as each campus's instructional costs.	79086

(c) The Board of Regents shall compute a uniform state share	79087
of instructional costs by dividing the appropriations for 235-501,	79088
State Share of Instruction, less the doctoral set-aside calculated	79089
in division (D)(1) of this section, by the sum of all campuses'	79090
instructional costs as calculated in division (D)(2)(b) of this	79091
section.	79092

(d) The formula entitlement for each campus shall be	79093
determined by multiplying the uniform state share of costs	79094
calculated in division (D)(2)(c) of this section by the campus's	79095
instructional cost determined in division (D)(2)(b) of this	79096
section.	79097

(3) In addition to the doctoral set-aside allocation	79098
determined in division (D)(1) of this section and the formula	79099
entitlement determined in division (D)(2) of this section, an	79100
allocation based on fiscal year 2007 facility-based plant	79101
operations and maintenance (POM) subsidy shall be made. No campus	79102
shall be eligible for a POM allocation if the campus did not	79103
receive a net-assignable-square-foot-based (NASF) POM allocation	79104
in fiscal year 2007 and the amount of state share of instruction	79105
subsidy the campus would have received in fiscal year 2007 had the	79106
campus's calculation been based on the state share of instruction	79107
method described in this section, but using relevant fiscal year	79108
2007 data, is less than 98.5% of the campus's actual final fiscal	79109
year 2007 state share of instruction earnings.	79110

For each eligible campus, the amount of the POM allocation in	79111
each fiscal year shall be the lesser of:	79112

(a) 98.5% of the campus's actual final fiscal year 2007 state	79113
share of instruction earnings, minus the amount the campus would	79114
have received in fiscal year 2007 had the campus's calculation	79115
been based on the state share of instruction method described in	79116
this section, but using relevant fiscal year 2007 data; or	79117

(b) The actual final fiscal year 2007	79118
net-assignable-square-foot-based (NASF) POM allocation that was	79119
provided to the campus.	79120

Any POM allocations required by this division shall be funded	79121
by proportionately reducing formula entitlement earnings,	79122
including the POM allocations, for all campuses.	79123

The Board of Regents, in consultation with representatives of	79124
state-assisted colleges and universities, shall study the need for	79125
the facility-based POM allocations and make recommendations for	79126
changes by June 30, 2008.	79127

(4) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

79128

In addition to and after the other adjustment noted above, in	79129
each fiscal year, no campus shall receive a state share of	79130
instruction allocation that is less than 100 per cent of the prior	79131
year's state share of instruction amount. Funds shall be made	79132
available to fund this guarantee provision by recalculating the	79133
uniform state share as described in division (D)(2)(c) of this	79134
section by subtracting guarantee funds and the doctoral set-aside	79135
from the total appropriations for appropriation item 235-501,	79136
State Share of Instruction.	79137

(5) CAPITAL COMPONENT DEDUCTION

79138

After all other adjustments have been made, state share of	79139
instruction earnings shall be reduced for each campus by the	79140
amount, if any, by which debt service charged in Am. H.B. 748 of	79141
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	79142
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	79143
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	79144
General Assembly, and Am. Sub. H.B. 699 of the 126th General	79145
Assembly for that campus exceeds that campus's capital component	79146
earnings. The sum of the amounts deducted shall be transferred to	79147
appropriation item 235-552, Capital Component, in each fiscal	79148
year.	79149

(E) EXCEPTIONAL CIRCUMSTANCES

79150

Adjustments may be made to the state share of instruction	79151
payments and other subsidies distributed by the Board of Regents	79152
to state-assisted colleges and universities for exceptional	79153
circumstances. No adjustments for exceptional circumstances may be	79154
made without the recommendation of the Chancellor and the approval	79155
of the Controlling Board.	79156

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	79157
INSTRUCTION	79158

The standard provisions of the state share of instruction	79159
calculation as described in the preceding sections of temporary	79160
law shall apply to any reductions made to appropriation item	79161
235-501, State Share of Instruction, before the Board of Regents	79162
has formally approved the final allocation of the state share of	79163
instruction funds for any fiscal year.	79164

Any reductions made to appropriation item 235-501, State	79165
Share of Instruction, after the Board of Regents has formally	79166
approved the final allocation of the state share of instruction	79167
funds for any fiscal year, shall be uniformly applied to each	79168
campus in proportion to its share of the final allocation.	79169

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

79170

The state share of instruction payments to the institutions	79171
shall be in substantially equal monthly amounts during the fiscal	79172
year, unless otherwise determined by the Director of Budget and	79173
Management pursuant to section 126.09 of the Revised Code.	79174
Payments during the first six months of the fiscal year shall be	79175
based upon the state share of instruction appropriation estimates	79176
made for the various institutions of higher education according to	79177
Board of Regents enrollment estimates. Payments during the last	79178
six months of the fiscal year shall be distributed after approval	79179
of the Controlling Board upon the request of the Board of Regents.	79180

Section 375.30.25. STATE SHARE OF INSTRUCTION FOR FISCAL	79181
YEARS 2008 AND 2009	79182

(A) The boards of trustees of institutions of state-supported	79183
higher education shall restrain increases in in-state	79184
undergraduate instructional and general fees. For the 2007-2008	79185
academic year, each state-supported institution shall not increase	79186
its in-state undergraduate instructional and general fees over	79187
what the institution charged for the 2006-2007 academic year. For	79188
the 2008-2009 academic year, each state-supported institution	79189
shall not increase its in-state undergraduate instructional and	79190
general fees over what the institution charged for the 2007-2008	79191
academic year.	79192

These limitations shall not apply to increases required to	79193
comply with institutional covenants related to their obligations	79194
or to meet unfunded legal mandates or legally binding obligations	79195
incurred or commitments made prior to the effective date of this	79196
section with respect to which the institution had identified such	79197
fee increases as the source of funds. Any increase required by	79198
such covenants and any such mandates, obligations, or commitments	79199
shall be reported by the Board of Regents to the Controlling	79200
Board. These limitations may also be modified by the Board of	79201
Regents, with the approval of the Controlling Board, to respond to	79202
exceptional circumstances as identified by the Board of Regents.	79203

Of the foregoing appropriation item 235-501, State Share of	79204
Instruction, $58,000,000 in fiscal year 2008 and $60,000,000 in	79205
fiscal year 2009 shall be distributed based on each campus's	79206
proportional share of the total in-state undergraduate	79207
instructional and general fees for fiscal year 2007. For purposes	79208
of this subsidy, the in-state undergraduate instructional and	79209
general fee amounts for all campuses except for Miami University	79210
shall be determined by multiplying the number of a campus's	79211
in-state full-time equivalent undergraduate students by the	79212
campus's full-time in-state undergraduate instructional and	79213
general fees, prior to deducting any scholarships and student	79214
financial aid grants. In the case of Miami University, the	79215
instructional and general fee amount used in the calculation shall	79216
be the average full-time in-state undergraduate instructional and	79217
general fee amount after taking into account Ohio Resident and	79218
Ohio Leader scholarships.	79219

The remainder of appropriation item 235-501, State Share of	79220
Instruction, shall be distributed according to division (B) of	79221
this section.	79222

(B)(1) Notwithstanding the distribution formulas outlined in	79223
Section 375.30.20 of this act, in fiscal year 2008 each	79224
state-supported institution shall receive what was received in	79225
fiscal year 2007. In addition, each state university or university	79226
branch campus shall receive a proportional share of the total	79227
appropriation increase from fiscal year 2007 to fiscal year 2008	79228
in appropriation item 235-501, State Share of Instruction, if the	79229
state university or university branch campus demonstrates one per	79230
cent savings through identified internal efficiencies in fiscal	79231
year 2008, as certified by the Chancellor of the Board of	79232
Regents. Community colleges, state community colleges, and	79233
technical colleges shall receive additional funds based on a	79234
formula developed by the Chancellor of the Board of Regents that	79235
incorporates the enrollment growth, a funding guarantee, and the	79236
requirement of one per cent savings through identified internal	79237
efficiencies as certified by the Chancellor. Not later than August	79238
31, 2007, the Chancellor shall seek Controlling Board's approval	79239
of the formula.	79240

Notwithstanding the distribution formulas outlined in Section	79241
375.30.20 of this act, in fiscal year 2009 each state-supported	79242
institution shall receive what was received in fiscal year 2008.	79243
In addition, each state university or university branch campus	79244
shall receive a proportional share of the total appropriation	79245
increase from fiscal year 2008 to fiscal year 2009 in	79246
appropriation item 235-501, State Share of Instruction, if the	79247
state university or university branch campus demonstrates three	79248
per cent savings through identified internal efficiencies in	79249
fiscal year 2009, as certified by the Chancellor of the Board of	79250
Regents. Community colleges, state community colleges, and	79251
technical colleges shall receive additional funds based on a	79252
formula developed by the Chancellor that incorporates the	79253
enrollment growth, a funding guarantee, and the requirement of	79254
three per cent savings through identified internal efficiencies as	79255
certified by the Chancellor. Not later than August 31, 2008, the	79256
Chancellor shall seek Controlling Board's approval of the formula.	79257

(2) In each fiscal year, state share of instruction earnings	79258
shall be reduced for each campus by the amount, if any, by which	79259
debt service charged in Am. H.B. 748 of the 121st General	79260
Assembly, Am. Sub. H.B. 850 of the 122nd General Assembly, Am.	79261
Sub. H.B. 640 of the 123rd General Assembly, H.B. 675 of the 124th	79262
General Assembly, Am. Sub. H.B. 16 of the 126th General Assembly,	79263
and Am. Sub. H.B. 699 of the 126th General Assembly for that	79264
campus exceeds that campus's capital component earnings. The sum	79265
of the amounts deducted shall be transferred to appropriation item	79266
235-552, Capital Component, in each fiscal year.	79267

Adjustments may be made to the state share of instruction	79268
payments and other subsidies distributed by the Board of Regents	79269
to state-assisted colleges and universities for exceptional	79270
circumstances. No adjustments for exceptional circumstances may be	79271
made without the recommendation of the Board of Regents and the	79272
approval of the Controlling Board.	79273

Any reductions made to appropriation item 235-501, State	79274
Share of Instruction, shall be uniformly applied to each campus in	79275
proportion to its share of the allocation.	79276

The state share of instruction payments to the institutions	79277
shall be in substantially equal monthly amounts during the fiscal	79278
year, unless otherwise determined by the Director of Budget and	79279
Management pursuant to section 126.09 of the Revised Code.	79280
Payments during the last six months of the fiscal year shall be	79281
distributed after approval of the Controlling Board upon the	79282
request of the Board of Regents.	79283

(C) In consultation with the Department of Development, the	79284
Chancellor of the Board of Regents shall commission a study on the	79285
needs of the business community relative to higher education in	79286
the state. The study shall include all of the following:	79287

(1) Determine the needs of Ohio's business community;

79288

(2) Determine whether state-supported institutions of higher	79289
education are meeting those needs;	79290

(3) Identify how state-supported institutions of higher	79291
education can improve to meet those needs;	79292

(4) Identify the necessary skills and talents required by the	79293
business community that Ohio's college graduates must have in	79294
order to perform in the workplace; and	79295

(5) Make any necessary recommendations as to how	79296
state-supported institutions of higher education can better meet	79297
the needs of the business community.	79298

Not later than December 31, 2007, the Chancellor of the Board	79299
of Regents shall report the findings of the study to the Governor,	79300
the Speaker and the Minority Leader of the House of	79301
Representatives, and the President and the Minority Leader of the	79302
Senate.	79303

(D) In consultation with state-supported institutions of	79304
higher education, the Chancellor of the Board of Regents shall	79305
develop a plan that includes all of the following:	79306

(1) A plan to achieve the access goal of increasing the	79307
number of Ohioans enrolled in college by 230,000 by 2017;	79308

(2) A plan to achieve the success goal of increasing the	79309
graduation rate of those who first enroll in college on or after	79310
the effective date of this section by twenty per cent by 2017;	79311

(3) A plan to achieve affordability through tuition restraint	79312
and additional state support for higher education; such a plan	79313
shall include goals for establishing and implementing funding	79314
policies that provide for sufficient state funding support to	79315
reach tuition that matches or is lower than the national average	79316
and state support that matches or exceeds the national average;	79317

(4) A plan to enhance the state's competitiveness for	79318
attracting federal and other support for research and development	79319
at public research universities; such a plan shall include goals	79320
for reaching or exceeding the national average level of support,	79321
on a per capita basis, for research and development;	79322

(5) A plan to promote higher education throughout the state	79323
through the coordinated leadership efforts of the Governor, the	79324
Chancellor of the Board of Regents, and other stakeholders; such a	79325
plan shall include goals for using various media and other	79326
partnerships to raise awareness of college opportunities, to	79327
increase public awareness about the value of a college education,	79328
and to create a shared vision that a higher education is	79329
attainable by all Ohioans.	79330

Each of these plans shall include key outcome measures and	79331
other appropriate indicators to allow for monitoring of progress	79332
made in meeting the established goals. Each state-supported	79333
institution of higher education shall provide any student and	79334
institutional outcome data in any program areas requested by the	79335
Chancellor of the Board of Regents, including program efficiency	79336
and utilization of state resources. Each state-supported	79337
institution of higher education shall also commit to increasing	79338
inter-institution collaborations and partnerships and enhancing	79339
efficiencies with the goal of achieving measurable increases in	79340
savings.	79341

In consultation with state-supported institutions of higher	79342
education, the Chancellor of the Board of Regents shall study the	79343
feasibility of establishing and implementing a tuition flexibility	79344
plan that may allow state-supported institutions of higher	79345
education to charge per-credit-hour-based tuition or differential	79346
tuition.	79347

Not later than March 31, 2008, the Chancellor of the Board	79348
of Regents shall report the plan and the tuition flexibility	79349
feasibility study to the Governor, the Speaker and the Minority	79350
Leader of the House of Representatives, and the President and the	79351
Minority Leader of the Senate.	79352

Section 375.30.27. Based on reports from the Higher Education	79353
Statewide Purchasing Consortium under division (D) of section	79354
3345.35 of the Revised Code, the Chancellor of the Ohio Board of	79355
Regents shall certify any cost savings reported by members of the	79356
Consortium as savings achieved through internal efficiencies for	79357
purposes of division (B)(1) of Section 375.30.25 of this act.	79358

Section 375.30.30. HIGHER EDUCATION - BOARD OF TRUSTEES

79359

Funds appropriated for instructional subsidies at colleges	79360
and universities may be used to provide such branch or other	79361
off-campus undergraduate courses of study and such master's degree	79362
courses of study as may be approved by the Board of Regents.	79363

In providing instructional and other services to students,	79364
boards of trustees of state-assisted institutions of higher	79365
education shall supplement state subsidies by income from charges	79366
to students. Each board shall establish the fees to be charged to	79367
all students, including an instructional fee for educational and	79368
associated operational support of the institution and a general	79369
fee for noninstructional services, including locally financed	79370
student services facilities used for the benefit of enrolled	79371
students. The instructional fee and the general fee shall	79372
encompass all charges for services assessed uniformly to all	79373
enrolled students. Each board may also establish special purpose	79374
fees, service charges, and fines as required; such special purpose	79375
fees and service charges shall be for services or benefits	79376
furnished individual students or specific categories of students	79377
and shall not be applied uniformly to all enrolled students.	79378
Except for the board of trustees of Miami University, in	79379
implementing the pilot tuition restructuring plan recognized in	79380
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly	79381
and again recognized by this act, a tuition surcharge shall be	79382
paid by all students who are not residents of Ohio.	79383

The board of trustees of a state-assisted institution of	79384
higher education shall not authorize a waiver or nonpayment of	79385
instructional fees or general fees for any particular student or	79386
any class of students other than waivers specifically authorized	79387
by law or approved by the Chancellor. This prohibition is not	79388
intended to limit the authority of boards of trustees to provide	79389
for payments to students for services rendered the institution,	79390
nor to prohibit the budgeting of income for staff benefits or for	79391
student assistance in the form of payment of such instructional	79392
and general fees. This prohibition is not intended to limit the	79393
authority of the board of trustees of Miami University in	79394
providing financial assistance to students in implementing the	79395
pilot tuition restructuring plan recognized in Section 89.05 of	79396
Am. Sub. H.B. 95 of the 125th General Assembly and again	79397
recognized by this act.	79398

Except for Miami University, in implementing the pilot	79399
tuition restructuring plan recognized in Section 89.05 of Am. Sub.	79400
H.B. 95 of the 125th General Assembly and again recognized by this	79401
act, each state-assisted institution of higher education in its	79402
statement of charges to students shall separately identify the	79403
instructional fee, the general fee, the tuition charge, and the	79404
tuition surcharge. Fee charges to students for instruction shall	79405
not be considered to be a price of service but shall be considered	79406
to be an integral part of the state government financing program	79407
in support of higher educational opportunity for students.	79408

The board of trustees of state-assisted institutions of	79409
higher education shall ensure that faculty members devote a proper	79410
and judicious part of their work week to the actual instruction of	79411
students. Total class credit hours of production per quarter per	79412
full-time faculty member is expected to meet the standards set	79413
forth in the budget data submitted by the Board of Regents.	79414

The authority of government vested by law in the boards of	79415
trustees of state-assisted institutions of higher education shall	79416
in fact be exercised by those boards. Boards of trustees may	79417
consult extensively with appropriate student and faculty groups.	79418
Administrative decisions about the utilization of available	79419
resources, about organizational structure, about disciplinary	79420
procedure, about the operation and staffing of all auxiliary	79421
facilities, and about administrative personnel shall be the	79422
exclusive prerogative of boards of trustees. Any delegation of	79423
authority by a board of trustees in other areas of responsibility	79424
shall be accompanied by appropriate standards of guidance	79425
concerning expected objectives in the exercise of such delegated	79426
authority and shall be accompanied by periodic review of the	79427
exercise of this delegated authority to the end that the public	79428
interest, in contrast to any institutional or special interest,	79429
shall be served.	79430

Section 375.30.40. STUDENT SUPPORT SERVICES

79431

The foregoing appropriation item 235-502, Student Support	79432
Services, shall be distributed by the Board of Regents to Ohio's	79433
state-assisted colleges and universities that incur	79434
disproportionate costs in the provision of support services to	79435
disabled students.	79436

Section 375.30.50. OHIO INSTRUCTIONAL GRANTS

79437

In each fiscal year, instructional grants for all eligible	79438
full-time students who have attended a college, university, or	79439
proprietary school and have completed coursework for college	79440
credit, excluding early college high school and post-secondary	79441
enrollment option students, prior to academic year 2006-2007,	79442
shall be made using the tables under section 3333.12 of the	79443
Revised Code.	79444

Of the foregoing appropriation item 235-503, Ohio	79445
Instructional Grants, an amount in each fiscal year shall be used	79446
to make the payments authorized by division (C) of section 3333.26	79447
of the Revised Code to the institutions described in that	79448
division. In addition, an amount in each fiscal year shall be used	79449
to reimburse the institutions described in division (B) of section	79450
3333.26 of the Revised Code for the cost of the waivers required	79451
by that division.	79452

The unencumbered balance of appropriation item 235-503, Ohio	79453
Instructional Grants, at the end of fiscal year 2008 shall be	79454
transferred to fiscal year 2009 for use under the same	79455
appropriation item. The amounts transferred are hereby	79456
appropriated.	79457

Section 375.30.60. WAR ORPHANS SCHOLARSHIPS

79458

The foregoing appropriation item 235-504, War Orphans	79459
Scholarships, shall be used to reimburse state-assisted	79460
institutions of higher education for waivers of instructional fees	79461
and general fees provided by them, to provide grants to	79462
institutions that have received a certificate of authorization	79463
from the Ohio Board of Regents under Chapter 1713. of the Revised	79464
Code, in accordance with the provisions of section 5910.04 of the	79465
Revised Code, and to fund additional scholarship benefits provided	79466
by section 5910.032 of the Revised Code.	79467

Section 375.30.70. OHIOLINK

79468

The foregoing appropriation item 235-507, OhioLINK, shall be	79469
used by the Board of Regents to support OhioLINK, the state's	79470
electronic library information and retrieval system, which	79471
provides access statewide to an extensive set of electronic	79472
databases and resources and the library holdings of all of Ohio's	79473
public colleges and universities, 44 private colleges, and the	79474
State Library of Ohio.	79475

Section 375.30.80. AIR FORCE INSTITUTE OF TECHNOLOGY

79476

The foregoing appropriation item 235-508, Air Force Institute	79477
of Technology, shall be used to strengthen the research and	79478
educational linkages between the Wright Patterson Air Force Base	79479
and institutions of higher education in Ohio. Of the foregoing	79480
appropriation item 235-508, Air Force Institute of Technology,	79481
$1,358,588 in each fiscal year shall be used for research projects	79482
that connect the Air Force Research Laboratories with university	79483
partners. The institute shall provide annual reports to the Third	79484
Frontier Commission, that discuss existing, planned, or possible	79485
collaborations between programs and funding recipients related to	79486
technology, research development, commercialization, and support	79487
for Ohio's economic development.	79488

Of the foregoing appropriation item 235-508, Air Force	79489
Institute of Technology, $691,757 in each fiscal year shall be	79490
used to match federal dollars to support technology	79491
commercialization and job creation. The Development Research	79492
Corporation shall use the funds to create or expand Ohio-based	79493
technology and commercial development collaborations in areas that	79494
are a priority in Ohio's third frontier initiative between	79495
industry, academia, and government.	79496

Section 375.30.90. OHIO SUPERCOMPUTER CENTER

79497

The foregoing appropriation item 235-510, Ohio Supercomputer	79498
Center, shall be used by the Board of Regents to support the	79499
operation of the Ohio Supercomputer Center, located at The Ohio	79500
State University, as a statewide resource available to Ohio	79501
research universities both public and private. It is also intended	79502
that the center be made accessible to private industry as	79503
appropriate. Policies of the center shall be established by a	79504
governance committee, representative of Ohio's research	79505
universities and private industry, to be appointed by the	79506
Chancellor of the Board of Regents and established for this	79507
purpose.	79508

Funds shall be used, in part, to support the Ohio	79509
Supercomputer Center's Computational Science Initiative which	79510
includes its industrial outreach program, Blue Collar Computing,	79511
and its School of Computational Science. These collaborations	79512
between the Ohio Supercomputer Center and Ohio's colleges and	79513
universities shall be aimed at making Ohio a leader in using	79514
computer modeling to promote economic development.	79515

Of the foregoing appropriation item 235-510, Ohio	79516
Supercomputer Center, $250,000 in each fiscal year shall be used	79517
to support the Supercomputer Center's activities in Beavercreek.	79518

Section 375.40.10. COOPERATIVE EXTENSION SERVICE

79519

The foregoing appropriation item 235-511, Cooperative	79520
Extension Service, shall be disbursed through the Board of Regents	79521
to The Ohio State University in monthly payments, unless otherwise	79522
determined by the Director of Budget and Management under section	79523
126.09 of the Revised Code.	79524

Of the foregoing appropriation item 235-511, Cooperative	79525
Extension Service, $178,271 in each fiscal year shall be used for	79526
additional staffing for county agents for expanded 4-H activities.	79527
Of the foregoing appropriation item 235-511, Cooperative Extension	79528
Service, $178,271 in each fiscal year shall be used by the	79529
Cooperative Extension Service, through the Enterprise Center for	79530
Economic Development in cooperation with other agencies, for a	79531
public-private effort to create and operate a small business	79532
economic development program to enhance the development of	79533
alternatives to the growing of tobacco, and implement, through	79534
applied research and demonstration, the production and marketing	79535
of other high-value crops and value-added products. Of the	79536
foregoing appropriation item 235-511, Cooperative Extension	79537
Service, $55,179 in each fiscal year shall be used for farm labor	79538
mediation and education programs, $182,515 in each fiscal year	79539
shall be used to support the Ohio State University Marion	79540
Enterprise Center, and $772,931 in each fiscal year shall be used	79541
to support the Ohio Watersheds Initiative.	79542

Section 375.40.20. OHIO UNIVERSITY VOINOVICH CENTER

79543

The foregoing appropriation item 235-513, Ohio University	79544
Voinovich Center, shall be used by the Board of Regents to support	79545
the operations of Ohio University's Voinovich Center.	79546

Section 375.40.30. PERFORMANCE STANDARDS FOR MEDICAL	79547
EDUCATION	79548

The Board of Regents, in consultation with the state-assisted	79549
medical colleges, shall develop performance standards for medical	79550
education. Special emphasis in the standards shall be placed on	79551
attempting to ensure that at least 50 per cent of the aggregate	79552
number of students enrolled in state-assisted medical colleges	79553
continue to enter residency as primary care physicians. Primary	79554
care physicians are general family practice physicians, general	79555
internal medicine practitioners, and general pediatric care	79556
physicians. The Board of Regents shall monitor medical school	79557
performance in relation to their plans for reaching the 50 per	79558
cent systemwide standard for primary care physicians.	79559

Section 375.40.35. CENTRAL STATE SUPPLEMENT

79560

The foregoing appropriation item 235-514, Central State	79561
Supplement, shall be used by Central State University to keep	79562
undergraduate fees below the statewide average, consistent with	79563
its mission of service to many first-generation college students	79564
from groups historically underrepresented in higher education and	79565
from families with limited incomes.	79566

Section 375.40.40. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	79567
MEDICINE	79568

The foregoing appropriation item 235-515, Case Western	79569
Reserve University School of Medicine, shall be disbursed to Case	79570
Western Reserve University through the Board of Regents in	79571
accordance with agreements entered into under section 3333.10 of	79572
the Revised Code, provided that the state support per full-time	79573
medical student shall not exceed that provided to full-time	79574
medical students at state universities.	79575

Section 375.40.50. CAPITOL SCHOLARSHIP PROGRAM

79576

The foregoing appropriation item 235-518, Capitol Scholarship	79577
Program, shall be used by the Board of Regents to provide	79578
scholarships to undergraduates of Ohio's four-year public and	79579
private institutions of higher education participating in the	79580
Washington Center Internship Program. A scholarship of $1,800	79581
shall be awarded to students enrolled in an institution operating	79582
on a quarter system, and a scholarship of $2,300 shall be awarded	79583
to students enrolled in an institution operating on a semester	79584
system. The number of scholarships awarded shall be limited by the	79585
amounts appropriated in fiscal years 2008 and 2009. The Washington	79586
Center shall provide a minimum of $1,300 per student in matching	79587
scholarships.	79588

Section 375.40.60. FAMILY PRACTICE

79589

The Board of Regents shall develop plans consistent with	79590
existing criteria and guidelines as may be required for the	79591
distribution of appropriation item 235-519, Family Practice.	79592

Section 375.40.70. SHAWNEE STATE SUPPLEMENT

79593

The foregoing appropriation item 235-520, Shawnee State	79594
Supplement, shall be used by Shawnee State University as detailed	79595
by both of the following:	79596

(A) To allow Shawnee State University to keep its	79597
undergraduate fees below the statewide average, consistent with	79598
its mission of service to an economically depressed Appalachian	79599
region;	79600

(B) To allow Shawnee State University to employ new faculty	79601
to develop and teach in new degree programs that meet the needs of	79602
Appalachians.	79603

Section 375.40.80. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS

79604

The foregoing appropriation item 235-521, The Ohio State	79605
University John Glenn School of Public Affairs, shall be used by	79606
the Board of Regents to support the operations of the Ohio State	79607
University's John Glenn School of Public Affairs.	79608

Section 375.40.90. POLICE AND FIRE PROTECTION

79609

The foregoing appropriation item 235-524, Police and Fire	79610
Protection, shall be used for police and fire services in the	79611
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	79612
Portsmouth, Xenia Township (Greene County), Rootstown Township,	79613
and the City of Nelsonville that may be used to assist these local	79614
governments in providing police and fire protection for the	79615
central campus of the state-affiliated university located therein.	79616
Each participating municipality and township shall receive at	79617
least $5,000 in each fiscal year. Funds shall be distributed	79618
according to the method employed by the Board of Regents in the	79619
previous biennium.	79620

Section 375.50.10. GERIATRIC MEDICINE

79621

The Board of Regents shall develop plans consistent with	79622
existing criteria and guidelines as may be required for the	79623
distribution of appropriation item 235-525, Geriatric Medicine.	79624

Section 375.50.20. PRIMARY CARE RESIDENCIES

79625

The Board of Regents shall develop plans consistent with	79626
existing criteria and guidelines as may be required for the	79627
distribution of appropriation item 235-526, Primary Care	79628
Residencies.	79629

The foregoing appropriation item 235-526, Primary Care	79630
Residencies, shall be distributed in each fiscal year of the	79631
biennium, based on whether or not the institution has submitted	79632
and gained approval for a plan. If the institution does not have	79633
an approved plan, it shall receive five per cent less funding per	79634
student than it would have received from its annual allocation.	79635
The remaining funding shall be distributed among those	79636
institutions that meet or exceed their targets.	79637

Section 375.50.30. OHIO AEROSPACE INSTITUTE

79638

The foregoing appropriation item 235-527, Ohio Aerospace	79639
Institute, shall be distributed by the Board of Regents under	79640
section 3333.042 of the Revised Code.	79641

The Board of Regents, in consultation with the Third Frontier	79642
Commission, shall develop a plan for providing for appropriate,	79643
value-added participation of the Ohio Aerospace Institute in Third	79644
Frontier Project proposals and grants.	79645

Section 375.50.40. ACADEMIC SCHOLARSHIPS

79646

The foregoing appropriation item 235-530, Academic	79647
Scholarships, shall be used to provide academic scholarships to	79648
students under section 3333.22 of the Revised Code.	79649

Section 375.50.50. STUDENT CHOICE GRANTS

79650

The foregoing appropriation item 235-531, Student Choice	79651
Grants, shall be used to provide Student Choice Grants under	79652
section 3333.27 of the Revised Code. The unencumbered balance of	79653
appropriation item 235-531, Student Choice Grants, at the end of	79654
fiscal year 2008 shall be transferred to fiscal year 2009 for use	79655
under the same appropriation item. The amounts transferred are	79656
hereby appropriated.	79657

Section 375.50.60. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	79658
CENTER	79659

The foregoing appropriation item 235-535, Ohio Agricultural	79660
Research and Development Center, shall be disbursed through the	79661
Board of Regents to The Ohio State University in monthly payments,	79662
unless otherwise determined by the Director of Budget and	79663
Management under section 126.09 of the Revised Code. The Ohio	79664
Agricultural Research and Development Center shall not be required	79665
to remit payment to The Ohio State University during the biennium	79666
ending June 30, 2009, for cost reallocation assessments. The cost	79667
reallocation assessments include, but are not limited to, any	79668
assessment on state appropriations to the Center.	79669

The Ohio Agricultural Research and Development Center, an	79670
entity of the College of Food, Agricultural, and Environmental	79671
Sciences of The Ohio State University, shall further its mission	79672
of enhancing Ohio's economic development and job creation by	79673
continuing to internally allocate on a competitive basis	79674
appropriated funding of programs based on demonstrated	79675
performance. Academic units, faculty, and faculty-driven programs	79676
shall be evaluated and rewarded consistent with agreed-upon	79677
performance expectations as called for in the College's	79678
Expectations and Criteria for Performance Assessment.	79679

Of the foregoing appropriation item 235-535, Ohio	79680
Agricultural Research and Development Center, $467,578 in each	79681
fiscal year shall be used to purchase equipment.	79682

Of the foregoing appropriation item 235-535, Ohio	79683
Agricultural Research and Development Center, $822,592 in each	79684
fiscal year shall be distributed to the Piketon Agricultural	79685
Research and Extension Center.	79686

Of the foregoing appropriation item 235-535, Ohio	79687
Agricultural Research and Development Center, $216,471 in each	79688
fiscal year shall be distributed to the	79689
Raspberry/Strawberry-Ellagic Acid Research program at The Ohio	79690
State University Medical College in cooperation with The Ohio	79691
State University College of Agriculture.	79692

Of the foregoing appropriation item 235-535, Ohio	79693
Agricultural Research and Development Center, $43,294 in each	79694
fiscal year shall be used to support the Ohio Berry Administrator.	79695

Of the foregoing appropriation item 235-535, Ohio	79696
Agricultural Research and Development Center, $86,588 in each	79697
fiscal year shall be used for the development of agricultural	79698
crops and products not currently in widespread production in Ohio,	79699
in order to increase the income and viability of family farmers.	79700

Section 375.50.70. STATE UNIVERSITY CLINICAL TEACHING

79701

The foregoing appropriation items 235-536, The Ohio State	79702
University Clinical Teaching; 235-537, University of Cincinnati	79703
Clinical Teaching; 235-538, University of Toledo Clinical	79704
Teaching; 235-539, Wright State University Clinical Teaching;	79705
235-540, Ohio University Clinical Teaching; and 235-541,	79706
Northeastern Ohio Universities College of Medicine Clinical	79707
Teaching, shall be distributed through the Board of Regents.	79708

Of the foregoing appropriation item 235-539, Wright State	79709
University Clinical Teaching, $124,644 in each fiscal year of the	79710
biennium shall be for the use of Wright State University's Ellis	79711
Institute for Clinical Teaching Studies to operate the clinical	79712
facility to serve the Greater Dayton area.	79713

Section 375.50.80. SCHOOL OF INTERNATIONAL BUSINESS

79714

Of the foregoing appropriation item 235-547, School of	79715
International Business, $250,000 in each fiscal year shall be used	79716
for the continued development and support of the School of	79717
International Business of the state universities of northeast	79718
Ohio. The money shall go to The University of Akron. These funds	79719
shall be used by the university to establish a School of	79720
International Business located at The University of Akron. It may	79721
confer with Kent State University, Youngstown State University,	79722
and Cleveland State University as to the curriculum and other	79723
matters regarding the school.	79724

Of the foregoing appropriation item 235-547, School of	79725
International Business, $100,000 in each fiscal year shall be used	79726
by the University of Toledo College of Business for expansion of	79727
its international business programs.	79728

Of the foregoing appropriation item 235-547, School of	79729
International Business, $100,000 in each fiscal year shall be used	79730
to support the Ohio State University BioMEMS program.	79731

Of the foregoing appropriation item 235-547, School of	79732
International Business, $100,000 in fiscal year 2009 shall be used	79733
to support the Supporting Education for the Returning Veterans	79734
(SERV) program at Cleveland State University.	79735

Of the foregoing appropriation item 235-547, School of	79736
International Business, $100,000 in fiscal year 2009 shall be used	79737
to support the Veterans Upward Bound (VUB) program at Cuyahoga	79738
Community College.	79739

Section 375.50.90. CAPITAL COMPONENT

79740

The foregoing appropriation item 235-552, Capital Component,	79741
shall be used by the Board of Regents to implement the capital	79742
funding policy for state-assisted colleges and universities	79743
established in Am. H.B. 748 of the 121st General Assembly.	79744
Appropriations from this item shall be distributed to all campuses	79745
for which the estimated campus debt service attributable to new	79746
qualifying capital projects is less than the campus's	79747
formula-determined capital component allocation. Campus	79748
allocations shall be determined by subtracting the estimated	79749
campus debt service attributable to new qualifying capital	79750
projects from the campus's formula-determined capital component	79751
allocation. Moneys distributed from this appropriation item shall	79752
be restricted to capital-related purposes.	79753

Any campus for which the estimated campus debt service	79754
attributable to qualifying capital projects is greater than the	79755
campus's formula-determined capital component allocation shall	79756
have the difference subtracted from its State Share of Instruction	79757
allocation in each fiscal year. The sum of all such amounts shall	79758
be transferred from appropriation item 235-501, State Share of	79759
Instruction, to appropriation item 235-552, Capital Component.	79760

Section 375.60.10. DAYTON AREA GRADUATE STUDIES INSTITUTE

79761

The foregoing appropriation item 235-553, Dayton Area	79762
Graduate Studies Institute, shall be used by the Board of Regents	79763
to support the Dayton Area Graduate Studies Institute, an	79764
engineering graduate consortium of three universities in the	79765
Dayton area: Wright State University, the University of Dayton,	79766
and the Air Force Institute of Technology, with the participation	79767
of the University of Cincinnati and The Ohio State University.	79768

Of the foregoing appropriation item 235-553, Dayton Area	79769
Graduate Studies Institute, $350,000 in each fiscal year shall be	79770
used by the Development Research Corporation to support	79771
collaborative research and technology commercialization	79772
initiatives in Ohio.	79773

Section 375.60.20. PRIORITIES IN COLLABORATIVE GRADUATE	79774
EDUCATION	79775

The foregoing appropriation item 235-554, Priorities in	79776
Collaborative Graduate Education, shall be used to support	79777
improvements in graduate fields of study at state-assisted	79778
universities identified by the Board of Regents, in consultation	79779
with the Department of Development and the Department of Job and	79780
Family Services, as vital to the state's economic strategy or	79781
related to an area of workforce shortage. Each fiscal year,	79782
participating institutions shall collectively submit for Board of	79783
Regents approval a plan describing how they will work	79784
collaboratively to improve the quality of their graduate programs	79785
and how the funds are to be used for this purpose. The	79786
collaborative effort for Ph.D. computer science programs shall be	79787
coordinated by the Ohio Supercomputer Center as part of its School	79788
of Computational Science.	79789

Section 375.60.30. LIBRARY DEPOSITORIES

79790

The foregoing appropriation item, 235-555, Library	79791
Depositories, shall be distributed to the state's five regional	79792
depository libraries for the cost-effective storage of and access	79793
to lesser-used materials in university library collections. The	79794
distribution of funds shall be coordinated by the Board of	79795
Regents.	79796

Section 375.60.40. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

79797

The foregoing appropriation item 235-556, Ohio Academic	79798
Resources Network, shall be used to support the operations of the	79799
Ohio Academic Resources Network, which shall include support for	79800
Ohio's state-assisted colleges and universities in maintaining and	79801
enhancing network connections and in using new network	79802
technologies to improve research, education, and economic	79803
development programs. The network shall give priority to	79804
supporting the Third Frontier Network and allocating bandwidth to	79805
programs directly supporting Ohio's economic development.	79806

Section 375.60.50. LONG-TERM CARE RESEARCH

79807

Of the foregoing appropriation item 235-558, Long-term Care	79808
Research, $311,047 in each fiscal year shall be disbursed to Miami	79809
University for long-term care research.	79810

Of the foregoing appropriation item 235-558, Long-term Care	79811
Research, $100,000 in each fiscal year shall be disbursed to the	79812
University of Cincinnati to support Alzheimer's and dementia	79813
research pursuant to an affiliation agreement with the Alois	79814
Alzheimer Center.	79815

Of the foregoing appropriation item 235-558, Long-term Care	79816
Research, $50,000 in each fiscal year shall be used to support	79817
People Working Cooperatively, Inc.	79818

Section 375.60.60. BOWLING GREEN STATE UNIVERSITY CANADIAN	79819
STUDIES CENTER	79820

The foregoing appropriation item 235-561, Bowling Green State	79821
University Canadian Studies Center, shall be used by the Canadian	79822
Studies Center at Bowling Green State University to study	79823
opportunities for Ohio and Ohio businesses to benefit from the	79824
Free Trade Agreement between the United States and Canada.	79825

Section 375.60.70. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN

79826

The foregoing appropriation item 235-563, Ohio College	79827
Opportunity Grant, shall be used by the Board of Regents to begin	79828
to award needs-based financial aid to students based on the United	79829
States Department of Education's method of determining financial	79830
need. Students who enrolled in a public, private, or proprietary	79831
post-secondary institution of higher education for the first time	79832
in academic year 2006-2007, excluding early college high school	79833
and post-secondary enrollment option participants, shall be	79834
eligible to receive aid based on their expected family	79835
contributions as calculated by the United States Department of	79836
Education, according to section 3333.122 of the Revised Code.	79837

Eligible expenditures from the foregoing appropriation item	79838
235-563, Ohio College Opportunity Grant, shall be claimed each	79839
fiscal year to help meet the state's TANF maintenance of effort	79840
requirement. The Chancellor of the Board of Regents and the	79841
Director of Job and Family Services shall enter into an	79842
interagency agreement to carry out this paragraph, which shall	79843
include, but not be limited to, developing reporting guidelines	79844
for these expenditures.	79845

Section 375.60.80. CENTRAL STATE UNIVERSITY SPEED TO SCALE

79846

The foregoing appropriation 235-567, Central State University	79847
Speed to Scale, shall be used to achieve the goals of the Speed to	79848
Scale Plan, which include increasing student enrollment through	79849
freshman recruitment and transferred students, increasing the	79850
proportion of in-state students to 80 per cent of the total	79851
student population, and increasing the student retention rates	79852
between the first and second year of college by two per cent each	79853
year. The goals shall be accomplished by targeting student	79854
retention, improved articulation agreements with two-year	79855
campuses, increased use of alternative course options, including	79856
online coursework and Ohio Learning Network resources, College	79857
Tech Prep, Post Secondary Enrollment Options, and other	79858
dual-credit programs, and strategic partnerships with research	79859
institutions to improve the quality of Central State University's	79860
offering of science, technology, engineering, mathematics, and	79861
medical instruction. In fiscal year 2009, the disbursement of	79862
these funds shall be contingent upon Central State University	79863
meeting the annual goals for the student enrollment and	79864
first-to-second-year retention rate increases.	79865

There is hereby created the Speed to Scale Task Force that	79866
shall meet not less than quarterly to discuss progress of the	79867
plan, including performance on accountability metrics, issues	79868
experienced in planned efforts, and to monitor and support the	79869
creation of partnerships with other state institutions of higher	79870
education. The Task Force shall consist of the president of	79871
Central State University or the president's designee, the	79872
president of Sinclair Community College or the president's	79873
designee, the president of Cincinnati State Technical and	79874
Community College or the president's designee, the president of	79875
Cuyahoga Community College or the president's designee, The Ohio	79876
State University or the president's designee, the president of the	79877
University of Cincinnati or the president's designee, one	79878
representative from the Board of Regents, one member of the House	79879
of Representatives appointed by the Speaker of the House of	79880
Representatives, one member of the Senate appointed by the	79881
President of the Senate, the Director of Budget and Management or	79882
the director's designee, and a representative of the Governor's	79883
Office as appointed by the Governor.	79884

On the thirtieth day of June of each fiscal year, Central	79885
State University and the Speed to Scale Task Force shall jointly	79886
submit to the Governor, the Director of Budget and Management, the	79887
Speaker of the House of Representatives, the President of the	79888
Senate, and the Board of Regents a report describing the status of	79889
their progress on the accountability metrics included in the Speed	79890
to Scale plan.	79891

Section 375.60.95. JAMES A. RHODES SCHOLARSHIP

79892

The foregoing appropriation item 235-571, James A. Rhodes	79893
Scholarship, shall be used to match the funds raised by the James	79894
A. Rhodes Leadership Foundation for the purpose of providing	79895
scholarships to students who attend community colleges, state	79896
community colleges, and technical colleges. The focus of the	79897
scholarships shall be consistent with the goal of establishing a	79898
skilled workforce in the state. To receive the funds provided in	79899
this appropriation item, the Foundation shall raise at least	79900
$10,000,000 from nonstate sources and shall enter into an	79901
agreement with the Chancellor of the Board of Regents.	79902

Section 375.70.10. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

79903

The foregoing appropriation item 235-572, The Ohio State	79904
University Clinic Support, shall be distributed through the Board	79905
of Regents to The Ohio State University for support of dental and	79906
veterinary medicine clinics.	79907

Section 375.70.15. OHIO HUMANITIES COUNCIL

79908

The foregoing appropriation item 235-573, Ohio Humanities	79909
Council, shall be used to support humanities research, education,	79910
teacher development, and outreach activities through the Ohio	79911
Humanities Council.	79912

Section 375.70.20. URBAN UNIVERSITY PROGRAM

79913

Universities receiving funds from the foregoing appropriation	79914
item 235-583, Urban University Program, that are used to support	79915
an ongoing university unit shall certify periodically in a manner	79916
approved by the Board of Regents that program funds are being	79917
matched on a one-to-one basis with equivalent resources. Overhead	79918
support may not be used to meet this requirement. Where Urban	79919
University Program funds are being used to support an ongoing	79920
university unit, matching funds shall come from continuing rather	79921
than one-time sources. At each participating state-assisted	79922
institution of higher education, matching funds shall be within	79923
the substantial control of the individual designated by the	79924
institution's president as the Urban University Program	79925
representative.	79926

Of the foregoing appropriation item 235-583, Urban University	79927
Program, $117,215 in each fiscal year shall be used to support the	79928
Center for the Interdisciplinary Study of Education and the Urban	79929
Child at Cleveland State University. These funds shall be	79930
distributed according to rules adopted by the Board of Regents and	79931
shall be used by the center for interdisciplinary activities	79932
targeted toward increasing the chance of lifetime success of the	79933
urban child, including interventions beginning with the prenatal	79934
period. The primary purpose of the center is to study issues in	79935
urban education and to systematically map directions for new	79936
approaches and new solutions by bringing together a cadre of	79937
researchers, scholars, and professionals representing the social,	79938
behavioral, education, and health disciplines.	79939

Of the foregoing appropriation item 235-583, Urban University	79940
Program, $1,433,037 in each fiscal year shall be distributed by	79941
the Board of Regents to Cleveland State University in support of	79942
the Maxine Goodman Levin College of Urban Affairs.	79943

Of the foregoing appropriation item 235-583, Urban University	79944
Program, $1,433,037 in each fiscal year shall be distributed to	79945
the Northeast Ohio Research Consortium, the Urban Linkages	79946
Program, and the Urban Research Technical Assistance Grant	79947
Program. The distribution among the three programs shall be	79948
determined by the chair of the Urban University Program.	79949

Of the foregoing appropriation item 235-583, Urban University	79950
Program, $247,453 in each fiscal year shall be used to support a	79951
public communication outreach program (WCPN). The primary purpose	79952
of the program shall be to develop a relationship between	79953
Cleveland State University and nonprofit communications entities.	79954

Of the foregoing appropriation item 235-583, Urban University	79955
Program, $169,310 in each fiscal year shall be used to support the	79956
Kent State University Learning and Technology Project. This	79957
project is a kindergarten through university collaboration between	79958
schools surrounding Kent State University's eight campuses in	79959
northeast Ohio and corporate partners who will assist in	79960
development and delivery.	79961

The Kent State University Project shall provide a faculty	79962
member who has a full-time role in the development of	79963
collaborative activities and teacher instructional programming	79964
between Kent State University and the K-12th grade schools that	79965
surround its eight campuses; appropriate student support staff to	79966
facilitate these programs and joint activities; and hardware and	79967
software to schools that will make possible the delivery of	79968
instruction to pre-service and in-service teachers, and their	79969
students, in their own classrooms or school buildings. This shall	79970
involve the delivery of low-bandwidth streaming video and	79971
web-based technologies in a distributed instructional model.	79972

Of the foregoing appropriation item 235-583, Urban University	79973
Program, $65,119 in each fiscal year shall be used to support the	79974
Ameritech Classroom/Center for Research at Kent State University.	79975

Of the foregoing appropriation item 235-583, Urban University	79976
Program, $723,547 in each fiscal year shall be used to support the	79977
Polymer Distance Learning Project at the University of Akron.	79978

Of the foregoing appropriation item 235-583, Urban University	79979
Program, $32,560 in each fiscal year shall be distributed to the	79980
Kent State University/Cleveland Design Center program.	79981

Of the foregoing appropriation item 235-583, Urban University	79982
Program, $513,886 in each fiscal year shall be used to support the	79983
Bliss Institute of Applied Politics at the University of Akron.	79984

Of the foregoing appropriation item 235-583, Urban University	79985
Program, $10,851 in each fiscal year shall be used for the	79986
Advancing-Up Program at the University of Akron.	79987

Of the foregoing appropriation item 235-583, Urban University	79988
Program, $139,777 in each fiscal year shall be used to support the	79989
Strategic Economic Research Collaborative at the University of	79990
Toledo Urban Affairs Center.	79991

Of the foregoing appropriation item 235-583, Urban University	79992
Program, $164,777 in each fiscal year shall be used to support the	79993
Institute for Collaborative Research and Public Humanities at The	79994
Ohio State University.	79995

Of the foregoing appropriation item 235-583, Urban University	79996
Program, $425,368 in each fiscal year shall be used to support the	79997
Medina County University Center.	79998

Of the foregoing appropriation item 235-583, Urban University	79999
Program, $150,000 in each fiscal year shall be used to support the	80000
Ohio State University African American and African Studies	80001
Community Extension Center.	80002

Of the foregoing appropriation item 235-583, Urban University	80003
Program, $200,000 in each fiscal year shall be used to support the	80004
Cleveland Institute of Art.	80005

Section 375.70.30. RURAL UNIVERSITY PROJECTS

80006

Of the foregoing appropriation item 235-587, Rural University	80007
Projects, Bowling Green State University shall receive $263,783 in	80008
each fiscal year, Miami University shall receive $245,320 in each	80009
fiscal year, and Ohio University shall receive $575,015 in each	80010
fiscal year. These funds shall be used to support the Institute	80011
for Local Government Administration and Rural Development at Ohio	80012
University, the Center for Public Management and Regional Affairs	80013
at Miami University, and the Center for Regional Development at	80014
Bowling Green State University.	80015

A small portion of the funds provided to Ohio University	80016
shall also be used for the Institute for Local Government	80017
Administration and Rural Development State and Rural Policy	80018
Partnership with the Governor's Office of Appalachia and the	80019
Appalachian delegation of the General Assembly.	80020

Of the foregoing appropriation item 235-587, Rural University	80021
Projects, $15,942 in each fiscal year shall be used to support the	80022
Washington State Community College day care center.	80023

Of the foregoing appropriation item 235-587, Rural University	80024
Projects, $59,829 in each fiscal year shall be used to support the	80025
COAD/ILGARD/GOA Appalachian Leadership Initiative.	80026

Section 375.70.40. HAZARDOUS MATERIALS PROGRAM

80027

The foregoing appropriation item 235-596, Hazardous Materials	80028
Program, shall be disbursed to Cleveland State University for the	80029
operation of a program to certify firefighters for the handling of	80030
hazardous materials. Training shall be available to all Ohio	80031
firefighters.	80032

Of the foregoing appropriation item 235-596, Hazardous	80033
Materials Program, $177,337 in each fiscal year shall be used to	80034
support the Center for the Interdisciplinary Study of Education	80035
and Leadership in Public Service at Cleveland State University.	80036
These funds shall be distributed by the Board of Regents and shall	80037
be used by the center targeted toward increasing the role of	80038
special populations in public service and not-for-profit	80039
organizations. The primary purpose of the center is to study	80040
issues in public service and to guide strategies for attracting	80041
new communities into public service occupations by bringing	80042
together a cadre of researchers, scholars, and professionals	80043
representing the public administration, social behavioral, and	80044
education disciplines.	80045

Section 375.70.50. NATIONAL GUARD SCHOLARSHIP PROGRAM

80046

The Board of Regents shall disburse funds from appropriation	80047
item 235-599, National Guard Scholarship Program, at the direction	80048
of the Adjutant General. During each fiscal year, the Board of	80049
Regents, within ten days of cancellation, may certify to the	80050
Director of Budget and Management the amount of canceled	80051
prior-year encumbrances in appropriation item 235-599, National	80052
Guard Scholarship Program. Upon receipt of the certification, the	80053
Director of Budget and Management may transfer an amount up to the	80054
certified amount from the General Revenue Fund to the National	80055
Guard Scholarship Reserve Fund (Fund 5BM). Upon the request of the	80056
Adjutant General, the Board of Regents shall seek Controlling	80057
Board approval to establish appropriations in item 235-623,	80058
National Guard Scholarship Reserve Fund. The Board of Regents	80059
shall disburse funds from appropriation item 235-623, National	80060
Guard Scholarship Reserve Fund, at the direction of the Adjutant	80061
General.	80062

* Section 375.70.60. PLEDGE OF FEES

80063

Any new pledge of fees, or new agreement for adjustment of	80064
fees, made in the biennium ending June 30, 2009, to secure bonds	80065
or notes of a state-assisted institution of higher education for a	80066
project for which bonds or notes were not outstanding on the	80067
effective date of this section shall be effective only after	80068
approval by the Board of Regents, unless approved in a previous	80069
biennium.	80070

Section 375.70.70. HIGHER EDUCATION GENERAL OBLIGATION DEBT	80071
SERVICE	80072

The foregoing appropriation item 235-909, Higher Education	80073
General Obligation Debt Service, shall be used to pay all debt	80074
service and related financing costs at the times they are required	80075
to be made for obligations issued during the period from July 1,	80076
2007, to June 30, 2009, under sections 151.01 and 151.04 of the	80077
Revised Code.	80078

Section 375.70.80. SALES AND SERVICES

80079

The Board of Regents is authorized to charge and accept	80080
payment for the provision of goods and services. Such charges	80081
shall be reasonably related to the cost of producing the goods and	80082
services. No charges may be levied for goods or services that are	80083
produced as part of the routine responsibilities or duties of the	80084
Board. All revenues received by the Board of Regents shall be	80085
deposited into Fund 456, and may be used by the Board of Regents	80086
to pay for the costs of producing the goods and services.	80087

Section 375.70.90. OHIO HIGHER EDUCATIONAL FACILITY	80088
COMMISSION SUPPORT	80089

The foregoing appropriation item 235-602, Higher Educational	80090
Facility Commission Administration, shall be used by the Board of	80091
Regents for operating expenses related to the Board of Regents'	80092
support of the activities of the Ohio Higher Educational Facility	80093
Commission. Upon the request of the chancellor, the Director of	80094
Budget and Management shall transfer up to $50,000 cash in fiscal	80095
year 2008 and up to $45,000 cash in fiscal year 2009 from Fund 461	80096
to Fund 4E8.	80097

Section 375.80.10. PHYSICIAN LOAN REPAYMENT

80098

The foregoing appropriation item 235-604, Physician Loan	80099
Repayment, shall be used in accordance with sections 3702.71 to	80100
3702.81 of the Revised Code.	80101

Section 375.80.20. NURSING LOAN PROGRAM

80102

The foregoing appropriation item 235-606, Nursing Loan	80103
Program, shall be used to administer the nurse education	80104
assistance program. Up to $159,600 in fiscal year 2008 and	80105
$167,580 in fiscal year 2009 may be used for operating expenses	80106
associated with the program. Any additional funds needed for the	80107
administration of the program are subject to Controlling Board	80108
approval.	80109

Section 375.80.30. REPAYMENT OF RESEARCH FACILITY INVESTMENT	80110
FUND MONEYS	80111

Notwithstanding any provision of law to the contrary, all	80112
repayments of Research Facility Investment Fund loans shall be	80113
made to the Bond Service Trust Fund. All Research Facility	80114
Investment Fund loan repayments made prior to the effective date	80115
of this section shall be transferred by the Director of Budget and	80116
Management to the Bond Service Trust Fund within sixty days after	80117
the effective date of this section.	80118

Campuses shall make timely repayments of Research Facility	80119
Investment Fund loans, according to the schedule established by	80120
the Board of Regents. In the case of late payments, the Board of	80121
Regents may deduct from an institution's periodic subsidy	80122
distribution an amount equal to the amount of the overdue payment	80123
for that institution, transfer such amount to the Bond Service	80124
Trust Fund, and credit the appropriate institution for the	80125
repayment.	80126

Section 375.80.40. VETERANS' PREFERENCES

80127

The Board of Regents shall work with the Governor's Office of	80128
Veterans' Affairs to develop specific veterans' preference	80129
guidelines for higher education institutions. These guidelines	80130
shall ensure that the institutions' hiring practices are in	80131
accordance with the intent of Ohio's veterans' preference laws.	80132

Section 375.80.50. STATE NEED-BASED FINANCIAL AID	80133
RECONCILIATION	80134

By the first day of August in each fiscal year, or as soon	80135
thereafter as possible, the Ohio Board of Regents shall certify to	80136
the Director of Budget and Management the amount necessary to pay	80137
any outstanding prior year obligations to higher education	80138
institutions for the state's need-based financial aid programs.	80139
The amounts certified are hereby appropriated to appropriation	80140
item 235-618, State Need-based Financial Aid Reconciliation, from	80141
revenues received in the State Need-based Financial Aid	80142
Reconciliation Fund (Fund 5Y5).	80143

Section 375.80.60. TRANSFERS TO STATE NEED-BASED FINANCIAL	80144
AID PROGRAMS	80145

In each fiscal year of the biennium, if the Chancellor of the	80146
Board of Regents determines that additional funds are needed to	80147
support the distribution of state need-based financial aid in	80148
accordance with sections 3333.12 and 3333.122 of the Revised Code,	80149
the Chancellor shall recommend the reallocation of unencumbered	80150
and unobligated appropriation balances of General Revenue Fund	80151
appropriation items in the Board of Regents to GRF appropriation	80152
items 235-503, Ohio Instructional Grants, and 235-563, Ohio	80153
College Opportunity Grant. If the Director of Budget and	80154
Management determines that such a reallocation is required, the	80155
Director may transfer those identified unencumbered and	80156
unobligated funds in the Board of Regents as necessary to GRF	80157
appropriation items 235-503, Ohio Instructional Grants, and	80158
235-563, Ohio College Opportunity Grant. The amounts transferred	80159
to appropriation items 235-503, Ohio Instructional Grants, and	80160
235-563, Ohio College Opportunity Grant, are hereby appropriated.	80161
If those unencumbered and unobligated funds are not sufficient to	80162
support the distribution of state need-based financial aid in	80163
accordance with sections 3333.12 and 3333.122 of the Revised Code	80164
in each fiscal year, the Director of Budget and Management may	80165
increase the appropriation from the General Revenue Fund of	80166
appropriation items 235-503, Ohio Instructional Grants, and	80167
235-563, Ohio College Opportunity Grant, in each fiscal year. The	80168
combined increase to appropriation items 235-503, Ohio	80169
Instructional Grants, and 235-563, Ohio College Opportunity Grant,	80170
authorized under this section shall not exceed $5,000,000 in total	80171
for the purpose of need-based financial aid in each fiscal year of	80172
the biennium.	80173

Section 377.10. DRC DEPARTMENT OF REHABILITATION AND	80174
CORRECTION	80175

General Revenue Fund							80176
GRF	501-321	Institutional Operations	$	892,162,864	$	928,980,197	80177
GRF	501-403	Prisoner Compensation	$	8,599,255	$	8,599,255	80178
GRF	501-405	Halfway House	$	41,214,205	$	41,214,205	80179
GRF	501-406	Lease Rental Payments	$	107,607,100	$	109,224,900	80180
GRF	501-407	Community Nonresidential Programs	$	16,514,626	$	16,547,367	80181
GRF	501-408	Community Misdemeanor Programs	$	9,313,076	$	9,313,076	80182
GRF	501-501	Community Residential Programs - CBCF	$	57,104,132	$	57,104,132	80183
GRF	502-321	Mental Health Services	$	70,112,063	$	73,405,363	80184
GRF	503-321	Parole and Community Operations	$	79,296,672	$	82,739,767	80185
GRF	504-321	Administrative Operations	$	27,554,198	$	28,658,273	80186
GRF	505-321	Institution Medical Services	$	199,073,620	$	198,337,805	80187
GRF	506-321	Institution Education Services	$	23,784,868	$	24,847,502	80188
GRF	507-321	Institution Recovery Services	$	7,319,028	$	7,664,520	80189
TOTAL GRF General Revenue Fund			$	1,539,655,707	$	1,586,636,362	80190

General Services Fund Group	80191

148	501-602	Services and Agricultural	$	104,485,807	$	108,290,058	80192
200	501-607	Ohio Penal Industries	$	39,395,391	$	40,845,414	80193
4B0	501-601	Sewer Treatment Services	$	2,331,003	$	2,407,018	80194
4D4	501-603	Prisoner Programs	$	20,967,703	$	20,967,703	80195
4L4	501-604	Transitional Control	$	2,051,451	$	2,051,451	80196
4S5	501-608	Education Services	$	4,564,072	$	4,564,072	80197
483	501-605	Property Receipts	$	393,491	$	393,491	80198
5AF	501-609	State and Non-Federal Awards	$	262,718	$	262,718	80199
5H8	501-617	Offender Financial Responsibility	$	2,500,000	$	2,500,000	80200
5L6	501-611	Information Technology Services	$	3,741,980	$	3,741,980	80201
571	501-606	Training Academy Receipts	$	75,190	$	75,190	80202
593	501-618	Laboratory Services	$	5,799,999	$	5,799,999	80203
TOTAL GSF General Services Fund Group			$	186,568,805	$	191,899,094	80204

Federal Special Revenue Fund Group	80205

3S1	501-615	Truth-In-Sentencing Grants	$	8,709,142	$	8,709,142	80206
323	501-619	Federal Grants	$	12,198,353	$	12,198,353	80207
3CJ	501-621	Medicaid Inpatient Services	$	11,600,000	$	15,500,000	80208
TOTAL FED Federal Special Revenue							80209
Fund Group			$	32,507,495	$	36,407,495	80210

TOTAL ALL BUDGET FUND GROUPS

1,758,732,007

1,814,942,951

80211

OHIO BUILDING AUTHORITY LEASE PAYMENTS

80212

The foregoing appropriation item 501-406, Lease Rental	80213
Payments, shall be used to meet all payments during the period	80214
from July 1, 2007, to June 30, 2009, under the primary leases and	80215
agreements for those buildings made under Chapter 152. of the	80216
Revised Code. These appropriations are the source of funds pledged	80217
for bond service charges or obligations issued pursuant to Chapter	80218
152. of the Revised Code.	80219

PRISONER COMPENSATION

80220

Money from the foregoing appropriation item 501-403, Prisoner	80221
Compensation, shall be transferred on a quarterly basis by	80222
intrastate transfer voucher to the Services and Agricultural Fund	80223
(Fund 148) for the purposes of paying prisoner compensation.	80224

HIV/AIDS TESTING REENTRY PILOT PROGRAM

80225

Of the foregoing appropriation item 505-321, Institution	80226
Medical Services, up to $250,000 in each fiscal year shall be used	80227
for the HIV/AIDS testing re-entry pilot program at the Mansfield	80228
Correctional Institution. Prior to a prisoner's release from	80229
custody at the Mansfield Correctional Institution under the	80230
control of the Department of Rehabilitation and Correction, the	80231
department shall examine and test a prisoner for HIV infection and	80232
any sexually transmitted disease. The department may examine and	80233
test involuntarily a prisoner who refuses to be tested.	80234

Section 377.20. LIMA CORRECTIONAL INSTITUTION STUDY COMMITTEE

80235

(A) There is hereby created the Lima Correctional Institution	80236
Study Committee, effective July 1, 2007. The Committee shall	80237
consist of the following nine members:	80238

(1) The Director of Rehabilitation and Correction or the	80239
Director's designee;	80240

(2) The eight members of the Correctional Institution	80241
Inspection Committee.	80242

(B) The Director of Rehabilitation and Correction shall be	80243
the chairperson of the Lima Correctional Institution Study	80244
Committee.	80245

(C) The Lima Correctional Institution Study Committee shall	80246
procure an independent feasibility study, performed by a	80247
consultant, through the Department of Rehabilitation and	80248
Correction. The study shall examine the highest and best use for	80249
the Lima Correctional Institution and shall examine, at a minimum,	80250
all of the following:	80251

(1) State and local correctional needs and the utilization of	80252
state and local facilities to service those needs;	80253

(2) The current condition and value of the Lima Correctional	80254
Institution;	80255

(3) The cost to reopen the Lima Correctional Institution in	80256
part or in whole for a correctional purpose;	80257

(4) Alternative uses for the Lima Correctional Institution;

80258

(5) The funding options to utilize the Lima Correctional	80259
Institution;	80260

(6) The economic impact of the Lima Correctional Institution	80261
on the Lima region and the potential non-prison economic	80262
development opportunities for a closed prison facility.	80263

(D) The Lima Correctional Institution Study Committee and the	80264
consultant selected shall utilize the staff of the Department of	80265
Rehabilitation and Correction for research and other support	80266
functions as much as feasible.	80267

(E) Of the foregoing appropriation item 501-321,	80268
Institutional Operations, $50,000 in fiscal year 2008 shall be	80269
used to fund the feasibility study.	80270

(F) The Lima Correctional Institution Study Committee shall	80271
submit a report of the Committee's findings not later than April	80272
1, 2008, to the Governor, the President of the Senate, and the	80273
Speaker of the House of Representatives. The Committee shall cease	80274
to exist after submitting the report.	80275

Section 379.10. RSC REHABILITATION SERVICES COMMISSION

80276

General Revenue Fund	80277

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	80278
GRF	415-402	Independent Living Council	$	450,000	$	450,000	80279
GRF	415-406	Assistive Technology	$	47,531	$	47,531	80280
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	80281
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	80282
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	80283
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	80284

General Services Fund Group	80285

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	80286
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	80287
TOTAL GSF General Services							80288
Fund Group			$	19,755,270	$	20,189,122	80289

Federal Special Revenue Fund Group	80290

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	80291
3L1	415-605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	80292
3L1	415-608	Social Security Vocational Rehabilitation	$	1,506,260	$	1,506,260	80293
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	80294
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	80295
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	80296
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	80297
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	80298
TOTAL FED Federal Special							80299
Revenue Fund Group			$	214,316,854	$	220,120,651	80300

State Special Revenue Fund Group	80301

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	80302
468	415-618	Third Party Funding	$	906,910	$	906,910	80303
TOTAL SSR State Special							80304
Revenue Fund Group			$	4,672,247	$	5,406,910	80305
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	80306

INDEPENDENT LIVING COUNCIL

80307

The foregoing appropriation item 415-402, Independent Living	80308
Council, shall be used to fund the operations of the State	80309
Independent Living Council and shall be used to support state	80310
independent living centers and independent living services under	80311
Title VII of the Independent Living Services and Centers for	80312
Independent Living of the Rehabilitation Act Amendments of 1992,	80313
106 Stat. 4344, 29 U.S.C. 796d.	80314

OFFICE FOR PEOPLE WITH BRAIN INJURY

80315

Of the foregoing appropriation item 415-431, Office for	80316
People with Brain Injury, up to $50,000 in each fiscal year shall	80317
be used for the state match for a federal grant awarded through	80318
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	80319
$50,000 in each fiscal year shall be provided to the Brain Injury	80320
Trust Fund. The remaining appropriation shall be used to plan and	80321
coordinate head-injury-related services provided by state agencies	80322
and other government or private entities, to assess the needs for	80323
such services, and to set priorities in this area.	80324

VOCATIONAL REHABILITATION SERVICES

80325

The foregoing appropriation item 415-506, Services for People	80326
with Disabilities, shall be used as state matching funds to	80327
provide vocational rehabilitation services to eligible consumers.	80328

PROGRAM MANAGEMENT EXPENSES

80329

The foregoing appropriation item 415-606, Program Management	80330
Expenses, shall be used to support the administrative functions of	80331
the commission related to the provision of vocational	80332
rehabilitation, disability determination services, and ancillary	80333
programs.	80334

NATIONAL ACCREDITATION COMPLIANCE

80335

Of the foregoing appropriation item 415-616, Federal –	80336
Vocational Rehabilitation, $125,000 in each fiscal year shall be	80337
used to establish and implement a Community Rehabilitation Program	80338
national accreditation compliance and monitoring program	80339
administered by the Ohio Association of Rehabilitation Facilities.	80340

CLEVELAND SIGHT CENTER

80341

Of the foregoing appropriation item 415-616, Federal –	80342
Vocational Rehabilitation, $100,000 in each fiscal year shall be	80343
provided to the Cleveland Sight Center for Technology Initiative	80344
to purchase adaptive technology and software for the employment of	80345
Ohioans who are blind or visually impaired.	80346

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

80347

The foregoing appropriation item 415-617, Independent	80348
Living/Vocational Rehabilitation Programs, shall be used to	80349
support vocational rehabilitation programs.	80350

SOCIAL SECURITY REIMBURSEMENT FUNDS

80351

Reimbursement funds received from the Social Security	80352
Administration, United States Department of Health and Human	80353
Services, for the costs of providing services and training to	80354
return disability recipients to gainful employment shall be used	80355
in the Social Security Reimbursement Fund (Fund 3L1), to the	80356
extent funds are available, as follows:	80357

(A) Appropriation item 415-601, Social Security Personal Care	80358
Assistance, to provide personal care services in accordance with	80359
section 3304.41 of the Revised Code;	80360

(B) Appropriation item 415-608, Social Security Vocational	80361
Rehabilitation, to provide vocational rehabilitation services to	80362
individuals with severe disabilities who are Social Security	80363
beneficiaries, to enable them to achieve competitive employment.	80364
This appropriation item also includes funds to assist the Personal	80365
Care Assistance Program to pay its share of indirect costs as	80366
mandated by federal OMB Circular A-87.	80367

PERFORMANCE AUDIT

80368

The Auditor of State shall complete a performance audit of	80369
the Rehabilitation Services Commission. Upon completing the	80370
performance audit, the Auditor of State shall submit a report of	80371
the findings of the audit to the Governor, the President of the	80372
Senate, the Speaker of the House of Representatives, and the Board	80373
of Rehabilitation Services Commission. Expenses incurred by the	80374
Auditor of State to conduct the performance audit shall be	80375
reimbursed by the Rehabilitation Services Commission.	80376

INTERNAL REVIEW

80377

The Administrator of the Rehabilitation Services Commission	80378
shall consult with the Director of Budget and Management and	80379
representatives of local rehabilitation services agencies to	80380
conduct an internal review of policies and procedures to increase	80381
efficiency and identify and eliminate duplicative practices. Any	80382
savings identified as a result of the internal review or the	80383
performance audit conducted by the Auditor of State shall be used	80384
for community-based care.	80385

The Administrator of the Rehabilitation Services Commission	80386
shall seek Controlling Board approval before expending any funds	80387
identified as a result of the internal review or the performance	80388
audit.	80389

Section 381.10. RCB RESPIRATORY CARE BOARD

80390

General Services Fund Group	80391

4K9	872-609	Operating Expenses	$	491,628	$	481,768	80392
TOTAL GSF General Services							80393
Fund Group			$	491,628	$	481,768	80394
TOTAL ALL BUDGET FUND GROUPS			$	491,628	$	481,768	80395

Section 383.10. RDF REVENUE DISTRIBUTION FUNDS

80397

Volunteer Firefighters' Dependents Fund	80398

085	800-900	Volunteer Firefighters' Dependents Fund	$	300,000	$	300,000	80399
TOTAL 085 Volunteer Firefighters'							80400
Dependents Fund			$	300,000	$	300,000	80401
Agency Fund Group							80402
062	110-962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	80403
063	110-963	Permissive Tax Distribution	$	1,778,662,000	$	1,849,000,000	80404
067	110-967	School District Income Tax	$	325,000,000	$	350,000,000	80405
4P8	001-698	Cash Management Improvement Fund	$	3,050,000	$	3,100,000	80406
608	001-699	Investment Earnings	$	250,000,000	$	250,000,000	80407
TOTAL AGY Agency Fund Group			$	2,357,712,000	$	2,453,100,000	80408

Holding Account Redistribution	80409

R45	110-617	International Fuel Tax Distribution	$	50,000,000	$	50,000,000	80410
TOTAL 090 Holding Account Redistribution Fund			$	50,000,000	$	50,000,000	80411
Revenue Distribution Fund Group							80412
049	038-900	Indigent Drivers Alcohol Treatment	$	1,797,000	$	1,832,000	80413
050	762-900	International Registration Plan Distribution	$	54,475,631	$	55,565,143	80414
051	762-901	Auto Registration Distribution	$	500,000,000	$	539,000,000	80415
054	110-954	Local Government Property Tax Replacement - Utility	$	93,250,000	$	95,125,000	80416
060	110-960	Gasoline Excise Tax Fund	$	375,000,000	$	375,000,000	80417
064	110-964	Local Government Revenue Assistance	$	42,400,000	$	0	80418
065	110-965	Library/Local Government Support Fund	$	460,000,000	$	464,500,000	80419
066	800-900	Undivided Liquor Permits	$	13,500,000	$	13,500,000	80420
068	110-968	State and Local Government Highway Distribution	$	240,250,000	$	242,500,000	80421
069	110-969	Local Government Fund	$	730,700,000	$	785,000,000	80422
081	110-981	Local Government Property Tax Replacement-Business	$	262,500,000	$	366,800,000	80423
082	110-982	Horse Racing Tax	$	125,000	$	130,000	80424
083	700-900	Ohio Fairs Fund	$	2,277,000	$	2,325,000	80425
088	110-900	Local Government Services Collaboration	$	1,000,000	$	0	80426
TOTAL RDF Revenue Distribution							80427
Fund Group			$	2,777,274,631	$	2,941,277,143	80428
TOTAL ALL BUDGET FUND GROUPS			$	5,185,286,631	$	5,444,677,143	80429

ADDITIONAL APPROPRIATIONS

80430

Appropriation items in this section shall be used for the	80431
purpose of administering and distributing the designated revenue	80432
distribution funds according to the Revised Code. If it is	80433
determined that additional appropriations are necessary for this	80434
purpose, such amounts are appropriated.	80435

GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT PROPERTY	80436
TAX REPLACEMENT – BUSINESS (FUND 081)	80437

Notwithstanding any provision of law to the contrary, in	80438
fiscal year 2008 and fiscal year 2009, the Director of Budget and	80439
Management may transfer from the General Revenue Fund to the Local	80440
Government Property Tax Replacement – Business (Fund 081) in the	80441
Revenue Distribution Fund, those amounts necessary to reimburse	80442
local taxing units under section 5751.22 of the Revised Code.	80443
Also, in fiscal year 2008 and fiscal year 2009, the Director of	80444
Budget and Management may make temporary transfers from the	80445
General Revenue Fund to ensure sufficient balances in the Local	80446
Government Property Tax Replacement - Business Fund (Fund 081) and	80447
to replenish the General Revenue Fund for such transfers.	80448

Section 384.10. LOCAL GOVERNMENT SERVICES COLLABORATION	80449
GRANT PROGRAM	80450

(A) The Director of Development shall administer a Local	80451
Government Services Collaboration Grant Program. The Director may	80452
adopt rules under section 111.15 of the Revised Code and do all	80453
things necessary for that purpose.	80454

(B) There is hereby created in the State Treasury the Local	80455
Government Services Collaboration Grant Fund (Fund 088). The fund	80456
shall consist of all cash deposited into it pursuant to Section	80457
757.03 of this act. The fund shall be used by the Director of	80458
Development in administering the Local Government Services	80459
Collaboration Grant Program.	80460

(C) The foregoing appropriation item 110-900, Local	80461
Government Services Collaboration, shall be used by the Director	80462
of Development to administer the Local Government Services	80463
Collaboration Grant Program. Moneys shall be used to provide	80464
grants to counties, municipal corporations, and townships that are	80465
interested in combining the provision of local government services	80466
with those of other counties, municipal corporations, or	80467
townships. Individual grant awards shall be used solely for the	80468
cost of conducting a feasibility study that addresses whether, and	80469
in what manner, counties, municipal corporations, and townships	80470
may combine their respective provision of local government	80471
services.	80472

Individual grants shall be available on a competitive basis	80473
to a county, municipal corporation, or township that proposes to	80474
combine its provision of local government services with those of	80475
at least two other counties, municipal corporations, or townships,	80476
or with any combination of at least two other counties, municipal	80477
corporations, or townships. Grants shall be awarded according to	80478
the following formula:	80479

(1) For a total of, or for any combination of, three	80480
counties, municipal corporations, or townships, the grant shall be	80481
equal to fifty per cent of the total cost of the feasibility	80482
study, or not more than $30,000;	80483

(2) For a total of, or for any combination of, four counties,	80484
municipal corporations, or townships, the grant shall be equal to	80485
sixty per cent of the total cost of the feasibility study, or not	80486
more than $40,000;	80487

(3) For a total of, or for any combination of, five counties,	80488
municipal corporations, or townships, the grant shall be equal to	80489
seventy per cent of the total cost of the feasibility study, or	80490
not more than $50,000;	80491

(4) For a total of, or for any combination of, six counties,	80492
municipal corporations, or townships, the grant shall be equal to	80493
eighty per cent of the total cost of the feasibility study, or not	80494
more than $60,000;	80495

(5) For a total of, or for any combination of, seven	80496
counties, municipal corporations, or townships, the grant shall be	80497
equal to ninety per cent of the total cost of the feasibility	80498
study, or not more than $70,000;	80499

(6) For a total of, or for any combination of, eight or more	80500
counties, municipal corporations, or townships, the grant shall be	80501
equal to the total cost of the feasibility study, or not more than	80502
$80,000.	80503

(D) Of the foregoing appropriation item 110-900, Local	80504
Government Services Collaboration, not more than $100,000 over the	80505
biennium may be used by the Department of Development for	80506
operating expenditures in administering the Local Government	80507
Services Collaboration Grant Program.	80508

(E) Applicants for funding under the Local Government	80509
Services Collaboration Grant Program are encouraged to utilize the	80510
services of state-funded colleges and universities to conduct the	80511
feasibility studies referenced under this section.	80512

(F) As used in this section, "local government services"	80513
means services typically provided by a county, municipal	80514
corporation, or township for the health, safety, and well-being of	80515
community residents and includes, but is not limited to, police	80516
and fire protection, 9-1-1 emergency service, trash collection,	80517
snow removal, road repair, and the provision of public utilities	80518
such as water and sewer services.	80519

(G) On or before June 30, 2008, the unencumbered balance of	80520
the foregoing appropriation item 110-900, Local Government	80521
Services Collaboration, for fiscal year 2008 is hereby	80522
appropriated for the same purpose for fiscal year 2009.	80523

Section 385.10. SAN BOARD OF SANITARIAN REGISTRATION

80524

General Services Fund Group	80525

4K9	893-609	Operating Expenses	$	138,551	$	138,551	80526
TOTAL GSF General Services							80527
Fund Group			$	138,551	$	138,551	80528
TOTAL ALL BUDGET FUND GROUPS			$	138,551	$	138,551	80529

Section 387.10. OSB OHIO STATE SCHOOL FOR THE BLIND

80531

General Revenue Fund	80532

GRF	226-100	Personal Services	$	7,093,127	$	7,519,318	80533
GRF	226-200	Maintenance	$	704,154	$	704,154	80534
GRF	226-300	Equipment	$	113,288	$	113,288	80535
TOTAL GRF General Revenue Fund			$	7,910,569	$	8,336,760	80536

General Services Fund Group	80537

4H8	226-602	School Improvement Grants	$	37,514	$	37,514	80538
TOTAL GSF General Services							80539
Fund Group			$	37,514	$	37,514	80540

Federal Special Revenue Fund Group	80541

3P5	226-643	Medicaid Services Reimbursement	$	50,000	$	50,000	80542
310	226-626	Multi-Handicapped Student Support	$	2,527,105	$	2,527,105	80543
TOTAL FED Federal Special							80544
Revenue Fund Group			$	2,577,105	$	2,577,105	80545

State Special Revenue Fund Group	80546

4M5	226-601	Work Study and Donations	$	217,397	$	217,397	80547
TOTAL SSR State Special Revenue							80548
Fund Group			$	217,397	$	217,397	80549
TOTAL ALL BUDGET FUND GROUPS			$	10,742,585	$	11,168,776	80550

Section 389.10. OSD OHIO SCHOOL FOR THE DEAF

80552

General Revenue Fund	80553

GRF	221-100	Personal Services	$	8,775,363	$	9,263,862	80554
GRF	221-200	Maintenance	$	1,033,092	$	1,033,092	80555
GRF	221-300	Equipment	$	222,500	$	222,500	80556
TOTAL GRF General Revenue Fund			$	10,030,955	$	10,519,454	80557

General Services Fund Group	80558

4M1	221-602	School Improvement Grants	$	38,000	$	38,000	80559
TOTAL GSF General Services							80560
Fund Group			$	38,000	$	38,000	80561

Federal Special Revenue Fund Group	80562

3AD	221-604	VREAL Ohio	$	25,000	$	25,000	80563
3R0	221-684	Medicaid Services	$	34,999	$	34,999	80564
		Reimbursement					80565
3Y1	221-686	Federal Early Childhood Grant	$	250,000	$	250,000	80566
311	221-625	Statewide Outreach	$	2,470,135	$	2,470,135	80567
TOTAL FED Federal Special							80568
Revenue Fund Group			$	2,780,134	$	2,780,134	80569

State Special Revenue Fund Group	80570

4M0	221-601	Work Study and Donations	$	95,000	$	95,000	80571
5H6	221-609	Preschool Program Support	$	127,832	$	125,358	80572
TOTAL SSR State Special Revenue							80573
Fund Group			$	222,832	$	220,358	80574
TOTAL ALL BUDGET FUND GROUPS			$	13,071,921	$	13,557,946	80575

Section 391.10. SFC SCHOOL FACILITIES COMMISSION

80577

General Revenue Fund	80578

GRF	230-428	Lease Rental Payments	$	22,702,000	$	0	80579
GRF	230-908	Common Schools General Obligation Debt Service	$	284,768,400	$	339,648,300	80580
TOTAL GRF General Revenue Fund			$	307,470,400	$	339,648,300	80581

State Special Revenue Fund Group	80582

5E3	230-644	Operating Expenses	$	7,749,813	$	7,786,197	80583
TOTAL SSR State Special Revenue							80584
Fund Group			$	7,749,813	$	7,786,197	80585
TOTAL ALL BUDGET FUND GROUPS			$	315,220,213	$	347,434,497	80586

Section 391.20. LEASE RENTAL PAYMENTS

80588

The foregoing appropriation item 230-428, Lease Rental	80589
Payments, shall be used to meet all payments at the times they are	80590
required to be made during the period from July 1, 2007, to June	80591
30, 2009, by the Ohio School Facilities Commission under leases	80592
and agreements made under section 3318.26 of the Revised Code.	80593

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

80594

The foregoing appropriation item 230-908, Common Schools	80595
General Obligation Debt Service, shall be used to pay all debt	80596
service and related financing costs at the times they are required	80597
to be made for obligations issued during the period from July 1,	80598
2007, through June 30, 2009, under sections 151.01 and 151.03 of	80599
the Revised Code.	80600

OPERATING EXPENSES

80601

The foregoing appropriation item 230-644, Operating Expenses,	80602
shall be used by the Ohio School Facilities Commission to carry	80603
out its responsibilities under this section and Chapter 3318. of	80604
the Revised Code.	80605

In both fiscal years 2008 and 2009, the Executive Director of	80606
the Ohio School Facilities Commission shall certify on a quarterly	80607
basis to the Director of Budget and Management the amount of cash	80608
from interest earnings to be transferred from the School Building	80609
Assistance Fund (Fund 032), the Public School Building Fund (Fund	80610
021), and the Educational Facilities Trust Fund (Fund N87) to the	80611
Ohio School Facilities Commission Fund (Fund 5E3). The amount	80612
transferred from the School Building Assistance Fund (Fund 032)	80613
may not exceed investment earnings credited to the fund, less any	80614
amount required to be paid for federal arbitrage rebate purposes.	80615

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

80616

At the request of the Executive Director of the Ohio School	80617
Facilities Commission, the Director of Budget and Management may	80618
cancel encumbrances for school district projects from a previous	80619
biennium if the district has not raised its local share of project	80620
costs within one year of receiving Controlling Board approval	80621
under section 3318.05 of the Revised Code. The Executive Director	80622
of the Ohio School Facilities Commission shall certify the amounts	80623
of the canceled encumbrances to the Director of Budget and	80624
Management on a quarterly basis. The amounts of the canceled	80625
encumbrances are hereby appropriated.	80626

Section 391.30. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	80627
FACILITIES	80628

Notwithstanding any other provision of law to the contrary,	80629
the Ohio School Facilities Commission may provide assistance under	80630
the Exceptional Needs School Facilities Program established in	80631
section 3318.37 of the Revised Code to any school district, and	80632
not exclusively to a school district in the lowest seventy-five	80633
per cent of adjusted valuation per pupil on the current ranking of	80634
school districts established under section 3317.02 of the Revised	80635
Code, for the purpose of the relocation or replacement of school	80636
facilities required as a result of extreme environmental	80637
contamination.	80638

The Ohio School Facilities Commission shall contract with an	80639
independent environmental consultant to conduct a study and to	80640
report to the commission as to the seriousness of the	80641
environmental contamination, whether the contamination violates	80642
applicable state and federal standards, and whether the facilities	80643
are no longer suitable for use as school facilities. The	80644
commission then shall make a determination regarding funding for	80645
the relocation or replacement of the school facilities. If the	80646
federal government or other public or private entity provides	80647
funds for restitution of costs incurred by the state or school	80648
district in the relocation or replacement of the school	80649
facilities, the school district shall use such funds in excess of	80650
the school district's share to refund the state for the state's	80651
contribution to the environmental contamination portion of the	80652
project. The school district may apply an amount of such	80653
restitution funds up to an amount equal to the school district's	80654
portion of the project, as defined by the commission, toward	80655
paying its portion of that project to reduce the amount of bonds	80656
the school district otherwise must issue to receive state	80657
assistance under sections 3318.01 to 3318.20 of the Revised Code.	80658

Section 391.40. CANTON CITY SCHOOL DISTRICT PROJECT

80659

(A) The Ohio School Facilities Commission may commit up to	80660
thirty-five million dollars to the Canton City School District for	80661
construction of a facility described in this section, in lieu of a	80662
high school that would otherwise be authorized under Chapter 3318.	80663
of the Revised Code. The Commission shall not commit funds under	80664
this section unless all of the following conditions are met:	80665

(1) The District has entered into a cooperative agreement	80666
with a state-assisted technical college.	80667

(2) The District has received an irrevocable commitment of	80668
additional funding from nonpublic sources.	80669

(3) The facility is intended to serve both secondary and	80670
postsecondary instructional purposes.	80671

(B) The Commission shall enter into an agreement with the	80672
District for the construction of the facility authorized under	80673
this section that is separate from and in addition to the	80674
agreement required for the District's participation in the	80675
Classroom Facilities Assistance Program under section 3318.08 of	80676
the Revised Code. Notwithstanding that section and sections	80677
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	80678
agreement shall provide, but not be limited to, the following:	80679

(1) The Commission shall not have any oversight	80680
responsibilities over the construction of the facility.	80681

(2) The facility need not comply with the specifications for	80682
plans and materials for high schools adopted by the Commission.	80683

(3) The Commission may decrease the basic project cost that	80684
would otherwise be calculated for a high school under Chapter	80685
3318. of the Revised Code.	80686

(4) The state shall not share in any increases in the basic	80687
project cost for the facility above the amount authorized under	80688
this section.	80689

All other provisions of Chapter 3318. of the Revised Code	80690
apply to the approval and construction of a facility authorized	80691
under this section.	80692

The state funds committed to the facility authorized by this	80693
section shall be part of the total amount the state commits to the	80694
Canton City School District under Chapter 3318. of the Revised	80695
Code. All additional state funds committed to the Canton City	80696
School District for classroom facilities assistance shall be	80697
subject to all provisions of Chapter 3318. of the Revised Code.	80698

Section 391.50. CAREER-TECHNICAL LOAN PROGRAM

80699

Within thirty days after the effective date of this section,	80700
or as soon as possible thereafter, the Executive Director of the	80701
Ohio School Facilities Commission shall certify the cash balance	80702
in the Career-Technical School Building Assistance Fund (Fund 020)	80703
to the Director of Budget and Management, who shall transfer that	80704
amount to the Public School Building Fund (Fund 021) and abolish	80705
the Career-Technical School Building Assistance Fund (Fund 020).	80706

All repayments of current loans approved under section	80707
3318.48 of the Revised Code, which is repealed by this act, shall	80708
be deposited to the credit of the Public School Building Fund	80709
(Fund 021). Should a district fail to submit the annual	80710
installment of the loan repayment within sixty days after the due	80711
date, the Department of Education, upon the request of the	80712
Executive Director of the Ohio School Facilities Commission, shall	80713
deduct the amount of the installment from payments due to a	80714
district under Chapter 3317. of the Revised Code or from any other	80715
funds appropriated to the district by the General Assembly, and	80716
shall transfer that amount to the Commission to the credit of the	80717
Public School Building Fund (Fund 021).	80718

Section 393.10. SOS SECRETARY OF STATE

80719

General Revenue Fund	80720

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	80721
GRF	050-403	Election Statistics	$	103,936	$	103,936	80722
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	80723
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	80724
TOTAL GRF General Revenue Fund			$	2,971,585	$	2,971,585	80725

General Services Fund Group	80726

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	80727
412	050-609	Notary Commission	$	685,249	$	685,249	80728
413	050-601	Information Systems	$	119,955	$	119,955	80729
414	050-602	Citizen Education Fund	$	55,712	$	55,712	80730
TOTAL General Services Fund Group			$	868,116	$	868,116	80731

Federal Special Revenue Fund Group	80732

3AH	050-614	Election Reform/Health and Human Services	$	1,000,000	$	1,000,000	80733
3AS	050-616	2005 HAVA Voting Machines	$	4,750,000	$	2,750,000	80734
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	80735
TOTAL FED Federal Special Revenue							80736
Fund Group			$	5,791,000	$	3,791,000	80737

State Special Revenue Fund Group	80738

5N9	050-607	Technology Improvements	$	129,565	$	129,565	80739
599	050-603	Business Services Operating Expenses	$	13,761,734	$	13,761,734	80740
TOTAL SSR State Special Revenue							80741
Fund Group			$	13,891,299	$	13,891,299	80742

Holding Account Redistribution Fund Group	80743

R01	050-605	Uniform Commercial Code Refunds	$	30,000	$	30,000	80744
R02	050-606	Corporate/Business Filing Refunds	$	85,000	$	85,000	80745
TOTAL 090 Holding Account							80746
Redistribution Fund Group			$	115,000	$	115,000	80747
TOTAL ALL BUDGET FUND GROUPS			$	23,637,000	$	21,637,000	80748

BOARD OF VOTING MACHINE EXAMINERS

80749

The foregoing appropriation item 050-610, Board of Voting	80750
Machine Examiners, shall be used to pay for the services and	80751
expenses of the members of the Board of Voting Machine Examiners,	80752
and for other expenses that are authorized to be paid from the	80753
Board of Voting Machine Examiners Fund, which is created in	80754
section 3506.05 of the Revised Code. Moneys not used shall be	80755
returned to the person or entity submitting the equipment for	80756
examination. If it is determined that additional appropriations	80757
are necessary, such amounts are appropriated.	80758

2005 HAVA VOTING MACHINES

80759

Of the foregoing appropriation item 050-616, 2005 HAVA Voting	80760
Machines, in fiscal year 2008 $15,000 shall be distributed to the	80761
Vinton County Board of Elections and $15,000 shall be distributed	80762
to the Morgan County Board of Elections to be used for emergency	80763
assistance for elections.	80764

On July 1, 2008, or as soon as possible thereafter, the	80765
Director of Budget and Management shall transfer any remaining	80766
unexpended, unencumbered appropriations in Fund 3AS, appropriation	80767
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year	80768
2009. The transferred amount is hereby appropriated.	80769

On July 1, 2008, or as soon as possible thereafter, the	80770
Director of Budget and Management shall transfer any remaining	80771
unexpended, unencumbered appropriations in Fund 3AH, appropriation	80772
item 050-614, Election Reform/Health and Human Services Fund, for	80773
use in fiscal year 2009. The transferred amount is hereby	80774
appropriated.	80775

Ongoing interest earnings from the federal Election	80776
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA	80777
Voting Machines Fund (Fund 3AS) shall be credited to the	80778
respective funds and distributed in accordance with the terms of	80779
the grant under which the money is received.	80780

HOLDING ACCOUNT REDISTRIBUTION GROUP

80781

The foregoing appropriation items 050-605 and 050-606,	80782
Holding Account Redistribution Fund Group, shall be used to hold	80783
revenues until they are directed to the appropriate accounts or	80784
until they are refunded. If it is determined that additional	80785
appropriations are necessary, such amounts are appropriated.	80786

Section 395.10. SEN THE OHIO SENATE

80787

General Revenue Fund	80788

GRF	020-321		Operating Expenses		$	11,778,439		$	11,778,439		80789
TOTAL GRF General Revenue Fund					$	11,778,439		$	11,778,439		80790

General Services Fund Group	80791

102	020-602	Senate Reimbursement	$	448,465	$	448,465	80792
409	020-601	Miscellaneous Sales	$	34,497	$	34,497	80793
TOTAL GSF General Services							80794
Fund Group			$	482,962	$	482,962	80795
TOTAL ALL BUDGET FUND GROUPS			$	12,261,401	$	12,261,401	80796

OPERATING EXPENSES

80797

On July 1, 2007, or as soon as possible thereafter, the Clerk	80798
of the Senate shall certify to the Director of Budget and	80799
Management the total fiscal year 2007 unencumbered appropriations	80800
in appropriation item 020-321, Operating Expenses. The Clerk may	80801
direct the Director of Budget and Management to transfer an amount	80802
not to exceed the total fiscal year 2007 unencumbered	80803
appropriations to fiscal year 2008 for use within appropriation	80804
item 020-321, Operating Expenses. Additional appropriation	80805
authority equal to the amount certified by the Clerk is hereby	80806
appropriated to appropriation item 020-321, Operating Expenses, in	80807
fiscal year 2008.	80808

On July 1, 2008, or as soon as possible thereafter, the Clerk	80809
of the Senate shall certify to the Director of Budget and	80810
Management the total fiscal year 2008 unencumbered appropriations	80811
in appropriation item 020-321, Operating Expenses. The Clerk may	80812
direct the Director of Budget and Management to transfer an amount	80813
not to exceed the total fiscal year 2008 unencumbered	80814
appropriations to fiscal year 2009 for use within appropriation	80815
item 020-321, Operating Expenses. Additional appropriation	80816
authority equal to the amount certified by the Clerk is hereby	80817
appropriated to appropriation item 020-321, Operating Expenses, in	80818
fiscal year 2009.	80819

Section 397.10. CSF COMMISSIONERS OF THE SINKING FUND

80820

Debt Service Fund Group	80821

070	155-905	Third Frontier Research & Development Bond Retirement Fund	$	14,349,500	$	25,023,400	80822
072	155-902	Highway Capital Improvement Bond Retirement Fund	$	202,694,900	$	205,139,500	80823
073	155-903	Natural Resources Bond Retirement Fund	$	24,713,800	$	25,723,000	80824
074	155-904	Conservation Projects Bond Service Fund	$	14,847,200	$	19,779,200	80825
076	155-906	Coal Research and Development Bond Retirement Fund	$	7,232,400	$	8,192,500	80826
077	155-907	State Capital Improvement Bond Retirement Fund	$	178,713,600	$	189,296,300	80827
078	155-908	Common Schools Bond Retirement Fund	$	292,268,400	$	342,148,300	80828
079	155-909	Higher Education Bond Retirement Fund	$	175,972,400	$	210,372,200	80829
090	155-912	Job Ready Site Development Bond Retirement Fund	$	4,359,400	$	8,232,500	80830
TOTAL DSF Debt Service Fund Group			$	915,151,600	$	1,033,906,900	80831
TOTAL ALL BUDGET FUND GROUPS			$	915,151,600	$	1,033,906,900	80832

ADDITIONAL APPROPRIATIONS

80833

Appropriation items in this section are for the purpose of	80834
paying debt service and financing costs on bonds or notes of the	80835
state issued under the Ohio Constitution and acts of the General	80836
Assembly. If it is determined that additional appropriations are	80837
necessary for this purpose, such amounts are hereby appropriated.	80838

Section 399.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	80839
DEVELOPMENT FOUNDATION	80840

General Revenue Fund	80841

GRF	945-321	Operating Expenses	$	$	475,220	80842
GRF	945-501	Southern Ohio Agricultural and Community Development Foundation	$	$	7,513,251	80843
TOTAL GRF General Revenue Fund			$	$	7,988,471	80844
TOTAL ALL BUDGET FUND GROUPS			$	$	7,988,471	80845

SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT	80846
FOUNDATION	80847

The foregoing appropriation item 945-321, Operating Expenses,	80848
shall be used for the operating expenses of the Southern Ohio	80849
Agricultural and Community Development Foundation in administering	80850
programs under section 183.15 of the Revised Code.	80851

The foregoing appropriation item 945-501, Southern Ohio	80852
Agricultural and Community Development Foundation, shall be used	80853
by the Southern Ohio Agricultural and Community Development	80854
Foundation for programs administered under section 183.15 of the	80855
Revised Code.	80856

Section 401.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	80857
AUDIOLOGY	80858

General Services Fund Group	80859

4K9	886-609	Operating Expenses	$	430,600	$	453,000	80860
TOTAL GSF General Services							80861
Fund Group			$	430,600	$	453,000	80862
TOTAL ALL BUDGET FUND GROUPS			$	430,600	$	453,000	80863

Section 403.10. BTA BOARD OF TAX APPEALS

80865

General Revenue Fund	80866

GRF	116-321	Operating Expenses	$	2,247,476	$	2,281,188	80867
TOTAL GRF General Revenue Fund			$	2,247,476	$	2,281,188	80868
TOTAL ALL BUDGET FUND GROUPS			$	2,247,476	$	2,281,188	80869

Section 405.10. TAX DEPARTMENT OF TAXATION

80871

General Revenue Fund	80872

GRF	110-321	Operating Expenses	$	92,040,062	$	92,440,062	80873
GRF	110-404	Tobacco Settlement Enforcement	$	0	$	328,034	80874
GRF	110-412	Child Support Administration	$	71,680	$	71,680	80875
GRF	110-901	Property Tax Allocation - Taxation	$	446,953,165	$	478,613,618	80876
GRF	110-906	Tangible Tax Exemption - Taxation	$	9,177,962	$	4,588,981	80877
TOTAL GRF General Revenue Fund			$	548,242,869	$	576,042,375	80878

General Services Fund Group	80879

433	110-602	Tape File Account	$	125,000	$	140,000	80880
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	6,000,000	80881
5W4	110-625	Centralized Tax Filing and Payment	$	400,000	$	200,000	80882
5W7	110-627	Exempt Facility Administration	$	100,000	$	150,000	80883
5CZ	110-631	Vendor's License Application	$	1,000,000	$	1,000,000	80884
TOTAL GSF General Services							80885
Fund Group			$	7,625,000	$	7,490,000	80886

State Special Revenue Fund Group	80887

4C6	110-616	International Registration Plan	$	706,855	$	706,855	80888
4R6	110-610	Tire Tax Administration	$	125,000	$	150,000	80889
435	110-607	Local Tax Administration	$	17,250,000	$	17,250,000	80890
436	110-608	Motor Vehicle Audit	$	1,200,000	$	1,200,000	80891
437	110-606	Litter Tax and Natural Resource Tax Administration	$	675,000	$	800,000	80892
438	110-609	School District Income Tax	$	3,600,000	$	3,600,000	80893
5N5	110-605	Municipal Income Tax Administration	$	500,000	$	500,000	80894
5N6	110-618	Kilowatt Hour Tax Administration	$	125,000	$	175,000	80895
5V7	110-622	Motor Fuel Tax Administration	$	4,700,000	$	5,000,000	80896
5V8	110-623	Property Tax Administration	$	13,500,000	$	13,500,000	80897
639	110-614	Cigarette Tax Enforcement	$	100,000	$	100,000	80898
642	110-613	Ohio Political Party Distributions	$	600,000	$	600,000	80899
688	110-615	Local Excise Tax Administration	$	210,000	$	180,000	80900
TOTAL SSR State Special Revenue							80901
Fund Group			$	43,291,855	$	43,761,855	80902

Agency Fund Group	80903

095	110-995	Municipal Income Tax	$	21,000,000	$	21,000,000	80904
425	110-635	Tax Refunds	$	1,565,900,000	$	1,546,800,000	80905
TOTAL AGY Agency Fund Group			$	1,586,900,000	$	1,567,800,000	80906

Holding Account Redistribution Fund Group	80907

R10	110-611	Tax Distributions	$	50,000	$	50,000	80908
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	80909
TOTAL 090 Holding Account							80910
Redistribution Fund Group			$	100,000	$	100,000	80911
TOTAL ALL BUDGET FUND GROUPS			$	2,186,159,724	$	2,195,194,230	80912

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	80913
EXEMPTION	80914

The foregoing appropriation item 110-901, Property Tax	80915
Allocation - Taxation, is hereby appropriated to pay for the	80916
state's costs incurred because of the Homestead Exemption, the	80917
Manufactured Home Property Tax Rollback, and the Property Tax	80918
Rollback. The Tax Commissioner shall distribute these funds	80919
directly to the appropriate local taxing districts, except for	80920
school districts, notwithstanding the provisions in sections	80921
321.24 and 323.156 of the Revised Code, which provide for payment	80922
of the Homestead Exemption, the Manufactured Home Property Tax	80923
Rollback, and Property Tax Rollback by the Tax Commissioner to the	80924
appropriate county treasurer and the subsequent redistribution of	80925
these funds to the appropriate local taxing districts by the	80926
county auditor.	80927

The foregoing appropriation item 110-906, Tangible Tax	80928
Exemption - Taxation, is hereby appropriated to pay for the	80929
state's costs incurred because of the tangible personal property	80930
tax exemption required by division (C)(3) of section 5709.01 of	80931
the Revised Code. The Tax Commissioner shall distribute to each	80932
county treasurer the total amount appearing in the notification	80933
from the county treasurer under division (G) of section 321.24 of	80934
the Revised Code for all local taxing districts located in the	80935
county except for school districts, notwithstanding the provision	80936
in section 321.24 of the Revised Code which provides for payment	80937
of the $10,000 tangible personal property tax exemption by the Tax	80938
Commissioner to the appropriate county treasurer for all local	80939
taxing districts located in the county including school districts.	80940
The county auditor shall distribute the amount paid by the Tax	80941
Commissioner among the appropriate local taxing districts except	80942
for school districts under division (G) of section 321.24 of the	80943
Revised Code.	80944

Upon receipt of these amounts, each local taxing district	80945
shall distribute the amount among the proper funds as if it had	80946
been paid as real or tangible personal property taxes. Payments	80947
for the costs of administration shall continue to be paid to the	80948
county treasurer and county auditor as provided for in sections	80949
319.54, 321.26, and 323.156 of the Revised Code.	80950

Any sums, in addition to the amounts specifically	80951
appropriated in appropriation items 110-901, Property Tax	80952
Allocation - Taxation, for the Homestead Exemption, the	80953
Manufactured Home Property Tax Rollback, and the Property Tax	80954
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	80955
for the $10,000 tangible personal property tax exemption payments,	80956
which are determined to be necessary for these purposes, are	80957
hereby appropriated.	80958

MUNICIPAL INCOME TAX

80959

The foregoing appropriation item 110-995, Municipal Income	80960
Tax, shall be used to make payments to municipal corporations	80961
under section 5745.05 of the Revised Code. If it is determined	80962
that additional appropriations are necessary to make these	80963
payments, such amounts are hereby appropriated.	80964

TAX REFUNDS

80965

The foregoing appropriation item 110-635, Tax Refunds, shall	80966
be used to pay refunds under section 5703.052 of the Revised Code.	80967
If it is determined that additional appropriations are necessary	80968
for this purpose, such amounts are hereby appropriated.	80969

INTERNATIONAL REGISTRATION PLAN AUDIT

80970

The foregoing appropriation item 110-616, International	80971
Registration Plan, shall be used under section 5703.12 of the	80972
Revised Code for audits of persons with vehicles registered under	80973
the International Registration Plan.	80974

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

80975

Of the foregoing appropriation item 110-607, Local Tax	80976
Administration, the Tax Commissioner may disburse funds, if	80977
available, for the purposes of paying travel expenses incurred by	80978
members of Ohio's delegation to the Streamlined Sales Tax Project,	80979
as appointed under section 5740.02 of the Revised Code. Any travel	80980
expense reimbursement paid for by the Department of Taxation shall	80981
be done in accordance with applicable state laws and guidelines.	80982

LITTER CONTROL TAX ADMINISTRATION FUND

80983

Notwithstanding section 5733.12 of the Revised Code, during	80984
the period from July 1, 2007, to June 30, 2008, the amount of	80985
$675,000, and during the period from July 1, 2008, to June 30,	80986
2009, the amount of $800,000, received by the Tax Commissioner	80987
under Chapter 5733. of the Revised Code, shall be credited to the	80988
Litter Control Tax Administration Fund (Fund 437).	80989

CENTRALIZED TAX FILING AND PAYMENT FUND

80990

The Director of Budget and Management, under a plan submitted	80991
by the Tax Commissioner, or as otherwise determined by the	80992
Director of Budget and Management, shall set a schedule to	80993
transfer cash from the General Revenue Fund to the credit of the	80994
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	80995
of cash shall not exceed $600,000 in the biennium.	80996

COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND

80997

The foregoing appropriation item 110-629, Commercial Activity	80998
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses	80999
incurred by the Department of Taxation to implement and administer	81000
the Commercial Activity Tax under Chapter 5751. of the Revised	81001
Code.	81002

Notwithstanding section 3734.9010, division (B)(2)(c) of	81003
section 4505.09, division (B) of section 5703.12, section 5703.80,	81004
division (C)(6) of section 5727.81, sections 5733.122 and	81005
5735.053, division (C) of section 5739.21, section 5745.03,	81006
section 5743.024, section 5743.15, division (C) of section	81007
5747.03, and section 5747.113 of the Revised Code or any other	81008
provisions to the contrary, any residual cash balances determined	81009
and certified by the Tax Commissioner to the Director of Budget	81010
and Management shall be transferred on July 1, 2007, or as soon as	81011
possible thereafter, to the Commercial Activities Tax	81012
Administration Fund (Fund 5BQ).	81013

TOBACCO SETTLEMENT ENFORCEMENT

81014

The foregoing appropriation item 110-404, Tobacco Settlement	81015
Enforcement, shall be used by the Tax Commissioner to pay costs	81016
incurred in the enforcement of divisions (F) and (G) of section	81017
5743.03 of the Revised Code.	81018

Section 407.10. DOT DEPARTMENT OF TRANSPORTATION

81019

Transportation Modes	81020

General Revenue Fund	81021

GRF	775-451	Public Transportation - State	$	16,700,000	$	17,000,000	81022
GRF	776-465	Ohio Rail Development Commission	$	3,700,000	$	3,700,000	81023
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	81024
GRF	777-471	Airport Improvements - State	$	3,293,985	$	1,794,003	81025
TOTAL GRF General Revenue Fund			$	24,483,585	$	23,283,603	81026
TOTAL ALL BUDGET FUND GROUPS			$	24,483,585	$	23,283,603	81027

PUBLIC TRANSPORTATION - STATE

81028

Of the foregoing GRF appropriation item 775-451, Public	81029
Transportation - State, $200,000 in fiscal year 2008 shall be used	81030
for the Cleveland Metropolitan Park District West Creek Project.	81031

TRANSPORTATION STUDY

81032

Of the foregoing appropriation item 775-451, Public	81033
Transportation-State, $50,000 in fiscal year 2008 shall be used	81034
for a Franklin County school transportation study to determine the	81035
feasibility of a countywide pupil transportation system.	81036

AIRPORT IMPROVEMENTS

81037

Of the foregoing appropriation item 777-471, Airport	81038
Improvements - State, $1,500,000 in fiscal year 2008 shall be used	81039
for air travel and support and economic development of statewide	81040
airports. The Directors of Development and Transportation may	81041
enter into one or more interagency agreements between their two	81042
departments as necessary to implement a statewide strategy to	81043
enhance Ohio's airports as centers of regional economic	81044
development.	81045

Section 409.10. TOS TREASURER OF STATE

81046

General Revenue Fund	81047

GRF	090-321	Operating Expenses	$	9,313,195	$	9,313,195	81048
GRF	090-401	Office of the Sinking	$	537,223	$	537,223	81049
		Fund					81050
GRF	090-402	Continuing Education	$	448,843	$	448,843	81051
GRF	090-524	Police and Fire	$	14,000	$	12,000	81052
		Disability Pension Fund					81053
GRF	090-534	Police & Fire Ad Hoc Cost	$	140,000	$	130,000	81054
		of Living					81055
GRF	090-554	Police and Fire Survivor	$	910,000	$	865,000	81056
		Benefits					81057
GRF	090-575	Police and Fire Death	$	20,000,000	$	20,000,000	81058
		Benefits					81059
TOTAL GRF General Revenue Fund			$	31,363,261	$	31,306,261	81060

General Services Fund Group	81061

4E9	090-603	Securities Lending Income	$	3,164,000	$	3,314,000	81062
577	090-605	Investment Pool	$	550,000	$	550,000	81063
		Reimbursement					81064
605	090-609	Treasurer of State	$	350,000	$	350,000	81065
		Administrative Fund					81066
TOTAL GSF General Services							81067
Fund Group			$	4,064,000	$	4,214,000	81068

State Special Revenue Fund Group	81069

5C5	090-602	County Treasurer Education	$	135,000	$	135,000	81070
TOTAL SSR State Special Revenue							81071
Fund Group			$	135,000	$	135,000	81072

Agency Fund Group	81073

425	090-635	Tax Refunds	$	31,000,000	$	31,000,000	81074
TOTAL Agency Fund Group			$	31,000,000	$	31,000,000	81075
TOTAL ALL BUDGET FUND GROUPS			$	66,562,261	$	66,655,261	81076

Section 409.10.10. OFFICE OF THE SINKING FUND

81078

The foregoing appropriation item 090-401, Office of the	81079
Sinking Fund, shall be used for financing and other costs incurred	81080
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	81081
Public Facilities Commission or its secretary, or the Treasurer of	81082
State, with respect to State of Ohio general obligation bonds or	81083
notes, including, but not limited to, printing, advertising,	81084
delivery, rating fees and the procurement of ratings, professional	81085
publications, membership in professional organizations, and	81086
services referred to in division (D) of section 151.01 of the	81087
Revised Code. The General Revenue Fund shall be reimbursed for	81088
such costs by intrastate transfer voucher pursuant to a	81089
certification by the Office of the Sinking Fund of the actual	81090
amounts used. The amounts necessary to make such reimbursements	81091
are appropriated from the general obligation bond retirement funds	81092
created by the Constitution and laws to the extent such costs are	81093
incurred.	81094

POLICE AND FIRE DEATH BENEFIT FUND

81095

The foregoing appropriation item 090-575, Police and Fire	81096
Death Benefits, shall be disbursed quarterly by the Treasurer of	81097
State at the beginning of each quarter of each fiscal year to the	81098
Board of Trustees of the Ohio Police and Fire Pension Fund. The	81099
Treasurer of State shall certify such amounts quarterly to the	81100
Director of Budget and Management. By the twentieth day of June of	81101
each fiscal year, the Board of Trustees of the Ohio Police and	81102
Fire Pension Fund shall certify to the Treasurer of State the	81103
amount disbursed in the current fiscal year to make the payments	81104
required by section 742.63 of the Revised Code and shall return to	81105
the Treasurer of State moneys received from this appropriation	81106
item but not disbursed.	81107

TAX REFUNDS

81108

The foregoing appropriation item 090-635, Tax Refunds, shall	81109
be used to pay refunds under section 5703.052 of the Revised Code.	81110
If the Director of Budget and Management determines that	81111
additional amounts are necessary for this purpose, such amounts	81112
are hereby appropriated.	81113

Section 411.10. TTA OHIO TUITION TRUST AUTHORITY

81114

State Special Revenue Fund Group	81115

5AM	095-603	Index Savings Plan	$	2,376,852	$	2,425,777	81116
5DC	095-604	Banking Products	$	1,631,283	$	1,648,123	81117
5P3	095-602	Variable College Savings Fund	$	2,031,354	$	2,063,596	81118
645	095-601	Operating Expenses	$	872,086	$	881,169	81119
TOTAL SSR State Special Revenue							81120
Fund Group			$	6,911,575	$	7,018,665	81121
TOTAL ALL BUDGET FUND GROUPS			$	6,911,575	$	7,018,665	81122

Section 413.10. OVH OHIO VETERANS' HOME

81124

General Revenue Fund	81125

GRF	430-100	Personal Services	$	23,085,261	$	24,403,903	81126
GRF	430-200	Maintenance	$	7,835,544	$	8,458,613	81127
GRF	430-402	Hall of Fame	$	125,000	$	125,000	81128
TOTAL GRF General Revenue Fund			$	31,045,805	$	32,987,516	81129

General Services Fund Group	81130

484	430-603		Veterans Home Services		$	375,880		$	375,880		81131
TOTAL GSF General Services Fund Group					$	375,880		$	375,880		81132

Federal Special Revenue Fund Group	81133

3BX	430-609	Medicare Services	$	1,446,807		1,446,807	81134
3L2	430-601	Veterans Home Operations - Federal	$	15,290,320	$	15,410,471	81135
TOTAL FED Federal Special Revenue							81136
Fund Group			$	16,737,127	$	16,857,278	81137

State Special Revenue Fund Group	81138

4E2	430-602	Veterans Home Operating	$	8,530,800	$	8,530,800	81139
604	430-604	Veterans Home Improvement	$	770,096	$	770,096	81140
TOTAL SSR State Special Revenue							81141
Fund Group			$	9,300,896	$	9,300,896	81142
TOTAL ALL BUDGET FUND GROUPS			$	57,459,708	$	59,521,570	81143

CORNERSTONE OF HOPE

81144

Of the foregoing appropriation item 430-100, Personal	81145
Services, $100,000 in each fiscal year shall be distributed to	81146
Cornerstone of Hope to be used to provide professional counseling	81147
services for individuals who have recently lost family members who	81148
were service men and service women in the United States Armed	81149
Forces.	81150

Section 415.10. VET VETERANS' ORGANIZATIONS

81151

General Revenue Fund	81152

VAP AMERICAN EX-PRISONERS OF WAR	81153

GRF

743-501

State Support

27,533

81154

VAN ARMY AND NAVY UNION, USA, INC.	81155

GRF

746-501

State Support

60,513

81156

VKW KOREAN WAR VETERANS	81157

GRF

747-501

State Support

54,398

81158

VJW JEWISH WAR VETERANS	81159

GRF

748-501

State Support

32,687

81160

VCW CATHOLIC WAR VETERANS	81161

GRF

749-501

State Support

63,789

81162

VPH MILITARY ORDER OF THE PURPLE HEART	81163

GRF

750-501

State Support

62,015

81164

VVV VIETNAM VETERANS OF AMERICA	81165

GRF

751-501

State Support

204,549

81166

VAL AMERICAN LEGION OF OHIO	81167

GRF

752-501

State Support

332,561

81168

VII AMVETS	81169

GRF

753-501

State Support

316,711

81170

VAV DISABLED AMERICAN VETERANS	81171

GRF

754-501

State Support

237,939

81172

VMC MARINE CORPS LEAGUE	81173

GRF

756-501

State Support

127,569

81174

V37 37TH DIVISION AEF VETERANS' ASSOCIATION	81175

GRF

757-501

State Support

6,541

81176

VFW VETERANS OF FOREIGN WARS	81177

GRF

758-501

State Support

271,277

81178

TOTAL GRF General Revenue Fund					$	1,798,082		$	1,798,082		81179
TOTAL ALL BUDGET FUND GROUPS					$	1,798,082		$	1,798,082		81180

RELEASE OF FUNDS

81181

The foregoing appropriation items 743-501, 746-501, 747-501,	81182
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	81183
756-501, 757-501, and 758-501, State Support, shall be released	81184
upon approval by the Director of Budget and Management.	81185

CENTRAL OHIO UNITED SERVICES ORGANIZATION

81186

Of the foregoing appropriation item 751-501, State Support,	81187
Vietnam Veterans of America, $50,000 in each fiscal year shall be	81188
used to support the activities of the Central Ohio USO.	81189

VAL AMERICAN LEGION OF OHIO

81190

Of the foregoing appropriation item 752-501, State Support,	81191
VAL American Legion, at least $50,000 in each fiscal year shall be	81192
used to fund service officer expenses.	81193

VETERANS SERVICE COMMISSION EDUCATION

81194

Of the foregoing appropriation item 753-501, State Support,	81195
AMVETS, up to $20,000 in each fiscal year may be used to provide	81196
moneys to the Association of County Veterans Service Commissioners	81197
to reimburse its member county veterans service commissions for	81198
costs incurred in carrying out educational and outreach duties	81199
required under divisions (E) and (F) of section 5901.03 of the	81200
Revised Code. The Director of Budget and Management shall release	81201
these funds upon the presentation of an itemized receipt, approved	81202
by the Governor's Office of Veterans Affairs, from the association	81203
for reasonable and appropriate expenses incurred while performing	81204
these duties. The association shall establish uniform procedures	81205
for reimbursing member commissions.	81206

VII AMVETS

81207

Of the foregoing appropriation item 753-501, State Support,	81208
AMVETS, at least $50,000 shall be used in each fiscal year to fund	81209
service officer expenses.	81210

VAV DISABLED AMERICAN VETERANS

81211

Of the foregoing appropriation item 754-501, State Support,	81212
VAV Disabled American Veterans, at least $50,000 in each fiscal	81213
year shall be used to fund service officer expenses.	81214

VMC MARINE CORPS LEAGUE

81215

Of the foregoing appropriation item 756-501, State Support,	81216
VMC Marine Corps League, at least $30,000 in each fiscal year	81217
shall be used to fund service officer expenses.	81218

VFW VETERANS OF FOREIGN WARS

81219

Of the foregoing appropriation item 758-501, State Support,	81220
VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year	81221
shall be used to fund service officer expenses.	81222

Section 417.10. DVM STATE VETERINARY MEDICAL BOARD

81223

General Services Fund Group	81224

4K9	888-609	Operating Expenses	$	322,740	$	327,312	81225
5BU	888-602	Veterinary Student Loan Program	$	60,000	$	0	81226
TOTAL GSF General Services							81227
Fund Group			$	382,740	$	327,312	81228
TOTAL ALL BUDGET FUND GROUPS			$	382,740	$	327,312	81229

Section 419.10. DYS DEPARTMENT OF YOUTH SERVICES

81231

General Revenue Fund	81232

GRF	470-401	RECLAIM Ohio	$	186,338,297	$	190,599,131	81233
GRF	470-412	Lease Rental Payments	$	24,207,700	$	24,208,700	81234
GRF	470-510	Youth Services	$	18,558,587	$	18,558,587	81235
GRF	472-321	Parole Operations	$	15,356,904	$	15,764,729	81236
GRF	477-321	Administrative Operations	$	14,754,420	$	14,754,419	81237
TOTAL GRF General Revenue Fund			$	259,215,908	$	263,885,566	81238

General Services Fund Group	81239

175	470-613	Education Reimbursement	$	9,985,035	$	10,550,725	81240
4A2	470-602	Child Support	$	328,657	$	328,657	81241
4G6	470-605	General Operational Funds	$	49,713	$	50,955	81242
4G6	470-631	SCALE Program	$	100,000	$	100,000	81243
479	470-609	Employee Food Service	$	137,666	$	137,666	81244
5BN	470-629	E-Rate Program	$	200,000	$	200,000	81245
TOTAL GSF General Services							81246
Fund Group			$	10,801,071	$	11,368,003	81247

Federal Special Revenue Fund Group	81248

3BH	470-630	Federal Juvenile Programs FFY 06	$	100,000	$	50,000	81249
3BT	470-634	Federal Juvenile Programs	$	300,000	$	50,000	81250
3BY	470-635	Federal Juvenile Programs FFY 07	$	903,350	$	350,000	81251
3BZ	470-636	Federal Juvenile Programs FFY 08	$	0	$	653,350	81252
3V5	470-604	Juvenile Justice/Delinquency Prevention	$	2,750,000	$	2,750,000	81253
3Z9	470-626	Federal Juvenile Programs FFY 05	$	142,253	$	0	81254
321	470-601	Education	$	5,202,160	$	5,473,109	81255
321	470-603	Juvenile Justice Prevention	$	51,000	$	30,000	81256
321	470-606	Nutrition	$	2,908,369	$	2,981,078	81257
321	470-610	Rehabilitation Programs	$	36,000	$	36,000	81258
321	470-614	Title IV-E Reimbursements	$	6,162,670	$	6,316,737	81259
321	470-617	Americorps Programs	$	463,700	$	463,700	81260
321	470-633	Project Re-entry	$	1,017,843	$	1,017,843	81261
TOTAL FED Federal Special Revenue							81262
Fund Group			$	20,037,345	$	20,171,817	81263

State Special Revenue Fund Group	81264

147	470-612	Vocational Education	$	2,074,710	$	2,141,823	81265
5BH	470-628	Partnerships for Success	$	1,500,000	$	1,500,000	81266
TOTAL SSR State Special Revenue							81267
Fund Group			$	3,574,710	$	3,641,823	81268
TOTAL ALL BUDGET FUND GROUPS			$	293,629,034	$	299,067,209	81269

RECLAIM OHIO

81270

Of the foregoing appropriation item 470-401, RECLAIM Ohio,	81271
$25,000 in each fiscal year shall be distributed directly to the	81272
Lighthouse Youth Services Wrap-Around Program.	81273

OHIO BUILDING AUTHORITY LEASE PAYMENTS

81274

The foregoing appropriation item 470-412, Lease Rental	81275
Payments, in the Department of Youth Services, shall be used to	81276
meet all payments to the Ohio Building Authority for the period	81277
from July 1, 2007, to June 30, 2009, under the leases and	81278
agreements for facilities made under Chapter 152. of the Revised	81279
Code. This appropriation is the source of funds pledged for bond	81280
service charges on related obligations issued pursuant to Chapter	81281
152. of the Revised Code.	81282

EDUCATION REIMBURSEMENT

81283

The foregoing appropriation item 470-613, Education	81284
Reimbursement, shall be used to fund the operating expenses of	81285
providing educational services to youth supervised by the	81286
Department of Youth Services. Operating expenses include, but are	81287
not limited to, teachers' salaries, maintenance costs, and	81288
educational equipment. This appropriation item may be used for	81289
capital expenses related to the education program.	81290

EMPLOYEE FOOD SERVICE AND EQUIPMENT

81291

Notwithstanding section 125.14 of the Revised Code, the	81292
foregoing appropriation item 470-609, Employee Food Service, may	81293
be used to purchase any food operational items with funds received	81294
into the fund from reimbursement for state surplus property.	81295

Section 503.03. PERSONAL SERVICE EXPENSES

81296

Unless otherwise prohibited by law, any appropriation from	81297
which personal service expenses are paid shall bear the employer's	81298
share of public employees' retirement, workers' compensation,	81299
disabled workers' relief, and all group insurance programs; the	81300
costs of centralized accounting, centralized payroll processing,	81301
and related personnel reports and services; the cost of the Office	81302
of Collective Bargaining; the cost of the Employee Assistance	81303
Program; the cost of the affirmative action and equal employment	81304
opportunity programs administered by the Department of	81305
Administrative Services; the costs of interagency information	81306
management infrastructure; and the cost of administering the state	81307
employee merit system as required by section 124.07 of the Revised	81308
Code. These costs shall be determined in conformity with the	81309
appropriate sections of law and paid in accordance with procedures	81310
specified by the Office of Budget and Management. Expenditures	81311
from appropriation item 070-601, Public Audit Expense - Local	81312
Government, in Fund 422 may be exempted from the requirements of	81313
this section.	81314

Section 503.06. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	81315
AGAINST THE STATE	81316

Except as otherwise provided in this section, an	81317
appropriation in this act or any other act may be used for the	81318
purpose of satisfying judgments, settlements, or administrative	81319
awards ordered or approved by the Court of Claims or by any other	81320
court of competent jurisdiction in connection with civil actions	81321
against the state. This authorization does not apply to	81322
appropriations to be applied to or used for payment of guarantees	81323
by or on behalf of the state, or for payments under lease	81324
agreements relating to, or debt service on, bonds, notes, or other	81325
obligations of the state. Notwithstanding any other statute to the	81326
contrary, this authorization includes appropriations from funds	81327
into which proceeds of direct obligations of the state are	81328
deposited only to the extent that the judgment, settlement, or	81329
administrative award is for, or represents, capital costs for	81330
which the appropriation may otherwise be used and is consistent	81331
with the purpose for which any related obligations were issued or	81332
entered into. Nothing contained in this section is intended to	81333
subject the state to suit in any forum in which it is not	81334
otherwise subject to suit, and is not intended to waive or	81335
compromise any defense or right available to the state in any suit	81336
against it.	81337

Section 503.09. CAPITAL PROJECT SETTLEMENTS

81338

This section specifies an additional and supplemental	81339
procedure to provide for payments of judgments and settlements if	81340
the Director of Budget and Management determines, pursuant to	81341
division (C)(4) of section 2743.19 of the Revised Code, that	81342
sufficient unencumbered moneys do not exist in the particular	81343
appropriation to pay the amount of a final judgment rendered	81344
against the state or a state agency, including the settlement of a	81345
claim approved by a court, in an action upon and arising out of a	81346
contractual obligation for the construction or improvement of a	81347
capital facility if the costs under the contract were payable in	81348
whole or in part from a state capital projects appropriation. In	81349
such a case, the director may either proceed pursuant to division	81350
(C)(4) of section 2743.19 of the Revised Code or apply to the	81351
Controlling Board to increase an appropriation or create an	81352
appropriation out of any unencumbered moneys in the state treasury	81353
to the credit of the capital projects fund from which the initial	81354
state appropriation was made. The Controlling Board may approve or	81355
disapprove the application as submitted or modified. The amount of	81356
an increase in appropriation or new appropriation specified in an	81357
application approved by the Controlling Board is hereby	81358
appropriated from the applicable capital projects fund and made	81359
available for the payment of the judgment or settlement.	81360

If the director does not make the application authorized by	81361
this section or the Controlling Board disapproves the application,	81362
and the director does not make application under division (C)(4)	81363
of section 2743.19 of the Revised Code, the director shall for the	81364
purpose of making that payment make a request to the General	81365
Assembly as provided for in division (C)(5) of that section.	81366

Section 503.12. RE-ISSUANCE OF VOIDED WARRANTS

81367

In order to provide funds for the reissuance of voided	81368
warrants under section 117.47 of the Revised Code, there is hereby	81369
appropriated, out of moneys in the state treasury from the fund	81370
credited as provided in section 117.47 of the Revised Code, that	81371
amount sufficient to pay such warrants when approved by the Office	81372
of Budget and Management.	81373

Section 503.15. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	81374
BALANCES OF OPERATING APPROPRIATIONS	81375

Except for amounts of $50,000,000 or more that are encumbered	81376
from the General Revenue Fund for program subsidy payments, which	81377
the Director of Budget and Management must submit to the	81378
Controlling Board for approval, and General Revenue Fund	81379
encumbrances for planned program subsidy payments of $1,000,000 or	81380
more but below $50,000,000, which the Director of Budget and	81381
Management must report to the Controlling Board, an unexpended	81382
balance of an operating appropriation or reappropriation that a	81383
state agency lawfully encumbered prior to the close of a fiscal	81384
year is reappropriated on the first day of July of the following	81385
fiscal year from the fund from which it was originally	81386
appropriated or reappropriated for the following period and shall	81387
remain available only for the purpose of discharging the	81388
encumbrance:	81389

(A) For an encumbrance for personal services, maintenance,	81390
equipment, or items for resale, other than an encumbrance for an	81391
item of special order manufacture not available on term contract	81392
or in the open market or for reclamation of land or oil and gas	81393
wells for a period of not more than five months from the end of	81394
the fiscal year;	81395

(B) For an encumbrance for an item of special order	81396
manufacture not available on term contract or in the open market,	81397
for a period of not more than five months from the end of the	81398
fiscal year or, with the written approval of the Director of	81399
Budget and Management, for a period of not more than twelve months	81400
from the end of the fiscal year;	81401

(C) For an encumbrance for reclamation of land or oil and gas	81402
wells, for a period ending when the encumbered appropriation is	81403
expended or for a period of two years, whichever is less;	81404

(D) For an encumbrance for any other expense, for such period	81405
as the director approves, provided such period does not exceed two	81406
years.	81407

Any operating appropriations for which unexpended balances	81408
are reappropriated beyond a five-month period from the end of the	81409
fiscal year by division (B) of this section shall be reported to	81410
the Controlling Board by the Director of Budget and Management by	81411
the thirty-first day of December of each year. The report on each	81412
such item shall include the item, the cost of the item, and the	81413
name of the vendor. The report shall be updated on a quarterly	81414
basis for encumbrances remaining open.	81415

Upon the expiration of the reappropriation period set out in	81416
divisions (A), (B), (C), or (D) of this section, a reappropriation	81417
made by this section lapses, and the Director of Budget and	81418
Management shall cancel the encumbrance of the unexpended	81419
reappropriation not later than the end of the weekend following	81420
the expiration of the reappropriation period.	81421

Notwithstanding the preceding paragraph, with the approval of	81422
the Director of Budget and Management, an unexpended balance of an	81423
encumbrance that was reappropriated on the first day of July by	81424
this section for a period specified in division (C) or (D) of this	81425
section and that remains encumbered at the close of the fiscal	81426
biennium is hereby reappropriated on the first day of July of the	81427
following fiscal biennium from the fund from which it was	81428
originally appropriated or reappropriated for the applicable	81429
period specified in division (C) or (D) of this section and shall	81430
remain available only for the purpose of discharging the	81431
encumbrance.	81432

The Director of Budget and Management may correct accounting	81433
errors committed by the staff of the Office of Budget and	81434
Management, such as re-establishing encumbrances or appropriations	81435
cancelled in error, during the cancellation of operating	81436
encumbrances in November and of nonoperating encumbrances in	81437
December.	81438

If the Controlling Board approved a purchase, that approval	81439
remains in effect so long as the appropriation used to make that	81440
purchase remains encumbered.	81441

Section 503.18. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	81442
RE-ESTABLISHMENT OF ENCUMBRANCES	81443

Any cash transferred by the Director of Budget and Management	81444
under section 126.15 of the Revised Code is hereby appropriated.	81445
Any amounts necessary to re-establish appropriations or	81446
encumbrances under section 126.15 of the Revised Code are hereby	81447
appropriated.	81448

Section 503.21. INCOME TAX DISTRIBUTION TO COUNTIES

81449

There are hereby appropriated out of any moneys in the state	81450
treasury to the credit of the General Revenue Fund, which are not	81451
otherwise appropriated, funds sufficient to make any payment	81452
required by division (B)(2) of section 5747.03 of the Revised	81453
Code.	81454

Section 503.24. EXPENDITURES AND APPROPRIATION INCREASES	81455
APPROVED BY THE CONTROLLING BOARD	81456

Any money that the Controlling Board approves for expenditure	81457
or any increase in appropriation authority that the Controlling	81458
Board approves under sections 127.14, 131.35, and 131.39 of the	81459
Revised Code or any other provision of law is hereby appropriated	81460
for the period ending June 30, 2009.	81461

Section 503.27. FUNDS RECEIVED FOR USE OF GOVERNOR'S	81462
RESIDENCE	81463

If the Governor's Residence Fund (Fund 4H2) receives payment	81464
for use of the residence pursuant to section 107.40 of the Revised	81465
Code, the amounts so received are hereby appropriated to	81466
appropriation item 100-604, Governor's Residence Gift.	81467

Section 503.31. PAYROLL WITHHOLDING FUNDS FOR WORKERS'	81468
COMPENSATION ASSESSMENTS	81469

Notwithstanding any provision of law to the contrary, not	81470
later than September 30 of each fiscal year, the Director of	81471
Budget and Management may transfer up to $6,336,457 per fiscal	81472
year from the General Revenue Fund to the Payroll Withholding Fund	81473
(Fund 124). The amount transferred is hereby appropriated in	81474
appropriation item 995-673, Payroll Deductions. The Director of	81475
Administrative Services may use the amount transferred to pay	81476
increased costs to state agencies attributable to managed care	81477
assessments, premiums, and other fees charged by the Bureau of	81478
Workers' Compensation that would otherwise have been charged to	81479
the General Revenue Fund.	81480

Section 506.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

81481

Unless the agency and nuclear electric utility mutually agree	81482
to a higher amount by contract, the maximum amounts that may be	81483
assessed against nuclear electric utilities under division (B)(2)	81484
of section 4937.05 of the Revised Code are as follows:	81485

		FY 2008	FY 2009	81486
Department of Agriculture				81487
	Fund 4E4 Utility Radiological Safety	$73,059	$73,059	81488
Department of Health				81489
	Fund 610 Radiation Emergency Response	$850,000	$850,000	81490
Environmental Protection Agency				81491
	Fund 644 ER Radiological Safety	$286,114	$286,114	81492
Emergency Management Agency				81493
	Fund 657 Utility Radiological Safety	$1,260,000	$1,260,000	81494

Section 512.01. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE	81495
FUND ENDING BALANCES	81496

Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of	81497
section 131.44 of the Revised Code, up to $100,000,000 in cash	81498
from fiscal year 2007 surplus revenue in excess of the amount	81499
required under division (A)(3) of section 131.44 of the Revised	81500
Code shall remain in the General Revenue Fund (GRF).	81501

Section 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	81502
NON-GRF FUNDS	81503

Notwithstanding any other provision of law to the contrary,	81504
during fiscal years 2008 and 2009, the Director of Budget and	81505
Management is hereby authorized to transfer cash from non-General	81506
Revenue Fund funds that are not constitutionally restricted to the	81507
General Revenue Fund. The total amount of cash transfers made	81508
pursuant to this section to the General Revenue Fund during fiscal	81509
years 2008 and 2009 shall not exceed $70,000,000.	81510

Section 512.06. TRANSFERS TO THE GENERAL REVENUE FUND OF	81511
INTEREST EARNED	81512

Notwithstanding any provision of Ohio law to the contrary,	81513
the Director of Budget and Management, through June 30, 2009, may	81514
transfer interest earned by any fund in the Central Accounting	81515
System to the General Revenue Fund. Subsequent to the making of	81516
such transfers, the Director of Budget and Management shall	81517
provide a report to the Controlling Board at its next regularly	81518
scheduled meeting detailing the funds from which the interest	81519
earned was transferred to the General Revenue Fund and the amount	81520
of interest earnings transferred from each of those funds. This	81521
section does not apply to funds whose source of revenue is	81522
restricted or protected by the Constitution of this state, federal	81523
tax law, or the "Cash Management Improvement Act of 1990" 104	81524
Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.	81525

Section 512.07. CASH TRANSFERS FROM REPARATIONS FUND (Fund	81526
402) TO DISASTER PREPAREDNESS FUND (Fund 5EX)	81527

Notwithstanding any other provision of law to the contrary,	81528
on the first day of July in each of years 2007 and 2008, or as	81529
soon as practicable thereafter in each of those years, the	81530
Director of Budget and Management shall transfer $350,000 in cash	81531
from the Reparations Fund (Fund 402) to the Disaster Preparedness	81532
Fund (Fund 5EX).	81533

Section 512.09. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

81534

Not later than the first day of June in each year of the	81535
biennium, the Director of Budget and Management shall transfer	81536
$500,000 from the Corporate and Uniform Commercial Code Filing	81537
Fund to the General Revenue Fund.	81538

Section 512.21. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	81539
IMPLEMENTATION	81540

On July 1, 2007, or as soon thereafter as possible, the	81541
Director of Budget and Management shall transfer an amount not to	81542
exceed $2,200,725 in cash from the General Revenue Fund to Fund	81543
5N4, OAKS Project Implementation. On July 1, 2008, or as soon	81544
thereafter as possible, the Director of Budget and Management	81545
shall transfer an amount not to exceed $2,092,779 in cash from the	81546
General Revenue Fund to Fund 5N4, OAKS Project Implementation.	81547

Section 512.31. TEMPORARY TRANSFER TO THE OAKS SUPPORT	81548
ORGANIZATION FUND	81549

Notwithstanding any provision of law to the contrary, in	81550
fiscal year 2008, the Director of Budget and Management may	81551
transfer an amount not to exceed $1,000,000 in cash from the Human	81552
Resources Services Fund (Fund 125) to the OAKS Support	81553
Organization Fund (Fund 5EB). These amounts shall support the	81554
establishment of the OAKS Support Organization. Amounts	81555
transferred to the OAKS Support Organization Fund and interest	81556
earnings on these amounts transferred during fiscal year 2008	81557
shall be returned to the Human Resources Services Fund not later	81558
than January 1, 2008. Upon certification of the total amount	81559
transferred from Fund 125 to Fund 5EB, the Director of Budget and	81560
Management shall transfer cash in the amount certified from Fund	81561
5EB to Fund 125.	81562

Section 512.32. GRF TRANSFER TO FUND 470, FEE SUPPORTED	81563
PROGRAMS	81564

On July 1, 2007, or as soon as possible thereafter, the	81565
Director of Budget and Management shall transfer $50,000 in cash	81566
from the General Revenue Fund to Fund 470, Fee Supported Programs,	81567
in the Department of Health.	81568

Section 512.34. TRANSFER FROM EDUCATION FACILITIES ENDOWMENT	81569
FUND	81570

Notwithstanding division (G) of section 183.27 of the Revised	81571
Code, the Director of Budget and Management shall transfer	81572
$40,000,000 cash in fiscal year 2008 from the Education Facilities	81573
Endowment Fund (Fund P87) to the General Revenue Fund.	81574

Section 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT	81575
CAPITAL GRANT PROGRAMS	81576

On the first day of July of each fiscal year or as soon as	81577
possible thereafter, the Director of Budget and Management shall	81578
(1) transfer $9,817,105 in cash in fiscal year 2008 and	81579
$10,057,814 in cash in fiscal year 2009 from the Highway Operating	81580
Fund (Fund 002) to the Diesel Emissions Grant Fund established in	81581
section 122.861 of the Revised Code and (2) transfer $5,000,000 in	81582
each fiscal year from the Highway Operating Fund to the Transit	81583
Capital Fund (Fund 5E7). The amounts transferred are hereby	81584
appropriated.	81585

The transfer to the Diesel Emissions Grant Fund shall be used	81586
for the administration and oversight of the Diesel Emissions	81587
Reduction Grant Program within the Department of Development. In	81588
addition to the allowable expenditures set forth in section	81589
122.861 of the Revised Code, Diesel Emissions Reduction Grant	81590
Program funds also may be used to fund projects involving the	81591
purchase or use of hybrid and alternative fuel vehicles that are	81592
allowed under guidance developed by the Federal Highway	81593
Administration for the Congestion Mitigation and Air Quality	81594
(CMAQ) Program. The Director of Development, in consultation with	81595
the Director of Environmental Protection, shall develop guidance	81596
for distribution of the funds from the Diesel Emissions Grant	81597
Fund. The guidance shall include a method for prioritization of	81598
projects, acceptable technologies, and procedures for awarding	81599
grants and loans.	81600

The transfer to the Transit Capital Fund (Fund 5E7) shall be	81601
used to supplement the capital portion of the Ohio Public	81602
Transportation Grant Program within the Department of	81603
Transportation.	81604

These cash transfers represent CMAQ program moneys within the	81605
Department of Transportation for use by the Diesel Emissions	81606
Reduction Grant Program by the Department of Development and for	81607
use by the Ohio Public Transportation Grant Program by the Ohio	81608
Department of Transportation. These allocations shall not reduce	81609
the amount of such moneys designated for metropolitan planning	81610
organizations.	81611

Section 512.37. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND

81612

On July 1, 2007, and on July 1, 2008, or as soon thereafter	81613
as possible, the Director of Budget and Management may transfer	81614
cash from the funds specified below, in the amount specified	81615
below, to the Energy Strategy Development Fund, which is hereby	81616
created in the state treasury. The fund may accept contributions	81617
and transfers made to the fund. The funds shall be used to develop	81618
energy initiatives, projects, and policy.	81619

Agency	Fund	FY 2008	FY 2009	81620
Department of Administrative Services	117	$35,000	$35,000	81621
Department of Agriculture	3J4	$35,000	$35,000	81622
Department of Development	4H4	$32,447	$0	81623
Department of Development	135	$0	$35,000	81624
Environmental Protection Agency	219	$35,000	$35,000	81625
Department of Natural Resources	157	$35,000	$35,000	81626
Department of Transportation	002	$50,000	$50,000	81627

Section 512.38. CASH TRANSFER FROM AUTOMATED TITLE PROCESSING	81628
FUND TO TITLE DEFECT RESCISSION FUND	81629

Notwithstanding any other provision of law to the contrary,	81630
on July 1, 2007, or as soon as practicable thereafter, the	81631
Director of Budget and Management shall transfer $1,000,000 in	81632
cash from the Automated Title Processing Fund (Fund 849) to the	81633
Title Defect Rescission Fund (Fund 4Y7).	81634

Section 512.41. For purposes of sections 109.93, 111.18, and	81635
173.85 of the Revised Code, as amended by this act, the Director	81636
of Budget and Management, in collaboration with the Treasurer of	81637
State, may take any action necessary to establish funds in the	81638
state treasury that were previously held in the custody of the	81639
Treasurer of State, including, but not limited to, the transfer of	81640
cash from the custodial funds to the state treasury and the	81641
establishment of appropriations and encumbrances to support	81642
outstanding obligations. The amounts necessary to support	81643
outstanding obligations are hereby appropriated. Agencies may	81644
request additional appropriation authority, but it shall be	81645
subject to approval by the Controlling Board.	81646

Section 512.50. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE	81647
INTRA-STATE FUND	81648

On July 1, 2007, or as soon as possible thereafter, the	81649
Director of Budget and Management shall transfer $400,000 cash	81650
from the General Revenue Fund to the Public Audit Expense	81651
Intra-State Fund (Fund 109). The amounts transferred are hereby	81652
appropriated to help pay for expenses incurred in the Auditor of	81653
State's role relating to fiscal caution, fiscal watch, and fiscal	81654
emergency activities as defined in Chapter 3316. of the Revised	81655
Code and for performance audits for school districts in fiscal	81656
distress.	81657

Section 515.06. TRANSFER OF PRINTING SERVICES FROM THE OFFICE	81658
OF INFORMATION TECHNOLOGY	81659

Effective July 1, 2007, or the earliest date thereafter	81660
agreed to by the Director of Budget and Management and the	81661
Director of Administrative Services, the Office of Information	81662
Technology printing office currently located on Integrity Drive in	81663
Columbus shall become part of the Department of Administrative	81664
Services. The functions, assets, and liabilities, including, but	81665
not limited to, records, regardless of form or medium, leases, and	81666
contracts, of the printing office are transferred to the	81667
Department of Administrative Services. The Department of	81668
Administrative Services is thereupon and thereafter successor to,	81669
assumes the obligations of, and otherwise constitutes the	81670
continuation of the printing office. The functions of the printing	81671
office are thereupon and thereafter transferred to the Department	81672
of Administrative Services.	81673

Any business commenced but not completed by the printing	81674
office by the date of the transfer shall be completed by the	81675
Department of Administrative Services, in the same manner, and	81676
with the same effect, as if completed by the printing office. No	81677
validation, cure, right, privilege, remedy, obligation, or	81678
liability is lost or impaired by reason of the transfer and shall	81679
be administered by the Department of Administrative Services. All	81680
the printing office's rules, orders, and determinations continue	81681
in effect as rules, orders, and determinations of the Department	81682
of Administrative Services, until modified or rescinded by the	81683
Department of Administrative Services. If necessary to ensure the	81684
integrity of the Administrative Code rule numbering system, the	81685
Director of the Legislative Service Commission shall renumber the	81686
printing office's rules to reflect their transfer to the	81687
Department of Administrative Services.	81688

Employees of the Office of Information Technology designated	81689
as staff in the printing office shall be transferred to the	81690
Department of Administrative Services. Subject to the layoff	81691
provisions of sections 124.321 to 124.328 of the Revised Code, the	81692
layoff provisions of the contract between the state and all	81693
bargaining units affected, the employees transferred to the	81694
Department of Administrative Services retain their positions and	81695
all benefits accruing thereto.	81696

No judicial or administrative action or proceeding to which	81697
the printing office is a party that is pending on July 1, 2007, or	81698
such later date as may be established by the Director of the	81699
Office of Information Technology and the Director of	81700
Administrative Services, is affected by the transfer of functions.	81701
The action or proceeding shall be prosecuted or defended in the	81702
name of the Director of Administrative Services. On application to	81703
the court or agency, the Director of Administrative Services shall	81704
be substituted for the Director of the Office of Information	81705
Technology as a party to the action or proceeding.	81706

On and after July 1, 2007, notwithstanding any provision of	81707
law to the contrary, the Director of Budget and Management shall	81708
take the actions with respect to budget changes made necessary by	81709
the transfer, including administrative reorganization, program	81710
transfers, the creation of new funds, and the consolidation of	81711
funds as authorized by this section. The Director of Budget and	81712
Management may cancel encumbrances and re-establish encumbrances	81713
or parts of encumbrances as needed in fiscal year 2008 in the	81714
appropriate fund and appropriation item for the same purpose and	81715
for payment to the same vendor. The Director of Budget and	81716
Management as determined necessary, may re-establish encumbrances	81717
in fiscal year 2008 in a different fund or appropriation item in	81718
an agency or between agencies. The re-established encumbrances are	81719
hereby appropriated. The Director of Budget and Management shall	81720
reduce each year's appropriation balances by the amount of the	81721
encumbrance canceled in their respective funds and appropriation	81722
items.	81723

Not later than sixty days after the transfer of the printing	81724
office to the Department of Administrative Services, the Director	81725
of the Office of Information Technology shall certify to the	81726
Director of Budget and Management the amount of cash associated	81727
with printing services supported by Fund 133, IT Services Delivery	81728
Fund. Upon receipt of the certification, the Director of Budget	81729
and Management shall transfer cash from Fund 133, IT Services	81730
Delivery Fund, to Fund 210, State Printing Fund. This amount is	81731
hereby appropriated.	81732

Section 515.09. TRANSFER OF MAIL AND FULFILLMENT SERVICES	81733
FROM THE DEPARTMENT OF JOB AND FAMILY SERVICES	81734

Effective July 1, 2007, or the earliest date thereafter	81735
agreed to by the Director of Job and Family Services and the	81736
Director of Administrative Services, the Department of Job and	81737
Family Services mail and fulfillment office, currently located on	81738
Integrity Drive in Columbus shall become part of the Department of	81739
Administrative Services. The functions, assets, and liabilities,	81740
including, but not limited to, records, regardless of form or	81741
medium, leases, and contracts, of the mail and fulfillment office	81742
is transferred to the Department of Administrative Services. The	81743
Department of Administrative Services is thereupon and thereafter	81744
successor to, assumes the obligations of, and otherwise	81745
constitutes the continuation of the mail and fulfillment office.	81746
The functions of the mail and fulfillment office are thereupon and	81747
thereafter transferred to the Department of Administrative	81748
Services.	81749

Any business commenced but not completed by the mail and	81750
fulfillment office by the date of transfer shall be completed by	81751
the Department of Administrative Services, in the same manner, and	81752
with the same effect, as if completed by the mail and fulfillment	81753
office. No validation, cure, right, privilege, remedy, obligation,	81754
or liability is lost or impaired by reason of the transfer and	81755
shall be administered by the Department of Administrative	81756
Services. All of the mail and fulfillment office's rules, orders,	81757
and determinations continue in effect as rules, orders, and	81758
determinations of the Department of Administrative Services, until	81759
modified or rescinded by the Department of Administrative	81760
Services. If necessary to ensure the integrity of the	81761
Administrative Code rule numbering system, the Director of the	81762
Legislative Service Commission shall renumber the mail and	81763
fulfillment office's rules to reflect their transfer to the	81764
Department of Administrative Services.	81765

Employees of the Department of Job and Family Services	81766
designated as staff in the mail and fulfillment office shall be	81767
transferred to the Department of Administrative Services. Subject	81768
to the layoff provisions of sections 124.321 to 124.328 of the	81769
Revised Code, and to provisions of the contract between the state	81770
and all bargaining units affected, the employees transferred to	81771
the Department of Administrative Services retain their positions	81772
and all benefits accruing thereto.	81773

No judicial or administrative action or proceeding to which	81774
the mail and fulfillment office is a party that is pending on July	81775
1, 2007, or such later date as may be established by the Director	81776
of Job and Family Services and the Director of Administrative	81777
Services, is affected by the transfer of functions. The action or	81778
proceeding shall be prosecuted or defended in the name of the	81779
Director of Administrative Services. On application to the court	81780
or agency, the Director of Administrative Services shall be	81781
substituted for the Director of Job and Family Services as a party	81782
to the action or proceeding.	81783

On and after July 1, 2007, notwithstanding any provision of	81784
law to the contrary, the Director of Budget and Management shall	81785
take the actions with respect to budget changes made necessary by	81786
the transfer, including administrative reorganization, program	81787
transfers, the creation of new funds, and the consolidation of	81788
funds as authorized by this section. The Director of Budget and	81789
Management may cancel encumbrances and re-establish encumbrances	81790
or parts of encumbrances as needed in fiscal year 2008 in the	81791
appropriate fund and appropriation item for the same purpose and	81792
for payment to the same vendor. The Director of Budget and	81793
Management, as determined necessary, may re-establish encumbrances	81794
in fiscal year 2008 in a different fund or appropriation item in	81795
an agency or between agencies. The re-established encumbrances are	81796
hereby appropriated. The Director of Budget and Management shall	81797
reduce each year's appropriation balances by the amount of the	81798
encumbrance canceled in their respective funds and appropriation	81799
items.	81800

The Director of Job and Family Services and the Director of	81801
Administrative Services shall enter into an interagency agreement	81802
establishing terms and timetables for the implementation of this	81803
section. The interagency agreement shall include provisions for	81804
credits to the Department of Job and Family Services for prepaid	81805
postage, agreements for the credit, transfer, or reimbursement of	81806
funds to the Department of Job and Family Services to comply with	81807
terms and conditions applicable to federal funds expended by the	81808
department for the purchase, maintenance, and operation of	81809
equipment, agreements for ongoing operations in compliance with	81810
federal requirements applicable to Department of Job and Family	81811
Services programs that utilize the mail and fulfillment services,	81812
transfer of or sharing of lease agreements, and any other	81813
agreements that the Director of Job and Family Services and the	81814
Director of Administrative Services determine to be necessary for	81815
the successful implementation of this section.	81816

Not later than sixty days after the transfer of the mail and	81817
fulfillment office to the Department of Administrative Services,	81818
the Director of Job and Family Services shall certify to the	81819
Director of Budget and Management the amount of any unexpended	81820
balance of appropriations made to the department to support the	81821
office. Upon receipt of the certification, the Director of Budget	81822
and Management shall transfer the appropriations and cash to Fund	81823
210, State Printing Fund.	81824

Section 518.01. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT	81825
AGREEMENT FUND TO THE GENERAL REVENUE FUND	81826

Notwithstanding any law to the contrary, on July 1, 2007, or	81827
as soon as possible thereafter, and before any other transfers	81828
from the Tobacco Master Settlement Agreement Fund (Fund 087) are	81829
made, the Director of Budget and Management shall transfer	81830
$9,984,248 to the General Revenue Fund from the Tobacco Master	81831
Settlement Agreement Fund (Fund 087).	81832

Section 518.02. EXCESS TOBACCO SECURITIZATION PROCEEDS

81833

Any proceeds from securitization of the Tobacco Master	81834
Settlement Agreement, after all expenses of the securitization	81835
have been accounted for, in excess of $5,000,000,000 shall be	81836
deposited in the School Building Program Assistance Fund (Fund	81837
032) established in section 3318.25 of the Revised Code.	81838

Section 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO	81839
SECURITIZATION	81840

(A) Notwithstanding any other provision of law to the	81841
contrary, the Director of Budget and Management, periodically on	81842
any date following the issuance of the tobacco obligations	81843
authorized in section 183.51 of the Revised Code and through June	81844
30, 2009, shall:	81845

(1) Determine the amount of appropriation items 235-909,	81846
Higher Education General Obligation Debt Service, and 230-908,	81847
Common Schools General Obligation Debt Service, that are in excess	81848
of the amounts needed to pay all debt service and financing costs	81849
on those obligations payable from each of those items and transfer	81850
all or any portion of that excess appropriation to appropriation	81851
item 200-901, Property Tax Allocation-Education, or 110-901,	81852
Property Tax Allocation-Taxation, or both together as needed for	81853
the purposes of making the state's property tax relief payments to	81854
school districts and counties.	81855

(2) Determine the amount by which interest earnings credited	81856
to Fund 034, Higher Education Improvement Fund, and Fund 032,	81857
School Building Program Assistance Fund, from the investment of	81858
the net proceeds of those tobacco obligations exceed the amount	81859
needed to satisfy appropriations from those funds, transfer all or	81860
part of that excess cash balance to the General Revenue Fund, and	81861
increase appropriation item 200-901, Property Tax	81862
Allocation-Education, or 110-901, Property Tax	81863
Allocation-Taxation, or both together, by up to the amount of cash	81864
so transferred to the General Revenue Fund.	81865

(3) Determine the amount of capital appropriations in	81866
CAP-770, School Building Assistance Program, and transfers of cash	81867
to Fund 5E3, School Facilities Commission, that are necessary to	81868
fully expend the amount of net proceeds deposited into Fund 032,	81869
School Building Program Assistance Fund, from the issuance of	81870
those tobacco obligations, and increase the appropriations for	81871
CAP-770 and appropriation item 230-644, Operating Expenses-School	81872
Facilities Commission, by the necessary amounts.	81873

(4) Determine the amount of additional capital	81874
appropriations, if any necessary to fully expend the amount of net	81875
proceeds deposited from the issuance of those tobacco obligations	81876
into Fund 034, Higher Education Improvement Fund.	81877

(5) Reduce by up to $800,000,000 the amount of authorization	81878
to issue and sell general obligations to pay the costs of capital	81879
facilities for a system of common schools throughout the state	81880
granted to the Ohio Public Facilities Commission by prior acts of	81881
the General Assembly. This reduction reflects the utilization of	81882
the net proceeds of those tobacco obligations in place of general	81883
obligation bond proceeds to support capital appropriations payable	81884
from Fund 032, School Building Assistance Fund.	81885

(6) Reduce by up to $950,000,000 the amount of authorization	81886
to issue and sell general obligations to pay the costs of capital	81887
facilities for state-supported and state-assisted institutions of	81888
higher education granted to the Ohio Public Facilities Commission	81889
by prior acts of the General Assembly. This reduction reflects the	81890
utilization of the net proceeds of those tobacco obligations in	81891
place of general obligation bond proceeds to support capital	81892
appropriations payable from Fund 034, Higher Education Improvement	81893
Fund.	81894

(B) Before the Office of Budget and Management transfers or	81895
increases or decreases any appropriations or authorizations	81896
described in division (A) of this section, the Office of Budget	81897
and Management shall seek Controlling Board approval.	81898

Section 518.06. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

81899

Certain appropriations are in this act for the purpose of	81900
paying debt service and financing costs on general obligation	81901
bonds or notes of the state issued pursuant to the Ohio	81902
Constitution and acts of the General Assembly. If it is determined	81903
that additional appropriations are necessary for this purpose,	81904
such amounts are hereby appropriated.	81905

Section 518.09. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER	81906
OF STATE	81907

Certain appropriations are in this act for the purpose of	81908
making lease rental payments pursuant to leases and agreements	81909
relating to bonds or notes issued by the Ohio Building Authority	81910
or the Treasurer of State or, previously, by the Ohio Public	81911
Facilities Commission, pursuant to the Ohio Constitution and acts	81912
of the General Assembly. If it is determined that additional	81913
appropriations are necessary for this purpose, such amounts are	81914
hereby appropriated.	81915

Section 518.12. AUTHORIZATION FOR TREASURER OF STATE AND OBM	81916
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	81917

The Office of Budget and Management shall initiate and	81918
process disbursements from general obligation and lease rental	81919
payment appropriation items during the period from July 1, 2007,	81920
to June 30, 2009, relating to bonds or notes issued under Sections	81921
2i, 2k, 2l, 2m, 2n, 2o, 2p and 15 of Article VIII, Ohio	81922
Constitution, and Chapters 151. and 154. of the Revised Code.	81923
Disbursements shall be made upon certification by the Treasurer of	81924
State, Office of the Sinking Fund, of the dates and the amounts	81925
due on those dates.	81926

Section 521.03. STATE AND LOCAL REBATE AUTHORIZATION

81927

There is hereby appropriated, from those funds designated by	81928
or pursuant to the applicable proceedings authorizing the issuance	81929
of state obligations, amounts computed at the time to represent	81930
the portion of investment income to be rebated or amounts in lieu	81931
of or in addition to any rebate amount to be paid to the federal	81932
government in order to maintain the exclusion from gross income	81933
for federal income tax purposes of interest on those state	81934
obligations under section 148(f) of the Internal Revenue Code.	81935

Rebate payments shall be approved and vouchered by the Office	81936
of Budget and Management.	81937

Section 521.06. STATEWIDE INDIRECT COST RECOVERY

81938

Whenever the Director of Budget and Management determines	81939
that an appropriation made to a state agency from a fund of the	81940
state is insufficient to provide for the recovery of statewide	81941
indirect costs under section 126.12 of the Revised Code, the	81942
amount required for such purpose is hereby appropriated from the	81943
available receipts of such fund.	81944

Section 521.07. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	81945
INDIRECT COST ALLOCATION PLAN	81946

The total transfers made from the General Revenue Fund by the	81947
Director of Budget and Management under this section shall not	81948
exceed the amounts transferred into the General Revenue Fund under	81949
division (B) of section 126.12 of the Revised Code.	81950

The director of an agency may certify to the Director of	81951
Budget and Management the amount of expenses not allowed to be	81952
included in the Statewide Indirect Cost Allocation Plan under	81953
federal regulations, from any fund included in the Statewide	81954
Indirect Cost Allocation Plan, prepared as required by section	81955
126.12 of the Revised Code.	81956

Upon determining that no alternative source of funding is	81957
available to pay for such expenses, the Director of Budget and	81958
Management may transfer from the General Revenue Fund into the	81959
fund for which the certification is made, up to the amount of the	81960
certification. The director of the agency receiving such funds	81961
shall include, as part of the next budget submission prepared	81962
under section 126.02 of the Revised Code, a request for funding	81963
for such activities from an alternative source such that further	81964
federal disallowances would not be required.	81965

Section 521.09. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

81966

Notwithstanding any provision of law to the contrary, on or	81967
before the first day of September of each fiscal year, the	81968
Director of Budget and Management, in order to reduce the payment	81969
of adjustments to the federal government, as determined by the	81970
plan prepared under division (A) of section 126.12 of the Revised	81971
Code, may designate such funds as the director considers necessary	81972
to retain their own interest earnings.	81973

Section 521.12. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

81974

Pursuant to the plan for compliance with the Federal Cash	81975
Management Improvement Act required by section 131.36 of the	81976
Revised Code, the Director of Budget and Management may cancel and	81977
re-establish all or part of encumbrances in like amounts within	81978
the funds identified by the plan. The amounts necessary to	81979
re-establish all or part of encumbrances are hereby appropriated.	81980

Section 603.01. That Section 4 of Sub. H.B. 2 of the 127th	81981
General Assembly be amended to read as follows:	81982

Sec. 4. Not later than ~~September 28, 2007~~March 31, 2008, the	81983
Chancellor of the Ohio Board of Regents shall report to the	81984
General Assembly, in accordance with division (B) of section	81985
101.68 of the Revised Code, and to the Governor, recommendations	81986
to accomplish the following:	81987

(A) Make college more affordable and accessible for all	81988
Ohioans;	81989

(B) Encourage Ohio graduates to remain in Ohio after earning	81990
their degrees;	81991

(C) Maximize higher education as a driver of the state's	81992
economy.	81993

The report also shall include a plan as to how to	81994
appropriately utilize the Board of Regents to enhance higher	81995
education in Ohio.	81996

Section 603.02. That existing Section 4 of Sub. H.B. 2 of the	81997
127th General Assembly is hereby repealed.	81998

Section 603.03. That Section 203.10 of Am. Sub. H.B. 67 of	81999
the 127th General Assembly be amended to read as follows:	82000

Sec. 203.10. DOT DEPARTMENT OF TRANSPORTATION

82001

FUND

TITLE

FY 2008

FY 2009

82002

Transportation Planning and Research	82003

Highway Operating Fund Group	82004

002	771-411	Planning and Research - State	$	20,724,547	$	21,733,301	82005
002	771-412	Planning and Research - Federal	$	29,996,363	$	30,264,923	82006
TOTAL HOF Highway Operating							82007
Fund Group			$	50,720,910	$	51,998,224	82008
TOTAL ALL BUDGET FUND GROUPS -							82009
Transportation Planning							82010
and Research			$	50,720,910	$	51,998,224	82011

Highway Construction	82012

Highway Operating Fund Group	82013

002	772-421	Highway Construction - State	$	528,722,188	$	504,184,419	82014
002	772-422	Highway Construction - Federal	$	1,103,979,148	$	1,086,733,759	82015
002	772-424	Highway Construction - Other	$	106,439,000	$	100,379,155	82016
002	772-437	GARVEE Debt Service - State	$	10,321,300	$	19,273,500	82017
002	772-438	GARVEE Debt Service - Federal	$	113,915,900	$	139,015,000	82018
212	772-426	Highway Infrastructure Bank - Federal	$	4,303,173	$	4,018,649	82019
212	772-427	Highway Infrastructure Bank - State	$	8,268,315	$	10,209,272	82020
212	772-429	Highway Infrastructure Bank - Local	$	11,000,000	$	11,499,999	82021
212	772-430	Infrastructure Debt Reserve Title 23-49	$	1,500,000	$	1,500,000	82022
213	772-431	Roadway Infrastructure Bank - State	$	1,000,000	$	1,000,000	82023
213	772-432	Roadway Infrastructure Bank - Local	$	6,000,000	$	6,000,000	82024
213	772-433	Infrastructure Debt Reserve - State	$	2,000,000	$	2,000,000	82025
TOTAL HOF Highway Operating							82026
Fund Group			$	1,897,449,024	$	1,885,813,753	82027

Highway Capital Improvement Fund Group	82028

042	772-723		Highway Construction - Bonds		$	200,000,000		$	100,000,000		82029
TOTAL 042 Highway Capital Improvement Fund Group					$	200,000,000		$	100,000,000		82030

Infrastructure Bank Obligations Fund Group	82031

045	772-428	Highway Infrastructure Bank - Bonds	$	450,000,000	$	400,000,000	82032
TOTAL 045 Infrastructure Bank							82033
Obligations Fund Group			$	450,000,000	$	400,000,000	82034
TOTAL ALL BUDGET FUND GROUPS -							82035
Highway Construction			$	2,547,449,024	$	2,385,813,753	82036

Highway Maintenance	82037

Highway Operating Fund Group	82038

002	773-431	Highway Maintenance - State	$	403,252,901		$	417,915,187	82039
TOTAL HOF Highway Operating								82040
Fund Group			$	403,252,901		$	417,915,187	82041
					82042

TOTAL ALL BUDGET FUND GROUPS -											82043
Highway Maintenance					$	403,252,901		$	417,915,187		82044

Public Transportation	82045

Highway Operating Fund Group	82046

002	775-452	Public Transportation - Federal	$	25,471,589	$	30,391,763	82047
002	775-454	Public Transportation - Other	$	1,500,000	$	1,500,000	82048
002	775-459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	82049
212	775-408	Transit Infrastructure Bank - Local	$	2,500,000	$	812,685	82050
212	775-455	Title 49 Infrastructure Bank - State	$	476,485	$	312,795	82051
213	775-457	Transit Infrastructure Bank - State	$	500,000	$	312,082	82052
213	775-460	Transit Infrastructure Bank - Local	$	1,000,000	$	1,000,000	82053
TOTAL HOF Highway Operating							82054
Fund Group			$	36,178,074	$	39,059,325	82055
TOTAL ALL BUDGET FUND GROUPS -							82056
Public Transportation			$	36,178,074	$	39,059,325	82057

Rail Transportation	82058

Federal Special Revenue Group	82059

3B9	776-662		Rail Transportation - Federal		$	10,000		$	10,000		82060
TOTAL FED Federal Special Revenue Fund Group					$	10,000		$	10,000		82061

Highway Operating Fund Group	82062

002	776-462	Grade Crossings - Federal	$	15,000,000	$	15,000,000	82063
TOTAL HOF Highway Operating							82064
Fund Group			$	15,000,000	$	15,000,000	82065

State Special Revenue Fund Group	82066

4N4	776-663	Panhandle Lease Reserve Payments	$	762,500	$	763,700	82067
4N4	776-664	Rail Transportation - Other	$	2,111,500	$	2,111,500	82068
TOTAL SSR State Special Revenue Fund Group			$	2,874,000	$	2,875,200	82069

TOTAL ALL BUDGET FUND GROUPS -											82070
Rail Transportation					$	17,884,000		$	17,885,200		82071

Aviation	82072

State Special Revenue Fund Group	82073

5W9	777-615		County Airport Maintenance		$	570,000		$	570,000		82074
TOTAL SSR State Special Revenue Fund Group					$	570,000		$	570,000		82075

Highway Operating Fund Group	82076

002	777-472	Airport Improvements - Federal	$	405,000	$	405,000	82077
002	777-475	Aviation Administration	$	5,210,000	$	5,358,100	82078
213	777-477	Aviation Infrastructure Bank - State	$	2,000,000	$	3,500,000	82079
213	777-478	Aviation Infrastructure Bank - Local	$	5,996,118	$	6,000,000	82080
TOTAL HOF Highway Operating							82081
Fund Group			$	13,611,118	$	15,263,100	82082
TOTAL ALL BUDGET FUND GROUPS -							82083
Aviation			$	14,181,118	$	15,833,100	82084

Administration	82085

Highway Operating Fund Group	82086

002	779-491	Administration - State	$	120,262,864	$	122,601,493	82087
TOTAL HOF Highway Operating							82088
Fund Group			$	120,262,864	$	122,601,493	82089
TOTAL ALL BUDGET FUND GROUPS -							82090
Administration			$	120,262,864	$	122,601,493	82091

Debt Service	82092

Highway Operating Fund Group	82093

002	770-003	Administration - State - Debt Service	$	10,555,300	$	3,614,700	82094
TOTAL HOF Highway Operating							82095
Fund Group			$	10,555,300	$	3,614,700	82096
TOTAL ALL BUDGET FUND GROUPS -							82097
Debt Service			$	10,555,300	$	3,614,700	82098

TOTAL Department of Transportation	82099

TOTAL FED Federal Special Revenue Fund Group	$	10,000	$	10,000	82100
TOTAL HOF Highway Operating					82101
Fund Group	$	2,547,030,191	$	2,551,265,782	82102
TOTAL 042 Highway Capital					82103
Improvement Fund Group	$	200,000,000	$	100,000,000	82104
TOTAL 045 Infrastructure Bank					82105
Obligations Fund Group	$	450,000,000	$	400,000,000	82106
TOTAL SSR State Special Revenue Fund Group	$	3,444,000	$	3,445,200	82107
TOTAL ALL BUDGET FUND GROUPS	$	3,200,484,191	$	3,054,720,982	82108

DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

82109

Pursuant to section 121.51 of the Revised Code, the Director	82110
of Budget and Management, in conjunction with the Inspector	82111
General, shall prepare a schedule to transfer the necessary	82112
amounts from the Highway Operating Fund to the Deputy Inspector	82113
General for ODOT Fund to pay for the activities of the Deputy	82114
Inspector General. The amounts transferred are hereby	82115
appropriated.	82116

Section 603.04. That existing Section 203.10 of Am. Sub.	82117
H.B. 67 of the 127th General Assembly is hereby repealed.	82118

* Section 603.05. That Sections 203.50, 209.10, 227.10,	82119
555.08, and 557.10 of Am. Sub. H.B. 67 of the 127th General	82120
Assembly be amended to read as follows:	82121

Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

82122

Of the foregoing appropriation item 772-421, Highway	82123
Construction - State, $5,000,000 shall be used in each fiscal year	82124
during the fiscal year 2008-2009 biennium by the Department of	82125
Transportation for the construction, reconstruction, or	82126
maintenance of public access roads, including support features, to	82127
and within state facilities owned or operated by the Department of	82128
Natural Resources.	82129

Notwithstanding section 5511.06 of the Revised Code, of the	82130
foregoing appropriation item 772-421, Highway Construction -	82131
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	82132
biennium shall be used by the Department of Transportation for the	82133
construction, reconstruction, or maintenance of park drives or	82134
park roads within the boundaries of metropolitan parks.	82135

Included in the foregoing appropriation item 772-421, Highway	82136
Construction - State, the department may perform related road work	82137
on behalf of the Ohio Expositions Commission at the state	82138
fairgrounds, including reconstruction or maintenance of public	82139
access roads and support features, to and within fairground	82140
facilities as requested by the commission and approved by the	82141
Director of Transportation.	82142

PUBLIC SCHOOL ENTRANCE IMPROVEMENTS

82143

Of the foregoing appropriation item 779-491,	82144
Administration-State, $4,000,000 in fiscal year 2008, shall be	82145
used by the Department of Transportation to make grants available	82146
for state highway improvements at public school entrances under	82147
the following conditions:	82148

(A) The school is receiving assistance from the Ohio School	82149
Facilities Commission for the renovation or construction of new	82150
school facilities.	82151

(B) The state highway improvements are to be made at	82152
entrances within school zones.	82153

Grant awards shall be limited to $500,000 per school	82154
district, and are contingent on local government officials or the	82155
participating school district, or both, matching 25 per cent of	82156
the improvement cost.	82157

LIQUIDATION OF UNFORESEEN LIABILITIES

82158

Any appropriation made to the Department of Transportation,	82159
Highway Operating Fund, not otherwise restricted by law, is	82160
available to liquidate unforeseen liabilities arising from	82161
contractual agreements of prior years when the prior year	82162
encumbrance is insufficient.	82163

Sec. 209.10. ENFORCEMENT

82164

State Highway Safety Fund Group	82165

036	764-033	Minor Capital Projects	$	1,250,000	$	1,250,000	82166
036	764-321	Operating Expense - Highway Patrol	$	253,967,276	$	267,539,597	82167
036	764-605	Motor Carrier Enforcement Expenses	$	3,061,817	$	3,340,468	82168
83C	764-630	Contraband, Forfeiture, Other	$	622,894	$	622,894	82169
83F	764-657	Law Enforcement Automated Data System	$	7,945,555	$	8,275,898	82170
83G	764-633	OMVI Enforcement/Education	$	650,000	$	650,000	82171
83J	764-693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	82172
83T	764-694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	82173
831	764-610	Patrol - Federal	$	2,455,484	$	2,455,484	82174
831	764-659	Transportation Enforcement - Federal	$	5,665,690	$	6,132,592	82175
831	769-631	Homeland Security - Federal	$	1,500,000	$	1,552,500	82176
837	764-602	Turnpike Policing	$	10,893,146	$	11,553,959	82177
838	764-606	Patrol Reimbursement	$	175,000	$	175,000	82178
840	764-607	State Fair Security	$	1,396,283	$	1,396,283	82179
840	764-617	Security and Investigations	$	6,231,916	$	6,155,385	82180
840	764-626	State Fairgrounds Police Force	$	788,375	$	788,375	82181
840	769-632	Homeland Security - Operating	$	1,913,276	$	1,989,807	82182
841	764-603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	82183
TOTAL HSF State Highway Safety							82184
Fund Group			$	301,977,111	$	317,338,641	82185

General Services Fund Group	82186

4S2	764-660	MARCS Maintenance	$	335,862		$	389,149		82187
TOTAL GSF General Services									82188
Fund Group				$	335,862		$	389,149		82189

TOTAL ALL BUDGET FUND GROUPS -											82190
Enforcement					$	302,312,973		$	317,727,790		82191

COLLECTIVE BARGAINING INCREASES

82192

Notwithstanding division (D) of section 127.14 and division	82193
(B) of section 131.35 of the Revised Code, except for the General	82194
Revenue Fund, the Controlling Board may, upon the request of	82195
either the Director of Budget and Management, or the Department of	82196
Public Safety with the approval of the Director of Budget and	82197
Management, increase appropriations for any fund, as necessary for	82198
the Department of Public Safety, to assist in paying the costs of	82199
increases in employee compensation that have occurred pursuant to	82200
collective bargaining agreements under Chapter 4117. of the	82201
Revised Code and, for exempt employees, under section 124.152 of	82202
the Revised Code.	82203

TRAFFIC SAFETY OPERATING FUND

82204

On July 1, 2007, or as soon thereafter as possible, the	82205
Director of Budget and Management shall transfer the cash balance	82206
in the Traffic Safety Operating Fund (Fund 5AY) to the Highway	82207
Safety Fund (Fund 036). The Director of Budget and Management	82208
shall cancel any existing encumbrances against appropriation item	82209
764-688, Traffic Safety Operating, and re-establish them against	82210
appropriation item 764-321, Operating Expense – Highway Patrol.	82211
The amounts of the re-established encumbrances are hereby	82212
appropriated. Upon completion of these transfers, the Traffic	82213
Safety Operating Fund (Fund 5AY) is hereby abolished.	82214

CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND

82215

Effective July 1, 2007, the Treasurer of State, prior to	82216
making any of the distributions listed in sections 5735.23,	82217
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	82218
at least the first $1,250,000 and up to $1,600,000 received each	82219
month to the credit of the State Highway Safety Fund (Fund 036)	82220
pursuant to a schedule determined by the Director of Budget and	82221
Management.	82222

Sec. 227.10. DEV DEPARTMENT OF DEVELOPMENT

82223

State Special Revenue Fund Group	82224

4W0	195-629	Roadwork Development	$	18,699,900	$	18,699,900	82225
TOTAL SSR State Special Revenue							82226
Fund Group			$	18,699,900	$	18,699,900	82227
TOTAL ALL BUDGET FUND GROUPS			$	18,699,900	$	18,699,900	82228

ROADWORK DEVELOPMENT FUND

82229

The Roadwork Development Fund shall be used for road	82230
improvements associated with economic development opportunities	82231
that will retain or attract businesses for Ohio. "Road	82232
improvements" are improvements to public roadway facilities	82233
located on, or serving or capable of serving, a project site.	82234

The Department of Transportation, under the direction of the	82235
Department of Development, shall provide these funds in accordance	82236
with all guidelines and requirements established for Department of	82237
Development appropriation item 195-412, Business Development,	82238
including Controlling Board review and approval as well as the	82239
requirements for usage of gas tax revenue prescribed in Section 5a	82240
of Article XII, Ohio Constitution. Should the Department of	82241
Development require the assistance of the Department of	82242
Transportation to bring a project to completion, the Department of	82243
Transportation shall use its authority under Title LV of the	82244
Revised Code to provide such assistance and enter into contracts	82245
on behalf of the Department of Development. In addition, these	82246
funds may be used in conjunction with appropriation item 195-412,	82247
Business Development, or any other state funds appropriated for	82248
infrastructure improvements.	82249

The Director of Budget and Management, pursuant to a plan	82250
submitted by the Department of Development or as otherwise	82251
determined by the Director of Budget and Management, shall set a	82252
cash transfer schedule to meet the cash needs of the Department of	82253
Development's Roadwork Development Fund (Fund 4W0), less any other	82254
available cash. The Director shall transfer to the Roadwork	82255
Development Fund from the Highway Operating Fund (Fund 002),	82256
established in section 5735.291 of the Revised Code, such amounts	82257
at such times as determined by the transfer schedule.	82258

Of the foregoing appropriation item 195-629, Roadwork	82259
Development, $1,000,000 over the fiscal year 2008-2009 biennium	82260
shall be used for improvements to the State Route 33 Avery	82261
Muirfield Interchange.	82262

TRANSPORTATION IMPROVEMENT DISTRICTS

82263

Notwithstanding section 5540.151 of the Revised Code, of the	82264
foregoing appropriation item 195-629, Roadwork Development,	82265
$250,000 in each fiscal year of the biennium shall be granted by	82266
the Director of Development to each of the transportation	82267
improvement districts of Butler, Clermont, Hamilton, Lorain,	82268
Medina, Montgomery, Muskingum, and Stark counties and to the	82269
Rossford Transportation Improvement District in Wood County. Any	82270
grant made under this paragraph is not subject to the restrictions	82271
of appropriation item 195-629, Roadwork Development.	82272

Sec. 555.08. The Department of Transportation shall construct	82273
the major new construction projects selected by the Transportation	82274
Review Advisory Council on December 20, 2006, as Tier I projects	82275
for construction in fiscal years 2007 through 2013 and shall not	82276
undertake other major new construction projects until construction	82277
of such selected Tier I projects has commenced in accordance with	82278
the December 20, 2006, recommendations. However, nothing in this	82279
section shall require the Department of Transportation to	82280
undertake the major new Tier I construction projects selected by	82281
the Transportation Review Advisory Council on December 20, 2006,	82282
ahead of projects selected as Tier I projects prior to that date;	82283
the Department may continue with such previously selected Tier I	82284
projects in accordance with the prior recommendations. The	82285
Transportation Review Advisory Council may recommend additional	82286
major new projects in accordance with the policies promulgated by	82287
the Council, but new Tier I projects shall not be given priority	82288
over Tier I projects recommended on December 20, 2006.	82289

Sec. 557.10. ~~(A)~~ Notwithstanding Chapter 5735. of the	82290
Revised Code, the following shall apply for the period of July 1,	82291
2007, through June 30, 2009:	82292

(A)(1) For the discount under section 5735.06 of the Revised	82293
Code, if the monthly report is timely filed and the tax is timely	82294
paid, 1.0 ~~per cent~~% of the total number of gallons of motor fuel	82295
received by the motor fuel dealer within the state during the	82296
preceding calendar month, less the total number of gallons	82297
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	82298
the Revised Code, less 0.50 ~~per cent~~% of the total number of	82299
gallons of motor fuel that were sold to a retail dealer during the	82300
preceding calendar month.	82301

(2) For the semiannual periods ending December 31, 2007, June	82302
30, 2008, December 31, 2008, and June 30, 2009, the refund	82303
provided to retail dealers under section 5735.141 of the Revised	82304
Code shall be 0.50 ~~per cent~~% of the Ohio motor fuel taxes paid on	82305
fuel purchased during those semiannual periods.	82306

(B) ~~Each retail~~If the monthly report is timely filed and the	82307
tax is timely paid, each motor fuel dealer is allowed a ~~vendor~~tax	82308
collection and administration discount equal to 0.90% of the motor	82309
fuel ~~taxes paid on motor fuel purchased~~received by the ~~retail~~	82310
motor fuel dealer ~~during each of the semiannual periods occurring~~	82311
~~during the biennium beginning July 1, 2007, and ending June 30,~~	82312
~~2009. The vendor discount shall be refunded to the retail dealer~~	82313
~~upon application by the dealer to the Tax Commissioner within 120~~	82314
~~days after the end of each such semiannual period in the manner~~	82315
~~prescribed by the Tax Commissioner~~on which the dealer remits the	82316
motor fuel tax. The discount shall be taken by the motor fuel	82317
dealer on the dealer's monthly motor fuel tax report. The ~~vendor~~	82318
discount is in addition to any other discount or refund allowed	82319
the motor fuel dealer under division (A) of this section. The	82320
~~vendor~~ discount shall be paid in the same manner and from the same	82321
fund as prescribed in section 5735.141 of the Revised Code. As	82322
used in this section, "motor fuel" and ~~"retail~~"motor fuel dealer"	82323
have the same meanings as in section 5735.01 of the Revised Code.	82324

* Section 603.06. That existing Sections 203.50, 209.10,	82325
227.10, 555.08, and 557.10 of Am. Sub. H.B. 67 of the 127th	82326
General Assembly are hereby repealed.	82327

Section 605.05. That Section 252.70 of Am. Sub. H.B. 530 of	82328
the 126th General Assembly be amended to read as follows:	82329

Reappropriations

Sec. 252.70. OSU OHIO STATE UNIVERSITY

82330

CAP-074	Basic Renovations	$	19,255,664	82331
CAP-149	Basic Renovations - Regional Campuses	$	2,083,163	82332
CAP-198	Brown Hall Annex Replacement	$	6,213	82333
CAP-254	Basic Renovations - ATI	$	127,444	82334
CAP-255	Supplemental Renovations - OARDC	$	2,826,343	82335
CAP-256	Supplemental Renovations - Regional	$	191,955	82336
CAP-258	Dreese Lab Addition	$	12,340	82337
CAP-261	Bioscience/Parks Hall Addition	$	12,584	82338
CAP-269	Greenhouse Modernization	$	40,982	82339
CAP-271	Horticulture/Entomology Greenhouse - OARDC	$	15,344	82340
CAP-292	Life Sciences Research Building	$	202,898	82341
CAP-302	Food Science & Technology Building	$	89,990	82342
CAP-306	Heart & Lung Institute	$	32,437	82343
CAP-311	Superconducting Radiation	$	65,094	82344
CAP-313	Brain Tumor Research Center	$	6,001	82345
CAP-314	Engineering Center Net Shape Manufacturing	$	20,730	82346
CAP-315	Membrane Protein Typology	$	8,835	82347
CAP-316	Instructional and Data Processing Equipment	$	198,844	82348
CAP-321	Fine Particle Technologies	$	157,936	82349
CAP-323	Advanced Plasma Engineering	$	22,379	82350
CAP-324	Plasma Ramparts	$	1,150	82351
CAP-326	IN-SITU AL-BE Composites	$	1,733	82352
CAP-335	Jay Cooke Residence - Roof and Windows	$	86,668	82353
CAP-347	Asbestos Abatement	$	5,325	82354
CAP-349	Materials Network	$	91,983	82355
CAP-350	Bio-Technology Consortium	$	42,378	82356
CAP-352	Analytical Electron Microscope	$	375,000	82357
CAP-353	High Temp Alloys & Alluminoids	$	220,000	82358
CAP-357	Supplemental Renovations - ATI	$	33,969	82359
CAP-361	Maintenance, Receiving, and Storage Facility - Marion	$	58,646	82360
CAP-362	McPherson Lab Rehabilitation	$	10,278	82361
CAP-368	Heart and Lung Institute	$	101,808	82362
CAP-374	ADA Modifications	$	178,870	82363
CAP-375	ADA Modifications - ATI	$	41,936	82364
CAP-376	ADA Modifications - Lima	$	95,538	82365
CAP-377	ADA Modifications - Mansfield	$	15,253	82366
CAP-387	Titanium Alloys	$	54,912	82367
CAP-394	ATI/OARDC Roof Replacements	$	13,913	82368
CAP-398	Advanced Manufacturing	$	38,579	82369
CAP-399	Manufacturing Processes/Materials	$	62,574	82370
CAP-401	Terhertz Studies	$	35,294	82371
CAP-406	Marion Park/Road/Sidewalk/Lights	$	2,750	82372
CAP-413	Pomerene Lighting/Wiring	$	249,584	82373
CAP-419	NMR Consortium	$	75,116	82374
CAP-420	Versatile Film Facility	$	62,872	82375
CAP-421	OCARNET	$	5,916	82376
CAP-422	Bioprocessing Research	$	1,905	82377
CAP-423	Localized Corrosion Research	$	6,128	82378
CAP-424	ATM Testbed	$	3,633	82379
CAP-425	Physical Sciences Building	$	27,748	82380
CAP-427	Morrill Hall Remodeling - Vacated Library Space - Marion	$	1,347,191	82381
CAP-431	Sisson Hall Replacement	$	5,571	82382
CAP-436	Machinery Acoustics	$	3,804	82383
CAP-439	Sensors and Measurements	$	15,115	82384
CAP-440	Polymer Magnets	$	1,099	82385
CAP-458	A1 Alloy Corrosion	$	14,292	82386
CAP-484	Page Hall Planning	$	7,210	82387
CAP-485	Botany & Zoology Building Planning	$	207,932	82388
CAP-486	Larkins Hall Addition/Renovation Planning	$	26,206	82389
CAP-487	Robinson Laboratory Planning	$	149,100	82390
CAP-488	Don Scott Field Replacement Barns	$	1,495,619	82391
CAP-489	Galvin Hall 3rd Floor Renovation - Lima	$	22,135	82392
CAP-491	Horticultural Operations Center - ATI	$	1,474,400	82393
CAP-492	OARDC Feed Mill	$	5,598,644	82394
CAP-499	Biological Sciences Cooling Tower	$	6,930	82395
CAP-509	Mount Hall HVAC Modifications	$	40,982	82396
CAP-519	Ohio Biomedical Consortium on Medical Therapeutic Micro Devices	$	49,275	82397
CAP-520	Plant and Microbe Functional Genomics Facilities	$	16,259	82398
CAP-523	Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials	$	193,886	82399
CAP-524	Bone & Mineral Metabolism Research Lab	$	5,845	82400
CAP-531	Animal & Plant Biology Level 3	$	8,133,780	82401
CAP-534	Main Library Rehabilitation	$	9,320,846	82402
CAP-535	Psychology Building	$	2,128,529	82403
CAP-536	Thorne Hall and Gowley Hall Renovations - Phase 3	$	199,799	82404
CAP-539	Nanosecond Infrared Measurement	$	2,588	82405
CAP-550	Millimeter/Submillimeter Instrument	$	5,919	82406
CAP-552	X-Ray Powder Diffractometer	$	558	82407
CAP-554	Deconvolution Microscope	$	1,101	82408
CAP-556	Heart/Lung Institute Animal Facility	$	13,140	82409
CAP-564	Denney Hall Renovation - Phase I	$	18,495	82410
CAP-565	Ion Mass Spectrometry	$	6,594	82411
CAP-568	Role of Molecular Interfaces	$	17,554	82412
CAP-572	New Millimeter Spectrometer	$	714	82413
CAP-574	Noncredit Job Training - Marion	$	2,933	82414
CAP-576	1224 Kinnear Road - Bale	$	11,722	82415
CAP-577	Non-Silicon Micromachining	$	73,991	82416
CAP-579	Veterinary Hospital Auditorium Renovation	$	7,736	82417
CAP-586	Electroscience Lab Renovation	$	5,853	82418
CAP-587	OARDC Boiler Replacement	$	622,757	82419
CAP-590	Supercomputer Center Expansion	$	6,804,275	82420
CAP-596	Information Literacy	$	135,574	82421
CAP-597	Online Business Major	$	5,768	82422
CAP-599	Renovation of Graves Hall	$	68,196	82423
CAP-602	OARDC Wooster Phone System Replacement	$	467,398	82424
CAP-605	Utility - North Tunnel Steamline Upgrade	$	111,981	82425
CAP-608	Dual Beam Characterization	$	150,000	82426
CAP-616	Environmental Technology Consortium	$	11,297	82427
CAP-617	Campbell, University, and Evans Hall	$	87,439	82428
CAP-620	School of Music - Planning	$	1,500	82429
CAP-622	Western Branch Headquarters & Machinery Building	$	779,525	82430
CAP-624	Muck Crops Branch/Shop Building Replacement	$	756,336	82431
CAP-625	Hazardous Waste Handling/Storage Building	$	1,103,062	82432
CAP-626	Agriculture/Engineering Building Renovation & Addition	$	200,000	82433
CAP-628	Wood County Center for Agriculture	$	1,000,000	82434
CAP-629	Community Heritage Art Gallery - Lima	$	100,000	82435
CAP-631	Health Psychology	$	250,000	82436
CAP-632	Nanotechnology Molecular Assembly	$	500,000	82437
CAP-633	Networking and Communication	$	500,000	82438
CAP-634	Planetary Gear	$	125,000	82439
CAP-635	X-Ray Fluorenscence Spectrometer	$	2,283	82440
CAP-636	Precision Navigation	$	85,000	82441
CAP-637	Welding & Metal Working	$	200,000	82442
CAP-638	Spin Driven Electronics	$	6,436	82443
CAP-639	Inductively Coupled Plasma Etching	$	126,729	82444
CAP-641	Accelerated Metals	$	1,020,331	82445
CAP-642	Mathematical Biosciences Institute	$	54,863	82446
CAP-646	Mershon Auditorium HVAC System Improvements	$	2,098	82447
CAP-647	Molecular Microdevices	$	14,033	82448
CAP-648	Research Center HVAC System Improvements	$	17,088	82449
CAP-649	Infrared Absorption Measurements	$	2,899	82450
CAP-650	Dark Fiber	$	3,983,440	82451
CAP-651	Shared Data Backup System	$	20,922	82452
CAP-653	Third Frontier Network Testbed	$	280,564	82453
CAP-654	Distributed Learning Workshop	$	270,000	82454
CAP-656	Accelerated Maturation of Materials	$	209,702	82455
CAP-657	Nanoscale Polymers Manufacturing	$	629,699	82456
CAP-658	Hydrogen Production and Storage	$	32,396	82457
CAP-659	Ohio Organic Semiconductor	$	367,587	82458
CAP-663	Comprehensive Cancer - Chiller Replacement	$	42,687	82459
CAP-664	Kottman Hall - 103 Central Classroom	$	19,285	82460
CAP-668	West Campus Chilled Water & Scott Hall	$	16,139	82461
CAP-669	McCracken Power Plant Spill Control	$	268,508	82462
CAP-670	Glacial Assessment	$	22,764	82463
CAP-672	Chemical Vapor Deposition	$	13,500	82464
CAP-674	Parks Hall Chiller Replacement	$	135,360	82465
CAP-675	Hybrid Electric Vehicle Modeling	$	504,536	82466
CAP-676	Computational Nanotechnology	$	500,000	82467
CAP-677	Townshend Hall - Roof Replacement	$	328,772	82468
CAP-678	Center For Materials Design	$	1,037	82469
CAP-681	Vet Hospital Roof Replacement Phase II	$	85,645	82470
CAP-682	Hopkins Hall Phase II Priorities I, II	$	108,052	82471
CAP-683	Bioscience 6th Floor Renovation - Priority	$	983,186	82472
CAP-684	Ohio Commons For Digital Education	$	118,924	82473
CAP-685	Postle Hall Fire Alarm Replacement	$	116,441	82474
CAP-686	NonCredit Job Education & Training	$	21,104	82475
CAP-687	Campus South Dorms Renovation/Improvements	$	950,000	82476
CAP-688	Bricker Hall Roof Replacement	$	23,123	82477
CAP-694	Neuroscience Center Core	$	193,991	82478
CAP-696	Campus Grounds-Exterior Lighting - Phase VIII	$	33,814	82479
CAP-697	930 Kinnear Road Renovations	$	773,303	82480
CAP-698	Waterman Lab & Don Scott Field	$	652,752	82481
CAP-699	Lincoln Tower Renovations - Phase 1	$	477,626	82482
CAP-700	Coe Corrosion Coop	$	58,750	82483
CAP-701	OSU Cancer Program Expansion	$	2,000,000	82484
CAP-702	Smith Laboratory Rehabilitation	$	2,800,000	82485
CAP-704	Warner Library and Student Center	$	1,789,324	82486
CAP-705	Hopewell Hall Science Suite	$	508,408	82487
CAP-706	Atomic Force Microscopy	$	180,000	82488
CAP-707	Interactive Applications	$	463,018	82489
CAP-712	OSU Mansfield - Third Street Project	$	234,000	82490
CAP-714	Health Psychology	$	150,000	82491
CAP-716	Ohio Bioproducts Innovation Center	$	9,689,847	82492
CAP-717	Center for Materials Design	$	602,615	82493
CAP-718	Specialized Planetary Gears	$	150,000	82494
CAP-719	OSU Agricultural Building	$	1,500,000	82495
CAP-720	Automated Afm System	$	180,000	82496
CAP-721	Integrated Wireless Communication	$	141,000	82497
Total Ohio State University		$	105,955,671	82498

BASIC RENOVATIONS

82499

The amount reappropriated for the foregoing appropriation	82500
item CAP-074, Basic Renovations, is the sum of the unencumbered	82501
and unallotted balance as of June 30, 2006, in appropriation item	82502
CAP-074, Basic Renovations, plus $6,927.	82503

OARDC THORNE & GOURLEY HALL

82504

The amount reappropriated for the foregoing appropriation	82505
item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007.	82506

WOOD COUNTY CENTER FOR AGRICULTURE

82507

Of the foregoing appropriation item CAP-628, Wood County	82508
Center for Agriculture, up to $300,000 shall be used for building	82509
renovations to the OSU Extension Office/Ag Business Enhancement	82510
Center.	82511

The remainder of appropriation item CAP-628, Wood County	82512
Center for Agriculture, shall be used for an alternative energy	82513
generation project at the East Gypsy Lane Complex in Wood County	82514
or an agricultural energy facility recommended by the Wood County	82515
commissioners.	82516

Section 605.06. That existing Section 252.70 of Am. Sub. H.B.	82517
530 of the 126th General Assembly is hereby repealed.	82518

Section 605.17. That Sections 227.10, 235.10.50, and	82519
235.50.80 of Am. Sub. H.B. 699 of the 126th General Assembly be	82520
amended to read as follows:	82521

Sec. 227.10. All items set forth in this section are hereby	82522
appropriated out of any moneys in the state treasury to the credit	82523
of the Cultural and Sports Facilities Building Fund (Fund 030),	82524
that are not otherwise appropriated.	82525

Appropriations

AFC CULTURAL FACILITIES COMMISSION	82526

CAP-734	Hayes Center Renov & Repairs	$	300,000	82527
CAP-745	Renovations and Repairs	$	850,000	82528
CAP-763	Historic Site Signage	$	250,000	82529
CAP-770	Serpent Mound Improvements	$	340,000	82530
CAP-781	Information Technology Project	$	364,000	82531
CAP-784	Center Rehabilitation	$	1,035,000	82532
CAP-803	Digitization of Collections	$	300,000	82533
CAP-809	Exhibit Replace/Orientation	$	415,000	82534
CAP-910	Collections Facility Planning	$	1,240,000	82535
CAP-911	W.P. Snyder Restoration	$	876,000	82536
CAP-912	Lockington Locks Restoration	$	172,000	82537

CAP-913	Huntington Park	$	7,000,000	82538
CAP-914	Schuster Center for the Performing Arts	$	5,500,000	82539
CAP-916	Cincinnati Symphony Orchestra - Riverbend	$	3,000,000	82540
CAP-917	Marina District Amphitheatre	$	2,900,000	82541
CAP-918	Cincinnati Museum Center	$	2,000,000	82542
CAP-919	National Underground Railroad Freedom Center	$	2,000,000	82543
CAP-920	Cincinnati Sports Facility Improvements	$	2,000,000	82544
CAP-921	Pro Football Hall of Fame	$	1,650,000	82545
CAP-922	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,300,000	82546
CAP-923	Western Reserve Historical Society	$	1,000,000	82547
CAP-925	COSI Columbus	$	1,000,000	82548
CAP-926	Columbus Museum of Art	$	1,000,000	82549
CAP-927	Mason ATP Tennis Center	$	1,300,000	82550
CAP-928	Stan Hywet Hall and Gardens	$	1,175,000	82551
CAP-929	Akron Art Museum	$	1,000,000	82552
CAP-930	Sauder Village	$	830,000	82553
CAP-931	Horvitz Center for the Arts	$	750,000	82554
CAP-932	Ensemble Theatre	$	750,000	82555
CAP-933	Voice of America Museum	$	750,000	82556
CAP-934	Cleveland Steamship Mather	$	600,000	82557
CAP-935	Cuyahoga County Soldiers' and Sailors Monument	$	500,000	82558
CAP-936	King-Lincoln Arts & Entertainment District	$	500,000	82559
CAP-937	Art Academy of Cincinnati	$	500,000	82560
CAP-938	Great Lakes Historical Society	$	500,000	82561
CAP-939	McKinley Museum	$	425,000	82562
CAP-940	Charles A. Eulett Education Center and Appalachian Museum	$	300,000	82563
CAP-942	Davis Shai Historical Facility	$	300,000	82564
CAP-943	Massillon Museum	$	275,000	82565
CAP-944	The Mandel Center	$	250,000	82566
CAP-945	Worthington Arts Center	$	250,000	82567
CAP-946	CCAD	$	250,000	82568
CAP-947	BalletMet	$	250,000	82569
CAP-948	Stambaugh Hall Improvements	$	250,000	82570
CAP-949	Youngstown Symphony Orchestra	$	250,000	82571
CAP-950	Wood County Historical Center & Museum	$	220,000	82572
CAP-951	Harding Memorial	$	210,000	82573
CAP-952	Cincinnati Ballet	$	200,000	82574
CAP-953	City of Avon Stadium Complex	$	200,000	82575
CAP-954	Renaissance Performing Arts Center	$	200,000	82576
CAP-956	Oxford Arts Center Historic Renovation	$	174,000	82577
CAP-957	Wayne County Historical Society - Lincoln Highway	$	170,000	82578
CAP-958	Maumee Valley Historical Society	$	150,000	82579
CAP-959	Trumbull County Historical Society	$	150,000	82580
CAP-960	First Lunar Flight Project	$	25,000	82581
CAP-961	Holmes County Historical Society Improvements	$	140,000	82582
CAP-962	Canal Winchester Historical Society	$	125,000	82583
CAP-963	Ukrainian Museum	$	100,000	82584
CAP-964	Gordon Square Arts District	$	100,000	82585
CAP-965	Moreland Theatre Renovation	$	100,000	82586
CAP-966	Karamu House	$	100,000	82587
CAP-967	Symmes Township Historical Society - Ross House	$	100,000	82588
CAP-968	Springfield Veterans Park Amphitheatre	$	100,000	82589
CAP-969	Gallia County Historical Genealogical Society	$	100,000	82590
CAP-970	Gallia County French Art Colony	$	100,000	82591
CAP-971	The Octagon House	$	100,000	82592
CAP-972	Vinton County Stages - Pavilion Project	$	100,000	82593
CAP-973	County Line Historical Society (Wayne/Holmes)	$	100,000	82594
CAP-974	Paul Brown Museum	$	75,000	82595
CAP-975	The Works - Ohio Center for History, Art and Technology	$	75,000	82596
CAP-976	Van Wert Historical Society	$	70,000	82597
CAP-977	Indian Mill Renovations	$	66,000	82598
CAP-978	Hale Farm & Village	$	50,000	82599
CAP-979	Howe House Historic Site	$	50,000	82600
CAP-980	Beavercreek Community Theatre	$	50,000	82601
CAP-981	Jamestown Opera House	$	50,000	82602
CAP-982	Johnny Appleseed Museum	$	50,000	82603
CAP-983	Vinton County Historical Society - Alice's House Project	$	50,000	82604
CAP-984	Woodward Opera House	$	50,000	82605
CAP-985	Little Brown Jug Facility Improvements	$	50,000	82606
CAP-986	Applecreek Historical Society	$	50,000	82607
CAP-987	Wyandot Historic Building Renovation	$	50,000	82608
CAP-988	Galion Historic Big Four Depot Restoration	$	30,000	82609
CAP-989	Bucyrus Historic Depot Renovations	$	30,000	82610
CAP-990	Myers Historical Stagecoach Inn Renovation	$	25,000	82611
CAP-991	Arts West Performing Arts Center	$	25,000	82612
CAP-992	Chester Academy Historic Building	$	25,000	82613
CAP-993	Portland Civil War Museum and Historic Displays	$	25,000	82614
CAP-994	Morgan County Historic Opera House	$	25,000	82615
CAP-996	Crawford Antique Museum	$	9,000	82616
CAP-997	Monroe City Historical Society Building Repairs	$	5,000	82617
CAP-998	Wright-Dunbar Historical	$	250,000	82618
~~CAP-041~~	~~Cleveland Playhouse~~	$	~~200,000~~	82619
CAP-081	Hip Klotz Memorial Facility Improvements	$	150,000	82620
CAP-082	Music Hall Garage	$	1,000,000	82621
CAP-083	AB Graham Center	$	40,000	82622
CAP-084	Bradford Ohio Railroad Museum Restoration	$	30,000	82623
CAP-085	WACO Aircraft Museum	$	30,000	82624
CAP-086	Fort Recovery Renovations	$	100,000	82625
CAP-087	Columbus Children's Hospital Amphitheater	$	1,000,000	82626
Total Cultural Facilities Commission		$	~~55,296,000~~ 55,096,000	82627
TOTAL Cultural and Sports Facilities Building Fund		$	~~55,296,000~~ 55,096,000	82628

Sec. 235.10.50. THIRD FRONTIER WRIGHT CAPITAL

82630

Notwithstanding sections 151.01 and 151.04 of the Revised	82631
Code, of the foregoing appropriation item CAP-068, Third Frontier	82632
Wright Capital, up to $11,400,000 in fiscal year 2008 shall be	82633
used by the Office of Information Technology, in partnership with	82634
the Ohio Supercomputer Center's OSCnet, to acquire the equipment	82635
and services necessary to migrate state agencies' network to the	82636
existing OSCnet network backbone. This state network shall be	82637
known as the NextGen Network.	82638

The remainder of foregoing appropriation item CAP-068, Third	82639
Frontier Wright Capital, shall be used to acquire, renovate, or	82640
construct facilities and purchase equipment for research programs,	82641
technology development, product development, and commercialization	82642
programs at or involving state-supported and state-assisted	82643
institutions of higher education. The funds shall be used to make	82644
grants awarded on a competitive basis, and shall be administered	82645
by the Third Frontier Commission. Expenditure of these funds shall	82646
comply with Section 2n of Article VIII, Ohio Constitution, and	82647
sections 151.01 and 151.04 of the Revised Code for the period	82648
beginning July 1, 2006, and ending June 30, 2008.	82649

The Third Frontier Commission shall develop guidelines	82650
relative to the application for and selection of projects funded	82651
from appropriation item CAP-068, Third Frontier Wright Capital.	82652
The Commission may develop these guidelines in consultation with	82653
other interested parties. The Board of Regents and all	82654
state-assisted and state-supported institutions of higher	82655
education shall take all actions necessary to implement grants	82656
awarded by the Third Frontier Commission.	82657

The foregoing appropriation item CAP-068, Third Frontier	82658
Wright Capital, for which an appropriation is made from the Higher	82659
Education Improvement Fund (Fund 034), is determined to consist of	82660
capital improvements and capital facilities for state-supported	82661
and state-assisted institutions of higher education, and is	82662
designated for the capital facilities to which proceeds of	82663
obligations in the Higher Education Improvement Fund (Fund 034)	82664
are to be applied.	82665

Appropriations

Sec. 235.50.80. STC STARK TECHNICAL COLLEGE

82666

CAP-004	Basic Renovations	$	277,804	82667
CAP-039	Health & Science Building	$	5,097,338	82668
Total Stark Technical College		$	5,375,142	82669
Total Board of Regents and				82670
Institutions of Higher Education		$	~~578,636,534~~ 578,836,534	82671
TOTAL Higher Education Improvement Fund		$	~~579,946,534~~ 580,146,534	82672

Section 605.18. That existing Sections 227.10, 235.10.50, and	82674
235.50.80 of Am. Sub. H.B. 699 of the 126th General Assembly are	82675
hereby repealed.	82676

Section 605.20. That Section 235.20.20 of Am. Sub. H.B. 699	82677
of the 126th General Assembly, as subsequently amended by Am. Sub.	82678
H.B. 67 of the 127th General Assembly, be amended to read as	82679
follows:	82680

Appropriations

Sec. 235.20.20. CLS CLEVELAND STATE UNIVERSITY

82681

CAP-023	Basic Renovations	$	3,796,031	82682
CAP-125	College of Education	$	10,115,719	82683
CAP-148	Cleveland Institute of Art	$	1,000,000	82684
CAP-155	Cleveland Playhouse	$	200,000	82685
CAP-163	Anthropology Department Renovations/Relocation	$	400,000	82686
CAP-164	Chester Building Annex Demolition	$	921,583	82687
CAP-165	Bakers Building Renovations	$	1,328,583	82688
CAP-167	Cleveland State University Windtower Generator Project	$	400,000	82689
CAP-168	Kenston Wind Turbine Project in Geauga (CSU Engineering Department)	$	300,000	82690
Total Cleveland State University		$	~~18,261,916~~ 18,461,916	82691

Section 605.21. That existing Section 235.20.20 of Am. Sub.	82693
H.B. 699 of the 126th General Assembly, as subsequently amended by	82694
Am. Sub. H.B. 67 of the 127th General Assembly, is hereby	82695
repealed.	82696

Section 605.23. That Section 203.20 of Sub. S.B. 321 of the	82697
126th General Assembly be amended to read as follows:	82698

Sec. 203.20. AGO ATTORNEY GENERAL

82699

Tobacco Master Settlement Agreement Fund Group	82700

J87	055-635	Law Enforcement Technology, Training, and Facility Enhancements	$	620,000		$	0 3,350,000	82701
U87	055-402	Tobacco Settlement Oversight, Administration, and Enforcement	$	673,797		$	723,797	82702
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,293,797		$	~~723,797~~ 4,073,797	82703
TOTAL ALL BUDGET FUND GROUPS			$	1,293,797		$	~~723,797~~	82704
			4,073,797		82705

Section 605.24. That existing Section 203.20 of Sub S.B. 321	82707
of the 126th General Assembly is hereby repealed.	82708

Section 621.05. That Section 153 of Am. Sub. H.B. 117 of the	82709
121st General Assembly, as most recently amended by Am. Sub. H.B.	82710
66 of the 126th General Assembly, be amended to read as follows:	82711

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	82712
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	82713
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	82714
repealed, effective October 16, ~~2007~~2009.	82715

(B) Any money remaining in the Legislative Budget Services	82716
Fund on October 16, ~~2007~~2009, the date that section 5112.19 of	82717
the Revised Code is repealed by division (A) of this section,	82718
shall be used solely for the purposes stated in then former	82719
section 5112.19 of the Revised Code. When all money in the	82720
Legislative Budget Services Fund has been spent after then former	82721
section 5112.19 of the Revised Code is repealed under division (A)	82722
of this section, the fund shall cease to exist.	82723

Section 621.06. That existing Section 153 of Am. Sub. H.B.	82724
117 of the 121st General Assembly, as most recently amended by Am.	82725
Sub. H.B. 66 of the 126th General Assembly, is hereby repealed.	82726

Section 631.04. That Section 3 of Am. Sub. H.B. 694 of the	82727
126th General Assembly is hereby repealed.	82728

Section 631.05. The amendments to sections 3517.13 and	82729
3517.992 of the Revised Code by Am. Sub. H.B. 694 of the 126th	82730
General Assembly shall apply only to contributions made on or	82731
after April 4, 2007.	82732

Section 631.06. The provisions of sections 631.04 and 631.05	82733
of this act clarify the General Assembly's original intent in	82734
enacting Am. Sub. H.B. 694 of the 126th General Assembly, are	82735
remedial in nature, and apply to contracts awarded on or after the	82736
effective date of that act.	82737

Section 701.10. Not later than thirty days after the	82738
effective date of this section, the Director of Development shall	82739
convene a task force composed of experts from the economic	82740
development community, local governments, and consultants involved	82741
in the site selection and negotiation process to study the	82742
economic development incentives that are available to local	82743
governments, regional groups, and the state. Not later than	82744
January 1, 2008, the Director shall submit a written report to the	82745
Speaker of the House of Representatives and the President of the	82746
Senate on the findings of the task force and make recommendations	82747
for changes to Ohio's local, regional, and state economic	82748
development incentives so that those incentives are more effective	82749
in strengthening Ohio's economy and are less complex, faster to	82750
implement, and more transparent to the taxpayers of Ohio.	82751

Section 703.10. The Governor's Office of Faith-Based and	82752
Community Initiatives, with the assistance of the Advisory Board	82753
of the Governor's Office of Faith-Based and Community Initiatives,	82754
shall conduct a study of the feasibility and advisability of the	82755
Office becoming a private nonprofit entity rather than a part of	82756
the Governor's office. The study and any resulting recommendations	82757
shall be submitted, not later than July 1, 2008, to the Governor,	82758
the Speaker of the House of Representatives, the President of the	82759
Senate, and the Minority Leaders of the House of Representatives	82760
and the Senate.	82761

Section 706.03. (A) As used in this section, "appointing	82762
authority" has the same meaning as in section 124.01 of the	82763
Revised Code, and "exempt employee" has the same meaning as in	82764
section 124.152 of the Revised Code.	82765

(B) Notwithstanding section 124.181 of the Revised Code, both	82766
of the following apply:	82767

(1) In cases where no vacancy exists, an appointing authority	82768
may, with the written consent of an exempt employee, assign duties	82769
of a higher classification to that exempt employee for a period of	82770
time not to exceed two years, and that exempt employee shall	82771
receive compensation at a rate commensurate with the duties of the	82772
higher classification.	82773

(2) If necessary, exempt employees who are assigned to duties	82774
within their agency to maintain operations during the Ohio	82775
Administrative Knowledge System (OAKS) implementation may agree to	82776
a temporary assignment that exceeds the two-year limit.	82777

Section 735.10. (A) Nothing in division (L)(1)(c) of	82778
section 3517.13 of the Revised Code, as enacted by this act, shall	82779
exempt the holder of the public office with ultimate	82780
responsibility for the award of the contract from complying with	82781
section 3517.093 of the Revised Code prior to the Secretary of	82782
State adopting rules under division (L)(1)(c) of section 3517.13	82783
of the Revised Code.	82784

As used in division (A) of this section, "holder of the	82785
public office with ultimate responsibility for the award of the	82786
contract" has the same meaning as in section 3517.093 of the	82787
Revised Code.	82788

(B) Nothing in division (L)(1)(c) of section 3517.13 of the	82789
Revised Code, as enacted by this act, shall exempt a state agency	82790
or department, a political subdivision, the Administrator of	82791
Workers' Compensation, or the employees of the Bureau of Workers'	82792
Compensation from complying with divisions (I), (J), (Y), and (Z)	82793
of that section, as applicable, prior to the Secretary of State	82794
adopting rules under division (L)(1)(c) of that section.	82795

Section 737.10. Notwithstanding any provision of law to the	82796
contrary, on January 1, 2008, the terms of office of the members	82797
of the Sewage Treatment System Technical Advisory Committee	82798
created in section 3718.03 of the Revised Code whose terms expire	82799
in 2008 and in 2009 shall terminate. The appointing authorities	82800
specified in divisions (A)(1), (2), and (3) of that section as	82801
amended by this act, the Governor, the President of the Senate,	82802
and the Speaker of the House of Representatives, shall appoint new	82803
members to the Committee in accordance with that section to	82804
replace the members whose terms are terminated. However, members	82805
appointed to replace the members whose terms were to expire in	82806
2009 shall be appointed for a term of four years instead of three	82807
years as required by section 3718.03 of the Revised Code. Members	82808
whose terms expire on January 1, 2008, by the operation of this	82809
section may be reappointed by the Governor, President of the	82810
Senate, or Speaker of the House of Representatives in accordance	82811
with this section and section 3718.03 of the Revised Code.	82812

Section 737.11. (A) There is hereby created the Household	82813
Sewage and Small Flow On-Site Sewage Treatment System Study	82814
Commission consisting of the following members:	82815

(1) A representative of the Department of Health appointed by	82816
the Director of Health;	82817

(2) A representative of the Environmental Protection Agency	82818
appointed by the Director of Environmental Protection;	82819

(3) A representative of the Department of Natural Resources	82820
appointed by the Director of Natural Resources;	82821

(4) Five members appointed by the Association of Ohio Health	82822
Commissioners, one of whom shall be from the northwest region of	82823
the state, one of whom shall be from the northeast region of the	82824
state, one of whom shall be from the southwest region of the	82825
state, one of whom shall be from the southeast region of the	82826
state, and one of whom shall be from the central region of the	82827
state. In making the appointments, special consideration shall be	82828
given to a county in which at least twenty-five per cent of the	82829
parcels of land are serviced by sewage treatment systems.	82830

(5) One member appointed by the Association of Ohio	82831
Pedologists;	82832

(6) One member appointed by the County Commissioners	82833
Association of Ohio;	82834

(7) One member appointed by the County Engineers Association	82835
of Ohio;	82836

(8) One member appointed by the Ohio Association of Realtors;

82837

(9) One member appointed by the Ohio Environmental Council;

82838

(10) One member appointed by the Ohio Environmental Health	82839
Association;	82840

(11) One member appointed by the Ohio Home Builders	82841
Association;	82842

(12) One member appointed by the Ohio Manufactured Homes	82843
Association;	82844

(13) Two members appointed by the Ohio Onsite Wastewater	82845
Association;	82846

(14) One member appointed by the Ohio Precast Concrete	82847
Association;	82848

(15) One member appointed by the Ohio Public Health	82849
Association;	82850

(16) One member appointed by the Ohio State University	82851
Extension;	82852

(17) One member appointed by the Ohio Township Association;

82853

(18) One member appointed by the Ohio Waste Haulers	82854
Association;	82855

(19) Three members of the House of Representatives appointed	82856
by the Speaker of the House of Representatives, two from the	82857
majority party and one from the minority party;	82858

(20) Three members of the Senate appointed by the President	82859
of the Senate, two from the majority party and one from the	82860
minority party;	82861

(21) One member appointed by the Ohio Farm Bureau Federation;

82862

(22) One member appointed by the Ohio Farmers Union;

82863

(23) One member appointed by the Ohio Society of Professional	82864
Engineers.	82865

(B) All appointments shall be made to the Commission not	82866
later than thirty days after the effective date of this section.	82867
One member of the Senate and one member of the House of	82868
Representatives jointly designated by the President of the Senate	82869
and the Speaker of the House of Representatives shall serve as	82870
co-chairpersons of the Commission. The Commission shall hold its	82871
first meeting not later than sixty days after the effective date	82872
of this section and shall hold regular meetings as necessary after	82873
the initial meeting.	82874

(C) The Commission shall study issues concerning household	82875
sewage treatment systems and small flow on-site sewage treatment	82876
systems and shall recommend appropriate legislation to the General	82877
Assembly establishing reasonable standards for the siting, design,	82878
installation, operation, monitoring, maintenance, and abandonment	82879
of household sewage treatment systems and small flow on-site	82880
sewage treatment systems for the purpose of the treatment of	82881
sewage and the prevention of public health nuisances. In making	82882
recommendations regarding such standards, the Commission shall	82883
consider the economic impact of those standards on property	82884
owners, the state of technology currently utilized in household	82885
sewage treatment systems and small flow on-site sewage treatment	82886
systems, and the nature and economics of available alternatives	82887
to that technology. The Commission also shall explore and	82888
establish recommendations regarding funding sources for and	82889
mechanisms for providing assistance to homeowners for paying the	82890
cost of compliance with the new proposed standards.	82891

(D) Not later than December 1, 2008, the Commission shall	82892
submit a report of its findings and recommendations to the	82893
Governor, the President of the Senate, and the Speaker of the	82894
House of Representatives. Upon the submission of the report, the	82895
Commission shall cease to exist.	82896

(E) As used in this section and Section 737.12 of this act,	82897
"household sewage treatment system" and "small flow on-site sewage	82898
treatment system" have the same meanings as in section 3718.01 of	82899
the Revised Code.	82900

Section 737.12. (A) The Director of Health shall issue a	82901
report to the Household Sewage and Small Flow On-Site Sewage	82902
Treatment System Study Commission created in Section 737.11 of	82903
this act that includes recommendations regarding standards for the	82904
siting, design, installation, operation, monitoring, maintenance,	82905
and abandonment of household sewage treatment systems and small	82906
flow on-site sewage treatment systems. The recommendations shall	82907
include information concerning the cost and state of technology	82908
currently utilized in household sewage treatment systems and small	82909
flow on-site sewage treatment systems and the nature and economics	82910
of available alternatives to that technology. The Director shall	82911
issue the report to the Commission not later than January 1, 2008.	82912

(B) The Director shall conduct a survey of boards of health	82913
in this state concerning household sewage treatment system	82914
operations and the failure rates of those systems. The Director	82915
shall issue a report concerning the survey to the Household Sewage	82916
and Small Flow On-Site Sewage Treatment System Study Commission	82917
not later than June 1, 2008. Boards of health shall provide, in a	82918
timely manner, any and all relevant information pertaining to the	82919
household sewage treatment system program that is requested by the	82920
Director under this division and that the Director determines to	82921
be necessary for completion of the survey.	82922

Section 737.20. In enacting section 5.2235 of the Revised	82923
Code, the members of the General Assembly call on the people of	82924
this state to recognize the important role that a nutritious diet	82925
plays in their health and well-being. The members of the General	82926
Assembly are aware that according to the United States Department	82927
of Health and Human Services, dietary changes could reduce cancer	82928
deaths in the United States by as much as thirty-five per cent.	82929
Only twenty-five per cent of American adults eat the recommended	82930
servings of fruits and vegetables each day. More than sixty per	82931
cent of young Americans eat too much fat, and less than twenty per	82932
cent eat the recommended servings of fruits and vegetables. The	82933
members of the General Assembly thus encourage all the people of	82934
this state to review both the United States Department of Health	82935
and Human Services' "Dietary Guidelines for Americans" and the	82936
United States Department of Agriculture's food pyramid	82937
recommendations and to work toward developing a nutritious	82938
lifestyle.	82939

Section 737.21. In enacting section 5.2235 of the Revised	82940
Code, the members of the General Assembly also call on the people	82941
of this state to make daily exercise a priority. The members of	82942
the General Assembly are aware that according to the United States	82943
Center for Disease Control and Prevention, twenty-six per cent of	82944
all Ohioans report no leisure time or physical activity, and sixty	82945
per cent of Ohioans are overweight or obese, which is the	82946
thirteenth highest level in the United States. The members of the	82947
General Assembly thus encourage individuals, community	82948
organizations, local governments, and schools, when holding	82949
celebrations, to include physical and athletic activities and to	82950
work toward the goal of a state whose citizens are healthy,	82951
active, and physically fit.	82952

Section 737.30. The amendment to section 3745.04 of the	82953
Revised Code by this act applies to any action of the Director of	82954
Environmental Protection that is the subject of an appeal to the	82955
Environmental Review Appeals Commission that is already pending on	82956
the effective date of the amendment to that section by this act as	82957
well as to actions appealed after the effective date of that	82958
amendment.	82959

Section 739.10. Section 3905.36 of the Revised Code is	82960
amended by this act for the purpose of clarifying the intent of	82961
the 126th General Assembly when it amended division (B)(4) of	82962
section 3905.36 of the Revised Code. Notwithstanding any provision	82963
of section 3905.36 of the Revised Code to the contrary, all	82964
agencies and departments of the state or any political subdivision	82965
shall apply the legislative intent from this amendment as of	82966
January 1, 2007.	82967

Section 745.10. (A) The enactment of section 4517.261 of the	82968
Revised Code is intended as a clarification of existing law	82969
allowing documentary service charges to be assessed in all retail	82970
and wholesale sales and leases of motor vehicles, including those	82971
involving a retail installment sale and those not involving a	82972
retail installment sale, including leases, cash transactions, and	82973
transactions in which consumers obtain their own financing.	82974

(B) The enactment of section 4517.261 of the Revised Code	82975
expresses the legislative intent of the General Assembly currently	82976
and at the time of the original enactment of the Revised Code by	82977
recognizing that motor vehicle dealers may charge, and	82978
historically have charged, a documentary service charge in all	82979
transactions, including those involving a retail installment sale	82980
and those not involving a retail installment sale, including	82981
leases, cash transactions, and transactions in which consumers	82982
obtain their own financing.	82983

Section 747.10. (A) There is hereby created the Nursing	82984
Education Study Committee consisting of the following members:	82985

(1) Two members of the House of Representatives who are	82986
members of the same political party as the Speaker of the House of	82987
Representatives, to be appointed by the Speaker of the House of	82988
Representatives;	82989

(2) One member of the House of Representatives who is a	82990
member of the largest political party of which the Speaker of the	82991
House of Representatives is not a member, to be appointed by the	82992
Speaker of the House of Representatives;	82993

(3) Two members of the Senate who are members of the same	82994
political party as the President of the Senate, to be appointed by	82995
the President of the Senate, one of whom shall be designated as	82996
the temporary chairperson of the Committee;	82997

(4) One member of the Senate who is a member of the largest	82998
political party of which the President of the Senate is not a	82999
member, to be appointed by the President of the Senate;	83000

(5) One member of the Ohio Nurses Association, to be	83001
appointed by the Ohio Nurses Association;	83002

(6) One member of the Licensed Practical Nurse Association of	83003
Ohio, to be appointed by the Licensed Practical Nurse Association	83004
of Ohio;	83005

(7) One member of the Ohio Board of Nursing, to be appointed	83006
by the Ohio Board of Nursing;	83007

(8) One member of the Ohio Board of Regents, to be appointed	83008
by the Ohio Board of Regents;	83009

(9) One member of the Ohio Hospital Association, to be	83010
appointed by the Ohio Hospital Association;	83011

(10) One member of the Ohio Association of Community Health	83012
Agencies, to be appointed by the Ohio Association of Community	83013
Health Agencies;	83014

(11) One nursing educator from an associate degree nursing	83015
program, to be appointed by the Speaker of the House of	83016
Representatives;	83017

(12) One nursing educator from a baccalaureate degree nursing	83018
program, to be appointed by the Speaker of the House of	83019
Representatives;	83020

(13) One nursing educator from a graduate degree nursing	83021
program, to be appointed by the Speaker of the House of	83022
Representatives;	83023

(14) One nursing educator from a private university with a	83024
nursing education program, to be appointed by the President of the	83025
Senate;	83026

(15) One nursing educator from a state university with a	83027
nursing education program, to be appointed by the President of the	83028
Senate.	83029

(B) Appointments to the Committee shall be made not later	83030
than September 1, 2007. Members of the Committee shall serve	83031
without compensation.	83032

(C) The member of the Committee designated as the temporary	83033
chairperson shall call the initial meeting of the Committee. At	83034
that initial meeting, the Committee shall elect a chairperson, by	83035
majority vote, from among its members. Thereafter, the chairperson	83036
shall call meetings as the chairperson considers necessary for the	83037
Committee to carry out its duties.	83038

(D)(1) The Committee shall study the current nurse faculty	83039
shortage and the shortage of clinical placement sites for nursing	83040
education programs, with a focus on the critical needs of nursing	83041
faculty at Ohio's institutions of higher education and	83042
alternatives to clinical placement sites.	83043

(2) In conducting the study required under division (D)(1) of	83044
this section, the Committee shall consider, but is not limited to,	83045
all of the following:	83046

(a) Salary disparities for nursing faculty members as	83047
compared to faculty members in other disciplines and as compared	83048
to salaries for master's degree-prepared nurses in health care	83049
settings;	83050

(b) The feasibility and financial implications of providing a	83051
refundable state income tax credit to nursing faculty members for	83052
a specified limited period of time;	83053

(c) The feasibility and financial implications of providing	83054
assistantships at a stipend level to nurses pursuing master's	83055
degrees or doctoral study who agree to become nursing faculty	83056
members in Ohio;	83057

(d) The extent to which clinical simulation devices could be	83058
used to decrease the number of hours nursing students are required	83059
to spend providing care directly to patients in a clinical	83060
setting, including the portion of clinical hours that could be	83061
obtained in a clinical simulation laboratory;	83062

(e) The disparity in the number of clinical hours students	83063
are required to complete in Ohio nursing education programs;	83064

(f) The extent to which nursing education programs are	83065
adequately preparing nurses to provide care in community or public	83066
health settings, particularly to the geriatric population;	83067

(g) Ways in which nurses may be more effectively utilized to	83068
train or educate health care workers providing care in community	83069
or public health settings.	83070

(3) Not later than December 31, 2008, the Committee shall	83071
prepare and submit a report to the General Assembly that focuses	83072
on the following topics and also includes a recommendation for a	83073
range of clinical hours nursing students shall be required to	83074
complete to assure adequate practice experience:	83075

(a) Strategies to produce more nursing faculty;

83076

(b) Ways to address the issue of insufficient clinical	83077
placement opportunities.	83078

Upon submission of the report, the Committee shall cease to	83079
exist.	83080

(E) Sections 101.82 to 101.87 of the Revised Code do not	83081
apply to the Committee.	83082

Section 749.10. Consistent with divisions (A)(6) to (A)(8) of	83083
section 4927.02 of the Revised Code, the Public Utilities	83084
Commission shall establish a study mechanism to make	83085
recommendations for a competitively neutral telecommunications	83086
relay service funding program for costs incurred in calendar year	83087
2009 and thereafter and submit the recommendations to the General	83088
Assembly by January 1, 2009.	83089

Section 751.10. The Director of Job and Family Services and	83090
the Director of Development jointly shall prepare a plan to	83091
utilize the funds the state receives to administer the federal	83092
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,	83093
as amended, to train workers within this state and jointly shall	83094
submit that plan to the Governor, the President of the Senate, and	83095
the Speaker of the House of Representatives within one year after	83096
the effective date of this section.	83097

Section 751.20. The Department of Job and Family Services	83098
shall provide guidance to local workforce policy boards to	83099
encourage the broadest participation by training providers,	83100
including those providers who are proprietary schools, who	83101
demonstrate effectiveness in providing training opportunities to	83102
eligible Ohioans under the "Workforce Investment Act of 1998," 112	83103
Stat. 936, 29 U.S.C. 2801, as amended.	83104

Section 753.20. (A) The staff of the Legislative Service	83105
Commission shall study the feasibility and potential results of	83106
the state's offering incentives for local entities, including	83107
municipal corporations, counties, townships, local historical	83108
societies, and regional authorities, to assume control of state	83109
historical sites. The incentives to be studied shall include the	83110
establishment of tax credits, the contribution of capital dollars,	83111
and the creation of an endowment-matching program.	83112

The study shall focus on the cost and funding aspects of the	83113
incentives that are studied. In addition, the study shall attempt	83114
to determine the potential results of providing each incentive at	83115
varying levels.	83116

(B) Not later than six months after the effective date of	83117
this section, the staff of the Commission shall report its	83118
findings to the Commission.	83119

Section 753.30. (A) The Governor is hereby authorized to	83120
execute a deed in the name of the state conveying to the City of	83121
Columbus, and its successors and assigns, all of the state's	83122
right, title, and interest in real estate consisting of	83123
approximately 13 acres in Franklin Township of Franklin County,	83124
being part of or near the former Training Institution Central	83125
Ohio, together with any perpetual easements of access over certain	83126
existing or future driveways, the real estate being more	83127
particularly described as follows:	83128

Situated in the State of Ohio, County of Franklin, City of	83129
Columbus, Township 5 North, Range 23 West and in the Virginia	83130
Military District. Being a part of the State of Ohio original	83131
300-acre tract of record in Deed Book 101, page 390 of the	83132
Recorder's Records, Franklin County, Ohio, and being more	83133
particularly described as follows:	83134

Beginning, For Reference, at an iron pin with identification	83135
cap stamped "Patridge" found marking the intersection of the	83136
easterly line of the Wheatland Avenue 40-feet-wide Right-of-Way	83137
and the Northerly line of West Broad Street 80-feet-wide	83138
Right-of-Way;	83139

thence North 5°12'48" West 2612.22 feet, in said easterly line of	83140
Wheatland Avenue and vacated Wheatland Avenue, to a 5/8-inch	83141
reinforcing rod found;	83142

thence South 75°43'06" East 188.42 feet, to an iron pipe set	83143
marking the Place of Beginning of the tract herein described;	83144

thence North 5°02'11" West 384.70 feet, to an iron pipe set;	83145

thence North 67°03'42" East 118.78 feet, to an iron pipe set;	83146

thence North 74°42'07" East 230.99 feet, to an iron pipe set;	83147

thence North 79°39'53" East 191.19 feet, to a 5/8-inch reinforcing	83148
rod found marking the most easterly corner of the Gang of Four,	83149
Ltd. 5.254-acre tract of record in Instrument Number	83150
199902040029850 of said Recorder's Records, in a northerly line of	83151
said 300-acre tract and a Point of Tangency in the original	83152
southerly line of the Camp Chase Industrial Railroad Corporation	83153
Tract of record in Official Record 28363 F03 of said Recorder's	83154
Records;	83155

thence North 86°38'37" East 383.75 feet, in a southerly line of	83156
said Camp Chase Railroad tract and in a northerly line of said	83157
300-acre tract, to an iron pipe set;	83158

thence South 04°38'21" West 694.64 feet, to an iron pipe set;	83159

thence South 75°43'06" East 174.01 feet, to an iron pipe set;	83160

thence North 89°32'10" East 521.90 feet, to an iron pipe set;	83161

thence South 85°04'20" East 161.72 feet, to an iron pipe set;	83162

thence South 14°52'48" East 63.77 feet, to a spike set;	83163

thence North 85°04'20" West 180.51 feet, to an iron pipe set;	83164

thence South 89°32'10" West 526.84 feet, to an iron pipe set;	83165

thence North 75°43'06" West 1005.86 feet, to the Place of	83166
Beginning containing 12.997 acres, more or less.	83167

This description is based on a field survey in April and May of	83168
2007 by Gary L. Elswick, Professional Surveyor #6395. Iron pipes	83169
set are ¾-inch ID galvanized pipe with identification cap stamped	83170
"HOCKADEN". Bearings are assumed and for the determination of	83171
angles only.	83172

This description may be modified to a final form if	83173
modifications are needed.	83174

(B)(1) Consideration for the conveyance of the real estate is	83175
the purchase price of $194,955.00.	83176

(2) The State may also require additional consideration for	83177
any perpetual easement needed by the City of Columbus to access	83178
the real estate. The consideration shall be a price mutually	83179
agreed upon between the City of Columbus and the state.	83180

(C)(1) The conveyance of the real estate is subject to the	83181
following conditions and restrictions:	83182

(a) The City of Columbus and its successors and assigns shall	83183
receive written approval from the state to use or develop the real	83184
estate for any purpose other than a police heliport or uses or	83185
developments incident thereto.	83186

(b) The City of Columbus shall, prior to selling, conveying,	83187
or transferring ownership of the real estate, first offer the	83188
state the right to purchase the real estate at a price not less	83189
than fair market value as appraised by a disinterested party.	83190

(2) The conveyance may be subject to conditions and	83191
restrictions that have been determined necessary by the Director	83192
of Administrative Services to assure there is no interference with	83193
state uses on state-owned real estate that adjoins the real estate	83194
conveyed.	83195

(D) Upon payment of the purchase price, the Auditor of State,	83196
with the assistance of the Attorney General, shall prepare a deed	83197
to the real estate. The deed shall state the consideration and the	83198
conditions and restrictions. The deed shall be executed by the	83199
Governor in the name of the state, shall be countersigned by the	83200
Secretary of State, shall be sealed with the Great Seal of the	83201
State, shall be presented for recording in the Office of the	83202
Auditor of State, and shall be delivered to the City of Columbus.	83203
The City of Columbus shall present the deed for recording in the	83204
Office of the Franklin County Recorder.	83205

(E) The City of Columbus shall pay the costs of the	83206
conveyance.	83207

(F) This section expires one year after its effective date.

83208

Section 753.40. (A) The Governor is hereby authorized to	83209
execute a deed in the name of the state conveying to the City of	83210
Celina the state's right of reverter retained in the conveyance	83211
authorized in Am. H.B. 823 of the 112th General Assembly in the	83212
following described real estate:	83213

Being a parcel of land situated in the City of Celina,	83214
Jefferson Township, Mercer County, Ohio, and in the northwest	83215
quarter of Section 6, Township 6 South, Range 3 East, being more	83216
particularly described as follows:	83217

Commencing at an iron pin with cap set at the most southern	83218
point of lot number 6 of Dickman's Addition (Plat Book 2, Page 3)	83219
in the City of Celina;	83220

thence N 68°42'59" W, 20.00 feet along the south line of said	83221
Dickman's Addition to an iron pin with cap set as the Point of	83222
Beginning;	83223

thence S 57°41'29" W, 210.06 feet to an iron pin with cap	83224
set;	83225

thence N 46°02'00" W, 214.80 feet to an iron pin with cap	83226
set;	83227

thence S 73°50'04" E, 102.64 feet along the south line of	83228
said Dickman's Addition to an iron pin with cap set;	83229

thence N 75°48'13" E, 132.78 feet along the south line of	83230
said Dickman's Addition to an iron pin with cap set;	83231

thence S 68°42'59" E, 112.51 feet along the south line of	83232
said Dickman's Addition to the Point of Beginning, containing	83233
0.535 acres of land more or less, subject to all valid easements	83234
and right-of-way.	83235

All bearings were calculated from angles turned in an actual	83236
field survey by Kent B. Marbaugh, Registered Surveyor #7421, dated	83237
April 16, 2007, on file in the County Engineer's Office.	83238

The state retains its right of reverter for the remainder of	83239
the real estate conveyed pursuant to that act.	83240

(B) Consideration for conveyance of the right of reverter is	83241
the mutual benefit accruing to the state and to the City of Celina	83242
from the reconfiguration of the entrance to the city park located	83243
on the real estate conveyed in Am. H.B. 823 of the 112th General	83244
Assembly.	83245

(C) The Auditor of State, with the assistance of the Attorney	83246
General, shall prepare a deed to the real estate conveying the	83247
right of reverter. The deed shall state the consideration. The	83248
deed shall be executed by the Governor in the name of the state,	83249
countersigned by the Secretary of State, sealed with the great	83250
seal of the state, presented in the office of the Auditor of State	83251
for recording, and delivered to the City of Celina. The City of	83252
Celina shall present the deed for recording in the office of the	83253
Mercer County Recorder.	83254

(D) This section expires four years after its effective date.

83255

Section 753.50. (A) The Governor is hereby authorized to	83256
execute releases in the name of the state releasing to the Dairy	83257
Barn Southeastern Ohio's Cultural Arts Center, Inc., the state's	83258
reversionary interests retained in the conveyance authorized in	83259
Am. H.B. 552 of the 113th General Assembly, which is recorded at	83260
volume 364, page 558 in the office of the Athens County Recorder,	83261
and in the conveyance authorized in Am. H.B. 385 of the 116th	83262
General Assembly, which is recorded at Official Records volume 25,	83263
page 443 in the office of the Athens County Recorder. The release	83264
of the reversionary interests will remove impediments to financing	83265
of improvements to continue cultural arts programs.	83266

(B) The Department of Administrative Services, with the	83267
assistance of the Attorney General, shall prepare the releases of	83268
the reversionary interests contained in the conveyances described	83269
in division (A) of this section. The releases shall be executed by	83270
the Governor in the name of the state and presented in the office	83271
of the Auditor of State for recording. The Dairy Barn Southeastern	83272
Ohio's Cultural Arts Center, Inc., shall present the releases for	83273
recording in the office of the Athens County Recorder.	83274

83275

* Section 755.03. The Director of Transportation may conduct a	83276
twelve-month pilot project to be completed not later than June 30,	83277
2009, for energy price risk management by entering into a contract	83278
with a qualified provider of energy risk management services. The	83279
contract may include rate analysis, negotiation services, market	83280
and regulatory analysis, budget and financial analysis, and	83281
mitigation strategies for volatile energy sources, including	83282
natural gas, gasoline, oil, and diesel fuel, but shall not include	83283
energy procurement and shall not subject more than thirty per cent	83284
of the Department's annual energy needs to the risk management	83285
services. The Director shall select the energy risk management	83286
services provider through a qualifications-based selection	83287
process, subject to Controlling Board approval. The contract shall	83288
specify that the Department may share the analysis and services of	83289
the energy risk management services provider with all state	83290
agencies and operations. The Director may use revenues from the	83291
state motor vehicle fuel tax or other funds appropriated by the	83292
General Assembly for the pilot project to pay amounts due under	83293
the contract and shall deposit any amounts received under the	83294
contract into the Highway Operating Fund created under section	83295
5735.291 of the Revised Code.	83296

Section 757.01. Every two years during biennial budget	83297
deliberations, the Tax Commissioner shall review the percentage of	83298
the total price of electricity that is indicated under division	83299
(C)(2) of section 5727.81 of the Revised Code, as amended by this	83300
act. Such review shall include a consideration of the fluctuations	83301
in the price of electricity that have occurred in the most recent	83302
two fiscal years and other factors influencing the economy of the	83303
state.	83304

Section 757.03. (A) Beginning in July 2007 and ending in	83305
November 2007, on or before the seventh day of each month, the Tax	83306
Commissioner shall determine and certify to the Director of Budget	83307
and Management the amount to be credited from each tax source	83308
under divisions (B), (C), and (D) of this section to the Local	83309
Government Fund, the Library and Local Government Support Fund,	83310
and the Local Government Revenue Assistance Fund.	83311

(B) Notwithstanding sections 5727.45, 5727.84, 5733.12,	83312
5739.21, 5741.03, and 5747.03 of the Revised Code or any other	83313
provision of law to the contrary, for each month in the period	83314
beginning July 1, 2007, and ending November 30, 2007, tax revenues	83315
credited to the Local Government Fund, the Library and Local	83316
Government Support Fund, and the Local Government Revenue	83317
Assistance Fund under those sections shall instead be credited as	83318
follows:	83319

(1) An amount shall first be credited to the Local Government	83320
Fund as prescribed under division (C) of this section;	83321

(2) An amount shall next be credited to the Local Government	83322
Revenue Assistance Fund as prescribed under division (C) of this	83323
section;	83324

(3) An amount shall next be credited to the Library and Local	83325
Government Support Fund as prescribed under division (D) of this	83326
section.	83327

In December 2007, an amount totaling $1,000,000 shall be	83328
credited from amounts otherwise scheduled to be credited to the	83329
Local Government Fund to the Local Government Services	83330
Collaboration Grant Fund established under section 384.10 of this	83331
act.	83332

(C) Receipts from the corporation franchise, sales and use,	83333
public utility excise, kilowatt-hour, and personal income taxes	83334
shall be credited to the Local Government Fund and the Local	83335
Government Revenue Assistance Fund as follows:	83336

(1) In July 2007, the amount that was credited in July 2006;

83337

(2) In August 2007, the amount that was credited in August	83338
2006;	83339

(3) In September 2007, the amount that was credited in	83340
September 2006;	83341

(4) In October 2007, the amount that was credited in October	83342
2006;	83343

(5) In November 2007, the amount that was credited in	83344
November 2006.	83345

(D) Receipts from the personal income tax shall be credited	83346
to the Library and Local Government Support Fund as follows:	83347

(1) In July 2007, the amount that was credited in July 2006;

83348

(2) In August 2007, the amount that was credited in August	83349
2006;	83350

(3) In September 2007, the amount that was credited in	83351
September 2006;	83352

(4) In October 2007, the amount that was credited in October	83353
2006;	83354

(5) In November 2007, the amount that was credited in	83355
November 2006, except that the amount credited to the Local	83356
Government Fund from personal income tax revenue shall be reduced	83357
by an additional $1,000,000 and this reduction shall be borne	83358
entirely by the countywide nontownship and nonvillage distribution	83359
in January 2008.	83360

(E)(1) To the extent the amounts required to be credited to	83361
the Local Government Fund, the Library and Local Government	83362
Support Fund, and the Local Government Revenue Assistance Fund	83363
under divisions (C) and (D) of this section exceed the amounts	83364
that otherwise would have been credited to those funds under	83365
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03	83366
of the Revised Code, amounts required to be credited to the	83367
General Revenue Fund under those sections shall be reduced	83368
accordingly.	83369

(2) To the extent the amounts required to be credited to the	83370
Local Government Fund, the Library and Local Government Support	83371
Fund, and the Local Government Revenue Assistance Fund under	83372
divisions (C) and (D) of this section are less than the amounts	83373
that otherwise would have been credited to those funds under	83374
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03	83375
of the Revised Code, amounts required to be credited to the	83376
General Revenue Fund under those sections shall be increased	83377
accordingly.	83378

(F) The total amount credited each month under this section	83379
to the Local Government Fund, the Library and Local Government	83380
Support Fund, and the Local Government Revenue Assistance Fund	83381
shall be distributed on or before the tenth day of the immediately	83382
succeeding month as follows:	83383

(1) Each county undivided Local Government Fund shall receive	83384
a distribution from the Local Government Fund that is based upon	83385
its proportionate share of the total amount received by it from	83386
the fund in the same month during the preceding calendar year.	83387

(2) Each municipal corporation receiving a direct	83388
distribution from the Local Government Fund shall receive a	83389
distribution that is based upon its proportionate share of the	83390
total amount received by it from the fund in the same month during	83391
the preceding calendar year.	83392

(3) Each county undivided Local Government Revenue Assistance	83393
Fund shall receive a distribution from the Local Government	83394
Revenue Assistance Fund that is based upon its proportionate share	83395
of the total amount received by it from the fund in the same month	83396
during the preceding calendar year.	83397

(4) Each county undivided Library and Local Government	83398
Support Fund shall receive a distribution from the Library and	83399
Local Government Support Fund that is based upon its proportionate	83400
share of the total amount received by it from the fund in the same	83401
month during the preceding calendar year.	83402

(G) Distributions shall not be made in accordance with	83403
sections 5747.47 and 5747.50 of the Revised Code until January 1,	83404
2008.	83405

(H) Notwithstanding section 5747.47 of the Revised Code, the	83406
Tax Commissioner is not required to issue the certification	83407
required by that section to be made in December 2007 for calendar	83408
year 2007. The Tax Commissioner may, as the Commissioner considers	83409
appropriate, provide to each county auditor additional revised	83410
estimates or other information relating to distributions in 2007,	83411
2008, or 2009 at any time during the period beginning July 1,	83412
2007, and ending June 30, 2009.	83413

(I)(1) Notwithstanding division (A) of section 131.51 of the	83414
Revised Code, on or before January 5, 2008, the Director of Budget	83415
and Management shall credit to the Local Government Fund an amount	83416
equal to three and sixty-eight one-hundredths per cent of total	83417
tax revenues credited to the General Revenue Fund during December	83418
2007. In determining the total tax revenues credited to the	83419
General Revenue Fund during that month, transfers made from the	83420
General Revenue Fund during that month to the Local Government	83421
Fund, the Local Government Revenue Assistance Fund, and the	83422
Library and Local Government Support Fund shall be disregarded.	83423
Moneys credited to the Local Government Fund under division (I)(1)	83424
of this section shall be distributed in January 2008 in accordance	83425
with section 5747.50 of the Revised Code.	83426

(2) Notwithstanding division (B) of section 131.51 of the	83427
Revised Code, on or before January 5, 2008, the Director of Budget	83428
and Management shall credit to the Library and Local Government	83429
Support Fund an amount equal to two and twenty-two one-hundredths	83430
per cent of total tax revenues credited to the General Revenue	83431
Fund during December 2007. In determining the total tax revenues	83432
credited to the General Revenue Fund during that month, transfers	83433
made from the General Revenue Fund during that month to the Local	83434
Government Fund, the Local Government Revenue Assistance Fund, and	83435
the Library and Local Government Support Fund shall be	83436
disregarded. Moneys credited to the Library and Local Government	83437
Support Fund under division (I)(2) of this section shall be	83438
distributed in January 2008 in accordance with section 5747.47 of	83439
the Revised Code.	83440

Section 757.04. Notwithstanding sections 5747.46 and 5747.47	83441
of the Revised Code or any other provision of law to the contrary,	83442
a county's actual Library and Local Government Support Fund total	83443
entitlement for the 2007 distribution year shall equal the amount	83444
that was distributed to the county's Library and Local Government	83445
Support Fund from the Library and Local Government Support Fund	83446
during the 2007 calendar year. Each county's resulting calendar	83447
year 2007 Library and Local Government Support Fund entitlement	83448
shall be used by the Tax Commissioner for purposes of determining	83449
the guaranteed share of the Library and Local Government Support	83450
Fund in section 5747.46 of the Revised Code for the 2008	83451
distribution year and shall be used by the Commissioner in making:	83452

(A) The calendar year 2008 estimated entitlements of the	83453
Library and Local Government Support Fund required by section	83454
5747.47 of the Revised Code to be certified to county auditors in	83455
July 2007, December 2007, and June 2008; and	83456

(B) The calendar year 2008 actual Library and Local	83457
Government Support Fund entitlement computations required by	83458
section 5747.47 of the Revised Code to be certified to county	83459
auditors in December 2008.	83460

Section 757.06. As used in this section, "electric company	83461
tax value loss" has the same meaning as in section 5727.84 of the	83462
Revised Code.	83463

The amendment by this act of division (D) of section 5727.84	83464
of the Revised Code is remedial in nature. The Tax Commissioner	83465
shall determine the amount of any additional electric company tax	83466
value loss resulting from that amendment. Notwithstanding the	83467
deadlines prescribed in sections 5727.84, 5727.85, and 5727.86 of	83468
the Revised Code to the contrary, the Tax Commissioner and the	83469
Department of Education shall perform all of the computations and	83470
make all of the certifications and payments described in those	83471
sections in connection with any additional electric company tax	83472
value loss resulting from division (D)(4) of section 5727.84 of	83473
the Revised Code, as amended by this act.	83474

Section 757.07. For tax years 2007 and thereafter, telephone,	83475
telegraph, and interexchange telecommunications companies, as	83476
defined in section 5727.01 of the Revised Code, shall list taxable	83477
property at the percentage of true value required in Chapter 5711.	83478
of the Revised Code. For purposes of assigning taxable valuation	83479
to each taxing district for those years, the Tax Commissioner	83480
shall continue to use the apportionment provisions of Chapter	83481
5727. of the Revised Code. However, such property shall be listed	83482
by the county auditor and certified to the county treasurer for	83483
collection under the provisions applicable to the general tax list	83484
of personal property and not upon the tax list and duplicate of	83485
real and public utility personal property.	83486

Section 757.08. Resolutions adopted by a board of township	83487
trustees of a limited home rule township pursuant to Chapter 504.	83488
and section 5709.73 of the Revised Code in December 2005 are	83489
hereby deemed to have had an immediate effective date if the board	83490
unanimously adopts a resolution so declaring. This section applies	83491
to applications for exemption under section 5709.73 of the Revised	83492
Code pending before the Tax Commissioner on the effective date of	83493
this section and to such applications filed or refiled within 90	83494
days after that effective date.	83495

Section 757.10. The Office of Information Technology, in	83496
conjunction with the Department of Taxation, may acquire the State	83497
Taxation Accounting and Revenue System (STARS) pursuant to Chapter	83498
125. of the Revised Code, including, but not limited to, the	83499
application software and installation and implementation thereof,	83500
for the use of the Department of Taxation. STARS is an integrated	83501
tax collection and audit system that will replace all of the	83502
state's existing separate tax software and administration systems	83503
for the various taxes collected by the state. Any lease-purchase	83504
arrangement used under Chapter 125. of the Revised Code to acquire	83505
STARS, including any fractionalized interests therein as defined	83506
in division (N) of section 133.01 of the Revised Code, must	83507
provide that at the end of the lease period, STARS becomes the	83508
property of the state.	83509

Section 757.20. (A) As used in this section, "commercial or	83510
industrial parcel subject to assessment" means a parcel that is	83511
classified by a county auditor as commercial or industrial	83512
according to the county auditor's use codes as listed in the	83513
Conservancy Appraisal Record of the Muskingum Watershed	83514
Conservancy District.	83515

(B) The board of directors of the Muskingum Watershed	83516
Conservancy District shall prepare written notification of the	83517
maintenance assessment to be levied by the District under section	83518
6101.53 of the Revised Code that is scheduled to begin collection	83519
in calendar year 2008. The notification shall include a statement	83520
that the District intends to levy the maintenance assessment and	83521
shall include, with respect to each person to whom notification is	83522
required to be sent under division (C) of this section, an	83523
indication of the amount of the maintenance assessment that is	83524
applicable to that person.	83525

(C) The board of directors of the Muskingum Watershed	83526
Conservancy District shall cause to be sent by United States mail	83527
the notification of the maintenance assessment that is required in	83528
division (B) of this section to each person who owns property	83529
within the territorial boundaries of the district that is a	83530
commercial or industrial parcel subject to assessment. The	83531
notification shall be sent not later than ninety days prior to	83532
the date on which the maintenance assessment is scheduled to	83533
begin collection.	83534

Section 757.30. Notwithstanding section 321.261 of the	83535
Revised Code, a board of county commissioners of a county with a	83536
population exceeding one million two hundred thousand may, by	83537
resolution, authorize the use of up to three million dollars in	83538
the county's delinquent tax and assessment collection fund to	83539
prevent residential mortgage foreclosures in the county and to	83540
assist municipal corporations located in the county in the	83541
nuisance abatement of deteriorated residential buildings in	83542
foreclosure. The funds shall be used to provide financial	83543
assistance in the form of loans to borrowers in default on their	83544
home mortgages, including for the payment of late fees, to clear	83545
arrearage balances, and to augment moneys used in the county's	83546
Foreclosure Prevention Program. The funds also shall be used to	83547
assist municipal corporations located in the county, upon	83548
application to the county department of development for the funds,	83549
in the nuisance abatement of deteriorated residential buildings in	83550
foreclosure, including paying the costs of boarding up such	83551
buildings and lot maintenance and demolition costs. Funds shall	83552
not be accessed or used for the purposes provided under this	83553
section after June 30, 2008.	83554

Section 757.40. As used in this section, "Ohio Business	83555
Gateway" has the same meaning as in section 718.051 of the Revised	83556
Code.	83557

The tax collected by a motor vehicle dealer on sales of motor	83558
vehicles to nonresident purchasers under the provisions of section	83559
5739.029 of the Revised Code occurring prior to July 1, 2008,	83560
shall be reported and remitted as follows:	83561

(A) The motor vehicle dealer shall provide evidence to the	83562
clerk of courts that the tax was collected from the nonresident	83563
purchaser at the time the dealer applies for title to the vehicle.	83564
Notwithstanding section 4505.06 of the Revised Code, the clerk of	83565
courts shall issue the appropriate title for any vehicle sold to a	83566
nonresident purchaser when the evidence required by this division	83567
is provided by the motor vehicle dealer. For purposes of this	83568
division, an application for title made by a motor vehicle dealer	83569
that indicates the amount of the sales tax collected by the dealer	83570
shall constitute the required evidence.	83571

(B) By the tenth day of each month, each motor vehicle dealer	83572
shall, for each location from which the dealer makes sales of	83573
motor vehicles, remit the tax collected on all motor vehicles sold	83574
during the preceding month to nonresident purchasers through the	83575
Ohio Business Gateway in the manner prescribed by the Tax	83576
Commissioner.	83577

(C) The Ohio Office of Information Technology shall, on or	83578
before the fifteenth day of each month, issue a report of	83579
nonresident motor vehicle sales tax payments made through the Ohio	83580
Business Gateway by each motor vehicle dealer for sales made	83581
during the preceding month. The report shall be in the form	83582
prescribed by the Tax Commissioner. A copy of the report shall be	83583
provided to the Tax Commissioner and to the Registrar of Motor	83584
Vehicles.	83585

(D) The Registrar of Motor Vehicles shall compare the report	83586
issued by the Ohio Office of Information Technology pursuant to	83587
division (C) of this section with the motor vehicle titles issued	83588
by its office for vehicles sold to nonresident purchasers and	83589
report any discrepancies to the Tax Commissioner by the last day	83590
of the month in which the report is received.	83591

(E) The Commissioner may collect from a motor vehicle dealer	83592
any tax due on sales of motor vehicles to nonresident purchasers	83593
of motor vehicles pursuant to section 5739.029 of the Revised Code	83594
that has not been remitted through the Ohio Business Gateway as	83595
provided in this section by assessment in the manner provided in	83596
section 5739.13 of the Revised Code.	83597

(F) If any motor vehicle dealer fails to remit tax for any of	83598
its locations on sales to nonresident purchasers through the Ohio	83599
Business Gateway in the manner provided in division (B) of this	83600
section, the Tax Commissioner may assess a late payment fee not to	83601
exceed one hundred dollars for each such location. The late	83602
payment fee shall be considered as revenue arising from the tax	83603
and may be collected by assessment in the manner provided in	83604
section 5739.13 of the Revised Code.	83605

(G) The revenue deposited into the state treasury from taxes	83606
paid pursuant to section 5739.029 of the Revised Code and this	83607
section shall be credited to the state general revenue fund. From	83608
the amounts so credited, a share shall be distributed to the	83609
counties as follows:	83610

(1) Five-sixtieths of the revenue collected shall be	83611
distributed to the county where the sale is sitused under 5739.035	83612
of the Revised Code;	83613

(2) Distributions made to each county shall be made not later	83614
than seventy-five days after the report is filed under division	83615
(C) of this section;	83616

(3) The amount to be so distributed to each county shall be	83617
credited to the funds of the county as provided by divisions (A)	83618
and (B) of section 5739.211 of the Revised Code.	83619

Section 803.03. The amendment or enactment by this act of	83620
sections 3119.022, 3119.023, 3119.05, 3119.29, 3119.30, 3119.302,	83621
and 3119.32 of the Revised Code first applies on February 1, 2008,	83622
or on the effective date of regulations defining "reasonable cost"	83623
issued by the United States Secretary of Health and Human	83624
Services, whichever is later.	83625

Section 803.06. The amendments by this act to sections	83626
323.151, 323.152, 323.153, and 323.154 of the Revised Code are	83627
first effective for tax year 2007, and the amendments to sections	83628
4503.064, 4503.065, 4503.066, and 4503.067 of the Revised Code are	83629
first effective for tax year 2008, and the following provisions	83630
shall apply:	83631

(A) Notwithstanding the filing deadlines set forth in	83632
sections 323.153 and 4503.066 of the Revised Code, original	83633
applications requesting reductions pursuant to division (A) of	83634
section 323.152 or section 4503.065 of the Revised Code may be	83635
filed not later than October 1, 2007. Notwithstanding the	83636
deadlines set forth in division (A) of section 323.153 of the	83637
Revised Code for homesteads in a housing cooperative, not later	83638
than August 1, 2007, the nonprofit corporation that owns and	83639
operates the housing cooperative shall obtain original	83640
applications from the county auditor and provide one to each	83641
occupant in the cooperative. Not later than September 1, 2007, any	83642
occupant who may be eligible for the reduction in taxes under	83643
division (A) of section 323.152 of the Revised Code shall submit	83644
the completed application to the corporation. Not later than	83645
October 1, 2007, the corporation shall file all completed	83646
applications and the information required by division (B) of	83647
section 323.159 of the Revised Code with the county auditor of the	83648
county in which the occupants' homesteads are located.	83649

(B) Notwithstanding the deadlines set forth in sections	83650
323.154 and 4503.067 of the Revised Code, if an application	83651
requesting the reduction under division (A) of section 323.152 of	83652
the Revised Code for tax year 2007 or under section 4503.065 of	83653
the Revised Code for tax year 2008 is not approved or the county	83654
auditor otherwise determines that the homestead does not qualify	83655
for a reduction in taxes, the auditor's deadline to notify the	83656
applicant of the reasons for such denial shall be extended to	83657
November 1, 2007.	83658

Section 803.07. The amendment by this act of sections	83659
5711.01 and 5727.06 of the Revised Code applies to telephone,	83660
telegraph, or interexchange telecommunications companies, as	83661
defined in section 5727.01 of the Revised Code, for tax year 2007	83662
and thereafter.	83663

Section 803.09. The amendment or enactment by this act of	83664
section 4505.06, division (B)(23) of section 5739.02, section	83665
5739.029, division (C) of section 5739.033, and section 5739.213	83666
of the Revised Code apply to sales described in division (A) of	83667
section 5739.029 of the Revised Code on or after August 1, 2007.	83668

Section 806.03. The sections and items of law contained in	83669
this act, and their applications, are severable. If any section or	83670
item of law contained in this act, or if any application of any	83671
section or item of law contained in this act, is held invalid, the	83672
invalidity does not affect other sections or items of law	83673
contained in this act and their applications that can be given	83674
effect without the invalid section or item of law or application.	83675

Section 809.03. An item of law, other than an amending,	83676
enacting, or repealing clause, that composes the whole or part of	83677
an uncodified section contained in this act has no effect after	83678
June 30, 2009, unless its context clearly indicates otherwise.	83679

Section 812.03. Except as otherwise specifically provided in	83680
this act, the codified sections of law amended or enacted in this	83681
act, and the items of law of which the codified sections of law	83682
amended or enacted in this act are composed, are subject to the	83683
referendum. Therefore, under Ohio Constitution, Article II,	83684
Section 1c and section 1.471 of the Revised Code, the codified	83685
sections of law amended or enacted by this act, and the items of	83686
law of which the codified sections of law as amended or enacted by	83687
this act are composed, take effect on the ninety-first day after	83688
this act is filed with the Secretary of State. If, however, a	83689
referendum petition is filed against any such codified section of	83690
law as amended or enacted by this act, or against any item of law	83691
of which any such codified section of law as amended or enacted by	83692
this act is composed, the codified section of law as amended or	83693
enacted, or item of law, unless rejected at the referendum, takes	83694
effect at the earliest time permitted by law.	83695

Section 812.06. Except as otherwise specifically provided in	83696
this act, the repeal by this act of a codified section of law is	83697
subject to the referendum. Therefore, under Ohio Constitution,	83698
Article II, Section 1c and section 1.471 of the Revised Code, the	83699
repeal by this act of a codified section of law takes effect on	83700
the ninety-first day after this act is filed with the Secretary of	83701
State. If, however, a referendum petition is filed against any	83702
such repeal, the repeal, unless rejected at the referendum, takes	83703
effect at the earliest time permitted by law.	83704

Section 812.09. The amendments to section 5111.014 of the	83705
Revised Code are subject to the referendum. Therefore, under Ohio	83706
Constitution, Article II, Section 1c and section 1.471 of the	83707
Revised Code, the amendments take effect January 1, 2008. If,	83708
however, a referendum petition is filed against the amendments,	83709
the amendments, unless rejected at the referendum, take effect at	83710
the earliest time permitted by law that is on or after the	83711
effective date specified in this section.	83712

Section 812.12. Uncodified sections of law amended or enacted	83713
in this act, and items of law contained within the uncodified	83714
sections of law amended or enacted in this act, that are marked	83715
with an asterisk are subject to the referendum. Therefore, under	83716
Ohio Constitution, Article II, Section 1c and section 1.471 of the	83717
Revised Code, the uncodified sections and items of law marked with	83718
an asterisk take effect on the ninety-first day after this act is	83719
filed with the Secretary of State. If, however, a referendum	83720
petition is filed against an uncodified section or item of law	83721
marked with an asterisk, the uncodified section or item of law	83722
marked with an asterisk, unless rejected at the referendum, takes	83723
effect at the earliest time permitted by law.	83724

If the amending and existing repeal clauses commanding the	83725
amendment of an uncodified section of law are both marked with	83726
asterisks, the uncodified section as amended is deemed also to	83727
have been marked with an asterisk.	83728

An asterisk marking an uncodified section or item of law has	83729
the form*.	83730

This section defines the meaning and form of, but is not	83731
itself to be considered marked with, an asterisk.	83732

Section 815.03. The sections of law amended or enacted by	83733
this act that are listed in this section, and the items of law of	83734
which such sections as amended or enacted by this act are	83735
composed, are not subject to the referendum. Therefore, under Ohio	83736
Constitution, Article II, Section 1d and section 1.471 of the	83737
Revised Code, such sections as amended or enacted by this act, and	83738
the items of law of which such sections as amended or enacted by	83739
this act are composed, go into immediate effect when this act	83740
becomes law.	83741

Sections 117.11, 117.112, 121.51, 122.051, 122.071, 122.076,	83742
122.17, 122.171, 122.174, 122.602, 124.152, 126.16, 126.24,	83743
126.40, 133.061, 173.35, 183.01, 183.021, 183.17, 183.33, 183.34,	83744
183.35, 183.51, 183.52, 709.01, 1503.05, 1713.031, 2305.2341,	83745
2927.023, 3109.04, 3109.041, 3119.022, 3119.023, 3119.05,	83746
3119.29, 3119.30, 3119.302, 3119.32, 3301.0711, 3313.615,	83747
3313.98, 3314.015, 3314.016, 3314.02, 3314.074, 3314.08,	83748
3314.087, 3314.091, 3314.19, 3314.26, 3317.01, 3317.012,	83749
3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.021,	83750
3317.022, 3317.023, 3317.024, 3317.025, 3317.029, 3317.0216,	83751
3317.0217, 3317.03, 3317.04, 3317.05, 3317.052, 3317.063, 3317.08,	83752
3317.16, 3317.20, 3317.201, 3318.12, 3326.01, 3326.02, 3326.03,	83753
3326.04, 3326.05, 3326.06, 3326.07, 3326.08, 3326.09, 3326.10,	83754
3326.11, 3326.12, 3326.13, 3326.14, 3326.15, 3326.16, 3326.17,	83755
3326.18, 3326.19, 3326.20, 3326.21, 3326.22, 3326.23, 3326.31,	83756
3326.32, 3326.33, 3326.34, 3326.35, 3326.36, 3326.37, 3326.38,	83757
3326.49, 3326.50, 3333.36, 3333.38, 3333.55, 3333.60, 3333.61,	83758
3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68,	83759
3333.69, 3333.70, 3345.32, 3345.35, 3353.02, 3353.03, 3365.01,	83760
3701.047, 3701.135, 3702.68 (3702.59), 3704.03, 3721.51,	83761
3721.541, 3721.56, 3735.672, 4503.10, 4513.263, 4723.621, 4723.63,	83762
4723.64, 4723.65, 4723.66, 4743.05, 4766.05, 4775.08, 5101.802,	83763
5101.98, 5104.04, 5104.30, 5111.871, 5111.8814, 5112.341,	83764
5123.01, 5123.033, 5123.045, 5123.0414, 5123.0415, 5123.051,	83765
5123.16, 5123.161, 5123.162, 5123.163, 5123.164, 5123.165,	83766
5123.166, 5123.167, 5123.168, 5123.169, 5123.19, 5123.196,	83767
5123.198, 5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.605,	83768
5123.99, 5126.12, 5126.15, 5126.19, 5126.25, 5126.40, 5126.42,	83769
5126.43, 5126.45, 5126.47, 5709.68, 5711.01, 5727.06, 5727.86,	83770
5747.47, 5747.50, 5747.501, 5747.51, 5747.54, 5751.21, 5907.15,	83771
5907.16, and 6111.0381 of the Revised Code.	83772

Section 815.06. The repeal by this act of the sections of law	83773
listed in this section is not subject to the referendum.	83774
Therefore, under Ohio Constitution, Article II, Section 1d and	83775
section 1.471 of the Revised Code, the repeals go into immediate	83776
effect when this act becomes law.	83777

Sections 183.02, 183.27, 183.32, 5123.16, 5123.182, 5123.199,	83778
5126.053, 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, and	83779
5747.63 of the Revised Code.	83780

The version of section 3702.68 of the Revised Code that was	83781
scheduled to take effect July 1, 2007.	83782

Section 815.09. The sections of law amended, enacted, or	83783
repealed by this act that are listed in this section are not	83784
subject to the referendum. Therefore, under Ohio Constitution,	83785
Article II, Section 1d and section 1.471 of the Revised Code, the	83786
sections as amended, enacted, or repealed, and the items of law of	83787
which as amended or enacted they are composed, go into effect as	83788
specified in this section.	83789

Sections 126.04, 127.16, 173.351, 173.401, 3718.03, 5101.27,	83790
5101.272, 5111.872, 5111.89, 5111.891, 5111.894, 5123.046,	83791
5123.047, 5123.048, 5123.049, 5123.0411, 5123.0416, 5126.054,	83792
5126.056, 5126.059, 5126.0510, 5126.0512, and 5705.44 of the	83793
Revised Code take effect July 1, 2007.	83794

Sections 340.03 and 5119.611 of the Revised Code take effect	83795
July 1, 2007.	83796

Section 718.03 of the Revised Code takes effect July 1, 2007.

83797

Section 4301.43 of the Revised Code takes effect July 1,	83798
2007.	83799

Sections 5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of	83800
the Revised Code take effect December 1, 2007.	83801

Sections 131.44, 131.51, 5705.29, 5725.24, 5739.032,	83802
5739.122, 5739.124, 5741.121, and 5741.122 of the Revised Code	83803
take effect January 1, 2008.	83804

Section 815.12. Except as otherwise specifically provided in	83805
this act, the uncodified sections of law amended or enacted in	83806
this act, and the items of law of which the uncodified sections of	83807
law amended or enacted in this act are composed, are not subject	83808
to the referendum. Therefore, under Ohio Constitution, Article II,	83809
Section 1d and section 1.471 of the Revised Code, the uncodified	83810
sections of law amended or enacted in this act, and the items of	83811
law of which the uncodified sections of laws amended or enacted in	83812
this act are composed, go into immediate effect when this act	83813
becomes law.	83814

Section 818.03. The amendment or enactment by this act of the	83815
sections of law listed in this section provides for or is	83816
essential to implementation of a tax levy. Therefore, under Ohio	83817
Constitution, Article II, Section 1d, the amendments and	83818
enactments, and the items of which they are composed, are not	83819
subject to the referendum and go into immediate effect when this	83820
act becomes law.	83821

Sections 133.01, 305.31, 307.672, 319.202, 319.54, 322.01,	83822
323.151, 323.152, 323.153, 323.154, 325.31, 718.01, 4503.06,	83823
4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4505.06,	83824
5733.39, 5739.02, 5739.029, 5739.033, 5739.035, 5739.09, 5739.12,	83825
5739.123, 5739.213, 5740.10, 5741.02, 5741.05, 5743.01, 5743.20,	83826
5743.99, 5745.02, 5745.05, 5745.13, 5747.01, 5748.01, 5748.02,	83827
5748.022, and 5751.23 of the Revised Code.	83828

Section 818.09. The repeal by this act of section 5743.331 of	83829
the Revised Code provides for or is essential to the	83830
implementation of a tax levy. Therefore, under Ohio Constitution,	83831
Article II, Section 1d, the repeal is not subject to the	83832
referendum and goes into immediate effect when this act becomes	83833
law.	83834

Section 821.06. (A) Except as otherwise provided in division	83835
(B) of this section, the amendments by this act to section 3317.02	83836
of the Revised Code are not subject to the referendum. Therefore,	83837
under Ohio Constitution, Article II, Section 1d and section 1.471	83838
of the Revised Code, the amendments go into immediate effect.	83839

(B) The amendment to section 3317.02 of the Revised Code that	83840
substitutes the term "state education aid" for the term "SF-3	83841
payment" is subject to the referendum. Therefore, under Ohio	83842
Constitution, Article II, Section 1c and section 1.471 of the	83843
Revised Code, the amendment takes effect on the ninety-first day	83844
after this act is filed with the Secretary of State. If, however,	83845
a referendum petition is filed against the amendment, the	83846
amendment, unless rejected at the referendum, takes effect at the	83847
earliest time permitted by law.	83848

Section 821.12. (A) Except as otherwise provided in division	83849
(B) of this section, the amendments by this act to section 5111.20	83850
of the Revised Code are subject to the referendum. Therefore,	83851
under Ohio Constitution, Article II, Section 1c and section 1.471	83852
of the Revised Code, the amendments take effect on the	83853
ninety-first day after this act is filed with the Secretary of	83854
State. If, however, a referendum petition is filed against the	83855
amendments, the amendments, unless rejected at the referendum,	83856
take effect at the earliest time permitted by law.	83857

(B) The amendment to division (H)(3)(a) of section 5111.20 of	83858
the Revised Code is not subject to the referendum. Therefore,	83859
under Ohio Constitution, Article II, Section 1d and section 1.471	83860
of the Revised Code, the amendment goes into immediate effect.	83861

Section 821.13. (A) Except as otherwise provided in division	83862
(B) of this section, the amendments by this act to section	83863
5126.046 of the Revised Code are not subject to the referendum.	83864
Therefore, under Ohio Constitution, Article II, Section 1d and	83865
section 1.471 of the Revised Code, the amendments go into	83866
immediate effect.	83867

(B) The amendments to division (A) and the third paragraph of	83868
division (B) of section 5126.046 of the Revised Code are not	83869
subject to the referendum. Therefore, under Ohio Constitution,	83870
Article II, Section 1d and section 1.471 of the Revised Code, the	83871
amendments take effect July 1, 2007.	83872

Section 821.15. (A) Except as otherwise provided in division	83873
(B) of this section, the amendments by this act to section	83874
5126.055 of the Revised Code are subject to the referendum.	83875
Therefore, under Ohio Constitution, Article II, Section 1c and	83876
section 1.471 of the Revised Code, the amendments take effect on	83877
the ninety-first day after this act is filed with the Secretary of	83878
State. If, however, a referendum petition is filed against the	83879
amendments, the amendments, unless rejected at the referendum,	83880
take effect at the earliest time permitted by law.	83881

(B) The amendment to section 5126.055 of the Revised Code	83882
that strikes through "5123.16" and inserts "5123.161" is not	83883
subject to the referendum. Therefore, under Ohio Constitution,	83884
Article II, Section 1d and section 1.471 of the Revised Code, the	83885
amendment goes into immediate effect.	83886

Section 821.16. (A) Except as otherwise provided in division	83887
(B) of this section, the amendments by this act to section	83888
5126.057 (5126.0511) of the Revised Code are not subject to the	83889
referendum. Therefore, under Ohio Constitution, Article II,	83890
Section 1d and section 1.471 of the Revised Code, the amendments	83891
take effect July 1, 2007.	83892

(B) The amendments to relettered division (A)(2) and (A)(4)	83893
of section 5126.057 of the Revised Code are not subject to the	83894
referendum. Therefore, under Ohio Constitution, Article II,	83895
Section 1d and section 1.471 of the Revised Code, the amendments	83896
go into immediate effect.	83897

Section 821.17. (A) Except as otherwise provided in division	83898
(B) of this section, the amendments by this act to section 5126.18	83899
of the Revised Code are not subject to the referendum. Therefore,	83900
under Ohio Constitution, Article II, Section 1d and section 1.471	83901
of the Revised Code, the amendments go into immediate effect.	83902

(B) The amendments to division (H) of section 5126.18 of the	83903
Revised Code are not subject to the referendum. Therefore, under	83904
Ohio Constitution, Article II, Section 1d and section 1.471 of the	83905
Revised Code, the amendments take effect July 1, 2007.	83906

Section 821.17.10. (A) Except as otherwise provided in	83907
division (B) of this section, the amendments by this act to	83908
section 5727.84 of the Revised Code are not subject to the	83909
referendum. Therefore, under Ohio Constitution, Article II,	83910
Section 1d and section 1.471 of the Revised Code, the amendments	83911
take effect December 1, 2007.	83912

(B) The amendments to division (D) of section 5727.84 of the	83913
Revised Code are not subject to the referendum. Therefore, under	83914
Ohio Constitution, Article II, Section 1d and section 1.471 of the	83915
Revised Code, the amendments take immediate effect.	83916

Section 821.18. (A) Except as otherwise provided in division	83917
(B) of this section, the amendments by this act to section 5727.87	83918
of the Revised Code provide for or are essential to implementation	83919
of a tax levy. Therefore, under Ohio Constitution, Article II,	83920
Section 1d, the amendments are not subject to the referendum and	83921
go into immediate effect when this act becomes law.	83922

(B) The amendment to division (A)(2)(b) of section 5727.87 of	83923
the Revised Code is subject to the referendum. Therefore, under	83924
Ohio Constitution, Article II, Section 1c and section 1.471 of the	83925
Revised Code, the amendment takes effect on the ninety-first day	83926
after this act is filed with the Secretary of State. If, however,	83927
a referendum petition is filed against the amendment, the	83928
amendment, unless rejected at the referendum, takes effect at the	83929
earliest time permitted by law.	83930

Section 821.21. If the amendment or enactment in this act of	83931
a codified or uncodified section of law is subject to the	83932
referendum, the corresponding indications in the amending,	83933
enacting, or existing repeal clauses commanding the amendment or	83934
enactment also are subject to the referendum, along with the	83935
amendment or enactment. If the amendment or enactment by this act	83936
of a codified or uncodified section of law is not subject to the	83937
referendum, the corresponding indications in the amending,	83938
enacting, or existing repeal clauses commanding the amendment or	83939
enactment also are not subject to the referendum, the same as the	83940
amendment or enactment.	83941

Section 824.03. The General Assembly, applying the principle	83942
stated in division (B) of section 1.52 of the Revised Code that	83943
amendments are to be harmonized if reasonably capable of	83944
simultaneous operation, finds that the following sections,	83945
presented in this act as composites of the sections as amended by	83946
the acts indicated, are the resulting versions of the sections in	83947
effect prior to the effective date of the sections as presented in	83948
this act:	83949

Section 109.572 of the Revised Code as amended by both Am.	83950
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	83951

Section 111.18 of the Revised Code as amended by both Am.	83952
Sub. H.B. 94 and Am. Sub. S.B. 74 of the 124th General Assembly.	83953

Section 323.153 of the Revised Code as amended by both Am.	83954
H.B. 595 and Am. Sub. H.B. 672 of the 123rd General Assembly.	83955

Section 711.131 of the Revised Code as amended by both Sub.	83956
H.B. 231 and Sub. S.B. 115 of the 125th General Assembly.	83957

Section 2921.42 of the Revised Code as amended by both Sub.	83958
H.B. 150 and Am. Sub. H.B. 285 of the 120th General Assembly.	83959

Section 3301.0714 of the Revised Code as amended by Am. Sub.	83960
H.B. 79, Am. Sub. H.B. 137, Am. Sub. H.B. 276, and Am. Sub. H.B.	83961
530 of the 126th General Assembly.	83962

Section 3313.64 of the Revised Code as amended Am. Sub. H.B.	83963
137, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of	83964
the 126th General Assembly.	83965

Section 3317.03 of the Revised Code as amended by both Am.	83966
Sub. H.B. 79 and Am. Sub. H.B. 699 of the 126th General Assembly.	83967

Section 3318.01 of the Revised Code as amended by both Am.	83968
Sub. H.B. 11 of the 125th General Assembly and Am. Sub. H.B. 16 of	83969
the 126th General Assembly.	83970

Section 5107.05 of the Revised Code as amended by Am. Sub.	83971
H.B. 283, H.B. 471, and Sub. S.B. 245, all of the 123rd General	83972
Assembly, and Am. Sub. H.B. 66 of the 126th General Assembly.	83973

Section 5739.035 of the Revised Code as amended by both Am.	83974
Sub. H.B. 66 and Am. Sub. S.B. 26 of the 126th General Assembly.	83975

Section 5741.02 of the Revised Code as amended by both Sub.	83976
H.B. 294 and Am. Sub. S.B. 269 of the 126th General Assembly.	83977

Section 5748.01 of the Revised Code as amended by both Sub.	83978
H.B. 73 and Am. Sub. H.B. 699 of the 126th General Assembly.	83979

Section 5748.02 of the Revised Code as amended by both Am.	83980
Sub. H.B. 3 and Am. Sub. H.B. 530 of the 126th General Assembly.	83981

The finding in this section takes effect at the same time as	83982
the section referenced in the finding takes effect.	83983